83 FR 25998 - Citric Acid and Certain Citrate Salts From Thailand: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 108 (June 5, 2018)
International Trade Administration
Federal Register Volume 83, Issue 108 (June 5, 2018)
| Page Range | 25998-26000 | |
| FR Document | 2018-12009 |
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)] [Notices] [Pages 25998-26000] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12009] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-549-833] Citric Acid and Certain Citrate Salts From Thailand: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that citric acid and certain citrate salts (citric acid) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) April 1, 2016, through March 31, 2017. In addition, we determine that critical circumstances exist with respect to certain imports of the subject merchandise. DATES: Applicable June 5, 2018. FOR FURTHER INFORMATION CONTACT: Joy Zhang (COFCO), George McMahon (Niran), or Cindy Robinson (Sunshine), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1168, (202) 482-1167, or (202) 482-3797, respectively. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Determination of sales at LTFV of citric acid from Thailand on January 8, 2018, in which we also postponed the final determination until May 26, 2018.\1\ We invited interested parties to comment on the Preliminary Determination. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the final determination of this investigation is now May 29, 2018.\2\ --------------------------------------------------------------------------- \1\ See Citric Acid and Certain Citrate Salts from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, in Part, and Postponement of Final Determination and Extension of Provisional Measures, 83 FR 784 (January 8, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. \2\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is adopted by this notice.\3\ --------------------------------------------------------------------------- \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than- Fair-Value Investigation of Citric Acid and Certain Citrate Salts from Thailand,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is citric acid from Thailand. For a full description of the scope of this investigation, see the ``Scope of the Investigation'' in Appendix I of this notice. Scope Comments Prior to the Preliminary Determination, we issued a Preliminary Scope Decision Memorandum.\4\ We subsequently invited parties to submit additional scope comments in their case briefs, but received none. Therefore, for the final determination, we continue to find that the scope of the investigation as defined in the Initiation Notice \5\ and the Preliminary Determination \6\ remains applicable. See Appendix I. --------------------------------------------------------------------------- \4\ See Memorandum ``Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated December 1, 2017 (Preliminary Scope Decision Memorandum). \5\ See Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 82 FR 29828 (June 30, 2017) (Initiation Notice) and accompanying Initiation Checklist. \6\ See Preliminary Determination, 83 FR at 786. --------------------------------------------------------------------------- [[Page 25999]] Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), from January through March 2018, we conducted verification of the sales and cost information submitted by respondents, COFCO Biochemical (Thailand) Co., Ltd. (COFCO), Niran (Thailand) Co., Ltd. (Niran), and Sunshine Biotech International Co., Ltd. (Sunshine) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by COFCO, Niran, and Sunshine. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by the interested parties are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination In accordance with sections 776(a)(1) and 776(a)(2)(A)-(D) of the Act, we have applied partial adverse facts available (AFA) to Sunshine with respect to the cost of a product which Sunshine sold during the POI but did not produce during the POI because Sunshine failed, prior to the cost verification, to fully disclose the fact that additional materials and equipment were necessary to produce this product compared to other products that were produced and sold during the POI. In addition, we made certain changes to the margin calculations for COFCO, Niran, and Sunshine. These changes are discussed in the ``Changes Since the Preliminary Determination'' section of the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, we preliminarily found that critical circumstances exist with respect to imports of citric acid from one of the mandatory respondents, Niran, and do not exist with respect to COFCO, Sunshine and the companies covered by the ``all others'' rate.\7\ Commerce received no comments regarding this issue after the Preliminary Determination. Therefore, based on our analysis, for the final determination we continue to find that, in accordance with section 735(a)(3) of the Act, and 19 CFR 351.206, critical circumstances exist with respect to subject merchandise produced or exported by Niran, but do not exist with respect to COFCO, Sunshine and the companies covered by the ``all others'' rate. --------------------------------------------------------------------------- \7\ See Preliminary Decision Memorandum, at 8-13. --------------------------------------------------------------------------- All-Others Rate Section 735(c)(5)(A) of the Act provides that, in the final determination, Commerce shall determine an estimated weighted-average dumping margin for all-other exporters and producers not individually examined. This rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters or producers individually examined, excluding rates that are zero, de minimis or determined entirely under section 776 of the Act. Commerce calculated the all-others rate based on a weighted average of the estimated weighted-average dumping margins calculated for the three mandatory respondents: COFCO, Niran, and Sunshine, none of which are zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others' rate using a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's business proprietary data for the merchandise under consideration.\8\ --------------------------------------------------------------------------- \8\ For a complete analysis of the data, please see the All- Others Rate Calculation Memorandum dated concurrently with this notice. --------------------------------------------------------------------------- Final Determination The final estimated weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Estimated weighted- Exporter/Producer average dumping margin (percent) ------------------------------------------------------------------------ COFCO Biochemical (Thailand) Co., Ltd. (COFCO).......... 15.71 Niran (Thailand) Co., Ltd. (Niran)...................... 13.00 Sunshine Biotech International Co., Ltd. (Sunshine)..... 6.47 All-Others.............................................. 11.25 ------------------------------------------------------------------------ Disclosure We will disclose to interested parties the calculations performed in this final determination within five days of any public announcement in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of citric acid from Thailand, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after January 8, 2018, the date of publication in the Federal Register of the affirmative Preliminary Determination. For entries made by Niran, in accordance with section 735(c)(4)(A) of the Act, because we continue to find that critical circumstances exist, we will instruct CBP to continue to suspend liquidation of all appropriate entries of citric acid from Thailand which were entered, or withdrawn from warehouse, for consumption on or after October 10, 2017, which is 90 days prior to the date of publication of the Preliminary Determination. Additionally, for entries made by companies covered by the ``all others'' rate, in accordance with section 735(c)(4)(B) of the Act, because we continue to find that critical circumstances do not exist with regard to imports from all other producers and exporters of citric acid from Thailand, we will instruct CBP to continue to suspend liquidation of all appropriate entries of citric acid from Thailand which were entered, or withdrawn from warehouse, for consumption on or after January 8, 2018, which is the date of publication of the Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.10(d), Commerce will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margins or [[Page 26000]] the estimate all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the respondent-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weighted average dumping margin established for the producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for countervailable export subsidies, Commerce offsets the estimated weighted-average dumping margin by the appropriate CVD rate. However, in the companion CVD final determination, Commerce has determined that no countervailable export subsidies are being provided to the production or exportation of subject merchandise. Accordingly, we made no adjustment for the export subsidy offset to the estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of citric acid from Thailand no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: May 29, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Use of Partial Facts Available VI. Final Affirmative Determination of Critical Circumstances, in Part VII. Discussion of the Issues COFCO Comment 1: The Levels of Trade that Exist in the U.S. and Home Market (HM) Comment 2: Whether to Modify COFCO's General and Administrative (G&A) Expense Rate for Certain Offsetting Income Comment 3: Whether to Modify COFCO's G&A Expense Rate for Allowance for Doubtful Accounts Comment 4: Imputed Interest Expense from Affiliated Party Loans Niran Comment 5: Whether to Include Minor Corrections from the Sales and Cost Verifications Sunshine Comment 6: Whether to Base Sunshine's Cost of Production for Trisodium Citrate (TSC) on Partial Adverse Facts Available Comment 7: Whether to Increase Sunshine's Raw Material Costs to Account for Excluded Cassava Costs Comment 8: Whether to Exclude Sunshine's Waived Interest Expenses VIII. Recommendation [FR Doc. 2018-12009 Filed 6-4-18; 8:45 am] BILLING CODE 3510-DS-P
![25998 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
Public Participation information provided such as names, determination until May 26, 2018.1 We
The meeting will be open to the addresses, email addresses, or telephone invited interested parties to comment on
public and will be accessible to people numbers. the Preliminary Determination.
with disabilities. All comments and statements Commerce exercised its discretion to
All guests are required to register in received, including attachments and toll all deadlines affected by the closure
advance by the deadline identified other supporting materials, are part of of the Federal Government from January
under the DATE caption. Requests to the public record and subject to public 20 through 22, 2018. The revised
register (including to speak or for disclosure. You should submit only deadline for the final determination of
auxiliary aids) and any written information that you are prepared to this investigation is now May 29, 2018.2
comments should be submitted by have made publicly available. A summary of the events that
either of the following methods: (a) II. Meeting Minutes occurred since Commerce published the
Electronic Submission: Submit Preliminary Determination, as well as a
Copies of TFAC meeting minutes will
statements electronically to Ericka full discussion of the issues raised by
be available within 90 days of the
Ukrow, U.S. Department of Commerce parties for this final determination, may
meeting.
Trade Finance Advisory Council be found in the Issues and Decision
Designated Federal Officer, via email to Dated: May 30, 2018. Memorandum, which is adopted by this
TFAC@trade.gov; or (b) Paper Michael Fuchs, notice.3
Submissions: Send paper statements to Trade and Project Finance Team Lead, Office
of Finance and Insurance Industries.
Scope of the Investigation
Ericka Ukrow, U.S. Department of
Commerce Trade Finance Advisory [FR Doc. 2018–12062 Filed 6–4–18; 8:45 am] The product covered by this
Council Designated Federal Officer, BILLING CODE P investigation is citric acid from
Room 18002, 1401 Constitution Avenue Thailand. For a full description of the
NW, Washington, DC 20230. Last scope of this investigation, see the
minute requests will be accepted, but DEPARTMENT OF COMMERCE ‘‘Scope of the Investigation’’ in
may be impossible to fill. Appendix I of this notice.
There will be fifteen (15) minutes International Trade Administration
allotted for oral comments from Scope Comments
[A–549–833]
members of the public joining the Prior to the Preliminary
meeting. To accommodate as many Citric Acid and Certain Citrate Salts Determination, we issued a Preliminary
speakers as possible, the time for public From Thailand: Affirmative Final Scope Decision Memorandum.4 We
comments may be limited to three (3) Determination of Sales at Less Than subsequently invited parties to submit
minutes per person. Individuals wishing Fair Value and Final Affirmative additional scope comments in their case
to reserve speaking time during the Determination of Critical briefs, but received none. Therefore, for
meeting must submit a request at the Circumstances in Part the final determination, we continue to
time of registration, as well as the name find that the scope of the investigation
AGENCY: Enforcement and Compliance,
and address of the proposed speaker. If as defined in the Initiation Notice 5 and
International Trade Administration,
the number of registrants requesting to the Preliminary Determination 6 remains
Department of Commerce.
make statements is greater than can be applicable. See Appendix I.
SUMMARY: The Department of Commerce
reasonably accommodated during the
meeting, the International Trade (Commerce) determines that citric acid
1 See Citric Acid and Certain Citrate Salts from
Administration may conduct a lottery to and certain citrate salts (citric acid) from
Thailand: Preliminary Affirmative Determination of
determine the speakers. Thailand are being, or are likely to be, Sales at Less Than Fair Value, Preliminary
Speakers are requested to submit a sold in the United States at less than fair Affirmative Critical Circumstances Determination,
written copy of their prepared remarks value (LTFV) during the period of in Part, and Postponement of Final Determination
investigation (POI) April 1, 2016, and Extension of Provisional Measures, 83 FR 784
by 5:00 p.m. EDT on June 14, 2018, for (January 8, 2018) (Preliminary Determination), and
inclusion in the meeting records and for through March 31, 2017. In addition, we accompanying Preliminary Decision Memorandum.
circulation to the members of the determine that critical circumstances 2 See Memorandum for The Record from
Council. In addition, any member of the exist with respect to certain imports of Christian Marsh, Deputy Assistant Secretary for
the subject merchandise. Enforcement and Compliance, performing the non-
public may submit pertinent written exclusive functions and duties of the Assistant
comments concerning matters relevant DATES: Applicable June 5, 2018. Secretary for Enforcement and Compliance,
to the TFAC’s responsibilities at any FOR FURTHER INFORMATION CONTACT: Joy ‘‘Deadlines Affected by the Shutdown of the
Zhang (COFCO), George McMahon Federal Government’’ (Tolling Memorandum),
time before or after the meeting. dated January 23, 2018. All deadlines in this
Comments may be submitted to Ericka (Niran), or Cindy Robinson (Sunshine), segment of the proceeding have been extended by
Ukrow, at the contact information AD/CVD Operations, Office III, 3 days.
indicated above. To be considered Enforcement and Compliance, 3 See Memorandum, ‘‘Issues and Decision
during the meeting, comments must be International Trade Administration, Memorandum for the Final Affirmative
Determination in the Less-Than- Fair-Value
received no later than 5 p.m. EDT on U.S. Department of Commerce, 1401 Investigation of Citric Acid and Certain Citrate Salts
June 14, 2018, to ensure transmission to Constitution Avenue NW, Washington, from Thailand,’’ dated concurrently with, and
the Council members prior to the DC 20230; telephone: (202) 482–1168, hereby adopted by, this notice (Issues and Decision
meeting. Comments received after that (202) 482–1167, or (202) 482–3797, Memorandum).
4 See Memorandum ‘‘Scope Comments Decision
date and time will be distributed to the respectively.
amozie on DSK3GDR082PROD with NOTICES1
Memorandum for the Preliminary Determinations,’’
members but may not be considered SUPPLEMENTARY INFORMATION: dated December 1, 2017 (Preliminary Scope
during the meeting. Comments and Decision Memorandum).
statements will be posted on the U.S. Background 5 See Citric Acid and Certain Citrate Salts from
Department of Commerce Trade Finance Commerce published the Preliminary Belgium, Colombia, and Thailand: Initiation of
Less-Than-Fair-Value Investigations, 82 FR 29828
Advisory Council website (http:// Determination of sales at LTFV of citric (June 30, 2017) (Initiation Notice) and
trade.gov/TFAC) without change, acid from Thailand on January 8, 2018, accompanying Initiation Checklist.
including any business or personal in which we also postponed the final 6 See Preliminary Determination, 83 FR at 786.
VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1](https://thefederalregister.org/doc/83_FR_26106/page/1.svg)
![26000 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
the estimate all-others rate, as follows: such injury does exist, Commerce will forms of potassium citrate. Sodium citrate
(1) The cash deposit rate for the issue an antidumping duty order also includes both trisodium citrate and
respondents listed above will be equal directing CBP to assess, upon further monosodium citrate which are also known as
to the respondent-specific estimated instruction by Commerce, antidumping citric acid trisodium salt and citric acid
weighted-average dumping margin duties on all imports of the subject monosodium salt, respectively.
determined in this final determination; merchandise entered, or withdrawn The scope does not include calcium citrate
from warehouse, for consumption on or that satisfies the standards set forth in the
(2) if the exporter is not a respondent
United States Pharmacopeia and has been
identified above but the producer is, after the effective date of the suspension
mixed with a functional excipient, such as
then the cash deposit rate will be equal of liquidation, as discussed above in the
dextrose or starch, where the excipient
to the respondent-specific estimated ‘‘Continuation of Suspension of constitutes at least 2 percent, by weight, of
weighted average dumping margin Liquidation’’ section. the product.
established for the producer of the Notification Regarding Administrative Citric acid and sodium citrate are
subject merchandise; and (3) the cash Protective Orders classifiable under 2918.14.0000 and
deposit rate for all other producers and 2918.15.1000 of the Harmonized Tariff
exporters will equal to the all-others This notice serves as the only Schedule of the United States (HTSUS),
estimated weighted-average dumping reminder to parties subject to an respectively. Potassium citrate and crude
margin. These suspension of liquidation administrative protective order (APO) of calcium citrate are classifiable under
instructions will remain in effect until their responsibility concerning the 2918.15.5000 and, if included in a mixture or
further notice. disposition of propriety information blend, 3824.99.9295 of the HTSUS. Blends
Commerce normally adjusts cash disclosed under APO in accordance that include citric acid, sodium citrate, and
deposits for estimated antidumping with 19 CFR 351.305(a)(3). Timely potassium citrate are classifiable under
written notification of return or 3824.99.9295 of the HTSUS. Although the
duties by the amount of export subsidies
destruction of APO materials, or HTSUS subheadings are provided for
countervailed in a companion
conversion to judicial protective order, convenience and customs purposes, the
countervailing duty (CVD) proceeding, written description of the merchandise is
when CVD provisional measures are in is hereby requested. Failure to comply
with the regulations and terms of an dispositive.
effect. Accordingly, where Commerce
makes an affirmative determination for APO is a sanctionable violation. Appendix II
countervailable export subsidies, Notification to Interested Parties
Commerce offsets the estimated List of Topics Discussed in the Issues and
weighted-average dumping margin by This determination is issued and Decision Memorandum
the appropriate CVD rate. However, in published in accordance with sections I. Summary
the companion CVD final 735(d) and 777(i)(1) of the Act and 19 II. Background
determination, Commerce has CFR 351.210(c). III. Scope of the Investigation
determined that no countervailable Dated: May 29, 2018. IV. Changes Since the Preliminary
Determination
export subsidies are being provided to Gary Taverman,
V. Use of Partial Facts Available
the production or exportation of subject Deputy Assistant Secretary for Antidumping VI. Final Affirmative Determination of
merchandise. Accordingly, we made no and Countervailing Duty Operations, Critical Circumstances, in Part
adjustment for the export subsidy offset performing the non-exclusive functions and
VII. Discussion of the Issues
to the estimated weighted-average duties of the Assistant Secretary for
COFCO
dumping margin. These suspension of Enforcement and Compliance.
Comment 1: The Levels of Trade that Exist
liquidation instructions will remain in Appendix I in the U.S. and Home Market (HM)
effect until further notice. Comment 2: Whether to Modify COFCO’s
Scope of the Investigation General and Administrative (G&A)
International Trade Commission Expense Rate for Certain Offsetting
Notification The merchandise covered by this
investigation includes all grades and Income
In accordance with section 735(d) of granulation sizes of citric acid, sodium Comment 3: Whether to Modify COFCO’s
the Act, we will notify the International citrate, and potassium citrate in their G&A Expense Rate for Allowance for
Trade Commission (ITC) of the final unblended forms, whether dry or in solution, Doubtful Accounts
affirmative determination of sales at and regardless of packaging type. The scope Comment 4: Imputed Interest Expense from
also includes blends of citric acid, sodium Affiliated Party Loans
LTFV. Because Commerce’s final
citrate, and potassium citrate; as well as Niran
determination is affirmative, in Comment 5: Whether to Include Minor
blends with other ingredients, such as sugar,
accordance with section 735(b)(2) of the where the unblended form(s) of citric acid, Corrections from the Sales and Cost
Act, the ITC will make its final sodium citrate, and potassium citrate Verifications
determination as to whether the constitute 40 percent or more, by weight, of Sunshine
domestic industry in the United States the blend. Comment 6: Whether to Base Sunshine’s
is materially injured, or threatened with The scope also includes all forms of crude Cost of Production for Trisodium Citrate
material injury, by reason of imports, or calcium citrate, including dicalcium citrate (TSC) on Partial Adverse Facts Available
sales (or the likelihood of sales) for monohydrate, and tricalcium citrate Comment 7: Whether to Increase
importation of citric acid from Thailand tetrahydrate, which are intermediate Sunshine’s Raw Material Costs to
products in the production of citric acid, Account for Excluded Cassava Costs
no later than 45 days after this final
amozie on DSK3GDR082PROD with NOTICES1
sodium citrate, and potassium citrate. Comment 8: Whether to Exclude
determination. If the ITC determines The scope includes the hydrous and
that such injury does not exist, this Sunshine’s Waived Interest Expenses
anhydrous forms of citric acid, the dihydrate VIII. Recommendation
proceeding will be terminated and all and anhydrous forms of sodium citrate,
cash deposits posted will be refunded or otherwise known as citric acid sodium salt, [FR Doc. 2018–12009 Filed 6–4–18; 8:45 am]
canceled. If the ITC determines that and the monohydrate and monopotassium BILLING CODE 3510–DS–P
VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1](https://thefederalregister.org/doc/83_FR_26106/page/3.svg)
Document Created: 2018-11-02 11:47:21
Document Modified: 2018-11-02 11:47:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable June 5, 2018. | |
| Contact | Joy Zhang (COFCO), George McMahon (Niran), or Cindy Robinson (Sunshine), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1168, (202) 482-1167, or (202) 482-3797, respectively. | |
| FR Citation | 83 FR 25998 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR