[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 101-103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31410]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-937]
Citric Acid and Certain Citrate Salts From the People's Republic
of China; Final Results of Antidumping Duty Administrative Review;
2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
Preliminary Results of the administrative review of the antidumping
duty order on citric acid and certain citrate salts from the People's
Republic of China (``PRC'') on June 10, 2013.\1\ The period of review
(``POR'') is May 1, 2011, through April 30, 2012. We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments received, we have made no changes to
the margin calculations for these final results. We continue to find
that the respondent, RZBC Imp. & Exp. Co., Ltd. (``RZBC I&E'') \2\ has
not sold subject merchandise at less than normal value (``NV''), and
that Yixing Union Biochemical Ltd. (``Yixing Union'') had no shipments
of subject merchandise during the POR. The final dumping margins are
listed below in the ``Final Results of the Review'' section of this
notice.
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\1\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review; 2011-2012, 78 FR 34642 (June 10, 2013)
(``Preliminary Results'').
\2\ The Department initiated the third administrative review on
RZBC Co., Ltd. (``RZBC Co.''), RZBC I&E, and RZBC (Juxian) Co., Ltd.
(collectively ``RZBC''). Only RZBC I&E exported subject merchandise
to the United States during the POR.
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DATES: Effective Date: January 2, 2014.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5831 or (202) 482-4037, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2013, the Department published the Preliminary Results
of this administrative review.\3\ The Department conducted a
verification of RZBC between September 9 and September 13, 2013.\4\ The
Department extended the deadline for submission of case briefs until
one week after the verification report release date and the deadline
for rebuttal briefs until five days after the submission of case
briefs.\5\ On July 10, 2013, RZBC and Petitioners submitted hearing
requests to address issues raised in their case and rebuttal case
briefs. Petitioners and RZBC withdrew their hearing requests on
November 18, 2013, and November 21, 2013, respectively. On November 7,
2013, RZBC submitted a case brief.\6\ On November 12, 2013, Petitioners
submitted a rebuttal brief.\7\
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\3\ See id.
\4\ See Memorandum to the File, from Edward Yang, Director,
Office 9, Taija Slaughter, Program Manager, Office of Accounting,
and Krisha Hill, International Trade Compliance Analyst, Office 4,
``Verification Report of the Sales and Factors Responses of RZBC
Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co.,
Ltd. in the Antidumping Duty Administrative Review of Citric Acid
and Certain Citrate Salts from the People's Republic of China''
(October 30, 2013).
\5\ See Memorandum To The File, ``Schedule for submission of
Briefs and Rebuttal Briefs: Citric Acid and Certain Citrate Salts
from the People's Republic of China'' (October 31, 2013).
\6\ See RZBC's ``Citric Acid and Citrate Salt from the People's
Republic of China: RZBC Case Brief,'' (November 7, 2013).
\7\ See Petitioners' ``Citric Acid and Certain Citrate Salts
From the People's Republic of China: Petitioners' Rebuttal Brief,''
(November 12, 2013).
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On August 6, 2013, the Department extended the deadline in this
proceeding by 60 days.\8\ 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, 2013, through October
16, 2013.\9\ Therefore, all deadlines in this segment of the proceeding
were extended by 16 days. Further, because the new deadline in the
instant review falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business
day.\10\ Therefore, the revised deadline for the final results of this
review is December 26, 2013.
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\8\ See Memorandum to Christian Marsh, ``Citric Acid and Certain
Citrate Salts from the People's Republic of China: Extension of
Deadline for Final Results of Antidumping Duty Administrative
Review'' (August 6, 2013).
\9\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for the Enforcement and Compliance, ``Deadlines Affected
by the Shutdown of the Federal Government'' (October 18, 2013).
\10\ See e.g., Certain Cut-to-Length Carbon Steel Plate From the
People's Republic of China: Final Results and Final No Shipments
Determination of Antidumping Duty Administrative Review; 2011-2012,
78 FR 76279 (December 17, 2013).
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Scope of the Order
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.\11\ 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
[[Page 102]]
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.
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\11\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and Compliance ``Citric
Acid and Certain Citrate Salts from the People's Republic of China:
Issues and Decision Memorandum for the Final Results of the 2011-
2012 Antidumping Duty Administrative Review'', issued concurrently
with this notice (``Issues and Decision Memorandum'') for a complete
description of the scope of the Order.
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Final Determination of No Shipments
For these final results of review, we continue to find that Yixing
Union had no shipments during the POR.\12\
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\12\ See Preliminary Results, 78 FR at 34642.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this Federal Register notice. A list of the issues which
parties raised is attached to this notice as Appendix I. The Issues and
Decision Memorandum is a public document and is on file in the Central
Records Unit (``CRU''), Room 7046 of the main Department of Commerce
building, as well as 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 CRU. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/. The signed Issues
and Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum 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
revisions to the margin calculations for RZBC I&E.
Separate Rates
In our Preliminary Results, we determined that RZBC I&E met the
criteria for separate rate status.\13\ We have not received any
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of this determination. Therefore, the
Department continues to find that RZBC I&E meets the criteria for
separate rate status.
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\13\ See Preliminary Results, 78 FR at 34642, and accompanying
Issues and Decision Memorandum at 4-6.
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Final Results of the Review
The dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
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RZBC Imp. & Exp. Co., Ltd.............................. 0.00
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Assessment Rates
The Department will determine, and Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of these final
results of this review. In accordance with 19 CFR 351.212(b)(1), we are
calculating importer- (or customer-) specific assessment rates for the
merchandise subject to this review. For any individually examined
respondent whose weighted-average dumping margin is above de minimis
(i.e., 0.50 percent), the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of sales.\14\ We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate is above de minimis. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\14\ See 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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The Department recently announced a refinement to its assessment
practice in Non-Market Economy (``NME'') cases. Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate. For a
full discussion of this practice, see Assessment in NME Antidumping
Proceedings.\15\
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Antidumping Proceedings'').
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(``the Act''): (1) For Yixing Union, which claimed no shipments, the
cash deposit will remain unchanged from the rate assigned to Yixing
Union in the most recently completed review of the company; (2) For
RZBC I&E, because the rate is zero, no cash deposit will be required;
(3) for previously investigated or reviewed PRC and non-PRC exporters
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (4) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity established in the final
determination of the less than fair value investigation (i.e., 156.87
percent); and (5) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporter that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
[[Page 103]]
Administrative Protective Order
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, 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 terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--Issues and Decision Memorandum
General Issues
COMMENT 1: WATER SURROGATE VALUE
COMMENT 2: LIQUIDATION INSTRUCTIONS
COMMENT 3: NEW FACTUAL INFORMATION
COMMENT 4: PUBLIC VERSION
COMMENT 5: CO-PRODUCT VALUATION
COMMENT 6: REVOCATION FOR RZBC
[FR Doc. 2013-31410 Filed 12-31-13; 8:45 am]
BILLING CODE 3510-DS-P