Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 791 

1See Citric Acid and Certain Citrate Salts from 

Belgium, Colombia, and Thailand: Initiation of 

Less-Than-Fair-Value Investigations, 82 FR 29828 

(June 30, 2017) (Initiation Notice) and 

accompanying Initiation Checklist. 

2See Citric Acid and Certain Citrate Salts from 

Belgium, Colombia, and Thailand: Postponement of 

Preliminary Determinations of Less-Than-FairValue Investigations, 82 FR 50622 (November 1, 

2017) (Preliminary Postponement Notice). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Antidumping Duty 

Determination, Preliminary Affirmative Critical 

Circumstances Determination, and Postponement of 

Final Determination and Extension of Provisional 

Measures in the Less-Than-Fair-Value Investigation 

of Citric Acid and Certain Citrate Salts from 

Colombia’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

62 FR 27296, 27323 (May 19, 1997) (Preamble). 

5See Initiation Notice, 82 FR at 29836. 

6See Memorandum from Erin Begnal, Director, 

Office III, to Gary Taverman, Deputy Assistant 

Secretary for Antidumping and Countervailing Duty 

Operations performing the non-exclusive functions 

and duties of the Assistant Secretary for 

Enforcement and Compliance, titled ‘‘Scope 

Comments Decision Memorandum for the 

Preliminary Determinations,’’ dated December 1, 

2017 (Preliminary Scope Comments Decision 

Memorandum). 

separate from China-wide entity), the 

cash deposit rate will be China-wide 

rate of 141.49 percent; and (4) for all 

non-Chinese exporters of subject 

merchandise which have not received 

their own rate, the cash deposit rate will 

be the rate applicable to Chinese 

exporter(s) that supplied that nonChinese exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

period. Failure to comply with this 

requirement may result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This notice is issued in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act, and 19 CFR 351.221(b)(4). 

Dated: December 27, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–00113 Filed 1–5–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–301–803] 

Citric Acid and Certain Citrate Salts 

From Colombia: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value, Preliminary 

Negative Critical Circumstances 

Determination Postponement of Final 

Determination, and Extension of 

Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that citric acid and certain citrate salts 

(citric acid) from Colombia are being, or 

are likely to be, sold in the United States 

at less than fair value (LTFV). The 

period of investigation (POI) is April 1, 

2016, through March 31, 2017. 

DATES: Applicable: January 8, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Moore, 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) 482–3692. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on June 30, 2017.1 On November 1, 

2017, Commerce postponed the 

preliminary determination of this 

investigation until December 29, 2017.2

For a complete description of the events 

that followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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 https://

access.trade.gov, and is available to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The products covered by this 

investigation are citric acid and certain 

citrate salts (citric acid) from Colombia. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period for parties to 

raise issues regarding product coverage 

(i.e., scope).5 Certain interested parties 

commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this preliminary 

determination, and accompanying 

discussion and analysis of all comments 

timely received, see the Preliminary 

Scope Decision Memorandum.6

Commerce did not preliminarily modify 

the scope language as it appeared in the 

Initiation Notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Export prices are 

calculated in accordance with section 

772(a) of the Act. Normal value (NV) is 

calculated in accordance with section 

773 of the Act. For a full description of 

the methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Negative Determination of 

Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, Commerce 

preliminary determines that critical 

circumstances do not exist for the 

mandatory respondent, Sucroal S.A. 

(Sucroal), or for exporters and producers 

not individually examined (i.e., ‘‘allothers’’). For a full description of the 

methodology and results of Commerce’s 

critical circumstances analysis, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) and 735(c)(5)(A) 

of the Act provide that in the 

preliminary determination Commerce 

shall determine an estimated all-others 

rate for all exporters and producers not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters and producers 


sradovich on DSK3GMQ082PROD with NOTICES
792 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 

7See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

8See Petitioners’ Letter, ‘‘Antidumping Duty 

Investigation of Citric Acid and Certain Citrate Salts 

from Colombia: Petitioners’ Request for 

Postponement of Final Determination,’’ dated 

November 29, 2017. 9See Sucroal’s Letter, ‘‘Antidumping Duty 

Investigation of Citric Acid and Certain Citrate Salts 

from Colombia: Respondent’s Request for 

Postponement of Final Determination,’’ dated 

December 12, 2017. 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. 

Commerce calculated an individual 

estimated weighted-average dumping 

margin for Sucroal, the only 

individually examined exporter/ 

producer in this investigation. Because 

the only individually calculated 

dumping margin is not zero, de 

minimis, or based entirely under section 

776 of the Act, the estimated weightedaverage dumping margin calculated for 

Sucroal is the margin assigned to allother producers and exporters, pursuant 

to section 735(c)(5)(A) of the Act. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Sucroal S.A ........................... 27.48 

All-Others .............................. 27.48 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of subject 

merchandise, as described in the scope 

of the investigation section, see 

Appendix I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) The cash 

deposit rate for the respondent listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margin determined in this 

preliminary determination; (2) if the 

exporter is not the respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.7

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this investigation 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, at a time and date to be 

determined. Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the 

petitioners. Section 351.210(e)(2) of 

Commerce’s regulations requires that a 

request by exporters for postponement 

of the final determination be 

accompanied by a request for extension 

of provisional measures from a fourmonth period to a period not more than 

six months in duration. 

On November 29, 2017, the 

petitioners, Archer Daniels Midland 

Company, Cargill, Incorporated, and 

Tate & Lyle Ingredients Americas LLC, 

requested that, if the preliminary 

determination in this investigation was 

negative, Commerce postpone the final 

determination pursuant to 19 CFR 

351.210(b)(2)(i).8 On December 12, 

2017, Sucroal requested that, if the 

preliminary determination in this 

investigation was affirmative, 

Commerce postpone the final 

determination pursuant to 19 CFR 

351.210(b)(2)(ii) and that provisional 

measures be extended not to exceed six 

months pursuant to 19 CFR 351.210(e).9

In accordance with section 

735(a)(2)(A) of the Act and 19 CFR 

351.210(b)(2)(ii), because: (1) The 

preliminary determination is 

affirmative; (2) the requesting exporter 

accounts for a significant proportion of 

exports of the subject merchandise; and 

(3) no compelling reasons for denial 

exist, Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a six-month period. 

Accordingly, Commerce will make its 

final determination no later than 135 

days after the date of publication of this 

preliminary determination. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 793 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: December 29, 2017. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation 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. 

The scope also includes all forms of crude 

calcium citrate, including dicalcium citrate 

monohydrate, and tricalcium citrate 

tetrahydrate, which are intermediate 

products in the production of citric acid, 

sodium citrate, and potassium citrate. 

The scope includes the hydrous and 

anhydrous forms of citric acid, the dihydrate 

and anhydrous forms of sodium citrate, 

otherwise known as citric acid sodium salt, 

and the monohydrate and monopotassium 

forms of potassium citrate. Sodium citrate 

also includes both trisodium citrate and 

monosodium citrate which are also known as 

citric acid trisodium salt and citric acid 

monosodium salt, respectively. 

The scope does not include calcium citrate 

that satisfies the standards set forth in the 

United States Pharmacopeia and has been 

mixed with a functional excipient, such as 

dextrose or starch, where the excipient 

constitutes at least 2 percent, by weight, of 

the product. 

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 subheadings are provided for 

convenience and customs purposes, the 

written description of the merchandise is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Postponement of Final Determination and 

Extension of Provisional Measures 

V. Scope Comments 

VI. Scope of the Investigation 

VII. Preliminary Negative Determination of 

Critical Circumstances 

VIII. Discussion of the Methodology 

A. Determination of the Comparison 

Method 

B. Results of the Differential Pricing 

Analysis 

IX. Date of Sale 

X. Product Comparisons 

XI. Export Price and Constructed Export 

Price 

XII. Normal Value 

A. Comparison Market Viability 

B. Level of Trade 

C. Cost of Production (COP) Analysis 

1. Calculation of COP 

2. Test of Comparison Market Sales Prices 

3. Results of the COP Test 

D. Calculation of NV Based on Comparison 

Market Prices 

XIII. Currency Conversion 

XIV. Verification 

XV. Recommendation 

[FR Doc. 2018–00131 Filed 1–5–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF931 

Fishing Capacity Reduction Program 

for the Longline Catcher Processor 

Subsector of the Bering Sea and 

Aleutian Islands Non Pollock 

Groundfish Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of fee rate adjustment. 

SUMMARY: NMFS issues this notice to 

increase the fee rate for the non-pollock 

groundfish fishery to repay the 

$35,000,000 reduction loan to finance 

the non-pollock groundfish fishing 

capacity reduction program. 

DATES: The non-pollock groundfish 

program fee rate increase will begin on 

January 1, 2018. The first due date for 

fee payments with the increased rate 

will be February 15, 2018. 

ADDRESSES: Send questions about this 

notice to Paul Marx, Chief, Financial 

Services Division, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3282. 

FOR FURTHER INFORMATION CONTACT: Paul 

Marx, (301) 427–8799. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 312(b)–(e) of the MagnusonStevens Fishery Conservation and 

Management Act (16 U.S.C. 1861a (b) 

through e) generally authorizes fishing 

capacity reduction programs. In 

particular, section 312(d) authorizes 

industry fee systems for repaying 

reduction loans, which finance 

reduction program costs. Subpart L of 

50 CFR part 600 is the framework rule 

generally implementing section 312(b)– 

(e). Sections 1111 and 1112 of the 

Merchant Marine Act, 1936 (46 App. 

U.S.C. 1279f and 1279g) generally 

authorize reduction loans. 

Enacted on December 8, 2004, section 

219, Title II, of FY 2005 Appropriations 

Act, Public Law 104–447 (Act) 

authorizes a fishing capacity reduction 

program implementing capacity 

reduction plans submitted to NMFS by 

catcher processor subsectors of the 

Bering Sea and Aleutian Islands 

(‘‘BSAI’’) non-pollock groundfish fishery 

(‘‘reduction fishery’’) as set forth in the 

Act. 

The longline catcher processor 

subsector (the ‘‘Longline Subsector’’) is 

among the catcher processor subsectors 

eligible to submit to NMFS a capacity 

reduction plan under the terms of the 

Act. 

The longline subsector non-pollock 

groundfish reduction program’s 

objective was to reduce the number of 

vessels and permits endorsed for 

longline subsector of the non-pollock 

groundfish fishery. 

All post-reduction fish landings from 

the reduction fishery are subject to the 

longline subsector non-pollock 

groundfish program’s fee. 

NMFS proposed the implementing 

notice on August 11, 2006 (71 FR 

46364), and published the final notice 

on September 29, 2006 (71 FR 57696). 

NMFS allocated the $35,000,000 

reduction loan (A Loan) to the reduction 

fishery and this loan is repayable by fees 

from the fishery. 

On September 24, 2007, NMFS 

published in the Federal Register (72 

FR 54219), the final rule to implement 

the industry fee system for repaying the 

non-pollock groundfish program’s 

reduction loan and established October 

24, 2007, as the effective date when fee 

collection and loan repayment began. 

The regulations implementing the 

program are located at § 600.1012 of 50 

CFR part 600, subpart M. 

NMFS published, in the Federal 

Register on November 2, 2009 (74 FR 

56592), a notice to decrease the A Loan 

fee rate to $0.016 per pound effective 

January 1, 2010. On November 12, 2010, 

NMFS published a notice (75 FR 69401), 

to decrease the fee rate to $0.015 per 

pound, effective January 1, 2011. NMFS 

published a notice on November 30, 

2011 (76 FR 74048) to decrease the fee 


sradovich on DSK3GMQ082PROD with NOTICES