51216 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 

1See Citric Acid and Certain Citrate Salts from 

Thailand: Initiation of Countervailing Duty 

Investigation, 82 FR 29836 (June 30, 2017) 

(Initiation Notice) and accompanying Initiation 

Checklist. 

2See Notice of Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 82 FR 38670 (August 15, 2017) 

(Preliminary Postponement Notice). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Negative Countervailing Duty 

Determination, Preliminary Negative Critical 

Circumstances Determination and Alignment of 

Final Determination with Final Antidumping Duty 

Determination of Citric Acid and Certain Citrate 

Salts from Thailand,’’ 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. 

inches to 1.375 inches. The size of the wire 

used in the production of carton-closing 

staples varies from 0.029 to 0.064 inch 

(nominal thickness) by 0.064 to 0.100 inch 

(nominal width). 

Carton-closing staples subject to this 

investigation are currently classifiable under 

subheadings 8305.20.00.00 and 

7317.00.65.60 of the Harmonized Tariff 

Schedule of the United States (‘‘HTSUS’’). 

While the HTSUS subheadings and ASTM 

specification are provided for convenience 

and for customs purposes, the written 

description of the subject merchandise is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Selection of Respondents 

VII. Discussion of the Methodology 

A. Non-Market Economy Country 

B. Surrogate Country and Surrogate Values 

Comments 

C. Separate Rates 

D. Combination Rates 

E. Affiliation and Single Entity 

F. The PRC-Wide Entity 

G. Application of Facts Available and 

Adverse Inferences 

H. Date of Sale 

I. Fair Value Comparisons 

J. Export Price 

K. Value-Added Tax (VAT) 

L. Normal Value 

M. Factor Valuation Methodology 

VIII. Currency Conversion 

IX. Verification 

X. Conclusion 

[FR Doc. 2017–23974 Filed 11–2–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–549–834] 

Citric Acid and Certain Citrate Salts 

From Thailand: Preliminary Negative 

Countervailing Duty Determination, 

Preliminary Negative Critical 

Circumstances Determination and 

Alignment of Final Determination With 

Final Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that countervailable 

subsidies are not being provided to 

producers and exporters of citric acid 

and certain citrate salts from Thailand. 

The period of investigation is January 1, 

2016, through December 31, 2016. 

DATES: Applicable November 3, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

Conniff or Jolanta Lawska, AD/CVD 

Operations, Office III, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone 

202–482–1009 or 202–482–8362, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on June 30, 2017.1 On August 15, 2017, 

the Department postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now October 30, 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 

discussed in the Preliminary Decision 

Memorandum is included as an 

Appendix 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 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. 

Scope Comments 

In accordance with the preamble to 

the Department’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 this 

investigation as it appeared in the 

Initiation Notice. 

The Department intends to issue its 

preliminary decision regarding 


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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51217 

6See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

7The petitioners in this investigation are Archer 

Daniels Midland Company, Cargill, Incorporated, 

and Tate & Lyle Ingredients Americas LLC 

(collectively, the petitioners). See Letter from the 

petitioners, ‘‘Countervailing Duty Investigation of 

Citric Acid and Certain Citrate Salts from Thailand: 

Request for Alignment,’’ dated October 11, 2017. 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

comments concerning the scope of the 

antidumping duty (AD) and 

countervailing duty (CVD) 

investigations in the preliminary 

determination of the companion AD 

investigations. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, the 

Department preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.6

Preliminary Negative Determination of 

Critical Circumstances 

The Department preliminary 

determines that critical circumstances 

do not exist. For a full description of the 

methodology and results of the 

Department’s analysis, see the 

Preliminary Decision Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), the Department is 

aligning the final CVD determination in 

this investigation with the final 

determination in the companion AD 

investigation of citric acid and certain 

citrate salts based on a request made by 

the petitioners.7 Consequently, the final 

CVD determination will be issued on 

the same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

March 14, 2018, unless postponed. 

Preliminary Determination 

For this preliminary determination, 

the Department calculated de minimis 

estimated countervailable subsidies for 

all individually examined producers/ 

exporters of the subject merchandise. 

Consistent with section 703(b)(4)(A) of 

the Act, the Department has disregarded 

the de minimis rates. The Department 

preliminarily determines that the 

following estimated countervailable 

subsidy rates exist: 

Company 

2016 

Ad Valorem 

rate 

(% de minimis) 

COFCO Biochemical (Thailand) Co., Ltd. (COFCO) ... 0.18 

Niran (Thailand) Co., Ltd. 

(Niran) ............................... 0.11 

Sunshine Biotech International Co., Ltd. (Sunshine) ................................ 0.21 

Consistent with section 703(d) of the 

Act, the Department has not calculated 

an estimated weighted-average subsidy 

rate for all other producers/exporters 

because it has not made an affirmative 

preliminary determination. 

Suspension of Liquidation 

Because the Department preliminarily 

determines that no countervailable 

subsidies are being provided to the 

production or exportation of subject 

merchandise, the Department will not 

direct U.S. Customs and Border 

Protection to suspend liquidation of any 

such entries. 

Disclosure 

The Department intends to disclose 

its calculations and analysis performed 

to interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

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

Act, the Department 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.8

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, the 

Department 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. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, we will notify the International 

Trade Commission (ITC) of our 

determination. If the final determination 

is affirmative, the ITC will make its final 

determination within 75 days after the 

Department’s final determination. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: October 30, 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. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Preliminary Negative Determination of 

Critical Circumstances 

VI. New Subsidy Allegation 

VII. Alignment 

VIII. Injury Test 

IX. Subsidies Valuation 

X. Analysis of Programs 

XI. ITC Notification 

XII. Disclosure and Public Comment 

XIII. Verification 

XIV. Recommendation 

[FR Doc. 2017–23973 Filed 11–2–17; 8:45 am] 

BILLING CODE 3510–DS–P 


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