[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65182-65184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26074]
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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;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 28, 2014, the Department of Commerce (``the
Department'') published its Preliminary Results of the 2012-2013
administrative review of the antidumping duty order on citric acid and
certain citrate salts from the People's Republic of China (PRC).\1\ The
period of review (``POR'') for the administrative review is May 1,
2012, through April 30, 2013. This POR covers two producers/exporters
of subject merchandise: (1) Yixing-Union Biochemical Co., Ltd.
(``Yixing''); and (2) Laiwu Taihe Biochemistry Co., Ltd. (``Taihe'').
We invited interested parties to comment on our Preliminary Results.
Based on our analysis of the comments received, we made certain changes
to our margin calculations for Taihe. The final dumping margins for
this review are listed in the ``Final Results'' section below.
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\1\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 23322 (April 28, 2014)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
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DATES: Effective Date: November 3, 2014.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4037 or (202)
482-5831, respectively.
Background
On April 28, 2014, the Department published its Preliminary
Results. On May 28, 2014, Petitioners requested a hearing.\2\
Additionally, on May 28, 2014, Yixing requested an opportunity to
participate should a hearing be requested by Petitioners.\3\ Based on
these hearing requests, on September 3, 2014, the Department held a
closed hearing limited to issues raised in case briefs and rebuttal
briefs. We received case briefs from Yixing, Taihe, and, Archer Daniels
Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients
Americas, Inc. (collectively, ``Petitioners'') on June 4, 2014.\4\
Additionally, on June 12, 2014, we received rebuttal case briefs from
Yixing, Taihe, and Petitioners.\5\ Taihe resubmitted its rebuttal case
brief after redacting certain untimely arguments on June 21, 2014.\6\
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\2\ See Letter from Petitioners to the Department regarding,
``Citric Acid and Citrate Salts From the People's Republic of China:
Petitioners' Hearing Request and Request for a Closed Session,''
dated May 28, 2014.
\3\ See Letter from Yixing to the Department regarding,
``Hearing Request of Yixing-Union Biochemical Co., Ltd.: Citric Acid
and Certain Citrate Salts From the People's Republic of China,''
dated May 28, 2014.
\4\ See Letter from Yixing to the Department regarding, ``Citric
Acid and Certain Citrate Salts From the People's Republic of China
(A-570-937)- Case Brief of Yixing-Union Biochemical Co., Ltd.,''
dated June 4, 2014; see also Letter from Taihe to the Department
regarding, ``Citric Acid and Citrate Salts From the People's
Republic of
China: Case Brief,'' dated June 4, 2014; see also Letter from
Petitioners to the Department regarding, ``Citric Acid and Certain
Citrate Salts From The People's Republic Of China/Petitioners' Case
Brief,'' dated June 4, 2014.
\5\ See Letter from Yixing to the Department regarding, ``Citric
Acid and Certain Citrate Salts From the People's Republic of China
(A-570-937)- Rebuttal Brief of Yixing-Union Biochemical Co., Ltd.,''
dated June 12, 2014; see also Letter from Petitioners to the
Department regarding, ``Citric Acid and Certain Citrate Salts From
The People's Republic Of China/Petitioners' Rebuttal Brief,'' dated
June 12, 2014.
\6\ See Letter from Taihe to the Department regarding, ``Citric
Acid and Citrate Salts From the People's Republic of China: Rebuttal
Brief,'' dated July 21, 2014.
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[[Page 65183]]
Scope of the Order
The products covered by the order include 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.\7\ 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 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.\8\
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\7\ See ``Issues and Decision Memorandum for the Final Results
of the 2012-2013 Antidumping Duty Administrative Review: Citric Acid
and Certain Citrate Salts From the People's Republic of China'' from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, issued concurrently with this notice
(``Issues and Decision Memorandum''), for a complete description of
the Scope of the Order.
\8\ 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).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. 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 and in the
Central Records Unit, room 7046 of the main Department of Commerce
building. 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 paper copy and electronic version 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 revised the
margin calculation for Taihe.\9\ We made the following changes to the
margin calculation for Taihe.
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\9\ See Memorandum to the File regarding, ``Fourth
Administrative Review of the Antidumping Duty Order on Citric Acid
and Certain Citrate Salts From the People's Republic of China:
Analysis of the Final Results Margin Calculation for Laiwu Taihe
Biochemistry Co., Ltd.,'' dated October 27, 2014; see also
Memorandum to the File regarding, ``Final Results of the Fourth
Administrative Review of Citric Acid and Certain Citrate Salts From
the People's Republic of China: Surrogate Value Memorandum,'' dated
October 27, 2014.
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We changed the surrogate value used to value Taihe's
paperboard packing material.
We recalculated Taihe's by-product offset for corn feed
based on corn consumption.
Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percentage)
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Yixing-Union Biochemical Co., Ltd....................... 6.80
Laiwu Taihe Biochemistry Co., Ltd....................... 3.08
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Assessment Rates
The Department will determine, and U.S. 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- (or customer)-specific assessment rates for merchandise
subject to this review. Where appropriate, we calculated an ad valorem
rate for each importer (or customer) by dividing the total dumping
margins for reviewed sales to that party by the total entered values
associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. Where appropriate, we calculated a per-unit rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise.\10\ 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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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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The Department announced a refinement to its assessment practice in
non-market economy (``NME'') cases.\11\ 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 (i.e., 156.87 percent).\12\ For a full discussion of
this practice, see Assessment in NME Antidumping Proceedings.
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Antidumping Proceedings'').
\12\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China; Final Results of Antidumping Duty Administrative
Review; 2011-2012, 79 FR 101 (January 2, 2014).
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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 the exporters listed above, the cash deposit rate
will be the rate listed for each exporter in the table in the ``Final
Results'' section of this notice; (2) for previously investigated or
reviewed PRC and non-
[[Page 65184]]
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; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled a separate rate,
the cash deposit rate will be the rate of the PRC-wide entity
established in the final determination of the less than fair value
investigation (i.e., 156.87 percent); and (4) 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 intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice 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 that subsequent
assessment of doubled antidumping duties.
Administrative Protective Order (``APO'')
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: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issues
Comment 1: Differential Pricing
Comment 1.A: Consideration of an Alternative Comparison Method
in an Administrative Review
Comment 1.B: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 1.C: Denial of Offsets for Non-Dumped Sales When Using
the Alternative Average-to-Transaction Comparison Methodology
Comment 1.D: Differential Pricing Analysis: Taihe
Comment 1.E: Differential Pricing Analysis: Yixing
Comment 2: Surrogate Value for Packing Material
Comment 3: Surrogate Value for International Freight
Comment 4: Surrogate Value for Brokerage and Handling
Comment 5: Whether the Department Should Deny the Corn Feed By-
Product Offset Claimed by Taihe
Comment 6: Whether the Department Should Apply Adverse Facts
Available to Yixing
Comment 7: Whether to Grant Yixing a By-Product Offset
Recommendation
[FR Doc. 2014-26074 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P