[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10093-10095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03955]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts from Canada: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
ACTION: Notice.
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SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on citric acid and
certain citrate salts (citric acid) from Canada. The period of review
(POR) is May 1, 2012, through April 30, 2013. The review covers one
producer and exporter of the subject merchandise, Jungbunzlauer Canada
Inc. (JBL Canada). We preliminarily determined that sales of subject
merchandise have been made at prices below normal value (NV) by JBL
Canada. We invite interested parties to comment on these preliminary
results.
DATES: Effective February 24, 2014.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Katherine 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:
[[Page 10094]]
Postponement of Preliminary Results
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.\1\ 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 preliminary results of this
review is now February 18, 2014.
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\1\ 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).
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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 ``Decision
Memorandum for Preliminary Results of Antidumping Duty Administrative
Review: Citric Acid and Certain Citrate Salts from Canada''
(Preliminary Decision Memorandum), remains dispositive.
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\2\ 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) (Citric Acid Orders).
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Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, which is hereby adopted by this
notice. The Preliminary Decision Memorandum 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, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
dumping margin of 0.60 percent exists for JBL Canada for the period May
1, 2012, through April 30, 2013.
Disclosure and Public Comment
The Department will disclose to parties the calculations performed
in connection with these preliminary results within five days of the
date of publication of this notice.\3\ Interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice.\4\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\5\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\6\ Case and rebuttal briefs should be filed using
IA ACCESS.\7\
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\3\ See 19 CFR 351.224(b).
\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ See 19 CFR 351.303.
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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 Enforcement and Compliance, filed electronically via IA
ACCESS.\8\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after
the date of publication of this notice.\9\ Requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. The Department will issue the final results of this
administrative review, including the results of its analysis of issues
raised in any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
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\8\ See 19 CFR 351.310(c).
\9\ See id.; 19 CFR 351.303.
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Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries, in accordance with 19
CFR 351.212(b)(1). We intend to issue instructions to CBP 41 days after
the date of publication of the final results of this review.
We will calculate importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of antidumping duties
calculated for the examined sales to the total entered value of the
examined sales to that importer. 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., .50 percent). 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.\10\
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\10\ See 19 CFR 351.106(d)(2).
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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.\11\ Therefore, if we continue to calculate an
antidumping duty margin for JBL Canada in the final results which is
above de minimis, we will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review as discussed above.
Conversely, if we calculate a de minimis margin for JBL Canada in the
final results of this review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\11\ See section 751(a)(2)(C) of the Act.
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by JBL Canada for which it did not
know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of
[[Page 10095]]
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following 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 the rate established in the final results of this review, except if
the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (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 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 established in the original
investigation.\12\ These requirements, when imposed, shall remain in
effect until further notice.
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\12\ See Citric Acid Orders, 74 FR 25703.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Duty Absorption
4. Fair-Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Constructed Export Price
7. Normal Value
A. Home Market Viability and Selection of Comparison Market
B. Level of Trade
C. Calculation of NormalValue Based on Comparison-Market Prices
8. Currency Conversion
[FR Doc. 2014-03955 Filed 2-21-14; 8:45 am]
BILLING CODE 3510-DS-P