[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34044-34046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14361]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts From Canada: Final Results
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 2, 2011, the Department of Commerce (Department)
published the preliminary results of the first administrative review of
the antidumping duty order on citric acid and certain citrate salts
(citric acid) from Canada. The review covers one manufacturer/exporter
of the subject merchandise to the United States: Jungbunzlauer Canada
Inc. (JBL Canada). The review covers the period November 20, 2008,
through May 19, 2009, and May 29, 2009, through April 30, 2010. The
final weighted-average dumping margin for the manufacturer/exporter is
listed below in the ``Final Results of Review'' section of this notice.
DATES: Effective Date: June 10, 2011.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482-
4007 or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2011, the Department published in the Federal
Register the preliminary results of the 2008-2010 administrative review
of the antidumping duty order on citric acid from Canada. See Citric
Acid and Certain Citrate Salts From Canada: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR 5782 (February 2, 2011)
(Preliminary Results). We invited parties to comment on the preliminary
results of the review. We received case briefs from the petitioners
(i.e., Archer Daniels Midland Co., Cargill, Inc. and Tate & Lyle
Americas LLC) and the respondent, JBL Canada, on March 4, 2011. We
received rebuttal briefs from the petitioners and the respondent on
March 9, 2011.
On March 4, 2011, both parties requested that a public hearing be
held in this proceeding. On March 18, and 21, 2011, the petitioners and
JBL Canada, respectively, withdrew their hearing requests.
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The scope of 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. The scope of this order 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 this order 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 this order 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
[[Page 34045]]
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.
Period of Review
The period of review (POR) is November 20, 2008, through May 19,
2009, and May 29, 2009, through April 30, 2010. In accordance with
section 733(d) of the Act, and subsequent to the imposition of the
antidumping duty order, we instructed U.S. Customs and Border
Protection (CBP) to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, entries of subject
merchandise for the period May 20, 2009, through May 28, 2009.
Accordingly, this administrative review does not include the period May
20, 2009, through May 28, 2009.
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether JBL Canada made comparison market
sales of the foreign like product during the POR at prices below the
costs of production (COP) within the meaning of section 773(b) of the
Act. We performed the cost test for these final results following the
same methodology as in the Preliminary Results. Based on this test, we
did not disregard any of JBL Canada's home market sales of citric acid
because, for all products, we found that less than 20 percent of these
sales were at prices below the COP.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are listed in the Appendix to this notice and
addressed in the Issues and Decision Memorandum (Decision Memo), which
is adopted by this notice. Parties can find a complete discussion of
all issues raised in this review and the corresponding recommendations
in this public memorandum, which is on file in the Central Records
Unit, Room 7046, of the main Department building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes in the margin calculations for JBL Canada. These
changes are discussed in the relevant sections of the Decision Memo.
Final Results of the Review
As a result of our review, we determined that the following
weighted-average margin percentage applies for the period November 20,
2008, through May 19, 2009, and May 29, 2009, through April 30, 2010,
as follows:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
------------------------------------------------------------------------
Jungbunzlauer Canada, Inc.................................. 1.60
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR
351.212(b)(1). Pursuant to 19 CFR 356.8(a), the Department intends to
issue appropriate appraisement instructions for the respondent subject
to this review directly to CBP 41 days after the date of publication of
the final results of this review.
Because the respondent did not report entered value for all sales
to each importer or customer, we calculated importer- or customer-
specific per-unit duty assessment rates by aggregating the total amount
of antidumping duties calculated for the examined sales and dividing
this amount by the total quantity of those sales. To determine whether
the duty assessment rates are de minimis, in accordance with the
requirement set forth in 19 CFR 351.106(c)(1), we calculated importer-
specific ad valorem ratios based on the estimated entered value.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent). 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.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by the company included in these
final results of review for which the reviewed company did not know
that the merchandise it sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate effective during the POR if there is no rate for
the intermediary involved in the transaction. See Assessment Policy
Notice for a full discussion of this clarification.
Cash Deposit Requirements
The following cash 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 company
listed above will be the rate shown above; (2) for previously reviewed
or investigated companies not participating in this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original less-than-fair-value
(LTFV) investigation, but the manufacturer is, the cash deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 23.21 percent, the
all-others rate made effective by the LTFV investigation. 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). These
deposit requirements shall remain in effect until further notice.
Notification to Importers
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
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entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: June 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memo
1. Currency Conversions
2. Post-Sale Billing Adjustments
3. Depreciation Expenses
4. Proposed Rules Regarding the Margin Calculation Methodology in
Administrative Reviews
5. Corrections to the Dumping Margin Calculations
[FR Doc. 2011-14361 Filed 6-9-11; 8:45 am]
BILLING CODE 3510-DS-P