[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56188-56189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22474]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-938]
Citric Acid and Certain Citrate Salts from the People's Republic
of China: Notice of Rescission of Countervailing Duty Administrative
Review, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 12, 2012.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, Room 4014, 14th Street and Constitution
Ave. NW., Washington, DC 20230, telephone: (202) 482-4793
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2012, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the countervailing duty (CVD) order on citric acid and certain
citrate salts from the People's Republic of China.\1\ On
[[Page 56189]]
May 31, 2012, we received a request from Archer Daniels Midland
Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas
LLC, domestic producers of the subject merchandise and petitioners in
the investigation (collectively, the Petitioners), to conduct an
administrative review of Yixing-Union Biochemical Co., Ltd. (Yixing-
Union).\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 25679 (May 1, 2012).
\2\ Petitioners also requested a review of RZBC Co., Ltd., RZBC
Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively,
the RZBC Companies). See Letter from petitioners to the Department
regarding ``Request for Administrative Review,'' dated May 31, 2012.
This public document and all other public documents and public
versions generated in the course of this review by the Department
and interested parties are on file electronically via Import
Administration'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 (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of this notice can be
accessed directly on the Internet at http://www.trade.gov/ia/.
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On July 10, 2012, the Department published the notice of initiation
of the administrative review for the review period January 1, 2011,
through December 31, 2011 (POR), which covered Yixing-Union and the
RZBC Companies.\3\ On July 13, 2012, Yixing-Union submitted a letter
certifying that it had no sales, shipments, or exports of subject
merchandise to the United States during the POR. On August 8, 2012, the
Department published a notice of intent to rescind Yixing-Union's
administrative review and invited interested parties to comment.\4\ We
received no comments, and have determined that the review of Yixing-
Union should be rescinded.
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
40565, 40573 (July 10, 2012).
\4\ See Citric Acid and Certain Citrate Salts from the People's
Republic of China: Intent to Rescind Countervailing Duty
Administrative Review, in Part, 77 FR 47370 (August 8, 2012).
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Scope of the Order
The scope of the 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 the 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 the
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
the 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 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.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an
administrative review, with respect to a particular exporter or
producer, if the Secretary concludes that, during the period covered by
the review, there were no entries, exports, or sales of the subject
merchandise to the United States by that producer. Yixing-Union
submitted a letter on July 13, 2012, certifying that it did not have
sales, shipments, or exports of subject merchandise to the United
States during the POR. We received no comments from any interested
party on Yixing-Union's no-shipment claim.
We conducted an internal customs data query for the POR and issued
a ``no shipments inquiry'' message to U.S. Customs and Border
Protection (CBP), which posted the message on July 17, 2012.\5\ The
results of the customs data query indicated that there were no entries
of subject merchandise to the United States by Yixing-Union during the
POR. We did not receive any information from CBP contrary to Yixing-
Union's claim of no sales, shipments, or exports of subject merchandise
to the United States during the POR.
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\5\ See Memorandum to the File from Kristen Johnson, Trade
Analyst, AD/CVD Operations, Office 3, regarding ``Release of Results
of Query Performed on Customs and Border Protection Trade Data
Base,'' (July 10, 2012) and
Customs message number 2199302, available at http://addcvd.cbp.gov or IA ACCESS.
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Based on our analysis of the shipment data, we determine that
Yixing-Union had no entries of subject merchandise to the United States
during the POR. Therefore, in accordance with 19 CFR 351.213(d)(3), and
consistent with our practice,\6\ we determine to rescind the review for
Yixing-Union. We will continue this administrative review with respect
to the RZBC Companies.
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\6\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from
Turkey: Notice of Rescission of Countervailing Duty Administrative
Review, in Part, 74 FR 47921 (September 18, 2009).
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We are issuing this notice in accordance with sections 751(a)(1)
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4) of the Department's regulations.
Dated: August 31, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-22474 Filed 9-11-12; 8:45 am]
BILLING CODE 3510-DS-P