[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Notices]
[Pages 37286-37287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15419]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 24, 2014, the Department of Commerce (the
Department) published the preliminary results of the fourth
administrative review of the antidumping duty order on citric acid and
certain citrate salts (citric acid) 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, 2012,
through April 30, 2013.
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\1\ See Citric Acid and Certain Citrate Salts From Canada:
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 10093 (February 24, 2014) (Preliminary Results).
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Based on our analysis of the comments received, we have made
changes to our margin calculations. The final weighted-average dumping
margin for JBL Canada is listed below in the ``Final Results of
Review'' section of this notice.
DATES: Effective Date: July 1, 2014.
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 February 24, 2014, the Department published
in the Federal Register the preliminary results of the instant
administrative review of the antidumping duty order on citric acid from
Canada. We invited parties to comment on the preliminary results of the
review. In March 2014, 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. 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 described in the memorandum
entitled ``Issues and Decision Memorandum for the Final Results of the
2012-2013 Antidumping Duty Administrative Review of Citric Acid and
Certain Citrate Salts from Canada,'' dated concurrently with and hereby
adopted by this notice (Issues and Decision Memorandum), remains
dispositive.
Period of Review
The POR is May 1, 2012, through April 30, 2013.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
raised is attached to this notice as Appendix I. The Issues and
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; the Issues
and Decision Memorandum is available to all parties 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
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and 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 recalculated
JBL Canada's
[[Page 37287]]
weighted-average dumping margin. Our calculations are discussed in
detail in the accompanying final calculation memorandum.\2\
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\2\ See Memorandum to the File entitled, ``Final Results Margin
Calculations for Jungbunzlauer Canada Inc.,'' dated concurrently
with and hereby adopted by this notice.
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Final Results of the Review
We determine that a weighted-average dumping margin of 0.55 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, 2012, through April
30, 2013.
Assessment Rates
Pursuant 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. 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.
As we stated in the Preliminary Results, we calculated 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.\3\ 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.
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\3\ See Preliminary Results, 79 FR at 10094.
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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 and Certain Citrate Salts From Canada and the People's
Republic of China: Antidumping Duty Orders, 74 FR 25703 (May 29, 2009).
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.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues in Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
1. Price Adjustment of a Business Proprietary Nature for Certain
CEP Sales
2. Calculation of CEP Profit
3. Calculation of the U.S. Indirect Selling Expense Ratio
4. Missing Payment Dates
5. Differential Pricing Analysis
[FR Doc. 2014-15419 Filed 6-30-14; 8:45 am]
BILLING CODE 3510-DS-P