[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34648-34649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13706]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-938]
Citric Acid and Certain Citrate Salts: Preliminary Results of
Countervailing Duty Administrative Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on citric
acid and citrate salts from the People's Republic of China for the
period January 1, 2011, through December 31, 2011. These preliminary
results cover RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC
Juxian Co., Ltd., and RZBC Imp. & Exp. Co., Ltd. (collectively, RZBC or
the RZBC Companies). We preliminary determine that the RZBC Companies
received countervailable subsidies during the POR.
DATES: Effective Date: June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Patricia M. Tran, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202) 482-1503.
Scope of the Order
The merchandise subject to the order is citric acid and certain
citrate salts. The product is currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) item numbers 2918.14.0000,
2918.15.1000, 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although
the HTSUS numbers are provided for convenience and customs purposes,
the written product description, available in Citric Acid and Certain
Citrate Salts from the People's Republic of China: Notice of
Countervailing Duty Order, 74 FR 25705 (May 29, 2009), remains
dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for the Preliminary Results of the Countervailing Duty Administrative
Review: Citric Acid and Certain Citrate Salts; 2011'' (Preliminary
Decision Memorandum), dated concurrently with this notice, and hereby
adopted by this notice.
The Preliminary Decision Memorandum is a public document and is 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, Room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at http://
www.trade.gov/
[[Page 34649]]
ia/. The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific. See 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.
In making these findings, we have relied, in part, on facts
available and, because the Government of the PRC did not act to the
best of its ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available. See sections 776(a) and (b) of the Act.
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Determination Memorandum.
For a full description of the methodology underlying the
Department's conclusions, see Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine a net
countervailable subsidy rate of 13.67 percent ad valorem for the RZBC
Companies, for the period January 1, 2011, through December 31, 2011.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\1\ Due to
the anticipated timing of the release of post-preliminary analysis
memoranda, interested parties may submit written comments (case briefs)
for this administrative review no later than one week after the
issuance of the last post-preliminary analysis memorandum, and rebuttal
comments (rebuttal briefs) within five days after the time limit for
filing case briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs. Parties who
submit arguments are requested to submit with the argument: (1)
Statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce within
30 days after the date of publication of this notice.\3\ Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing, which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined.\4\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by parties in their comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Instructions
The Department also intends to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown above.
For all non-reviewed firms, we will instruct CBP to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Otherwise Available and Adverse Inferences
5. Subsidy Valuation Information
6. Benchmark and Discount Rates
7. Analysis of Programs
8. Conclusion
[FR Doc. 2013-13706 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P