[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25703-25705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12645]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-853, A-570-937]


Citric Acid and Certain Citrate Salts from Canada and the 
People's Republic of China: Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty orders on citric acid 
and certain citrate salts (citric acid) from Canada and the People's 
Republic of China (PRC). On May 22, 2009, the ITC notified the 
Department of its affirmative determinations of material injury to a 
U.S. industry. See Citric Acid from Canada and China (Investigation 
Nos. 701-TA-456 and 731-TA-1151-1152 (Final), USITC Publication 4076, 
May 2009).

DATES: Effective Date: May 29, 2009.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova (Canada) or 
Andrea Berton (PRC), AD/CVD Operations, Offices 2 and 8, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-1280 or (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 13, 2009, the Department published its affirmative final 
determinations of sales at less-than-fair-value in the antidumping duty 
investigations of citric acid from Canada and the PRC. See Notice of 
Final Determination of Sales at Less Than Fair Value: Citric Acid and 
Certain Citrate Salts from Canada, 74 FR 16843 (April 13, 2009); and 
Citric Acid and Certain Citrate Salts from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 74 FR 
16838 (April 13, 2009).
    On May 22, 2009, the ITC notified the Department of its final 
determinations pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured by reason of less-than-fair-value imports of citric acid from 
Canada and the PRC. See section 735(b)(1)(A)(i) of the Act.

Scope of the Orders

    The scope of these orders 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 of these orders 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 of these orders 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. The scope of these orders 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. 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.

Provisional Measures

    Section 773(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not

[[Page 25704]]

remain in effect for more than four months except where exporters 
representing a significant proportion of exports of the subject 
merchandise request the Department to extend that four-month period to 
no more than six months. At the request of the exporters that accounted 
for a significant proportion of exports of the subject merchandise in 
the investigations of citric acid from Canada and the PRC, we extended 
the four-month period to no more than six months. See Citric Acid and 
Certain Citrate Salts from Canada: Notice of Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 73 FR 70324 (November 20, 2008) (Citric Acid from Canada 
Prelim); and Citric Acid and Certain Citrate Salts from the People's 
Republic of China: Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 73 FR 70328 (November 
20, 2008) (Citric Acid from the PRC Prelim).
    In these investigations, the six-month period beginning on the date 
of the publication of the preliminary determinations (i.e., November 
20, 2008) ended on May 19, 2009. Furthermore, section 737 of the Act 
states that definitive duties are to begin on the date of publication 
of the ITC's final injury determination. Therefore, in accordance with 
section 733(d) of the Act, we will instruct CBP to terminate the 
suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of citric acid from Canada and 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after May 19, 2009, and before the date of publication of the ITC's 
final injury determination in the Federal Register. Suspension of 
liquidation will resume on or after the date of publication of the 
ITC's final injury determination in the Federal Register.

Antidumping Duty Orders

    On May 22, 2009, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determinations that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value 
imports of citric acid from Canada and the PRC.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price or constructed export price of the merchandise for all relevant 
entries of citric acid from Canada and the PRC. These antidumping 
duties will be assessed on all unliquidated entries of citric acid 
entered from Canada and the PRC, or withdrawn from warehouse, for 
consumption on or after November 20, 2008, the date on which the 
Department published its notices of preliminary determination in the 
Federal Register, but prior to May 19, 2009. See Citric Acid from 
Canada Prelim, 73 FR at 70324; and Citric Acid from the PRC Prelim, 73 
FR at 70328.
    On or after the date of publication of the ITC's notice of final 
determinations in the Federal Register, CBP will require, pursuant to 
section 736(a)(3) of the Act, will require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the estimated dumping margins as noted below:

 
------------------------------------------------------------------------
             Exporter                      Producer             Margin
------------------------------------------------------------------------
                                 Canada
------------------------------------------------------------------------
JBL Canada Inc...................  JBL Canada Inc..........        23.21
------------------------------------------------------------------------
All Others.......................  ........................        23.21
------------------------------------------------------------------------
                                   PRC
------------------------------------------------------------------------
TTCA Co., Ltd. (a.k.a. Shandong    TTCA Co., Ltd. (a.k.a.         129.08
 TTCA Biochemistry Co., Ltd.).      Shandong TTCA
                                    Biochemistry Co., Ltd.).
Yixing Union Biochemical Co.,      Yixing Union Biochemical        94.61
 Ltd..                              Co., Ltd..
Anhui BBCA Biochemical Co., Ltd..  Anhui BBCA Biochemical         111.85
                                    Co., Ltd..
Anhui BBCA Biochemical Co., Ltd..  China BBCA Maanshan            111.85
                                    Biochemical Corp..
A.H.A. International Co., Ltd....  Yixing Union Biochemical       111.85
                                    Co., Ltd..
A.H.A. International Co., Ltd....  Nantong Feiyu Fine             111.85
                                    Chemical Co., Ltd..
High Hope International Group      Yixing Union Biochemical       111.85
 Jiangsu Native Produce IMP & EXP   Co., Ltd..
 Co., Ltd..
Huangshi Xinghua Biochemical Co.,  Huangshi Xinghua               111.85
 Ltd..                              Biochemical Co., Ltd..
Lianyungang JF International       TTCA Co., Ltd. (a.k.a.         111.85
 Trade Co., Ltd..                   Shandong TTCA
                                    Biochemistry Co., Ltd.).
Laiwu Taihe Biochemistry Co.,      Laiwu Taihe Biochemistry       111.85
 Ltd..                              Co., Ltd..
Lianyungang Shuren Scientific      Lianyungang Great              111.85
 Creation Import & Export Co.,      Chemical Industry Co.,
 Ltd..                              Ltd..
Penglai Marine Bio-Tech Co. Ltd..  Penglai Marine Bio-Tech        111.85
                                    Co. Ltd..
RZBC Imp & Exp. Co., Ltd./RZBC     RZBC Co., Ltd...........       111.85
 Co., Ltd./RZBC (Juxian) Co.,
 Ltd..
RZBC Imp & Exp. Co., Ltd./RZBC     RZBC (Juxian) Co., Ltd..       111.85
 Co., Ltd./RZBC (Juxian) Co.,
 Ltd..
RZBC Imp & Exp. Co., Ltd./RZBC     Lianyungang Great              111.85
 Co., Ltd./RZBC (Juxian) Co.,       Chemical Industry Co.,
 Ltd..                              Ltd..
Shihezi City Changyun Biochemical  Shihezi City Changyun          111.85
 Co., Ltd..                         Biochemical Co., Ltd..
Weifang Ensign Industry Co., Ltd.  Weifang Ensign Industry        111.85
                                    Co., Ltd..
PRC-Wide Entity..................  ........................       156.87
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
citric acid from Canada and the PRC, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit,

[[Page 25705]]

Room 1117 of the Main Commerce Building, for copies of an updated list 
of antidumping duty orders currently in effect.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: May 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12645 Filed 5-28-09; 8:45 am]
BILLING CODE 3510-DS-P