82_FR_29961 82 FR 29836 - Citric Acid and Certain Citrate Salts From Thailand: Initiation of Countervailing Duty Investigation

82 FR 29836 - Citric Acid and Certain Citrate Salts From Thailand: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29836-29840
FR Document2017-13824

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29836-29840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13824]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-834]


Citric Acid and Certain Citrate Salts From Thailand: Initiation 
of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective June 22, 2017.


FOR FURTHER INFORMATION CONTACT: John Conniff at (202) 482-1009, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On June 2, 2017, the Department of Commerce (the Department) 
received a countervailing duty (CVD) petition concerning imports of 
citric acid and

[[Page 29837]]

certain citrate salts (citric acid) from Thailand,\1\ filed in proper 
form on behalf of Archer Daniels Midland Company (ADM); Cargill 
Incorporated (Cargill); and Tate & Lyle Ingredients Americas LLC (Tate 
& Lyle) (collectively, the petitioners). The Petition was accompanied 
by antidumping duty (AD) petitions concerning imports of citric acid 
from Belgium, Colombia and Thailand.\2\ The petitioners are domestic 
producers of citric acid.\3\
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    \1\ See ``Petitions for the Imposition of Antidumping and 
Countervailing Duties on Citric Acid and Certain Citrate Salts from 
Belgium, Colombia, and Thailand,'' dated June 2, 2017, at Volume V 
(Petition).
    \2\ See Petition, Volumes II-IV.
    \3\ See Volume I of the Petitions, at 2.
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    On June 7, and June 12, 2017, the Department requested additional 
information and clarification of certain areas of the Petition.\4\ The 
petitioners filed responses to these requests on June 9, and June 14, 
2017, respectively.\5\
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    \4\ See Letter to the petitioners from the Department, 
``Petition for the Imposition of Countervailing Duties on Imports of 
Citric Acid and Certain Citrate Salts from Thailand: Supplemental 
Questions,'' dated June 7, 2017; see also Letter to the petitioners 
from the Department concerning supplemental questions on general 
issues, dated June 12, 2017.
    \5\ See Letter from the petitioners, ``Petitioners' Responses to 
Supplemental Questions,'' dated June 9, 2017; see also Letter from 
the petitioners, ``Antidumping Duty Investigation of Citric Acid and 
Certain Citrate Salts from Belgium, Colombia, and Thailand: 
Petitioners' Responses to Supplemental Questions--Volume I,'' dated 
June 14, 2017 (General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of citric acid 
from Thailand received countervailable subsidies from Thai government 
authorities within the meaning of sections 701 and 771(5) of the Act, 
and that such imports are materially injuring, or threatening material 
injury to, an industry in the United States. Also, consistent with 
section 702(b)(1) of the Act, for those alleged programs on which we 
are initiating a CVD investigation, the Petition alleged the elements 
of a subsidy and provided information reasonably available to the 
petitioners supporting the allegations.
    The Department finds that the petitioners filed the Petition on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in section 771(9)(C) of the Act. The Department also 
finds that the petitioners demonstrated sufficient industry support 
with respect to the initiation of the CVD investigation that the 
petitioners are requesting.\6\
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    \6\ See ``Determination of Industry Support for the Petitions'' 
section, below.
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Period of Investigation

    Because the Petition was filed on June 2, 2017, the period of 
investigation (POI) is January 1, 2016, through December 31, 2016.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is citric acid and 
certain citrate salts from Thailand. For a full description of the 
scope of this investigation, see the ``Scope of the Investigation,'' in 
the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, the Department issues questions 
to, and received responses from, the petitioners pertaining to the 
proposed scope to ensure that the scope language in the Petition would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief.\8\
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    \8\ See General Issues Supplement, at 1-4.
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    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The Department will consider all 
comments received from parties and, if necessary, will consult with 
parties prior to the issuance of the preliminary determinations. If 
scope comments include factual information (see 19 CFR 351.102(b)(21)), 
all such factual information should be limited to public information. 
In order to facilitate preparation of its questionnaires, the 
Department requests all interested parties to submit such comments by 
5:00 p.m. Eastern Time (ET) on July 12, 2017, which is 20 calendar days 
from the signature date of this notice. Any rebuttal comments, which 
may include factual information (also limited to public information), 
must be filed by 5:00 p.m. ET on July 24, 2017, which is the next 
business day after 10 calendar days after the initial comments. All 
such comments must be filed on the records of this investigation and 
each of the concurrent AD investigations.
    The Department requests that any factual information the parties 
consider relevant to the scope of this investigation be submitted 
during this time period. However, if a party subsequently believes that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. As stated 
above, all such comments must be filed on the records of this 
investigation and each of the concurrent AD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\9\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \9\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011), for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the Royal Thai Government (RTG) of the 
receipt of the Petition. Also, in accordance with section 
702(b)(4)(A)(ii) of the Act, the Department provided representatives of 
the RTG with an opportunity for consultations with respect to the 
Petition. Consultations with the RTG were held at the Department's main 
building on June 14, 2017. The invitation letter and the memorandum 
regarding these consultations are on file electronically via ACCESS.

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic

[[Page 29838]]

producers or workers accounting for more than 50 percent of the total 
production of the domestic like product, the Department shall: (i) Poll 
the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\10\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\11\
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    \10\ See section 771(10) of the Act.
    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigation. Based on our analysis of the information 
submitted on the record, we have determined that citric acid, as 
defined in the scope, constitutes a single domestic like product and we 
have analyzed industry support in terms of that domestic like 
product.\12\
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    \12\ For a discussion of the domestic like product analysis, see 
Countervailing Duty Investigation Initiation Checklist: Citric Acid 
and Certain Citrate Salts from Thailand (Thailand CVD Initiation 
Checklist), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Citric Acid 
and Certain Citrate Salts from Belgium, Colombia, and Thailand 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioners provided 
their own production of the domestic like product in 2016.\13\ The 
petitioners state that they represent the totality of the domestic 
industry producing citric acid; therefore, the Petition is supported by 
100 percent of the U.S. industry.\14\
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    \13\ See Volume I of the Petition, at Exhibit I-13.
    \14\ Id., at 2-3 and Exhibits I-1 and I-2; see also General 
Issues Supplement, at 1, 7 and Attachments 1 and 3.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to the Department 
indicates that the petitioners have established industry support for 
the Petition.\15\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, the Department is 
not required to take further action in order to evaluate industry 
support (e.g., polling).\16\ Second, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petition account for at least 25 percent of 
the total production of the domestic like product.\17\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petition account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petition.\18\ Accordingly, the Department determines 
that the Petition was filed on behalf of the domestic industry within 
the meaning of section 702(b)(1) of the Act.
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    \15\ See Thailand CVD Initiation Checklist, at Attachment II.
    \16\ See section 702(c)(4)(D) of the Act; see also Thailand CVD 
Initiation Checklist, at Attachment II.
    \17\ See Thailand CVD Initiation Checklist, at Attachment II.
    \18\ Id.
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    The Department finds that the petitioners filed the Petition on 
behalf of the domestic industry because they are interested parties as 
defined in section 771(9)(C) of the Act, and they have demonstrated 
sufficient industry support with respect to the CVD investigation they 
are requesting the Department to initiate.\19\
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    \19\ Id.
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Injury Test

    Because Thailand is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Thailand materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\20\ In CVD petitions, section 
771(24)(B) of the Act provides that imports of subject merchandise from 
developing and least developed countries must exceed the negligibility 
threshold of four percent. The petitioners also demonstrate that 
subject imports from Thailand, which has been designated as developing 
country under section 771(36)(A) of the Act, exceed the negligibility 
threshold of four percent.\21\
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    \20\ See Volume I of the Petition, at 21-22 and Exhibit I-12.
    \21\ Id.
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    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; adverse impact on the domestic 
industry's production, capacity utilization, and U.S. shipments; and 
declines in financial performance.\22\ We have assessed the allegations 
and supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported

[[Page 29839]]

by adequate evidence, and meet the statutory requirements for 
initiation.\23\
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    \22\ See Volume I of the Petition, at 17-32 and Exhibits I-7 and 
I-9--I-15.
    \23\ See Thailand CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Citric Acid and Certain Citrate Salts from Belgium, 
Colombia, and Thailand (Attachment III).
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Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioners 
supporting the allegations.
    The petitioners allege that producers/exporters of citric acid in 
Thailand benefit from countervailable subsidies bestowed by their 
government. The Department examined the Petition and finds that it 
complies with the requirements of section 702(b)(1) of the Act. 
Therefore, in accordance with section 702(b)(1) of the Act, we are 
initiating this CVD investigation to determine whether manufacturers, 
producers, and/or exporters of citric acid in Thailand receive 
countervailable subsidies from Thai government authorities.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD law were made.\24\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\25\
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    \24\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015). See also, Dates of Application of 
Amendments to the Antidumping and Countervailing Duty Laws Made by 
the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 
2015) (Applicability Notice).
    \25\ See Applicability Notice, 80 FR at 46794-95.
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    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on all nine 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see the Thailand CVD Initiation Checklist. 
A public version of the initiation checklist is available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Based on information from independent sources, the petitioners 
identified four companies in Thailand as producers/exporters of citric 
acid.\26\ Following standard practice in CVD investigations, the 
Department intends to review U.S. Customs and Border Protection (CBP) 
data for U.S. imports under the appropriate HTSUS numbers listed in the 
``Scope of the Investigation,'' in the Appendix, below. If the 
Department determines that, due to the large number of producers or 
exporters, it cannot individually examine each company based on the 
Department's resources, then the Department will select respondents 
based on the CBP data. We intend to release the CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO. Comments regarding the CBP data and 
respondent selection should be submitted seven calendar days after the 
placement of the CBP data on the record of the investigation. Parties 
wishing to submit rebuttal comments should submit those comments five 
calendar days after the deadline for the initial comments.
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    \26\ See Petitions, Volume I at 30-31.
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    Comments must be filed electronically using ACCESS. An 
electronically-filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decision regarding respondent selection 
within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the RTG via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
known exporter (as named in the Petition), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of citric acid from Thailand are materially 
injuring, or threatening material injury to, a U.S. industry.\27\ A 
negative ITC determination will result in the investigation being 
terminated.\28\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \27\ See section 703(a)(2) of the Act.
    \28\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). Any party, when submitting 
factual information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to

[[Page 29840]]

submitting factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\29\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\30\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \29\ See section 782(b) of the Act.
    \30\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: June 22, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation includes all 
grades and granulation sizes of citric acid, sodium citrate, and 
potassium citrate in their unblended forms, whether dry or in 
solution, and regardless of packaging type. The scope also includes 
blends of citric acid, sodium citrate, and potassium citrate; as 
well as blends with other ingredients, such as sugar, where the 
unblended form(s) of citric acid, sodium citrate, and potassium 
citrate constitute 40 percent or more, by weight, of the blend.
    The scope also includes all forms of crude calcium citrate, 
including dicalcium citrate monohydrate, and tricalcium citrate 
tetrahydrate, which are intermediate products in the production of 
citric acid, sodium citrate, and potassium citrate.
    The scope 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. 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.
    The scope does not include calcium citrate that satisfies the 
standards set forth in the United States Pharmacopeia and has been 
mixed with a functional excipient, such as dextrose or starch, where 
the excipient constitutes at least 2 percent, by weight, of the 
product.
    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, if included 
in a mixture or blend, 3824.99.9295 of the HTSUS. Blends that 
include citric acid, sodium citrate, and potassium citrate are 
classifiable under 3824.99.9295 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

[FR Doc. 2017-13824 Filed 6-29-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  29836                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                     Pursuant to 19 CFR 351.310(c),                       planed, whether or not sanded, or whether or               Radius-cut box-spring-frame components,
                                                  interested parties who wish to request a                not end-jointed.                                         not exceeding 1″ in actual thickness or 83″
                                                  hearing, limited to issues raised in the                  • Coniferous drilled and notched lumber                in length, ready for assembly without further
                                                                                                          and angle cut lumber.                                    processing are excluded. The radius cuts
                                                  case and rebuttal briefs, must submit a
                                                                                                            • Coniferous lumber stacked on edge and                must be present on both ends of the boards
                                                  written request to the Assistant                        fastened together with nails, whether or not             and must be substantially cut so as to
                                                  Secretary for Enforcement and                           with plywood sheathing.                                  completely round one corner.
                                                  Compliance, U.S. Department of                            • Components or parts of semi-finished or
                                                  Commerce, within 30 days after the date                 unassembled finished products made from                  Appendix II
                                                  of publication of this notice. Requests                 subject merchandise that would otherwise                 List of Topics Discussed in the
                                                  should contain the party’s name,                        meet the definition of the scope above.
                                                                                                                                                                   Preliminary Decision Memorandum
                                                  address, and telephone number, the                        Softwood lumber product imports are
                                                                                                          generally entered under Chapter 44 of the                I. Summary
                                                  number of participants, whether any
                                                                                                          Harmonized Tariff Schedule of the United                 II. Background
                                                  participant is a foreign national, and a                States (HTSUS).18 This chapter of the HTSUS              III. Period of Investigation
                                                  list of the issues to be discussed. If a                covers ‘‘Wood and articles of wood.’’                    IV. Critical Circumstances
                                                  request for a hearing is made, the                      Softwood lumber products that are subject to             V. Scope of the Investigation
                                                  Department intends to hold the hearing                  this investigation are currently classifiable            VI. Scope Comments
                                                  at the U.S. Department of Commerce,                     under the following ten-digit HTSUS                      VII. Affiliation and Collapsing of Affiliates
                                                  1401 Constitution Avenue NW.,                           subheadings in Chapter 44: 4407.10.01.01;                VIII. Discussion of the Methodology
                                                  Washington, DC 20230, at a time and                     4407.10.01.02; 4407.10.01.15; 4407.10.01.16;                A. Determination of the Comparison
                                                  date to be determined. Parties should                   4407.10.01.17; 4407.10.01.18; 4407.10.01.19;                   Method
                                                                                                          4407.10.01.20; 4407.10.01.42; 4407.10.01.43;                B. Results of the Differential Pricing
                                                  confirm by telephone the date, time, and
                                                                                                          4407.10.01.44; 4407.10.01.45; 4407.10.01.46;                   Analysis
                                                  location of the hearing two days before                 4407.10.01.47; 4407.10.01.48; 4407.10.01.49;             IX. Product Comparisons
                                                  the scheduled date.                                     4407.10.01.52; 4407.10.01.53; 4407.10.01.54;             X. Date of Sale
                                                  International Trade Commission                          4407.10.01.55; 4407.10.01.56; 4407.10.01.57;             XI. Random-Length Board Sales
                                                                                                          4407.10.01.58; 4407.10.01.59; 4407.10.01.64;             XII. Export Price and Constructed Export
                                                  Notification
                                                                                                          4407.10.01.65; 4407.10.01.66; 4407.10.01.67;                   Price
                                                     In accordance with section 733(f) of                 4407.10.01.68; 4407.10.01.69; 4407.10.01.74;             XIII. Normal Value
                                                                                                          4407.10.01.75; 4407.10.01.76; 4407.10.01.77;                A. Home Market Viability
                                                  the Act, the Department intends to
                                                                                                          4407.10.01.82; 4407.10.01.83; 4407.10.01.92;                B. Level of Trade
                                                  notify the International Trade                          4407.10.01.93; 4409.10.05.00; 4409.10.10.20;                C. Cost of Production (COP) Analysis
                                                  Commission (ITC) of its preliminary                     4409.10.10.40; 4409.10.10.60; 4409.10.10.80;                1. Calculation of COP
                                                  affirmative determination. If the final                 4409.10.20.00; 4409.10.90.20; 4409.10.90.40;                2. Test of Comparison-Market Sales Prices
                                                  determination is affirmative, the ITC                   and 4418.99.10.00.                                          3. Results of the COP Test
                                                  will determine before the later of 120                    Subject merchandise as described above                    D. Calculation of NV Based on
                                                  days after the date of this preliminary                 might be identified on entry documentation                     Comparison-Market Prices
                                                  determination or 45 days after the final                as stringers, square cut box-spring-frame                   E. Price-to-CV Comparisons
                                                  determination whether these imports                     components, fence pickets, truss                         XIV. Currency Conversion
                                                                                                          components, pallet components, flooring,                 XV. Conclusion
                                                  are materially injuring, or threaten
                                                                                                          and door and window frame parts. Items so                [FR Doc. 2017–13794 Filed 6–29–17; 8:45 am]
                                                  material injury to, the U.S. industry.                  identified might be entered under the
                                                                                                                                                                   BILLING CODE 3510–DS–P
                                                  Notification to Interested Parties                      following ten-digit HTSUS subheadings in
                                                                                                          Chapter 44: 4415.20.40.00; 4415.20.80.00;
                                                    We intend to issue and publish this                   4418.99.90.05; 4418.99.90.20; 4418.99.90.40;
                                                                                                          4418.99.90.95; 4421.91.70.40; and                        DEPARTMENT OF COMMERCE
                                                  notice in accordance with sections
                                                  733(f) and 777(i)(1) of the Act and 19                  4421.91.97.80.
                                                                                                            Although these HTSUS subheadings are                   International Trade Administration
                                                  CFR 351.205(c).
                                                                                                          provided for convenience and customs                     [C–549–834]
                                                    Dated: June 23, 2017.                                 purposes, the written description of the
                                                  Ronald Lorentzen,                                       scope of these investigations is dispositive.            Citric Acid and Certain Citrate Salts
                                                  Acting Assistant Secretary for Enforcement                The scope of the order excludes the
                                                                                                                                                                   From Thailand: Initiation of
                                                  and Compliance.                                         following items:
                                                                                                            U.S.-origin lumber shipped to Canada for               Countervailing Duty Investigation
                                                  Appendix I                                              processing and imported into the United                  AGENCY:  Enforcement and Compliance,
                                                                                                          States is excluded from the scope of the
                                                  Scope of the Investigation                                                                                       International Trade Administration,
                                                                                                          investigations if the processing occurring in
                                                     The merchandise covered by this                      Canada is limited to one or more of the                  Department of Commerce.
                                                  investigation is softwood lumber, siding,               following: (1) Kiln drying; (2) planing to               DATES: Effective June 22, 2017.
                                                  flooring and certain other coniferous wood              create smooth-to-size board; or (3) sanding.             FOR FURTHER INFORMATION CONTACT:   John
                                                  (softwood lumber products). The scope                     Box-spring frame kits are excluded if they
                                                  includes:                                               contain the following wooden pieces—two
                                                                                                                                                                   Conniff at (202) 482–1009, AD/CVD
                                                     • Coniferous wood, sawn, or chipped                  side rails, two end (or top) rails and varying           Operations, Enforcement and
                                                  lengthwise, sliced or peeled, whether or not            numbers of slats. The side rails and the end             Compliance, International Trade
                                                  planed, whether or not sanded, or whether or            rails must be radius-cut at both ends. The kits          Administration, U.S. Department of
                                                  not finger-jointed, of an actual thickness              must be individually packaged and must                   Commerce, 1401 Constitution Avenue
                                                  exceeding six millimeters.                              contain the exact number of wooden                       NW., Washington, DC 20230.
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                                                     • Coniferous wood siding, flooring, and              components needed to make a particular box               SUPPLEMENTARY INFORMATION:
                                                  other coniferous wood (other than moldings              spring frame, with no further processing
                                                  and dowel rods), including strips and friezes           required. None of the components exceeds 1″              The Petition
                                                  for parquet flooring, that is continuously              in actual thickness or 83″ in length.
                                                  shaped (including, but not limited to,                                                                             On June 2, 2017, the Department of
                                                  tongued, grooved, rebated, chamfered, V-                  18 Throughout   this document, all references to the
                                                                                                                                                                   Commerce (the Department) received a
                                                  jointed, beaded, molded, rounded) along any             HTSUS are based on the HTSUS as it exists at             countervailing duty (CVD) petition
                                                  of its edges, ends, or faces, whether or not            https://hts.usitc.gov/current.                           concerning imports of citric acid and


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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                                     29837

                                                  certain citrate salts (citric acid) from                Period of Investigation                                 investigation and each of the concurrent
                                                  Thailand,1 filed in proper form on                         Because the Petition was filed on June               AD investigations.
                                                  behalf of Archer Daniels Midland                        2, 2017, the period of investigation (POI)              Filing Requirements
                                                  Company (ADM); Cargill Incorporated                     is January 1, 2016, through December
                                                  (Cargill); and Tate & Lyle Ingredients                                                                            All submissions to the Department
                                                                                                          31, 2016.7                                              must be filed electronically using
                                                  Americas LLC (Tate & Lyle)
                                                  (collectively, the petitioners). The                    Scope of the Investigation                              Enforcement and Compliance’s
                                                  Petition was accompanied by                                                                                     Antidumping and Countervailing Duty
                                                                                                             The product covered by this
                                                  antidumping duty (AD) petitions                                                                                 Centralized Electronic Service System
                                                                                                          investigation is citric acid and certain
                                                  concerning imports of citric acid from                                                                          (ACCESS).9 An electronically-filed
                                                                                                          citrate salts from Thailand. For a full
                                                  Belgium, Colombia and Thailand.2 The                                                                            document must be received successfully
                                                                                                          description of the scope of this
                                                  petitioners are domestic producers of                                                                           in its entirety by the time and date it is
                                                                                                          investigation, see the ‘‘Scope of the
                                                  citric acid.3                                                                                                   due. Documents excepted from the
                                                                                                          Investigation,’’ in the Appendix to this
                                                     On June 7, and June 12, 2017, the                                                                            electronic submission requirements
                                                                                                          notice.
                                                  Department requested additional                                                                                 must be filed manually (i.e., in paper
                                                  information and clarification of certain                Comments on Scope of the Investigation                  form) with Enforcement and
                                                  areas of the Petition.4 The petitioners                    During our review of the Petition, the               Compliance’s APO/Dockets Unit, Room
                                                  filed responses to these requests on June               Department issues questions to, and                     18022, U.S. Department of Commerce,
                                                  9, and June 14, 2017, respectively.5                                                                            1401 Constitution Avenue NW.,
                                                                                                          received responses from, the petitioners
                                                     In accordance with section 702(b)(1)                                                                         Washington, DC 20230, and stamped
                                                                                                          pertaining to the proposed scope to
                                                  of the Tariff Act of 1930, as amended                                                                           with the date and time of receipt by the
                                                  (the Act), the petitioners allege that                  ensure that the scope language in the
                                                                                                          Petition would be an accurate reflection                applicable deadlines.
                                                  imports of citric acid from Thailand
                                                  received countervailable subsidies from                 of the products for which the domestic                  Consultations
                                                  Thai government authorities within the                  industry is seeking relief.8                              Pursuant to section 702(b)(4)(A)(i) of
                                                  meaning of sections 701 and 771(5) of                      As discussed in the preamble to the                  the Act, the Department notified
                                                  the Act, and that such imports are                      Department’s regulations, we are setting                representatives of the Royal Thai
                                                  materially injuring, or threatening                     aside a period for interested parties to                Government (RTG) of the receipt of the
                                                  material injury to, an industry in the                  raise issues regarding product coverage                 Petition. Also, in accordance with
                                                  United States. Also, consistent with                    (scope). The Department will consider                   section 702(b)(4)(A)(ii) of the Act, the
                                                  section 702(b)(1) of the Act, for those                 all comments received from parties and,                 Department provided representatives of
                                                  alleged programs on which we are                        if necessary, will consult with parties                 the RTG with an opportunity for
                                                  initiating a CVD investigation, the                     prior to the issuance of the preliminary                consultations with respect to the
                                                  Petition alleged the elements of a                      determinations. If scope comments                       Petition. Consultations with the RTG
                                                  subsidy and provided information                        include factual information (see 19 CFR                 were held at the Department’s main
                                                  reasonably available to the petitioners                 351.102(b)(21)), all such factual                       building on June 14, 2017. The
                                                  supporting the allegations.                             information should be limited to public                 invitation letter and the memorandum
                                                     The Department finds that the                        information. In order to facilitate                     regarding these consultations are on file
                                                  petitioners filed the Petition on behalf of             preparation of its questionnaires, the                  electronically via ACCESS.
                                                  the domestic industry because the                       Department requests all interested
                                                  petitioners are interested parties as                   parties to submit such comments by                      Determination of Industry Support for
                                                  defined in section 771(9)(C) of the Act.                5:00 p.m. Eastern Time (ET) on July 12,                 the Petition
                                                  The Department also finds that the                      2017, which is 20 calendar days from                      Section 702(b)(1) of the Act requires
                                                  petitioners demonstrated sufficient                     the signature date of this notice. Any                  that a petition be filed on behalf of the
                                                  industry support with respect to the                    rebuttal comments, which may include                    domestic industry. Section 702(c)(4)(A)
                                                  initiation of the CVD investigation that                factual information (also limited to                    of the Act provides that a petition meets
                                                  the petitioners are requesting.6                        public information), must be filed by                   this requirement if the domestic
                                                                                                          5:00 p.m. ET on July 24, 2017, which is                 producers or workers who support the
                                                     1 See ‘‘Petitions for the Imposition of              the next business day after 10 calendar                 petition account for: (i) at least 25
                                                  Antidumping and Countervailing Duties on Citric         days after the initial comments. All such               percent of the total production of the
                                                  Acid and Certain Citrate Salts from Belgium,            comments must be filed on the records                   domestic like product; and (ii) more
                                                  Colombia, and Thailand,’’ dated June 2, 2017, at        of this investigation and each of the
                                                  Volume V (Petition).                                                                                            than 50 percent of the production of the
                                                     2 See Petition, Volumes II–IV.                       concurrent AD investigations.                           domestic like product produced by that
                                                     3 See Volume I of the Petitions, at 2.                  The Department requests that any                     portion of the industry expressing
                                                     4 See Letter to the petitioners from the             factual information the parties consider                support for, or opposition to, the
                                                  Department, ‘‘Petition for the Imposition of            relevant to the scope of this                           petition. Moreover, section 702(c)(4)(D)
                                                  Countervailing Duties on Imports of Citric Acid and     investigation be submitted during this
                                                  Certain Citrate Salts from Thailand: Supplemental                                                               of the Act provides that, if the petition
                                                  Questions,’’ dated June 7, 2017; see also Letter to
                                                                                                          time period. However, if a party                        does not establish support of domestic
                                                  the petitioners from the Department concerning          subsequently believes that additional
                                                  supplemental questions on general issues, dated         factual information pertaining to the                     9 See 19 CFR 351.303 (for general filing
                                                  June 12, 2017.                                          scope of the investigation may be                       requirements); see also Antidumping and
                                                     5 See Letter from the petitioners, ‘‘Petitioners’
                                                                                                          relevant, the party may contact the                     Countervailing Duty Proceedings: Electronic Filing
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                                                  Responses to Supplemental Questions,’’ dated June                                                               Procedures; Administrative Protective Order
                                                  9, 2017; see also Letter from the petitioners,          Department and request permission to                    Procedures, 76 FR 39263 (July 6, 2011), for details
                                                  ‘‘Antidumping Duty Investigation of Citric Acid and     submit the additional information. As                   of the Department’s electronic filing requirements,
                                                  Certain Citrate Salts from Belgium, Colombia, and       stated above, all such comments must                    which went into effect on August 5, 2011.
                                                  Thailand: Petitioners’ Responses to Supplemental        be filed on the records of this                         Information on help using ACCESS can be found at
                                                  Questions—Volume I,’’ dated June 14, 2017                                                                       https://access.trade.gov/help.aspx, and a handbook
                                                  (General Issues Supplement).                                                                                    can be found at https://access.trade.gov/help/
                                                     6 See ‘‘Determination of Industry Support for the      7 See   19 CFR 351.204(b)(2).                         Handbook%20on%20Electronic%20Filling
                                                  Petitions’’ section, below.                               8 See   General Issues Supplement, at 1–4.            %20Procedures.pdf.



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                                                  29838                            Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                  producers or workers accounting for                        In determining whether the                          industry within the meaning of section
                                                  more than 50 percent of the total                       petitioners have standing under section                702(b)(1) of the Act.
                                                  production of the domestic like product,                702(c)(4)(A) of the Act, we considered                   The Department finds that the
                                                  the Department shall: (i) Poll the                      the industry support data contained in                 petitioners filed the Petition on behalf of
                                                  industry or rely on other information in                the Petition with reference to the                     the domestic industry because they are
                                                  order to determine if there is support for              domestic like product as defined in the                interested parties as defined in section
                                                  the petition, as required by                            ‘‘Scope of the Investigation,’’ in the
                                                                                                                                                                 771(9)(C) of the Act, and they have
                                                  subparagraph (A); or (ii) determine                     Appendix to this notice. To establish
                                                                                                                                                                 demonstrated sufficient industry
                                                  industry support using a statistically                  industry support, the petitioners
                                                                                                                                                                 support with respect to the CVD
                                                  valid sampling method to poll the                       provided their own production of the
                                                                                                                                                                 investigation they are requesting the
                                                  ‘‘industry.’’                                           domestic like product in 2016.13 The
                                                     Section 771(4)(A) of the Act defines                 petitioners state that they represent the              Department to initiate.19
                                                  the ‘‘industry’’ as the producers, as a                 totality of the domestic industry                      Injury Test
                                                  whole, of a domestic like product. Thus,                producing citric acid; therefore, the
                                                  to determine whether a petition has the                 Petition is supported by 100 percent of                  Because Thailand is a ‘‘Subsidies
                                                  requisite industry support, the statute                 the U.S. industry.14                                   Agreement Country’’ within the
                                                  directs the Department to look to                          Our review of the data provided in the              meaning of section 701(b) of the Act,
                                                  producers and workers who produce the                   Petition, the General Issues Supplement,               section 701(a)(2) of the Act applies to
                                                  domestic like product. The International                and other information readily available                this investigation. Accordingly, the ITC
                                                  Trade Commission (ITC), which is                        to the Department indicates that the                   must determine whether imports of the
                                                  responsible for determining whether                     petitioners have established industry                  subject merchandise from Thailand
                                                  ‘‘the domestic industry’’ has been                      support for the Petition.15 First, the                 materially injure, or threaten material
                                                  injured, must also determine what                       Petition established support from                      injury to, a U.S. industry.
                                                  constitutes a domestic like product in                  domestic producers (or workers)
                                                  order to define the industry. While both                accounting for more than 50 percent of                 Allegations and Evidence of Material
                                                  the Department and the ITC must apply                   the total production of the domestic like              Injury and Causation
                                                  the same statutory definition regarding                 product and, as such, the Department is
                                                                                                                                                                    The petitioners allege that imports of
                                                  the domestic like product,10 they do so                 not required to take further action in
                                                                                                                                                                 the subject merchandise are benefitting
                                                  for different purposes and pursuant to a                order to evaluate industry support (e.g.,
                                                                                                                                                                 from countervailable subsidies and that
                                                  separate and distinct authority. In                     polling).16 Second, the domestic
                                                                                                                                                                 such imports are causing, or threaten to
                                                  addition, the Department’s                              producers (or workers) have met the
                                                                                                                                                                 cause, material injury to the U.S.
                                                  determination is subject to limitations of              statutory criteria for industry support
                                                                                                                                                                 industry producing the domestic like
                                                  time and information. Although this                     under section 702(c)(4)(A)(i) of the Act
                                                                                                          because the domestic producers (or                     product. In addition, the petitioners
                                                  may result in different definitions of the                                                                     allege that subject imports exceed the
                                                  like product, such differences do not                   workers) who support the Petition
                                                                                                          account for at least 25 percent of the                 negligibility threshold provided for
                                                  render the decision of either agency                                                                           under section 771(24)(A) of the Act.20 In
                                                  contrary to law.11                                      total production of the domestic like
                                                                                                          product.17 Finally, the domestic                       CVD petitions, section 771(24)(B) of the
                                                     Section 771(10) of the Act defines the
                                                                                                          producers (or workers) have met the                    Act provides that imports of subject
                                                  domestic like product as ‘‘a product
                                                                                                          statutory criteria for industry support                merchandise from developing and least
                                                  which is like, or in the absence of like,
                                                                                                          under section 702(c)(4)(A)(ii) of the Act              developed countries must exceed the
                                                  most similar in characteristics and uses
                                                                                                          because the domestic producers (or                     negligibility threshold of four percent.
                                                  with, the article subject to an
                                                                                                          workers) who support the Petition                      The petitioners also demonstrate that
                                                  investigation under this title.’’ Thus, the
                                                                                                          account for more than 50 percent of the                subject imports from Thailand, which
                                                  reference point from which the
                                                                                                          production of the domestic like product                has been designated as developing
                                                  domestic like product analysis begins is
                                                                                                          produced by that portion of the industry               country under section 771(36)(A) of the
                                                  ‘‘the article subject to an investigation’’
                                                  (i.e., the class or kind of merchandise to              expressing support for, or opposition to,              Act, exceed the negligibility threshold
                                                  be investigated, which normally will be                 the Petition.18 Accordingly, the                       of four percent.21
                                                  the scope as defined in the Petition).                  Department determines that the Petition                   The petitioners contend that the
                                                     With regard to the domestic like                     was filed on behalf of the domestic                    industry’s injured condition is
                                                  product, the petitioners do not offer a                                                                        illustrated by reduced market share;
                                                  definition of the domestic like product                 Checklist), at Attachment II, Analysis of Industry     underselling and price suppression or
                                                  distinct from the scope of the                          Support for the Antidumping and Countervailing         depression; lost sales and revenues;
                                                                                                          Duty Petitions Covering Citric Acid and Certain
                                                  investigation. Based on our analysis of                 Citrate Salts from Belgium, Colombia, and Thailand     adverse impact on the domestic
                                                  the information submitted on the                        (Attachment II). This checklist is dated               industry’s production, capacity
                                                  record, we have determined that citric                  concurrently with this notice and on file              utilization, and U.S. shipments; and
                                                  acid, as defined in the scope, constitutes              electronically via ACCESS. Access to documents
                                                                                                          filed via ACCESS is also available in the Central
                                                                                                                                                                 declines in financial performance.22 We
                                                  a single domestic like product and we                   Records Unit, Room B8024 of the main Department        have assessed the allegations and
                                                  have analyzed industry support in terms                 of Commerce building.                                  supporting evidence regarding material
                                                  of that domestic like product.12                           13 See Volume I of the Petition, at Exhibit I–13.
                                                                                                                                                                 injury, threat of material injury, and
                                                                                                             14 Id., at 2–3 and Exhibits I–1 and I–2; see also
                                                                                                                                                                 causation, and we have determined that
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                                                    10 See  section 771(10) of the Act.                   General Issues Supplement, at 1, 7 and Attachments
                                                                                                          1 and 3.
                                                                                                                                                                 these allegations are properly supported
                                                    11 See  USEC, Inc. v. United States, 132 F. Supp.
                                                                                                             15 See Thailand CVD Initiation Checklist, at
                                                  2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                                  v. United States, 688 F. Supp. 639, 644 (CIT 1988),     Attachment II.                                           19 Id.
                                                                                                             16 See section 702(c)(4)(D) of the Act; see also      20 See Volume I of the Petition, at 21–22 and
                                                  aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                                     12 For a discussion of the domestic like product     Thailand CVD Initiation Checklist, at Attachment II.   Exhibit I–12.
                                                                                                             17 See Thailand CVD Initiation Checklist, at          21 Id.
                                                  analysis, see Countervailing Duty Investigation
                                                  Initiation Checklist: Citric Acid and Certain Citrate   Attachment II.                                           22 See Volume I of the Petition, at 17–32 and

                                                  Salts from Thailand (Thailand CVD Initiation               18 Id.                                              Exhibits I–7 and I–9—I–15.



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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                             29839

                                                  by adequate evidence, and meet the                      identified four companies in Thailand                  Otherwise, this investigation will
                                                  statutory requirements for initiation.23                as producers/exporters of citric acid.26               proceed according to statutory and
                                                                                                          Following standard practice in CVD                     regulatory time limits.
                                                  Initiation of CVD Investigation
                                                                                                          investigations, the Department intends
                                                     Section 702(b)(1) of the Act requires                                                                       Submission of Factual Information
                                                                                                          to review U.S. Customs and Border
                                                  the Department to initiate a CVD                        Protection (CBP) data for U.S. imports                    Factual information is defined in 19
                                                  investigation whenever an interested                    under the appropriate HTSUS numbers                    CFR 351.102(b)(21) as: (i) Evidence
                                                  party files a CVD petition on behalf of                 listed in the ‘‘Scope of the                           submitted in response to questionnaires;
                                                  an industry that: (1) Alleges the                       Investigation,’’ in the Appendix, below.               (ii) evidence submitted in support of
                                                  elements necessary for an imposition of                 If the Department determines that, due                 allegations; (iii) publicly available
                                                  a duty under section 701(a) of the Act;                 to the large number of producers or                    information to value factors under 19
                                                  and (2) is accompanied by information                   exporters, it cannot individually                      CFR 351.408(c) or to measure the
                                                  reasonably available to the petitioners                 examine each company based on the                      adequacy of remuneration under 19 CFR
                                                  supporting the allegations.                             Department’s resources, then the                       351.511(a)(2); (iv) evidence placed on
                                                     The petitioners allege that producers/               Department will select respondents                     the record by the Department; and (v)
                                                  exporters of citric acid in Thailand                    based on the CBP data. We intend to                    evidence other than factual information
                                                  benefit from countervailable subsidies                  release the CBP data under                             described in (i)–(iv). Any party, when
                                                  bestowed by their government. The                       Administrative Protective Order (APO)                  submitting factual information, must
                                                  Department examined the Petition and                    to all parties with access to information              specify under which subsection of 19
                                                  finds that it complies with the                         protected by APO. Comments regarding                   CFR 351.102(b)(21) the information is
                                                  requirements of section 702(b)(1) of the                the CBP data and respondent selection                  being submitted and, if the information
                                                  Act. Therefore, in accordance with                      should be submitted seven calendar                     is submitted to rebut, clarify, or correct
                                                  section 702(b)(1) of the Act, we are                    days after the placement of the CBP data               factual information already on the
                                                  initiating this CVD investigation to                    on the record of the investigation.                    record, to provide an explanation
                                                  determine whether manufacturers,                        Parties wishing to submit rebuttal                     identifying the information already on
                                                  producers, and/or exporters of citric                   comments should submit those                           the record that the factual information
                                                  acid in Thailand receive countervailable                comments five calendar days after the                  seeks to rebut, clarify, or correct. Time
                                                  subsidies from Thai government                          deadline for the initial comments.                     limits for the submission of factual
                                                  authorities.                                               Comments must be filed                              information are addressed in 19 CFR
                                                     Under the Trade Preferences                          electronically using ACCESS. An                        351.301, which provides specific time
                                                  Extension Act of 2015, numerous                         electronically-filed document must be                  limits based on the type of factual
                                                  amendments to the AD and CVD law                        received successfully, in its entirety, by             information being submitted. Parties
                                                  were made.24 The amendments to                          ACCESS no later than 5:00 p.m. ET on                   should review the regulations prior to
                                                  sections 776 and 782 of the Act are                     the date noted above. We intend to                     submitting factual information in this
                                                  applicable to all determinations made                   finalize our decision regarding                        investigation.
                                                  on or after August 6, 2015, and,                        respondent selection within 20 days of                 Extension of Time Limits Regulation
                                                  therefore, apply to this CVD                            publication of this notice.
                                                  investigation.25                                                                                                  Parties may request an extension of
                                                     Based on our review of the Petition,                 Distribution of Copies of the Petition                 time limits before the expiration of a
                                                  we find that there is sufficient                                                                               time limit established under 19 CFR
                                                                                                            In accordance with section
                                                  information to initiate a CVD                                                                                  351.301, or as otherwise specified by the
                                                                                                          702(b)(4)(A)(i) of the Act and 19 CFR
                                                  investigation on all nine alleged                                                                              Secretary. In general, an extension
                                                                                                          351.202(f), a copy of the public version
                                                  programs. For a full discussion of the                                                                         request will be considered untimely if it
                                                                                                          of the Petition has been provided to the
                                                  basis for our decision to initiate on each                                                                     is filed after the expiration of the time
                                                                                                          RTG via ACCESS. To the extent
                                                  program, see the Thailand CVD                                                                                  limit established under 19 CFR 351.301.
                                                                                                          practicable, we will attempt to provide                For submissions that are due from
                                                  Initiation Checklist. A public version of               a copy of the public version of the                    multiple parties simultaneously, an
                                                  the initiation checklist is available on                Petition to each known exporter (as                    extension request will be considered
                                                  ACCESS.                                                 named in the Petition), consistent with
                                                     In accordance with section 703(b)(1)                                                                        untimely if it is filed after 10:00 a.m. on
                                                                                                          19 CFR 351.203(c)(2).                                  the due date. Under certain
                                                  of the Act and 19 CFR 351.205(b)(1),
                                                  unless postponed, we will make our                      ITC Notification                                       circumstances, we may elect to specify
                                                  preliminary determination no later than                   We will notify the ITC of our                        a different time limit by which
                                                  65 days after the date of this initiation.              initiation, as required by section 702(d)              extension requests will be considered
                                                                                                          of the Act.                                            untimely for submissions which are due
                                                  Respondent Selection                                                                                           from multiple parties simultaneously. In
                                                    Based on information from                             Preliminary Determination by the ITC                   such a case, we will inform parties in
                                                  independent sources, the petitioners                       The ITC will preliminarily determine,               the letter or memorandum setting forth
                                                                                                          within 45 days after the date on which                 the deadline (including a specified time)
                                                    23 See Thailand CVD Initiation Checklist, at
                                                                                                          the Petition was filed, whether there is               by which extension requests must be
                                                  Attachment III, Analysis of Allegations and             a reasonable indication that imports of                filed to be considered timely. An
                                                  Evidence of Material Injury and Causation for the                                                              extension request must be made in a
                                                  Antidumping and Countervailing Duty Petitions           citric acid from Thailand are materially
                                                                                                                                                                 separate, stand-alone submission; under
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                                                  Covering Citric Acid and Certain Citrate Salts from     injuring, or threatening material injury
                                                  Belgium, Colombia, and Thailand (Attachment III).       to, a U.S. industry.27 A negative ITC                  limited circumstances we will grant
                                                    24 See Trade Preferences Extension Act of 2015,
                                                                                                          determination will result in the                       untimely-filed requests for the extension
                                                  Public Law 114–27, 129 Stat. 362 (2015). See also,
                                                                                                          investigation being terminated.28                      of time limits. Review Extension of
                                                  Dates of Application of Amendments to the                                                                      Time Limits; Final Rule, 78 FR 57790
                                                  Antidumping and Countervailing Duty Laws Made
                                                  by the Trade Preferences Extension Act of 2015, 80        26 See Petitions, Volume I at 30–31.                 (September 20, 2013), available at
                                                  FR 46793 (August 6, 2015) (Applicability Notice).         27 See section 703(a)(2) of the Act.                 http://www.gpo.gov/fdsys/pkg/FR-2013-
                                                    25 See Applicability Notice, 80 FR at 46794–95.         28 See section 703(a)(1) of the Act.                 09-20/html/2013-22853.htm, prior to


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                                                  29840                            Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                  submitting factual information in this                     The scope also includes all forms of crude          Constitution Avenue NW., Washington,
                                                  investigation.                                          calcium citrate, including dicalcium citrate           DC 20230; telephone: (202) 482–0195.
                                                                                                          monohydrate, and tricalcium citrate
                                                  Certification Requirements                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                          tetrahydrate, which are intermediate
                                                    Any party submitting factual                          products in the production of citric acid,             Background
                                                                                                          sodium citrate, and potassium citrate.
                                                  information in an AD or CVD                                                                                       On December 10, 2001, the
                                                                                                             The scope includes the hydrous and
                                                  proceeding must certify to the accuracy                 anhydrous forms of citric acid, the dihydrate          Department published an amended final
                                                  and completeness of that information.29                 and anhydrous forms of sodium citrate,                 determination of sales at less than fair
                                                  Parties are hereby reminded that revised                otherwise known as citric acid sodium salt,            value, and an antidumping duty order,
                                                  certification requirements are in effect                and the monohydrate and monopotassium                  on honey from the People’s Republic of
                                                  for company/government officials, as                    forms of potassium citrate. Sodium citrate             China (PRC).1 As part of the
                                                  well as their representatives.                          also includes both trisodium citrate and               Department’s amended final
                                                  Investigations initiated on the basis of                monosodium citrate which are also known as             determination, the Department made
                                                  petitions filed on or after August 16,                  citric acid trisodium salt and citric acid             affirmative critical circumstances
                                                                                                          monosodium salt, respectively.
                                                  2013, and other segments of any AD or                                                                          determinations for Zhejiang Native
                                                                                                             The scope does not include calcium citrate
                                                  CVD proceedings initiated on or after                   that satisfies the standards set forth in the          Produce and Animal By-Products
                                                  August 16, 2013, should use the formats                 United States Pharmacopeia and has been                Import & Export Corp., a.k.a. Zhejiang
                                                  for the revised certifications provided at              mixed with a functional excipient, such as             Native Produce and Animal By-Products
                                                  the end of the Final Rule.30 The                        dextrose or starch, where the excipient                Import and Export Group Corporation
                                                  Department intends to reject factual                    constitutes at least 2 percent, by weight, of          (Zhejiang), and certain other firms.2
                                                  submissions if the submitting party does                the product.                                              On January 20, 2003, the Department
                                                  not comply with the applicable revised                     Citric acid and sodium citrate are                  initiated an administrative review of the
                                                  certification requirements.                             classifiable under 2918.14.0000 and                    antidumping duty order on honey from
                                                                                                          2918.15.1000 of the Harmonized Tariff                  the PRC covering the period February
                                                  Notification to Interested Parties                      Schedule of the United States (HTSUS),                 10, 2001, through November 30, 2002.3
                                                                                                          respectively. Potassium citrate and crude
                                                    Interested parties must submit                                                                               In the administrative review, the
                                                                                                          calcium citrate are classifiable under
                                                  applications for disclosure under APO                   2918.15.5000 and, if included in a mixture or          Department determined normal value
                                                  in accordance with 19 CFR 351.305. On                   blend, 3824.99.9295 of the HTSUS. Blends               using a factors of production (FOP)
                                                  January 22, 2008, the Department                        that include citric acid, sodium citrate, and          methodology, pursuant to section 773(c)
                                                  published Antidumping and                               potassium citrate are classifiable under               of the Tariff Act of 1930, as amended
                                                  Countervailing Duty Proceedings:                        3824.99.9295 of the HTSUS. Although the                (the Act) and selected India as the
                                                  Documents Submission Procedures;                        HTSUS subheadings are provided for                     primary surrogate country from which
                                                  APO Procedures, 73 FR 3634 (January                     convenience and customs purposes, the                  to derive surrogate values.
                                                  22, 2008). Parties wishing to participate               written description of the merchandise is                 On May 5, 2004, the Department
                                                                                                          dispositive.                                           published the Final Results.4 On June
                                                  in this investigation should ensure that
                                                  they meet the requirements of these                     [FR Doc. 2017–13824 Filed 6–29–17; 8:45 am]            10, 2004, the Department published the
                                                  procedures (e.g., the filing of letters of              BILLING CODE 3510–DS–P                                 Amended Final Results, which
                                                  appearance as discussed at 19 CFR                                                                              corrected certain ministerial errors.5 In
                                                  351.103(d)).                                                                                                   the Amended Final Results, the
                                                    This notice is issued and published                   DEPARTMENT OF COMMERCE                                 Department corrected the antidumping
                                                  pursuant to sections 702 and 777(i) of                                                                         duty margin for respondent Zhejiang
                                                  the Act.                                                International Trade Administration                     from 68.35 percent to 67.70 percent ad
                                                    Dated: June 22, 2017.                                                                                        valorem.
                                                                                                          [A–570–863]                                               Zhejiang challenged the Final Results
                                                  Ronald K. Lorentzen,
                                                                                                                                                                 and Amended Final Results before the
                                                  Acting Assistant Secretary for Enforcement              Honey From the People’s Republic of                    CIT. On November 19, 2004, the
                                                  and Compliance.                                         China: Notice of Court Decision Not in                 Department amended the record of the
                                                  Appendix                                                Harmony With Final Results of Review                   proceeding to add 11 documents that
                                                                                                          and Notice of Amended Final Results                    were not included in the original
                                                  Scope of the Investigation                              of Review Pursuant to Court Decision
                                                     The merchandise covered by this                                                                               1 See Notice of Amended Final Determination of
                                                  investigation includes all grades and                   AGENCY:   Enforcement and Compliance,                  Sales at Less Than Fair Value and Antidumping
                                                  granulation sizes of citric acid, sodium                International Trade Administration,                    Duty Order; Honey from the People’s Republic of
                                                  citrate, and potassium citrate in their                 Department of Commerce.                                China, 66 FR 63670 (December 10, 2001) (Amended
                                                  unblended forms, whether dry or in solution,            SUMMARY: The Department of Commerce
                                                                                                                                                                 Final Determination and Order).
                                                  and regardless of packaging type. The scope                                                                      2 Id., at 63672.

                                                  also includes blends of citric acid, sodium
                                                                                                          (the Department) is notifying the public                 3 See Initiation of Antidumping and

                                                  citrate, and potassium citrate; as well as              that the Court of International Trade’s                Countervailing Administrative Review and Requests
                                                  blends with other ingredients, such as sugar,           (CIT’s or the Court’s) final judgment in               for Revocation in Part, 68 FR 3009 (January 22,
                                                  where the unblended form(s) of citric acid,             this case is not in harmony with the                   2003) (Initiation Notice).
                                                                                                                                                                   4 See Honey from the People’s Republic of China:
                                                  sodium citrate, and potassium citrate                   Department’s final results of review and
                                                                                                                                                                 Final Results of First Antidumping Duty
                                                  constitute 40 percent or more, by weight, of            is, therefore, amending the final                      Administrative Review, 69 FR 25060 (May 5, 2004),
                                                  the blend.                                              dumping duty margin for one reviewed                   and the accompanying ‘‘Issues and Decision
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          company.                                               Memorandum for the Final Results of the First
                                                    29 See section 782(b) of the Act.                                                                            Administrative Review of the Antidumping Order
                                                    30 See                                                DATES: Effective Date: June 10, 2017.                  on Honey from the People’s Republic of China,’’
                                                           Certification of Factual Information To
                                                  Import Administration During Antidumping and            FOR FURTHER INFORMATION CONTACT: John                  dated April 28, 2004 (Decision Memorandum)
                                                  Countervailing Duty Proceedings, 78 FR 42678 (July      Drury, AD/CVD Operations, Office VI,                   (collectively, Final Results).
                                                  17, 2013) (‘‘Final Rule’’); see also frequently asked                                                            5 See Honey from the People’s Republic of China:

                                                  questions regarding the Final Rule, available at
                                                                                                          Enforcement and Compliance,                            Amended Final Results of First Antidumping Duty
                                                  http://enforcement.trade.gov/tlei/notices/factual_      International Trade Administration,                    Administrative Review, 69 FR 32494 (June 10, 2004)
                                                  info_final_rule_FAQ_07172013.pdf.                       U.S. Department of Commerce, 1401                      (Amended Final Results).



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Document Created: 2017-06-30 06:01:12
Document Modified: 2017-06-30 06:01:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective June 22, 2017.
ContactJohn Conniff at (202) 482-1009, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 29836 

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