[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64914-64915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25818]
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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; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On June 7, 2013, the Department of Commerce (the Department)
published the preliminary results of the third administrative review of
the antidumping duty order on citric acid and certain citrate salts
from Canada.\1\ The review covers one producer and exporter of the
subject merchandise, Jungbunzlauer Canada Inc. (JBL Canada). The period
of review (POR) is May 1, 2011, through April 30, 2012.
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\1\ See Citric Acid and Certain Citrate Salts from Canada:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 34338 (June 7, 2013) (Preliminary Results).
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Based on our analysis of the comments received, we have made no
changes to our calculations. Therefore, the final results do not differ
from the preliminary results. The final weighted-average dumping margin
for JBL Canada is listed below in the ``Final Results of Review''
section of this notice.
DATES: Effective: October 30, 2013.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/
CVD Operations, Office II, Enforcement and Compliance, 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
The review covers one producer and exporter of the subject
merchandise, JBL Canada. On June 7, 2013, the Department published in
the Federal Register the preliminary results of administrative review
of the antidumping duty order on citric acid and certain citrate salts
from Canada. We invited parties to comment on the preliminary results
of the review. In July 2013, we received case and rebuttal briefs from
Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle
Ingredients Americas LLC (collectively, the petitioners) and JBL
Canada. On July 8, 2013, the petitioners requested that the Department
conduct a hearing in this review. On August 1, 2013, the petitioners
withdrew their hearing request. 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 merchandise covered by this order is citric acid and certain
citrate salts. The product is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) at item numbers
2918.14.0000 and 2918.15.1000, 2918.15.5000 and 3824.90.9290. Although
the HTSUS numbers are provided for convenience and customs purposes,
the full written scope description, as published in the antidumping
duty order \2\ and described in the memorandum entitled ``Issues and
Decision Memorandum for the Final Results of the 2011-2012 Antidumping
Duty Administrative Review of Citric Acid and Certain Citrate Salts
from Canada'' (Issues and Decision Memorandum), remains dispositive.
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\2\ Citric Acid and Certain Citrate Salts from Canada and the
People's Republic of China: Antidumping Duty Orders, 74 FR 25703
(May 29, 2009) (Citric Acid Duty Orders).
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Period of Review
The POR is May 1, 2011, through April 30, 2012.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the memorandum entitled, ``Issues and Decision Memorandum
for the Final Results of the 2011-2012 Antidumping Duty Administrative
Review of Citric Acid and Certain Citrate Salts from Canada'' (Issues
and Decision Memo), which is dated concurrently with, and adopted by,
this notice. A list of the issues which parties raised and to which we
respond in the Issues and Decision Memo is attached to this notice as
Appendix I. The Issues and Decision Memo is a public document and is on
file electronically via Enforcement and Compliance'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 the Issues and
Decision Memo can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memo and the
electronic version of the Issues and Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made no
changes to our calculations. Therefore, the final results do not differ
from the preliminary results.
[[Page 64915]]
Final Results of the Review
We determine that a weighted-average dumping margin of 1.20 percent
exists for entries of subject merchandise that were produced and/or
exported by JBL Canada and that entered, or were withdrawn from
warehouse, for consumption during the period May 1, 2011, through April
30, 2012.
Assessment Rates
Purusant to 19 CFR 351.212(b)(1), the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries in accordance with the final results
of this review.\3\ 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.
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\3\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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As we stated in the Preliminary Results, we determined it is
appropriate to calculate importer-specific per-unit duty assessment
rates.\4\ We calculated importer-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 per-unit duty assessment rates
are de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(1), we calculated customer-specific ad valorem ratios based
on the estimated entered value.
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\4\ See Preliminary Results, 78 FR at 34339.
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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 JBL Canada for which it 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 JBL Canada will
be that established in the final results of this review, (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 previous 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 Duty Orders, 74 FR 25703. These deposit requirements,
when imposed, 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 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
In accordance with 19 CFR 351.305(a)(3), 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, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return or 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.
Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013. See Memorandum for
the Record from Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Deadlines Affected by the Shutdown of the Federal
Government'' (October 18, 2013). Therefore, all deadlines in this
segment of the proceeding have been extended by 16 days. If the new
deadline falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business day.
The revised deadline for the final results of this review is now
October 23, 2013.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
1. Price Adjustment of a Business Proprietary Nature for Certain
Constructed Export Price Sales
2. Allocation of U.S. Indirect Selling Expenses
3. Calculation of Home Market Indirect Selling Expensees
[FR Doc. 2013-25818 Filed 10-29-13; 8:45 am]
BILLING CODE 3510-DS-P