80 FR 77318 - Citric Acid and Certain Citrate Salts: Final Results of Countervailing Duty Administrative Review; 2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 239 (December 14, 2015)
International Trade Administration
Federal Register Volume 80, Issue 239 (December 14, 2015)
| Page Range | 77318-77319 | |
| FR Document | 2015-31419 |
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)] [Notices] [Pages 77318-77319] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31419] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-938] Citric Acid and Certain Citrate Salts: Final Results of Countervailing Duty Administrative Review; 2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on citric acid and certain citrate sales from the People's Republic of China (PRC) for the period January 1, 2013, through December 31, 2013. On June 8, 2015, the Department published in the Federal Register the Preliminary Results of this administrative review.\1\ We completed the Post-Preliminary Results in this administrative review on June 26, 2015.\2\ --------------------------------------------------------------------------- \1\ See Citric Acid and Certain Citrate Salts: Preliminary Results of Countervailing Duty Administrative Review; 2013, 80 FR 32346 (June 8, 2015) (Preliminary Results). \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Melissa G. Skinner, Director, Office II, entitled, ``Post-Preliminary Results Decision Memorandum in the 2013 Countervailing Duty Administrative Review; Citric Acid and Certain Citrate Salts from the People's Republic of China,'' dated June 26, 2015 (Post-Preliminary Results). --------------------------------------------------------------------------- We gave interested parties an opportunity to comment on the Preliminary Results and Post-Preliminary Results. Our analysis of the comments received resulted in a change to the net subsidy rate for Laiwu Taihe Biochemistry Co. Ltd. (Taihe). The final net subsidy rate is listed below in the section entitled, ``Final Results of the Review.'' DATES: Effective date: December 14, 2015. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, 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- 3874. SUPPLEMENTARY INFORMATION: Background On June 8, 2015, the Department published in the Federal Register the Preliminary Results of the 2013 administrative review of the CVD order on citric acid and certain citrate salts from the PRC. We completed the Post-Preliminary Results in this administrative review on June 26, 2015. We invited parties to comment on the Preliminary Results and Post-Preliminary Results. On July 22, 2015, we received case briefs from the Government of China (GOC) and Taihe. On July 27, 2015, we received a rebuttal brief from the petitioners.\3\ --------------------------------------------------------------------------- \3\ The petitioners are Archer Daniels Midland Company, Cargill Incorporated, and Tate & Lyle Ingredients America LLC. --------------------------------------------------------------------------- On August 13, 2015, we postponed the final results by 60 days, until December 7, 2015.\4\ --------------------------------------------------------------------------- \4\ See memorandum to Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, from Shannon Morrison, International Trade Compliance Analyst, entitled, ``Citric Acid and Certain Citrate Salts from the People's Republic of China: Extension of Deadline for Final Results of Countervailing Duty Administrative Review,'' dated August 13, 2015. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is citric acid and certain citrate salts. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2918.14.0000, 2918.15.1000, 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, ``Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review: Citric Acid and Certain Citrate Salts; 2013'' (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. Analysis of Comments Received All issues raised in the case briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and [[Page 77319]] is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 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://www.trade.gov/enforcement/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy (i.e., a financial contribution from an ``authority'' that confers a benefit to the recipient, and that the subsidy is specific).\5\ See the Issues and Decision Memorandum for a full description of the methodology underlying our conclusions. --------------------------------------------------------------------------- \5\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- In making our findings, we relied, in part, on the facts otherwise available. Further, because the GOC did not act to the best of its ability to respond to the Department's requests for information, we drew an adverse inference in selecting from among the facts available, pursuant to sections 776(a) and (b) of the Act. See the Issues and Decision Memorandum in the section entitled, ``Use of Facts Otherwise Available and Adverse Inferences,'' for further information. Final Results of the Review In accordance with 19 CFR 351.221(b)(5), we determine a net countervailable subsidy rate of 30.93 percent ad valorem for Taihe. Assessment Rates The Department intends to issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results, to liquidate shipments of subject merchandise by Taihe entered, or withdrawn from warehouse, for consumption on or after January 1, 2013, through December 31, 2013. Cash Deposit Instructions The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above on shipments of subject merchandise by Taihe entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed companies, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or country- wide rate applicable to the company. Accordingly, the cash deposit rates that will be applied to companies covered by this order, but not examined in this review, are those established in the most recently- completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 7, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation Information VI. Benchmarks and Discount Rates VII. Analysis of Programs VIII. Analysis of Comments 1. Whether To Find Input for the Less-Than-Adequate-Remuneration (LTAR) Programs Not Specific A. Sulfuric Acid B. Steam Coal C. Calcium Carbonate D. Caustic Soda 2. Whether the Department Should Apply Adverse Facts Available in its Market Distortion Analysis of the Sulfuric Acid, Calcium Carbonate, and Caustic Soda Industries 3. Whether To Reverse the Department's ``Authorities'' Determination for Certain Input Suppliers 4. Including Ocean Freight and Import Duties in the International Freight Benchmark for Input for LTAR Programs 5. The Selection of Ports in the International Freight Benchmark for Input for LTAR Programs 6. Whether To Use Freight Rates for Flat Rack Containers in the International Freight Benchmark for the Calcium Carbonate for LTAR Program 7. Whether To Include the Costs for Hazardous Shipping Charges in the International Freight Benchmark for the Sulfuric Acid and Caustic Soda for LTAR Programs IX. Recommendation [FR Doc. 2015-31419 Filed 12-11-15; 8:45 am] BILLING CODE 3510-DS-P
![77318 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices
pursuant to his discretionary authority be distributed to the members but may Avenue NW., Washington, DC 20230;
and in accordance with the Federal not be considered at the meeting. telephone (202) 482–3874.
Advisory Committee Act (5 U.S.C. App.) Copies of RE&EEAC meeting minutes SUPPLEMENTARY INFORMATION:
on July 14, 2010. The RE&EEAC was re- will be available within 30 days
chartered on June 12, 2014. The following the meeting. Background
RE&EEAC provides the Secretary of Dated: December 4, 2015. On June 8, 2015, the Department
Commerce with consensus advice from Edward A. O’Malley, published in the Federal Register the
the private sector on the development Preliminary Results of the 2013
Director, Office of Energy and Environmental
and administration of programs and Industries.
administrative review of the CVD order
policies to enhance the international on citric acid and certain citrate salts
[FR Doc. 2015–31365 Filed 12–11–15; 8:45 am]
competitiveness of the U.S. renewable from the PRC. We completed the Post-
BILLING CODE 3510–DR–P
energy and energy efficiency industries. Preliminary Results in this
During the February 2nd meeting of administrative review on June 26, 2015.
the RE&EEAC, committee members will We invited parties to comment on the
DEPARTMENT OF COMMERCE
discuss priority issues identified in Preliminary Results and Post-
advance by the Committee Chair and International Trade Administration Preliminary Results.
Sub-Committee leadership, hear from On July 22, 2015, we received case
Department of Commerce officials and [C–570–938] briefs from the Government of China
interagency partners on major issues (GOC) and Taihe. On July 27, 2015, we
impacting the competitiveness of the Citric Acid and Certain Citrate Salts: received a rebuttal brief from the
U.S. renewable energy and energy Final Results of Countervailing Duty petitioners.3
efficiency industries, and submit Administrative Review; 2013 On August 13, 2015, we postponed
recommendations to the Department of AGENCY: Enforcement and Compliance, the final results by 60 days, until
Commerce intended to address these International Trade Administration, December 7, 2015.4
issues. Department of Commerce. Scope of the Order
A limited amount of time before the SUMMARY: The Department of Commerce
close of the meeting will be available for (the Department) has completed its The merchandise subject to the order
pertinent oral comments from members administrative review of the is citric acid and certain citrate salts.
of the public attending the meeting. To countervailing duty (CVD) order on The product is currently classified
accommodate as many speakers as citric acid and certain citrate sales from under the Harmonized Tariff Schedule
possible, the time for public comments the People’s Republic of China (PRC) for of the United States (HTSUS) item
will be limited to two to five minutes the period January 1, 2013, through numbers 2918.14.0000, 2918.15.1000,
per person (depending on number of December 31, 2013. On June 8, 2015, the 2918.15.5000, 3824.90.9290, and
public participants). Individuals Department published in the Federal 3824.90.9290. Although the HTSUS
wishing to reserve additional speaking Register the Preliminary Results of this numbers are provided for convenience
time during the meeting must contact administrative review.1 We completed and customs purposes, the written
Ms. Gunderson and submit a brief the Post-Preliminary Results in this product description remains dispositive.
statement of the general nature of the administrative review on June 26, A full description of the scope of the
comments, as well as the name and 2015.2 order is contained in the memorandum
address of the proposed participant by We gave interested parties an from Christian Marsh, Deputy Assistant
5:00 p.m. EST on Friday, January 22, opportunity to comment on the Secretary for Antidumping and
2016. If the number of registrants Preliminary Results and Post- Countervailing Duty Operations, to Paul
requesting to make statements is greater Preliminary Results. Our analysis of the Piquado, Assistant Secretary for
than can be reasonably accommodated comments received resulted in a change Enforcement and Compliance, entitled,
during the meeting, the International to the net subsidy rate for Laiwu Taihe ‘‘Issues and Decision Memorandum for
Trade Administration may conduct a Biochemistry Co. Ltd. (Taihe). The final the Final Results of the Countervailing
lottery to determine the speakers. net subsidy rate is listed below in the Duty Administrative Review: Citric
Speakers are requested to submit a copy section entitled, ‘‘Final Results of the Acid and Certain Citrate Salts; 2013’’
of their oral comments by email to Ms. Review.’’ (Issues and Decision Memorandum),
Gunderson for distribution to the dated concurrently with and hereby
participants in advance of the meeting. DATES: Effective date: December 14, adopted by this notice.
Any member of the public may 2015.
submit pertinent written comments Analysis of Comments Received
FOR FURTHER INFORMATION CONTACT:
concerning the RE&EEAC’s affairs at any Elizabeth Eastwood, AD/CVD All issues raised in the case briefs are
time before or after the meeting. Operations, Office II, Enforcement and addressed in the Issues and Decision
Comments may be submitted to the Compliance, International Trade Memorandum. A list of the issues raised
Renewable Energy and Energy Administration, U.S. Department of is attached to this notice as an
Efficiency Advisory Committee, c/o: Commerce, 14th Street and Constitution Appendix. The Issues and Decision
Victoria Gunderson, Office of Energy Memorandum is a public document and
and Environmental Industries, U.S. 1 See Citric Acid and Certain Citrate Salts:
Department of Commerce; 1401 Preliminary Results of Countervailing Duty 3 The petitioners are Archer Daniels Midland
Administrative Review; 2013, 80 FR 32346 (June 8, Company, Cargill Incorporated, and Tate & Lyle
mstockstill on DSK4VPTVN1PROD with NOTICES
Constitution Avenue NW.; Mail Stop:
2015) (Preliminary Results). Ingredients America LLC.
4053; Washington, DC 20230. To be 2 See Memorandum to Paul Piquado, Assistant 4 See memorandum to Christian Marsh, Deputy
considered during the meeting, written Secretary for Enforcement and Compliance, from Assistant Secretary for Enforcement and
comments must be received no later Melissa G. Skinner, Director, Office II, entitled, Compliance, from Shannon Morrison, International
than 5:00 p.m. DST on Friday, January ‘‘Post-Preliminary Results Decision Memorandum Trade Compliance Analyst, entitled, ‘‘Citric Acid
in the 2013 Countervailing Duty Administrative and Certain Citrate Salts from the People’s Republic
22, 2016, to ensure transmission to the Review; Citric Acid and Certain Citrate Salts from of China: Extension of Deadline for Final Results of
Committee prior to the meeting. the People’s Republic of China,’’ dated June 26, Countervailing Duty Administrative Review,’’ dated
Comments received after that date will 2015 (Post-Preliminary Results). August 13, 2015.
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![Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices 77319
is on file electronically via Enforcement Cash Deposit Instructions Calcium Carbonate, and Caustic Soda
and Compliance’s Antidumping and Industries
The Department also intends to 3. Whether To Reverse the Department’s
Countervailing Duty Centralized
instruct CBP to collect cash deposits of ‘‘Authorities’’ Determination for Certain
Electronic Service System (ACCESS). Input Suppliers
estimated countervailing duties in the
ACCESS is available to registered users 4. Including Ocean Freight and Import
amount shown above on shipments of
at http://access.trade.gov and in the Duties in the International Freight
subject merchandise by Taihe entered,
Central Records Unit, Room B8024 of Benchmark for Input for LTAR Programs
or withdrawn from warehouse, for
the main Department of Commerce 5. The Selection of Ports in the
consumption on or after the date of International Freight Benchmark for
building. In addition, a complete
publication of the final results of this Input for LTAR Programs
version of the Issues and Decision
review. For all non-reviewed 6. Whether To Use Freight Rates for Flat
Memorandum can be accessed directly
companies, we will instruct CBP to Rack Containers in the International
on the internet at http://www.trade.gov/ Freight Benchmark for the Calcium
continue to collect cash deposits of
enforcement/. The signed Issues and Carbonate for LTAR Program
estimated countervailing duties at the
Decision Memorandum and the 7. Whether To Include the Costs for
most recent company-specific or
electronic versions of the Issues and Hazardous Shipping Charges in the
country-wide rate applicable to the International Freight Benchmark for the
Decision Memorandum are identical in
company. Accordingly, the cash deposit Sulfuric Acid and Caustic Soda for LTAR
content.
rates that will be applied to companies Programs
Methodology covered by this order, but not examined IX. Recommendation
in this review, are those established in [FR Doc. 2015–31419 Filed 12–11–15; 8:45 am]
The Department conducted this the most recently-completed segment of BILLING CODE 3510–DS–P
review in accordance with section the proceeding for each company. These
751(a)(1)(A) of the Tariff Act of 1930, as cash deposit requirements, when
amended (the Act). For each of the imposed, shall remain in effect until DEPARTMENT OF COMMERCE
subsidy programs found further notice.
countervailable, we determine that there International Trade Administration
is a subsidy (i.e., a financial Administrative Protective Order
contribution from an ‘‘authority’’ that This notice serves as a reminder to Request for Public Input on Sectoral
confers a benefit to the recipient, and parties subject to administrative Dialogues To Inform Work on
that the subsidy is specific).5 See the protective order (APO) of their Standards Cooperation Under the U.S.-
Issues and Decision Memorandum for a responsibility concerning the India Strategic and Commercial
full description of the methodology disposition of proprietary information Dialogue
underlying our conclusions. disclosed under APO in accordance ACTION: Notice.
In making our findings, we relied, in with 19 CFR 351.305(a)(3). Timely
part, on the facts otherwise available. written notification of return or SUMMARY: With this notice, the U.S.
Further, because the GOC did not act to destruction of APO materials or Department of Commerce (USDOC), on
the best of its ability to respond to the conversion to judicial protective order is behalf of the Administration, is seeking
Department’s requests for information, hereby requested. Failure to comply public input to identify priority sectors
we drew an adverse inference in with the regulations and the terms of an in which the United States and India
selecting from among the facts available, APO is a sanctionable violation. will pursue cooperative dialogues under
pursuant to sections 776(a) and (b) of We are issuing and publishing these the U.S.-India Strategic and Commercial
the Act. See the Issues and Decision results in accordance with sections Dialogue (S&CD) to address standards-
Memorandum in the section entitled, 751(a)(1) and 777(i)(1) of the Act. related trade barriers. The aim of the
‘‘Use of Facts Otherwise Available and cooperative dialogues is for the private
Dated: December 7, 2015.
Adverse Inferences,’’ for further sector to produce concrete
information. Paul Piquado, recommendations for the U.S. and
Assistant Secretary for Enforcement and Indian governments on breaking down
Final Results of the Review Compliance. barriers related to standards, regulatory,
In accordance with 19 CFR Appendix and conformity assessment practices to
351.221(b)(5), we determine a net increase bilateral trade. Stakeholder
List of Topics Discussed in the Issues and
countervailable subsidy rate of 30.93 input will be used by the USDOC, in
Decision Memorandum
percent ad valorem for Taihe. consultation with its interagency
I. Summary partners, to identify those sectors where
Assessment Rates II. Background cooperative work will yield the most
III. Scope of the Order
The Department intends to issue IV. Use of Facts Otherwise Available and
benefits for bilateral trade from a U.S.
appropriate assessment instructions Adverse Inferences perspective. The USDOC will also use
directly to U.S. Customs and Border V. Subsidies Valuation Information stakeholder input to seek agreement
Protection (CBP) 15 days after the date VI. Benchmarks and Discount Rates from its Indian government counterparts
of publication of these final results, to VII. Analysis of Programs on the sectors in which to begin
VIII. Analysis of Comments cooperative work.
liquidate shipments of subject 1. Whether To Find Input for the Less- Criteria for selection include: The
merchandise by Taihe entered, or Than-Adequate-Remuneration (LTAR)
mstockstill on DSK4VPTVN1PROD with NOTICES
nature of the existing standards-related
withdrawn from warehouse, for Programs Not Specific barriers in the sector (medical devices,
consumption on or after January 1, A. Sulfuric Acid ICT products, oil and gas, etc.),
2013, through December 31, 2013. B. Steam Coal
C. Calcium Carbonate
including whether the standards related
5 See sections 771(5)(B) and (D) of the Act D. Caustic Soda measures that are affecting bilateral
regarding financial contribution; section 771(5)(E) 2. Whether the Department Should Apply trade are subject to regulatory discretion
of the Act regarding benefit; and section 771(5A) of Adverse Facts Available in its Market or have limited potential for adjustment
the Act regarding specificity. Distortion Analysis of the Sulfuric Acid, due to legislated mandates; the relative
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Document Created: 2015-12-14 13:46:59
Document Modified: 2015-12-14 13:46:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Elizabeth Eastwood, 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- 3874. | |
| FR Citation | 80 FR 77318 |
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