[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20820-20821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]


Citric Acid and Certain Citrate Salts From Thailand: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain producers/exporters subject to this administrative review 
did not make sales of subject merchandise at less than normal value 
(NV) during the July 1, 2020, through June 30, 2021, period of review 
(POR). Interested parties are invited to comment on these preliminary 
results of review.

DATES: Applicable April 8, 2022.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Patrick Barton, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-0012, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 7, 2021, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty order on citric acid and certain citrate 
salts (citric acid) from Thailand for the POR.\1\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation 
Notice).
    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Citric Acid and 
Certain Citrate Salts from Thailand; 2020-2021,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order <SUP>3</SUP>
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    \3\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214 (July 
25, 2018) (Order).
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    The merchandise covered by this Order includes all grades and 
granulation sizes of citric acid, sodium citrate, and potassium citrate 
in their unblended forms, whether dry or in solution, and regardless of 
packaging type. The scope also includes blends of citric acid, sodium 
citrate, and potassium citrate; as well as blends with other 
ingredients, such as sugar, where the unblended form(s) of citric acid, 
sodium citrate, and potassium citrate constitute 40 percent or more, by 
weight, of the blend.
    Citric acid and sodium citrate are classifiable under 2918.14.0000 
and 2918.15.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS), respectively. Potassium citrate and crude calcium citrate are 
classifiable under 2918.15.5000 and, if included in a mixture or blend, 
3824.99.9295 of the HTSUS. Blends that include citric acid, sodium 
citrate, and potassium citrate are classifiable under 3824.99.9295 of 
the HTSUS. Although the HTSUS sub-headings are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. NV is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2020, 
through June 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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COFCO Biochemical (Thailand) Co., Ltd. (COFCO)..............        0.00
Sunshine Biotech International Co., Ltd.....................        0.00
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. If the weighted-average dumping margin for 
companies listed above are not zero or de minimis (i.e., less than 0.5 
percent), we will calculate importer-specific ad valorem AD assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\4\ We will instruct CBP 
to assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.5 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review and for 
future deposits of estimated duties, where applicable.\5\
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    \4\ In the preliminary results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101 (February 14, 2012).
    \5\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent which did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate entries not reviewed 
at the all-others rate established in the original less-than-fair value 
(LTFV) investigation (i.e., 11.25 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.

[[Page 20821]]

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously investigated or 
reviewed companies not covered in this review, the cash deposit rate 
will continue to be the company-specific cash deposit rate published 
for the most recently completed segment of this proceeding in which the 
company participated; (3) if the exporter is not a firm covered in this 
review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 11.25 percent, the all-others rate 
established in the LTFV investigation.\6\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \6\ See Order.
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\7\
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    \7\ See 19 CFR 351.224(b).
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Verification

    On December 14, 2021, Commerce received a request from the 
petitioners to conduct verification of the responses in this 
administrative review.\8\ Commerce is currently unable to conduct on-
site verification of the information relied upon for the final results 
of this review. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.
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    \8\ See Petitioners' Letter, ``Petitioners' Request for 
Verification,'' dated December 14, 2021.
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be provided to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit for filing case briefs.\9\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\10\ Case and rebuttal 
briefs should be filed using ACCESS.\11\
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    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS within 30 days after the date of publication of this notice.\12\ 
Hearing requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Oral presentations at the hearing will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the 
hearing.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\14\
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    \14\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2022-07577 Filed 4-7-22; 8:45 am]
BILLING CODE 3510-DS-P