83_FR_26110 83 FR 26002 - Citric Acid and Certain Citrate Salts From Colombia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

83 FR 26002 - Citric Acid and Certain Citrate Salts From Colombia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range26002-26004
FR Document2018-12008

The Department of Commerce (Commerce) determines that citric acid and certain citrate salts (citric acid) from Colombia 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 do not exist with respect to imports of the subject merchandise.

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26002-26004]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12008]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-803]


Citric Acid and Certain Citrate Salts From Colombia: Affirmative 
Final Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances

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 Colombia are being, 
or are likely to be, sold in the United States at less than fair

[[Page 26003]]

value (LTFV) during the period of investigation (POI) April 1, 2016, 
through March 31, 2017. In addition, we determine that critical 
circumstances do not exist with respect to imports of the subject 
merchandise.

DATES: Applicable June 5, 2018.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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) 482-3692.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Determination of sales at LTFV 
of citric acid from Colombia 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 Colombia: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Preliminary Negative Critical Circumstances Determination, 
and Postponement of Final Determination and Extension of Provisional 
Measures, 83 FR 791 (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 
Colombia,'' 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 
Colombia. 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 793.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in January and February 2018, we conducted verification of 
the sales and cost information submitted by Sucroal S.A. (Sucroal) 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 Sucroal.

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. 
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

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Sucroal. These changes are discussed in the ``Changes Since the 
Preliminary Determination'' section of the Issues and Decision 
Memorandum.

Final Negative Determination of Critical Circumstances

    In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, 
we preliminarily found that critical circumstances do not exist for the 
mandatory respondent, Sucroal or for exporters and producers not 
individually examined (i.e., ``all-others'').\7\ Commerce received no 
comments regarding this issue after the Preliminary Determination. 
Therefore, for the final determination, our determination remains 
unchanged and we continue to find, in accordance with section 735(a)(3) 
of the Act and 19 CFR 351.206(e), that critical circumstances do not 
exist for Sucroal or the companies covered by the ``all others'' rate.
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, 83 FR at 791; Preliminary 
Decision Memorandum, at 6-10.
---------------------------------------------------------------------------

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 an individual estimated weighted-average 
dumping margin for Sucroal, the only individually examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely 
under section 776 of the Act, the estimated weighted-average dumping 
margin calculated for Sucroal is the margin assigned to all-other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/Producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Sucroal S.A.............................................           28.48

[[Page 26004]]

 
All-Others..............................................           28.48
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties its calculations 
and analysis 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 
Colombia, 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.
    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 margin or 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.

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 
in this investigation 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 
Colombia 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 will serve as a 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. Final Negative Determination of Critical Circumstances
VI. Discussion of the Issues
    Comment 1: Date of Sale
    Comment 2: Whether to Include Minor Corrections from the Sales 
Verification
VII. Recommendation

[FR Doc. 2018-12008 Filed 6-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              26002                           Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

                                              Disclosure                                              proceeding will be terminated and all                  also includes both trisodium citrate and
                                                                                                      cash deposits posted will be refunded or               monosodium citrate which are also known as
                                                Commerce intends to disclose to                                                                              citric acid trisodium salt and citric acid
                                              interested parties the calculations                     canceled. If the ITC determines that
                                                                                                                                                             monosodium salt, respectively.
                                              performed in this final determination                   such injury does exist, Commerce will
                                                                                                                                                                The scope does not include calcium citrate
                                              within five days of any public                          issue an antidumping duty order                        that satisfies the standards set forth in the
                                              announcement in accordance with 19                      directing CBP to assess, upon further                  United States Pharmacopeia and has been
                                              CFR 351.224(b).                                         instruction by Commerce, antidumping                   mixed with a functional excipient, such as
                                                                                                      duties on all imports of the subject                   dextrose or starch, where the excipient
                                              Continuation of Suspension of                           merchandise entered, or withdrawn                      constitutes at least 2 percent, by weight, of
                                              Liquidation                                             from warehouse, for consumption on or                  the product.
                                                                                                      after the effective date of the suspension                Citric acid and sodium citrate are
                                                 In accordance with section                                                                                  classifiable under 2918.14.0000 and
                                              735(c)(1)(B) of the Act, for this final                 of liquidation, as discussed above in the
                                                                                                                                                             2918.15.1000 of the Harmonized Tariff
                                              determination, we will instruct U.S.                    ‘‘Continuation of Suspension of                        Schedule of the United States (HTSUS),
                                              Customs and Border Protection (CBP) to                  Liquidation’’ section.                                 respectively. Potassium citrate and crude
                                              continue the suspension of liquidation                  Notification Regarding Administrative                  calcium citrate are classifiable under
                                              of all appropriate entries of citric acid                                                                      2918.15.5000 and, if included in a mixture or
                                                                                                      Protective Orders                                      blend, 3824.99.9295 of the HTSUS. Blends
                                              from Belgium, as described in Appendix
                                                                                                         This notice serves as the only                      that include citric acid, sodium citrate, and
                                              I of this notice, which were entered, or                                                                       potassium citrate are classifiable under
                                                                                                      reminder to parties subject to an
                                              withdrawn from warehouse, for                                                                                  3824.99.9295 of the HTSUS. Although the
                                                                                                      administrative protective order (APO) of
                                              consumption on or after January 8,                                                                             HTSUS subheadings are provided for
                                                                                                      their responsibility concerning the
                                              2018, the date of publication in the                                                                           convenience and customs purposes, the
                                                                                                      disposition of propriety information
                                              Federal Register of the affirmative                                                                            written description of the merchandise is
                                                                                                      disclosed under APO in accordance                      dispositive.
                                              Preliminary Determination.
                                                                                                      with 19 CFR 351.305(a)(3). Timely
                                                 Pursuant to section 735(c)(1)(B)(ii) of                                                                     Appendix II
                                                                                                      written notification of return or
                                              the Act and 19 CFR 351.10(d),
                                                                                                      destruction of APO materials, or                       List of Topics Discussed in the Issues and
                                              Commerce will instruct CBP to require
                                                                                                      conversion to judicial protective order,               Decision Memorandum
                                              a cash deposit for such entries of
                                                                                                      is hereby requested. Failure to comply                 I. Summary
                                              merchandise equal to the estimated
                                                                                                      with the regulations and terms of an                   II. Background
                                              weighted-average dumping margin or
                                                                                                      APO is a sanctionable violation.                       III. Scope of the Investigation
                                              the estimate all-others rate, as follows:
                                                                                                                                                             IV. Changes Since the Preliminary
                                              (1) The cash deposit rate for the                       Notification to Interested Parties
                                                                                                                                                                   Determination
                                              respondents listed above will be equal                    This determination is issued and                     V. Discussion of Issues
                                              to the respondent-specific estimated                    published in accordance with sections                     Comment 1: Whether a Certain Home
                                              weighted-average dumping margin                         735(d) and 777(i)(1) of the Act and 19                       Market Sale Should Be Considered
                                              determined in this final determination;                 CFR 351.210(c).                                              Outside the Normal Course of Trade
                                              (2) if the exporter is not a respondent                                                                           Comment 2: Correction of Misclassification
                                              identified above but the producer is,                     Dated: May 29, 2018.                                       of Indirect Selling and Inventory
                                              then the cash deposit rate will be equal                Gary Taverman,                                               Carrying Expense as Movement Expenses
                                              to the respondent-specific estimated                    Deputy Assistant Secretary for Antidumping                Comment 3: Short Term Interest Income
                                                                                                      and Countervailing Duty Operations,                          Offset to Interest Expenses
                                              weighted average dumping margin
                                                                                                      performing the non-exclusive functions and                Comment 4: Minor Correction Revising
                                              established for the producer of the                                                                                  Indirect Selling Expense, General and
                                                                                                      duties of the Assistant Secretary for
                                              subject merchandise; and (3) the cash                   Enforcement and Compliance.                                  Administrative, and Financial Expense
                                              deposit rate for all other producers and                                                                             Ratios
                                              exporters will equal to the all-others                  Appendix I                                             VI. Recommendation
                                              estimated weighted-average dumping                      Scope of the Investigation                             [FR Doc. 2018–12012 Filed 6–4–18; 8:45 am]
                                              margin. These suspension of liquidation
                                                                                                         The merchandise covered by this                     BILLING CODE 3510–DS–P
                                              instructions will remain in effect until                investigation includes all grades and
                                              further notice.                                         granulation sizes of citric acid, sodium
                                              International Trade Commission                          citrate, and potassium citrate in their                DEPARTMENT OF COMMERCE
                                                                                                      unblended forms, whether dry or in solution,
                                              Notification                                            and regardless of packaging type. The scope            International Trade Administration
                                                 In accordance with section 735(d) of                 also includes blends of citric acid, sodium
                                                                                                      citrate, and potassium citrate; as well as             [A–301–803]
                                              the Act, we will notify the International
                                              Trade Commission (ITC) of the final                     blends with other ingredients, such as sugar,
                                                                                                      where the unblended form(s) of citric acid,            Citric Acid and Certain Citrate Salts
                                              affirmative determination of sales at                                                                          From Colombia: Affirmative Final
                                                                                                      sodium citrate, and potassium citrate
                                              LTFV. Because Commerce’s final                          constitute 40 percent or more, by weight, of           Determination of Sales at Less Than
                                              determination in this proceeding is                     the blend.                                             Fair Value and Final Negative
                                              affirmative, in accordance with section                    The scope also includes all forms of crude          Determination of Critical
                                              735(b)(2) of the Act, the ITC will make                 calcium citrate, including dicalcium citrate           Circumstances
                                              its final determination as to whether the               monohydrate, and tricalcium citrate
                                              domestic industry in the United States                  tetrahydrate, which are intermediate                   AGENCY:  Enforcement and Compliance,
amozie on DSK3GDR082PROD with NOTICES1




                                              is materially injured, or threatened with               products in the production of citric acid,             International Trade Administration,
                                                                                                      sodium citrate, and potassium citrate.                 Department of Commerce.
                                              material injury, by reason of imports, or
                                                                                                         The scope includes the hydrous and
                                              sales (or the likelihood of sales) for                  anhydrous forms of citric acid, the dihydrate          SUMMARY: The Department of Commerce
                                              importation of citric acid from Belgium                 and anhydrous forms of sodium citrate,                 (Commerce) determines that citric acid
                                              no later than 45 days after this final                  otherwise known as citric acid sodium salt,            and certain citrate salts (citric acid) from
                                              determination. If the ITC determines                    and the monohydrate and monopotassium                  Colombia are being, or are likely to be,
                                              that such injury does not exist, this                   forms of potassium citrate. Sodium citrate             sold in the United States at less than fair


                                         VerDate Sep<11>2014   20:19 Jun 04, 2018   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                                                               Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices                                                      26003

                                              value (LTFV) during the period of                        Scope Comments                                        These changes are discussed in the
                                              investigation (POI) April 1, 2016,                          Prior to the Preliminary                           ‘‘Changes Since the Preliminary
                                              through March 31, 2017. In addition, we                  Determination, we issued a Preliminary                Determination’’ section of the Issues and
                                              determine that critical circumstances do                 Scope Decision Memorandum.4 We                        Decision Memorandum.
                                              not exist with respect to imports of the                 subsequently invited parties to submit                Final Negative Determination of
                                              subject merchandise.                                     additional scope comments in their case               Critical Circumstances
                                              DATES: Applicable June 5, 2018.                          briefs, but received none. Therefore, for
                                                                                                       the final determination, we continue to                 In accordance with section 733(e)(1)
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                       find that the scope of the investigation              of the Act and 19 CFR 351.206, we
                                              Stephanie Moore, AD/CVD Operations,                                                                            preliminarily found that critical
                                              Office III, Enforcement and Compliance,                  as defined in the Initiation Notice 5 and
                                                                                                       the Preliminary Determination 6 remains               circumstances do not exist for the
                                              International Trade Administration,                                                                            mandatory respondent, Sucroal or for
                                              U.S. Department of Commerce, 1401                        applicable. See Appendix I.
                                                                                                                                                             exporters and producers not
                                              Constitution Avenue NW, Washington,                      Verification                                          individually examined (i.e., ‘‘all-
                                              DC 20230; telephone: (202) 482–3692.                                                                           others’’).7 Commerce received no
                                                                                                         As provided in section 782(i) of the
                                              SUPPLEMENTARY INFORMATION:                                                                                     comments regarding this issue after the
                                                                                                       Tariff Act of 1930, as amended (the Act),
                                              Background                                               in January and February 2018, we                      Preliminary Determination. Therefore,
                                                                                                       conducted verification of the sales and               for the final determination, our
                                                Commerce published the Preliminary                                                                           determination remains unchanged and
                                                                                                       cost information submitted by Sucroal
                                              Determination of sales at LTFV of citric                                                                       we continue to find, in accordance with
                                                                                                       S.A. (Sucroal) for use in our final
                                              acid from Colombia on January 8, 2018,                                                                         section 735(a)(3) of the Act and 19 CFR
                                                                                                       determination. We used standard
                                              in which we also postponed the final                                                                           351.206(e), that critical circumstances
                                                                                                       verification procedures, including an
                                              determination until May 26, 2018.1 We                                                                          do not exist for Sucroal or the
                                                                                                       examination of relevant accounting and
                                              invited interested parties to comment on                                                                       companies covered by the ‘‘all others’’
                                                                                                       production records, and original source
                                              the Preliminary Determination.                                                                                 rate.
                                                                                                       documents provided by Sucroal.
                                              Commerce exercised its discretion to
                                              toll all deadlines affected by the closure               Analysis of Comments Received                         All-Others Rate
                                              of the Federal Government from January                      All issues raised in the case and                    Section 735(c)(5)(A) of the Act
                                              20 through 22, 2018. The revised                         rebuttal briefs submitted by the                      provides that, in the final
                                              deadline for the final determination of                  interested parties are addressed in the               determination, Commerce shall
                                              this investigation is now May 29, 2018.2                 Issues and Decision Memorandum. A                     determine an estimated weighted-
                                                A summary of the events that                           list of the issues addressed in the Issues            average dumping margin for all-other
                                              occurred since Commerce published the                    and Decision Memorandum is attached                   exporters and producers not
                                              Preliminary Determination, as well as a                  to this notice at Appendix II. The Issues             individually examined. This rate shall
                                              full discussion of the issues raised by                  and Decision Memorandum is a public                   be an amount equal to the weighted-
                                              parties for this final determination, may                document and is on file electronically                average of the estimated weighted-
                                              be found in the Issues and Decision                      via Enforcement and Compliance’s                      average dumping margins established
                                              Memorandum, which is adopted by this                     Antidumping and Countervailing Duty                   for exporters or producers individually
                                              notice.3                                                 Centralized Electronic Service System                 examined, excluding rates that are zero,
                                                                                                       (ACCESS). ACCESS is available to                      de minimis or determined entirely
                                              Scope of the Investigation
                                                                                                       registered users at https://                          under section 776 of the Act.
                                                 The product covered by this                           access.trade.gov, and it is available to                Commerce calculated an individual
                                              investigation is citric acid from                        all parties in the Central Records Unit,              estimated weighted-average dumping
                                              Colombia. For a full description of the                  Room B–8024 of the main Department                    margin for Sucroal, the only
                                              scope of this investigation, see the                     of Commerce building. In addition, a                  individually examined exporter/
                                              ‘‘Scope of the Investigation’’ in                        complete version of the Issues and                    producer in this investigation. Because
                                              Appendix I of this notice.                               Decision Memorandum can be accessed                   the only individually calculated
                                                                                                       directly at http://enforcement.trade.gov/             dumping margin is not zero, de
                                                 1 See Citric Acid and Certain Citrate Salts from
                                                                                                       frn/index.html. The signed and                        minimis, or based entirely under section
                                              Colombia: Preliminary Affirmative Determination of                                                             776 of the Act, the estimated weighted-
                                              Sales at Less Than Fair Value, Preliminary Negative
                                                                                                       electronic versions of the Issues and
                                              Critical Circumstances Determination, and                Decision Memorandum are identical in                  average dumping margin calculated for
                                              Postponement of Final Determination and                  content.                                              Sucroal is the margin assigned to all-
                                              Extension of Provisional Measures, 83 FR 791                                                                   other producers and exporters, pursuant
                                              (January 8, 2018) (Preliminary Determination), and       Changes Since the Preliminary                         to section 735(c)(5)(A) of the Act.
                                              accompanying Preliminary Decision Memorandum.            Determination
                                                 2 See Memorandum for The Record from                                                                        Final Determination
                                              Christian Marsh, Deputy Assistant Secretary for            Based on our analysis of the
                                              Enforcement and Compliance, performing the non-          comments received and our findings at                   The final estimated weighted-average
                                              exclusive functions and duties of the Assistant          verification, we made certain changes to              dumping margins are as follows:
                                              Secretary for Enforcement and Compliance,
                                              ‘‘Deadlines Affected by the Shutdown of the
                                                                                                       the margin calculations for Sucroal.
                                                                                                                                                                                                       Estimated
                                              Federal Government’’ (Tolling Memorandum),                                                                                                               weighted-
                                                                                                         4 See  Memorandum ‘‘Scope Comments Decision
                                              dated January 23, 2018. All deadlines in this                                                                                                             average
amozie on DSK3GDR082PROD with NOTICES1




                                              segment of the proceeding have been extended by          Memorandum for the Preliminary Determinations,’’              Exporter/Producer                 dumping
                                              3 days.                                                  dated December 1, 2017 (Preliminary Scope
                                                                                                                                                                                                        margin
                                                 3 See Memorandum, ‘‘Issues and Decision               Decision Memorandum).
                                                                                                          5 See Citric Acid and Certain Citrate Salts from
                                                                                                                                                                                                       (percent)
                                              Memorandum for the Final Affirmative
                                              Determination in the Less-Than- Fair-Value               Belgium, Colombia, and Thailand: Initiation of
                                                                                                       Less-Than-Fair-Value Investigations, 82 FR 29828
                                                                                                                                                             Sucroal S.A ...........................         28.48
                                              Investigation of Citric Acid and Certain Citrate Salts
                                              from Colombia,’’ dated concurrently with, and            (June 30, 2017) (Initiation Notice) and
                                              hereby adopted by, this notice (Issues and Decision      accompanying Initiation Checklist.                      7 See Preliminary Determination, 83 FR at 791;

                                              Memorandum).                                                6 See Preliminary Determination, 83 FR at 793.     Preliminary Decision Memorandum, at 6–10.



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                                              26004                           Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

                                                                                     Estimatedis materially injured, or threatened with                      tetrahydrate, which are intermediate
                                                                                     weighted-material injury, by reason of imports, or                      products in the production of citric acid,
                                                                                      average sales (or the likelihood of sales) for                         sodium citrate, and potassium citrate.
                                                    Exporter/Producer                                                                                           The scope includes the hydrous and
                                                                                     dumping
                                                                                      margin  importation of citric acid from Colombia
                                                                                                                                                             anhydrous forms of citric acid, the dihydrate
                                                                                     (percent)no later than 45 days after this final                         and anhydrous forms of sodium citrate,
                                                                                              determination. If the ITC determines                           otherwise known as citric acid sodium salt,
                                              All-Others .............................. 28.48 that such injury does not exist, this                          and the monohydrate and monopotassium
                                                                                              proceeding will be terminated and all                          forms of potassium citrate. Sodium citrate
                                              Disclosure                                      cash deposits posted will be refunded or                       also includes both trisodium citrate and
                                                                                              canceled. If the ITC determines that                           monosodium citrate which are also known as
                                                 Commerce intends to disclose to                                                                             citric acid trisodium salt and citric acid
                                              interested parties its calculations and         such injury does exist, Commerce will
                                                                                                                                                             monosodium salt, respectively.
                                              analysis performed in this final                issue an antidumping duty order
                                                                                                                                                                The scope does not include calcium citrate
                                              determination within five days of any           directing CBP to assess, upon further                          that satisfies the standards set forth in the
                                              public announcement in accordance               instruction by Commerce, antidumping                           United States Pharmacopeia and has been
                                              with 19 CFR 351.224(b).                         duties on all imports of the subject                           mixed with a functional excipient, such as
                                                                                              merchandise entered, or withdrawn                              dextrose or starch, where the excipient
                                              Continuation of Suspension of                   from warehouse, for consumption on or                          constitutes at least 2 percent, by weight, of
                                              Liquidation                                     after the effective date of the suspension                     the product.
                                                                                              of liquidation, as discussed above in the                         Citric acid and sodium citrate are
                                                 In accordance with section                                                                                  classifiable under 2918.14.0000 and
                                              735(c)(1)(B) of the Act, for this final         ‘‘Continuation of Suspension of
                                                                                                                                                             2918.15.1000 of the Harmonized Tariff
                                              determination, we will direct U.S.              Liquidation’’ section.                                         Schedule of the United States (HTSUS),
                                              Customs and Border Protection (CBP) to Notification Regarding Administrative                                   respectively. Potassium citrate and crude
                                              continue to suspend liquidation of all          Protective Orders                                              calcium citrate are classifiable under
                                              entries of citric acid from Colombia, as                                                                       2918.15.5000 and, if included in a mixture or
                                              described in Appendix I of this notice,            This notice will serve as a reminder                        blend, 3824.99.9295 of the HTSUS. Blends
                                                                                              to parties subject to an administrative                        that include citric acid, sodium citrate, and
                                              which are entered, or withdrawn from                                                                           potassium citrate are classifiable under
                                              warehouse, for consumption on or after          protective order (APO) of their
                                                                                              responsibility concerning the                                  3824.99.9295 of the HTSUS. Although the
                                              January 8, 2018, the date of publication                                                                       HTSUS subheadings are provided for
                                              in the Federal Register of the affirmative disposition of propriety information                                convenience and customs purposes, the
                                              Preliminary Determination.                      disclosed under APO in accordance                              written description of the merchandise is
                                                 Pursuant to section 735(c)(1)(B)(ii) of      with 19 CFR 351.305(a)(3). Timely                              dispositive.
                                              the Act and 19 CFR 351.10(d),                   written notification of return or
                                                                                              destruction of APO materials, or                               Appendix II
                                              Commerce will instruct CBP to require
                                              a cash deposit for such entries of              conversion to judicial protective order,
                                                                                                                                                             List of Topics Discussed in the Issues and
                                              merchandise equal to the estimated              is hereby requested. Failure to comply                         Decision Memorandum
                                              weighted-average dumping margin or              with the regulations and terms of an
                                                                                              APO is a sanctionable violation.                               I. Summary
                                              the estimate all-others rate, as follows:                                                                      II. Background
                                              (1) The cash deposit rate for the               Notification to Interested Parties                             III. Scope of the Investigation
                                              respondents listed above will be equal                                                                         IV. Changes Since the Preliminary
                                                                                                 This determination is issued and                                  Determination
                                              to the respondent-specific estimated
                                                                                              published in accordance with sections                          V. Final Negative Determination of Critical
                                              weighted-average dumping margin
                                                                                              735(d) and 777(i)(1) of the Act and 19                               Circumstances
                                              determined in this final determination;
                                                                                              CFR 351.210(c).                                                VI. Discussion of the Issues
                                              (2) if the exporter is not a respondent                                                                           Comment 1: Date of Sale
                                              identified above but the producer is,             Dated: May 29, 2018.
                                                                                                                                                                Comment 2: Whether to Include Minor
                                              then the cash deposit rate will be equal        Gary Taverman,                                                       Corrections from the Sales Verification
                                              to the respondent-specific estimated            Deputy Assistant Secretary for Antidumping                     VII. Recommendation
                                              weighted average dumping margin                 and Countervailing Duty Operations,                            [FR Doc. 2018–12008 Filed 6–4–18; 8:45 am]
                                              established for the producer of the             performing the non-exclusive functions and
                                                                                                                                                             BILLING CODE 3510–DS–P
                                              subject merchandise; and (3) the cash           duties of the Assistant Secretary for
                                              deposit rate for all other producers and        Enforcement and Compliance.
                                              exporters will equal to the all-others          Appendix I                                                     DEPARTMENT OF COMMERCE
                                              estimated weighted-average dumping
                                              margin. These suspension of liquidation Scope of the Investigation                                             International Trade Administration
                                              instructions will remain in effect until          The merchandise covered by this                              [C–549–834]
                                              further notice.                                 investigation includes all grades and
                                              International Trade Commission                          granulation sizes of citric acid, sodium               Citric Acid and Certain Citrate Salts
                                              Notification                                            citrate, and potassium citrate in their                From Thailand: Final Negative
                                                                                                      unblended forms, whether dry or in solution,           Countervailing Duty Determination,
                                                 In accordance with section 735(d) of                 and regardless of packaging type. The scope            and Final Negative Critical
                                              the Act, we will notify the International               also includes blends of citric acid, sodium
                                                                                                                                                             Circumstances Determination
                                              Trade Commission (ITC) of the final                     citrate, and potassium citrate; as well as
amozie on DSK3GDR082PROD with NOTICES1




                                              affirmative determination of sales at                   blends with other ingredients, such as sugar,          AGENCY:  Enforcement and Compliance,
                                              LTFV. Because Commerce’s final                          where the unblended form(s) of citric acid,            International Trade Administration,
                                                                                                      sodium citrate, and potassium citrate                  Department of Commerce.
                                              determination in this investigation is                  constitute 40 percent or more, by weight, of
                                              affirmative, in accordance with section                 the blend.                                             SUMMARY: The Department of Commerce
                                              735(b)(2) of the Act, the ITC will make                    The scope also includes all forms of crude          (Commerce) determines that
                                              its final determination as to whether the               calcium citrate, including dicalcium citrate           countervailable subsidies are not being
                                              domestic industry in the United States                  monohydrate, and tricalcium citrate                    provided to producers and exporters of


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Document Created: 2018-11-02 11:47:08
Document Modified: 2018-11-02 11:47:08
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
DatesApplicable June 5, 2018.
ContactStephanie Moore, 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) 482-3692.
FR Citation83 FR 26002 

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