[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65182-65184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-937]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2012-2013

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

SUMMARY: On April 28, 2014, the Department of Commerce (``the 
Department'') published its Preliminary Results of the 2012-2013 
administrative review of the antidumping duty order on citric acid and 
certain citrate salts from the People's Republic of China (PRC).\1\ The 
period of review (``POR'') for the administrative review is May 1, 
2012, through April 30, 2013. This POR covers two producers/exporters 
of subject merchandise: (1) Yixing-Union Biochemical Co., Ltd. 
(``Yixing''); and (2) Laiwu Taihe Biochemistry Co., Ltd. (``Taihe''). 
We invited interested parties to comment on our Preliminary Results. 
Based on our analysis of the comments received, we made certain changes 
to our margin calculations for Taihe. The final dumping margins for 
this review are listed in the ``Final Results'' section below.
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    \1\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 23322 (April 28, 2014) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.

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DATES: Effective Date: November 3, 2014.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Maisha Cryor, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4037 or (202) 
482-5831, respectively.

Background

    On April 28, 2014, the Department published its Preliminary 
Results. On May 28, 2014, Petitioners requested a hearing.\2\ 
Additionally, on May 28, 2014, Yixing requested an opportunity to 
participate should a hearing be requested by Petitioners.\3\ Based on 
these hearing requests, on September 3, 2014, the Department held a 
closed hearing limited to issues raised in case briefs and rebuttal 
briefs. We received case briefs from Yixing, Taihe, and, Archer Daniels 
Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients 
Americas, Inc. (collectively, ``Petitioners'') on June 4, 2014.\4\ 
Additionally, on June 12, 2014, we received rebuttal case briefs from 
Yixing, Taihe, and Petitioners.\5\ Taihe resubmitted its rebuttal case 
brief after redacting certain untimely arguments on June 21, 2014.\6\
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    \2\ See Letter from Petitioners to the Department regarding, 
``Citric Acid and Citrate Salts From the People's Republic of China: 
Petitioners' Hearing Request and Request for a Closed Session,'' 
dated May 28, 2014.
    \3\ See Letter from Yixing to the Department regarding, 
``Hearing Request of Yixing-Union Biochemical Co., Ltd.: Citric Acid 
and Certain Citrate Salts From the People's Republic of China,'' 
dated May 28, 2014.
    \4\ See Letter from Yixing to the Department regarding, ``Citric 
Acid and Certain Citrate Salts From the People's Republic of China 
(A-570-937)- Case Brief of Yixing-Union Biochemical Co., Ltd.,'' 
dated June 4, 2014; see also Letter from Taihe to the Department 
regarding, ``Citric Acid and Citrate Salts From the People's 
Republic of
    China: Case Brief,'' dated June 4, 2014; see also Letter from 
Petitioners to the Department regarding, ``Citric Acid and Certain 
Citrate Salts From The People's Republic Of China/Petitioners' Case 
Brief,'' dated June 4, 2014.
    \5\ See Letter from Yixing to the Department regarding, ``Citric 
Acid and Certain Citrate Salts From the People's Republic of China 
(A-570-937)- Rebuttal Brief of Yixing-Union Biochemical Co., Ltd.,'' 
dated June 12, 2014; see also Letter from Petitioners to the 
Department regarding, ``Citric Acid and Certain Citrate Salts From 
The People's Republic Of China/Petitioners' Rebuttal Brief,'' dated 
June 12, 2014.
    \6\ See Letter from Taihe to the Department regarding, ``Citric 
Acid and Citrate Salts From the People's Republic of China: Rebuttal 
Brief,'' dated July 21, 2014.

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[[Page 65183]]

Scope of the Order

    The products covered by the order include 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.\7\ 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. 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 3824.90.9290 of the HTSUS, respectively. Blends that 
include citric acid, sodium citrate, and potassium citrate are 
classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.\8\
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    \7\ See ``Issues and Decision Memorandum for the Final Results 
of the 2012-2013 Antidumping Duty Administrative Review: Citric Acid 
and Certain Citrate Salts From the People's Republic of China'' from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, issued concurrently with this notice 
(``Issues and Decision Memorandum''), for a complete description of 
the Scope of the Order.
    \8\ See Citric Acid and Certain Citrate Salts From Canada and 
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703 
(May 29, 2009).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we revised the 
margin calculation for Taihe.\9\ We made the following changes to the 
margin calculation for Taihe.
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    \9\ See Memorandum to the File regarding, ``Fourth 
Administrative Review of the Antidumping Duty Order on Citric Acid 
and Certain Citrate Salts From the People's Republic of China: 
Analysis of the Final Results Margin Calculation for Laiwu Taihe 
Biochemistry Co., Ltd.,'' dated October 27, 2014; see also 
Memorandum to the File regarding, ``Final Results of the Fourth 
Administrative Review of Citric Acid and Certain Citrate Salts From 
the People's Republic of China: Surrogate Value Memorandum,'' dated 
October 27, 2014.
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    <bullet> We changed the surrogate value used to value Taihe's 
paperboard packing material.
    <bullet> We recalculated Taihe's by-product offset for corn feed 
based on corn consumption.

Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                           (percentage)
------------------------------------------------------------------------
Yixing-Union Biochemical Co., Ltd.......................            6.80
Laiwu Taihe Biochemistry Co., Ltd.......................            3.08
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Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department will calculate 
importer- (or customer)-specific assessment rates for merchandise 
subject to this review. Where appropriate, we calculated an ad valorem 
rate for each importer (or customer) by dividing the total dumping 
margins for reviewed sales to that party by the total entered values 
associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting ad 
valorem rate against the entered customs values for the subject 
merchandise. Where appropriate, we calculated a per-unit rate for each 
importer (or customer) by dividing the total dumping margins for 
reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise.\10\ We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review when the importer-specific assessment rate is above de 
minimis. 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.
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    \10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases.\11\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the NME-wide rate (i.e., 156.87 percent).\12\ For a full discussion of 
this practice, see Assessment in NME Antidumping Proceedings.
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
in NME Antidumping Proceedings'').
    \12\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 101 (January 2, 2014).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(the Act): (1) For the exporters listed above, the cash deposit rate 
will be the rate listed for each exporter in the table in the ``Final 
Results'' section of this notice; (2) for previously investigated or 
reviewed PRC and non-

[[Page 65184]]

PRC exporters that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled a separate rate, 
the cash deposit rate will be the rate of the PRC-wide entity 
established in the final determination of the less than fair value 
investigation (i.e., 156.87 percent); and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed regarding these 
final results within five days of the date of publication of this 
notice in this proceeding in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and that subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order (``APO'')

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. Timely written notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Issues
    Comment 1: Differential Pricing
    Comment 1.A: Consideration of an Alternative Comparison Method 
in an Administrative Review
    Comment 1.B: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-Than-Fair-Value Investigations
    Comment 1.C: Denial of Offsets for Non-Dumped Sales When Using 
the Alternative Average-to-Transaction Comparison Methodology
    Comment 1.D: Differential Pricing Analysis: Taihe
    Comment 1.E: Differential Pricing Analysis: Yixing
    Comment 2: Surrogate Value for Packing Material
    Comment 3: Surrogate Value for International Freight
    Comment 4: Surrogate Value for Brokerage and Handling
    Comment 5: Whether the Department Should Deny the Corn Feed By-
Product Offset Claimed by Taihe
    Comment 6: Whether the Department Should Apply Adverse Facts 
Available to Yixing
    Comment 7: Whether to Grant Yixing a By-Product Offset 
Recommendation

[FR Doc. 2014-26074 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P