83 FR 26004 - Citric Acid and Certain Citrate Salts From Thailand: Final Negative Countervailing Duty Determination, and Final Negative Critical Circumstances Determination
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 | 26004-26006 | |
| FR Document | 2018-12011 |
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)] [Notices] [Pages 26004-26006] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12011] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-549-834] Citric Acid and Certain Citrate Salts From Thailand: Final Negative Countervailing Duty Determination, and Final Negative Critical Circumstances Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of [[Page 26005]] citric acid and certain citrate salts (citric acid) from Thailand. The period of investigation is January 1, 2016, through December 31, 2016. 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: John Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-1009 or 202-482-8362, respectively. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Determination on November 3, 2017.\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\ On February 23, 2018, Commerce issued a Post- Preliminary Results Decision Memorandum with respect to New Subsidy Allegations.\3\ --------------------------------------------------------------------------- \1\ See Citric Acid and Certain Citrate Salts from Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 51216 (November 3, 2017) (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. \3\ See Commerce Post-Preliminary Results Decision Memorandum Regarding New Subsidy Allegations dated February 23, 2018. --------------------------------------------------------------------------- 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 hereby adopted by this notice.\4\ --------------------------------------------------------------------------- \4\ See Memorandum from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance ``Decision Memorandum for the Final Negative Countervailing Duty Determination and Final Negative Critical Circumstances Determination of Citric Acid and Certain Citrate Salts from Thailand,'' dated concurrently with 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.\5\ 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 \6\ and the Preliminary Determination \7\ remains applicable. See Appendix I. --------------------------------------------------------------------------- \5\ See Memorandum ``Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated December 1, 2017 (Preliminary Scope Decision Memorandum). \6\ 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. \7\ See Preliminary Determination, 82 FR at 51216. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in November and December 2017, we conducted verification of the information submitted by the Royal Thai Government (RTG); 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 the RTG, COFCO, Niran, and Sunshine. Analysis of Subsidy Programs and 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 Based on our analysis of the comments received and our findings at verification, we made certain changes to the respondents' subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Final Negative Determination of Critical Circumstances In the Preliminary Determination, Commerce explained that a finding of critical circumstances is only relevant if, due to an affirmative preliminary or affirmative final determination, there is a suspension of liquidation.\8\ However, Commerce preliminarily determined that the mandatory respondents received de minimis net subsidy rates. Thus, Commerce issued a negative Preliminary Determination, did not suspend liquidation, and preliminarily found that critical circumstances did not exist.\9\ --------------------------------------------------------------------------- \8\ See Preliminary Decision Memorandum at 5. \9\ Id. at 5; see also Preliminary Determination, 82 FR at 51217. --------------------------------------------------------------------------- We continue to find that the mandatory respondents received de minimis net subsidy rates and, thus, we have issued a negative final determination. Accordingly, we also continue to find that critical circumstances do not exist. Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have calculated individual rates for the three producers/exporters of subject merchandise that are under investigation. We determine that the total net countervailable subsidy rates are as follows: [[Page 26006]] ------------------------------------------------------------------------ Ad Valorem Rate Company (% de minimis) ------------------------------------------------------------------------ COFCO Biochemical (Thailand) Co., Ltd. (COFCO)....... 0.00 Niran (Thailand) Co., Ltd. (Niran)................... 0.00 Sunshine Biotech International Co., Ltd. (Sunshine).. 0.21 ------------------------------------------------------------------------ The Department has not calculated an all-others rate because it has not reached an affirmative final determination. In the Preliminary Determination, the total net countervailable subsidy rates for the three companies were de minimis and, therefore, we did not suspend liquidation. Because the rates for the three companies remain de minimis, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of citric acid from Thailand. 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). International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. As our final determination is negative, this proceeding is terminated. Notification Regarding Administrative Protective Orders (APOs) This notice serves as the only reminder to parties subject to Administrative Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. 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 Final Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. New Subsidy Allegation V. Subsidies Valuation VI. Benchmark and Discount Rates VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Should Include Respondents' Imports of Chinese-Origin Machinery and Equipment Made Pursuant to the Association of Southeast Asian Nations (ASEAN)-China Free Trade Area (FTA) in the Benefit Calculation of the IPA Section 28 Program Comment 2: Whether Subsidies Received by COFCO Biochemical (Thailand) Co., Ltd.'s (COFCO) Predecessor, World Best Biochemical (Thailand) Co., Ltd., (World Best), Are Countervailable Comment 3: Whether Commerce Should Find Duty Exemptions on Imports of Raw Materials Under the Section 36 IPA Program to be Countervailable IX. Recommendation [FR Doc. 2018-12011 Filed 6-4-18; 8:45 am] BILLING CODE 3510-DS-P
![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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![26006 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
Ad Valorem Rate
Company (% de minimis)
COFCO Biochemical (Thailand) Co., Ltd. (COFCO) .................................................................................................................... 0.00
Niran (Thailand) Co., Ltd. (Niran) .................................................................................................................................................. 0.00
Sunshine Biotech International Co., Ltd. (Sunshine) .................................................................................................................... 0.21
The Department has not calculated an and regardless of packaging type. The scope COFCO Biochemical (Thailand) Co.,
all-others rate because it has not reached also includes blends of citric acid, sodium Ltd.’s (COFCO) Predecessor, World Best
an affirmative final determination. In citrate, and potassium citrate; as well as Biochemical (Thailand) Co., Ltd., (World
blends with other ingredients, such as sugar, Best), Are Countervailable
the Preliminary Determination, the total
where the unblended form(s) of citric acid, Comment 3: Whether Commerce Should Find
net countervailable subsidy rates for the sodium citrate, and potassium citrate Duty Exemptions on Imports of Raw
three companies were de minimis and, constitute 40 percent or more, by weight, of Materials Under the Section 36 IPA
therefore, we did not suspend the blend. Program to be Countervailable
liquidation. Because the rates for the The scope also includes all forms of crude IX. Recommendation
three companies remain de minimis, we calcium citrate, including dicalcium citrate [FR Doc. 2018–12011 Filed 6–4–18; 8:45 am]
are not directing U.S. Customs and monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate BILLING CODE 3510–DS–P
Border Protection to suspend
products in the production of citric acid,
liquidation of entries of citric acid from
sodium citrate, and potassium citrate.
Thailand. The scope includes the hydrous and DEPARTMENT OF COMMERCE
Disclosure anhydrous forms of citric acid, the dihydrate
and anhydrous forms of sodium citrate, International Trade Administration
Commerce intends to disclose to otherwise known as citric acid sodium salt,
interested parties its calculations and and the monohydrate and monopotassium [C–570–065]
analysis performed in this final forms of potassium citrate. Sodium citrate
determination within five days of any also includes both trisodium citrate and Stainless Steel Flanges From the
public announcement in accordance monosodium citrate which are also known as People’s Republic of China:
citric acid trisodium salt and citric acid Countervailing Duty Order
with 19 CFR 351.224(b).
monosodium salt, respectively.
International Trade Commission The scope does not include calcium citrate AGENCY: Enforcement and Compliance,
Notification that satisfies the standards set forth in the International Trade Administration,
United States Pharmacopeia and has been Department of Commerce.
In accordance with section 705(d) of mixed with a functional excipient, such as
the Act, we will notify the ITC of our dextrose or starch, where the excipient SUMMARY: Based on affirmative final
determination. As our final constitutes at least 2 percent, by weight, of determinations by the Department of
determination is negative, this the product. Commerce (Commerce) and the
proceeding is terminated. Citric acid and sodium citrate are International Trade Commission (ITC),
classifiable under 2918.14.0000 and Commerce is issuing the countervailing
Notification Regarding Administrative 2918.15.1000 of the Harmonized Tariff duty (CVD) order stainless steel flanges
Protective Orders (APOs) Schedule of the United States (HTSUS),
from the People’s Republic of China
respectively. Potassium citrate and crude
This notice serves as the only calcium citrate are classifiable under (China).
reminder to parties subject to 2918.15.5000 and, if included in a mixture or DATES: Applicable June 5, 2018.
Administrative Protective Order (APO) blend, 3824.99.9295 of the HTSUS. Blends
that include citric acid, sodium citrate, and
FOR FURTHER INFORMATION CONTACT: Jerry
of their responsibility concerning the
potassium citrate are classifiable under Huang at (202) 482–4047 or Justin
return or destruction of proprietary
3824.99.9295 of the HTSUS. Although the Neuman at (202) 482–0486, AD/CVD
information disclosed under APO in
HTSUS subheadings are provided for Operations, Office V, Enforcement and
accordance with 19 CFR 351.305(a)(3).
convenience and customs purposes, the Compliance, International Trade
Failure to comply is a violation of the written description of the merchandise is Administration, U.S. Department of
APO. dispositive. Commerce, 1401 Constitution Avenue
Notification to Interested Parties Appendix II NW, Washington, DC 20230.
This determination is issued and SUPPLEMENTARY INFORMATION:
List of Topics Discussed in the Final
published pursuant to sections 705(d) Decision Memorandum Background
and 777(i) of the Act. I. Summary In accordance with sections 705(a),
Dated: May 29, 2018. II. Background
705(d), and 777(i) of the Tariff Act of
Gary Taverman, III. Scope of the Investigation
IV. New Subsidy Allegation 1930, as amended (Act), and 19 CFR
Deputy Assistant Secretary for Antidumping 351.210(c), on April 12, 2018,
V. Subsidies Valuation
and Countervailing Duty Operations, Commerce published its affirmative
VI. Benchmark and Discount Rates
performing the non-exclusive functions and
VII. Analysis of Programs final determinations that
duties of the Assistant Secretary for
Enforcement and Compliance.
VIII. Discussion of the Issues countervailable subsidies are being
Comment 1: Whether Commerce Should provided to producers and exporters of
amozie on DSK3GDR082PROD with NOTICES1
Appendix I Include Respondents’ Imports of stainless steel flanges from China.1
Chinese-Origin Machinery and
Scope of the Investigation Equipment Made Pursuant to the 1 See Countervailing Duty Investigation of
The merchandise covered by this Association of Southeast Asian Nations Stainless Steel Flanges from the People’s Republic
investigation includes all grades and (ASEAN)-China Free Trade Area (FTA) of China: Final Affirmative Determination, 83 FR
granulation sizes of citric acid, sodium in the Benefit Calculation of the IPA 15790 (April 12, 2018) (Final Determination) and
citrate, and potassium citrate in their Section 28 Program the accompanying Issues and Decision
unblended forms, whether dry or in solution, Comment 2: Whether Subsidies Received by Memorandum.
VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1](https://thefederalregister.org/doc/83_FR_26112/page/3.svg)
Document Created: 2018-11-02 11:46:50
Document Modified: 2018-11-02 11:46:50
| 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 | John Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-1009 or 202-482-8362, respectively. | |
| FR Citation | 83 FR 26004 |
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