83_FR_792 83 FR 787 - Citric Acid and Certain Citrate Salts From Belgium: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 787 - Citric Acid and Certain Citrate Salts From Belgium: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 5 (January 8, 2018)

Page Range787-789
FR Document2018-00133

The Department of Commerce (Commerce) preliminarily determines that citric acid and certain citrate salts (citric acid) from Belgium are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017.

Federal Register, Volume 83 Issue 5 (Monday, January 8, 2018)
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 787-789]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00133]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-813]


Citric Acid and Certain Citrate Salts From Belgium: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that citric acid and certain citrate salts (citric acid) from Belgium 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation (POI) is April 1, 2016, 
through March 31, 2017.

DATES: Applicable: January 8, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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) 482-4474.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on June 30, 
2017.\1\ On November 1, 2017, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
December 29, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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 to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ 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).
    \2\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia, and Thailand: Postponement of Preliminary Determinations 
of Less-Than-Fair-Value Investigations, 82 FR 50622 (November 1, 
2017).
    \3\ See the Department's memorandum, ``Decision Memorandum for 
the Preliminary Determination in the Less-Than-Fair-Value 
Investigation of Citric Acid and Certain Citrate Salts from 
Belgium,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is citric acid from 
Belgium. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ 
Commerce is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 82 FR at 29829.
    \6\ See the Department's memorandum, ``Citric Acid and Certain 
Citrate Salts from Belgium, Colombia and Thailand; and 
Countervailing Duty Investigation of Citric Acid and Certain Citrate 
Salts from Thailand: Scope Comments Decision Memorandum for the 
Preliminary Determination,'' dated December 1, 2017 (Preliminary 
Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others

[[Page 788]]

rate for all 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 and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely under section 776 of the 
Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for S.A. Citrique Belge N.V. (Citrique Belge), the only 
individually examined exporter/producer in this investigation. Because 
the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Citrique Belge is the 
margin assigned to all-other producers and exporters, pursuant to 
section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
S.A. Citrique Belge N.V.....................................       24.41
All-Others..................................................       24.41
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary 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 company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On November 30, 2017, Citrique Belge requested that Commerce 
postpone the final determination in the event of an affirmative 
preliminary determination, and on December 1, 2017, Citrique Belge re-
submitted its request to postpone the final determination to also 
request that provisional measures be extended from a four-month period 
to a six-month period, pursuant to section 733(d) of the Act.\8\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a six-month period. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \8\ See Citrique Belge's letter, ``Antidumping Duty 
Investigation of Citric Acid and Certain Citrate Salts from Belgium: 
Respondent's Request for Postponement of Final Determination,'' 
dated November 30, 2017, as amended by Citrique Belge's letter, 
``Antidumping Duty Investigation of Citric Acid and Certain Citrate 
Salts from Belgium: Respondent's Request for Postponement of Final 
Determination,'' dated December 1, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

[[Page 789]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: December 29, 2017.
Christian Marsh,
Deputy 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price And Constructed Export Price
    A. Export Price
XI. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production Analysis
    D. Calculation of NV Based On Comparison-Market Prices
XII. Currency Conversion
XIII. Verification
XIV. Recommendation

[FR Doc. 2018-00133 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices                                                           787

                                                  The scope does not include calcium citrate            DEPARTMENT OF COMMERCE                                 Centralized Electronic Service System
                                                that satisfies the standards set forth in the                                                                  (ACCESS). ACCESS is available to
                                                United States Pharmacopeia and has been                 International Trade Administration                     registered users at https://
                                                mixed with a functional excipient, such as                                                                     access.trade.gov, and to all parties in the
                                                                                                        [A–423–813]
                                                dextrose or starch, where the excipient                                                                        Central Records Unit, Room B8024 of
                                                constitutes at least 2 percent, by weight, of           Citric Acid and Certain Citrate Salts                  the main Department of Commerce
                                                the product.                                            From Belgium: Preliminary Affirmative                  building. In addition, a complete
                                                  Citric acid and sodium citrate are                    Determination of Sales at Less Than                    version of the Preliminary Decision
                                                classifiable under 2918.14.0000 and                     Fair Value, Postponement of Final                      Memorandum can be accessed directly
                                                2918.15.1000 of the Harmonized Tariff                   Determination, and Extension of                        at http://enforcement.trade.gov/frn/.
                                                Schedule of the United States (HTSUS),                  Provisional Measures                                   The signed and the electronic versions
                                                respectively. Potassium citrate and crude                                                                      of the Preliminary Decision
                                                calcium citrate are classifiable under                  AGENCY:   Enforcement and Compliance,                  Memorandum are identical in content.
                                                2918.15.5000 and, if included in a mixture or           International Trade Administration,
                                                blend, 3824.99.9295 of the HTSUS. Blends                Department of Commerce.                                Scope of the Investigation
                                                that include citric acid, sodium citrate, and           SUMMARY: The Department of Commerce                      The product covered by this
                                                potassium citrate are classifiable under                (Commerce) preliminarily determines                    investigation is citric acid from
                                                3824.99.9295 of the HTSUS. Although the                 that citric acid and certain citrate salts             Belgium. For a complete description of
                                                HTSUS subheadings are provided for                      (citric acid) from Belgium are being, or               the scope of this investigation, see
                                                convenience and customs purposes, the                   are likely to be, sold in the United States            Appendix I.
                                                written description of the merchandise is               at less than fair value (LTFV). The
                                                dispositive.                                                                                                   Scope Comments
                                                                                                        period of investigation (POI) is April 1,
                                                                                                        2016, through March 31, 2017.                            In accordance with the preamble to
                                                Appendix II                                             DATES: Applicable: January 8, 2018.                    Commerce’s regulations,4 the Initiation
                                                                                                                                                               Notice set aside a period of time for
                                                                                                        FOR FURTHER INFORMATION CONTACT: Paul
                                                List of Topics Discussed in the Preliminary                                                                    parties to raise issues regarding product
                                                Decision Memorandum                                     Stolz, AD/CVD Operations, Office III,
                                                                                                                                                               coverage (i.e., scope).5 Certain interested
                                                                                                        Enforcement and Compliance,
                                                I. Summary                                                                                                     parties commented on the scope of the
                                                                                                        International Trade Administration,
                                                II. Background                                                                                                 investigation as it appeared in the
                                                                                                        U.S. Department of Commerce, 1401
                                                III. Period of Investigation                                                                                   Initiation Notice. For a summary of the
                                                                                                        Constitution Avenue NW, Washington,
                                                IV. Postponement of Final Determination and                                                                    product coverage comments and
                                                                                                        DC 20230; telephone: (202) 482–4474.
                                                      Extension of Provisional Measures                                                                        rebuttal responses submitted to the
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                V. Scope Comments                                                                                              record for this preliminary
                                                VI. Scope of the Investigation                          Background                                             determination, and accompanying
                                                VII. Preliminary Determination of Critical
                                                                                                           This preliminary determination is                   discussion and analysis of all comments
                                                      Circumstances
                                                                                                        made in accordance with section 733(b)                 timely received, see the Preliminary
                                                VIII. Discussion of the Methodology
                                                                                                        of the Tariff Act of 1930, as amended                  Scope Decision Memorandum.6
                                                   A. Determination of the Comparison                                                                          Commerce is not preliminarily
                                                                                                        (the Act). Commerce published the
                                                      Method                                                                                                   modifying the scope language as it
                                                                                                        notice of initiation of this investigation
                                                   B. Results of the Differential Pricing                                                                      appeared in the Initiation Notice.
                                                                                                        on June 30, 2017.1 On November 1,
                                                      Analysis
                                                IX. Date of Sale
                                                                                                        2017, Commerce postponed the                           Methodology
                                                X. Product Comparisons
                                                                                                        preliminary determination of this                        Commerce is conducting this
                                                XI. Export Price and Constructed Export                 investigation and the revised deadline is              investigation in accordance with section
                                                      Price                                             now December 29, 2017.2 For a                          731 of the Act. Commerce has
                                                XII. Normal Value                                       complete description of the events that                calculated export prices in accordance
                                                   A. Comparison Market Viability                       followed the initiation of this                        with section 772(a) of the Act. Normal
                                                   B. Level of Trade                                    investigation, see the Preliminary                     value (NV) is calculated in accordance
                                                   C. Cost of Production (COP) Analysis                 Decision Memorandum.3 A list of topics                 with section 773 of the Act. For a full
                                                   1. Calculation of COP                                included in the Preliminary Decision                   description of the methodology
                                                   2. Test of Comparison Market Sales Prices            Memorandum is included as Appendix                     underlying the preliminary
                                                   3. Results of the COP Test                           II to this notice. The Preliminary                     determination, see the Preliminary
                                                   D. Calculation of NV Based on Comparison             Decision Memorandum is a public                        Decision Memorandum.
                                                      Market Prices                                     document and is on file electronically
                                                   E. Calculation of NV Based on Constructed            via Enforcement and Compliance’s                       All-Others Rate
                                                      Value                                             Antidumping and Countervailing Duty                      Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                XIII. Currency Conversion                                                                                      of the Act provide that in the
                                                                                                           1 See Citric Acid and Certain Citrate Salts from
                                                XIV. Verification                                                                                              preliminary determination Commerce
                                                XV. Recommendation                                      Belgium, Colombia, and Thailand: Initiation of
                                                                                                        Less-Than-Fair-Value Investigations, 82 FR 29828       shall determine an estimated all-others
                                                [FR Doc. 2018–00132 Filed 1–5–18; 8:45 am]              (June 30, 2017) (Initiation Notice).
                                                                                                           2 See Citric Acid and Certain Citrate Salts from       4 See Antidumping Duties; Countervailing Duties,
                                                BILLING CODE 3510–DS–P
                                                                                                        Belgium, Colombia, and Thailand: Postponement of       Final Rule, 62 FR 27296, 27323 (May 19, 1997).
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Preliminary Determinations of Less-Than-Fair-             5 See Initiation Notice, 82 FR at 29829.

                                                                                                        Value Investigations, 82 FR 50622 (November 1,            6 See the Department’s memorandum, ‘‘Citric
                                                                                                        2017).                                                 Acid and Certain Citrate Salts from Belgium,
                                                                                                           3 See the Department’s memorandum, ‘‘Decision       Colombia and Thailand; and Countervailing Duty
                                                                                                        Memorandum for the Preliminary Determination in        Investigation of Citric Acid and Certain Citrate Salts
                                                                                                        the Less-Than-Fair-Value Investigation of Citric       from Thailand: Scope Comments Decision
                                                                                                        Acid and Certain Citrate Salts from Belgium,’’ dated   Memorandum for the Preliminary Determination,’’
                                                                                                        concurrently with, and hereby adopted by, this         dated December 1, 2017 (Preliminary Scope
                                                                                                        notice (Preliminary Decision Memorandum).              Decision Memorandum).



                                           VerDate Sep<11>2014   16:29 Jan 05, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\08JAN1.SGM   08JAN1


                                                788                            Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices

                                                rate for all exporters and producers not                estimated weighted-average dumping                     after the date of the publication of the
                                                individually examined. This rate shall                  margin.                                                preliminary determination if, in the
                                                be an amount equal to the weighted                                                                             event of an affirmative preliminary
                                                                                                        Disclosure
                                                average of the estimated weighted-                                                                             determination, a request for such
                                                average dumping margins established                       Commerce intends to disclose its                     postponement is made by exporters who
                                                for exporters and producers                             calculations and analysis performed to                 account for a significant proportion of
                                                individually investigated, excluding any                interested parties in this preliminary                 exports of the subject merchandise, or in
                                                zero and de minimis margins, and any                    determination within five days of any                  the event of a negative preliminary
                                                margins determined entirely under                       public announcement or, if there is no                 determination, a request for such
                                                section 776 of the Act.                                 public announcement, within five days                  postponement is made by the petitioner.
                                                   Commerce calculated an individual                    of the date of publication of this notice              Section 351.210(e)(2) of Commerce’s
                                                estimated weighted-average dumping                      in accordance with 19 CFR 351.224(b).                  regulations requires that a request by
                                                margin for S.A. Citrique Belge N.V.                                                                            exporters for postponement of the final
                                                (Citrique Belge), the only individually                 Verification
                                                                                                                                                               determination be accompanied by a
                                                examined exporter/producer in this                         As provided in section 782(i)(1) of the             request for extension of provisional
                                                investigation. Because the only                         Act, Commerce intends to verify the                    measures from a four-month period to a
                                                individually calculated dumping margin                  information relied upon in making its                  period not more than six months in
                                                is not zero, de minimis, or based                       final determination.                                   duration.
                                                entirely on facts otherwise available, the
                                                                                                        Public Comment                                            On November 30, 2017, Citrique Belge
                                                estimated weighted-average dumping
                                                margin calculated for Citrique Belge is                        Case briefs or other written comments           requested that Commerce postpone the
                                                the margin assigned to all-other                           may be submitted to the Assistant                   final determination in the event of an
                                                producers and exporters, pursuant to                       Secretary for Enforcement and                       affirmative preliminary determination,
                                                section 735(c)(5)(A) of the Act.                           Compliance no later than seven days                 and on December 1, 2017, Citrique Belge
                                                                                                           after the date on which the last                    re-submitted its request to postpone the
                                                Preliminary Determination                                  verification report is issued in this               final determination to also request that
                                                   Commerce preliminarily determines                       investigation. Rebuttal briefs, limited to          provisional measures be extended from
                                                that the following estimated weighted-                     issues raised in case briefs, may be                a four-month period to a six-month
                                                average dumping margins exist:                             submitted no later than five days after             period, pursuant to section 733(d) of the
                                                                                                           the deadline date for case briefs.7                 Act.8 In accordance with section
                                                                                                Estimated Pursuant to 19 CFR 351.309(c)(2) and                 735(a)(2)(A) of the Act and 19 CFR
                                                                                                weighted-                                                      351.210(b)(2)(ii), because: (1) The
                                                                                                 average   (d)(2), parties who submit case briefs or
                                                        Exporter/producer                       dumping    rebuttal briefs in this investigation are           preliminary determination is
                                                                                                  margin   encouraged to submit with each                      affirmative; (2) the requesting exporter
                                                                                                (percent)  argument: (1) A statement of the issue;             accounts for a significant proportion of
                                                                                                           (2) a brief summary of the argument;                exports of the subject merchandise; and
                                                S.A. Citrique Belge N.V ..............               24.41                                                     (3) no compelling reasons for denial
                                                All-Others ....................................      24.41 and (3) a table of authorities.
                                                                                                               Pursuant to 19 CFR 351.310(c),                  exist, Commerce is postponing the final
                                                                                                           interested parties who wish to request a            determination and extending the
                                                Suspension of Liquidation                                                                                      provisional measures from a four-month
                                                                                                           hearing, limited to issues raised in the
                                                   In accordance with section 733(d)(2)                    case and rebuttal briefs, must submit a             period to a six-month period.
                                                of the Act, Commerce will direct U.S.                      written request to the Assistant                    Accordingly, Commerce will make its
                                                Customs and Border Protection (CBP) to Secretary for Enforcement and                                           final determination no later than 135
                                                suspend liquidation of entries of subject Compliance, U.S. Department of                                       days after the date of publication of this
                                                merchandise, as described in Appendix Commerce, within 30 days after the date                                  preliminary determination.
                                                I, entered, or withdrawn from                              of publication of this notice. Requests
                                                warehouse, for consumption on or after                                                                         International Trade Commission
                                                                                                           should contain the party’s name,                    Notification
                                                the date of publication of this notice in                  address, and telephone number, the
                                                the Federal Register. Further, pursuant                    number of participants, whether any                    In accordance with section 733(f) of
                                                to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a
                                                                                                                                                               the Act, Commerce will notify the
                                                CFR 351.205(d), Commerce will instruct list of the issues to be discussed. If a
                                                                                                                                                               International Trade Commission (ITC) of
                                                CBP to require a cash deposit equal to                     request for a hearing is made, Commerce             its preliminary determination. If the
                                                the estimated weighted-average                             intends to hold the hearing at the U.S.             final determination is affirmative, the
                                                dumping margin or the estimated all-                       Department of Commerce, 1401                        ITC will determine before the later of
                                                others rate, as follows: (1) The cash                      Constitution Avenue NW, Washington,                 120 days after the date of this
                                                deposit rate for the respondents listed                    DC 20230, at a time and date to be                  preliminary determination or 45 days
                                                above will be equal to the company-                        determined. Parties should confirm by               after the final determination whether
                                                specific estimated weighted-average                        telephone the date, time, and location of           these imports are materially injuring, or
                                                dumping margins determined in this                         the hearing two days before the                     threaten material injury to, the U.S.
                                                preliminary determination; (2) if the                      scheduled date.                                     industry.
                                                exporter is not a respondent identified
                                                above, but the producer is, then the cash Postponement of Final Determination
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                  8 See Citrique Belge’s letter, ‘‘Antidumping Duty
                                                deposit rate will be equal to the                          and Extension of Provisional Measures
                                                                                                                                                               Investigation of Citric Acid and Certain Citrate Salts
                                                company-specific estimated weighted-                           Section 735(a)(2) of the Act provides           from Belgium: Respondent’s Request for
                                                average dumping margin established for that a final determination may be                                       Postponement of Final Determination,’’ dated
                                                that producer of the subject                                                                                   November 30, 2017, as amended by Citrique Belge’s
                                                                                                           postponed until not later than 135 days             letter, ‘‘Antidumping Duty Investigation of Citric
                                                merchandise; and (3) the cash deposit                                                                          Acid and Certain Citrate Salts from Belgium:
                                                rate for all other producers and                              7 See 19 CFR 351.309; see also 19 CFR 351.303    Respondent’s Request for Postponement of Final
                                                exporters will be equal to the all-others                  (for general filing requirements).                  Determination,’’ dated December 1, 2017.



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                                                                               Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices                                                       789

                                                Notification to Interested Parties                      VI. Scope of the Investigation                         from the petitioner,2 and in accordance
                                                                                                        VII. Discussion of the Methodology                     with section 751(a) of the Tariff Act of
                                                  This determination is issued and                        A. Determination of Comparison Method
                                                published in accordance with sections                                                                          1930, as amended (the Act), and 19 CFR
                                                                                                          B. Results of the Differential Pricing
                                                733(f) and 777(i)(1) of the Act and 19                                                                         351.221(c)(1)(i), we initiated an
                                                                                                             Analysis
                                                CFR 351.205(c).                                         VIII. Date of Sale                                     administrative review of the
                                                                                                        IX. Product Comparisons                                antidumping duty order on magnesium
                                                  Dated: December 29, 2017.                                                                                    metal from China with respect to TMI
                                                                                                        X. Export Price And Constructed Export Price
                                                Christian Marsh,                                          A. Export Price                                      and TMM.3
                                                Deputy Assistant Secretary for Enforcement              XI. Normal Value
                                                and Compliance.                                           A. Home Market Viability                             Scope of the Order
                                                                                                          B. Level of Trade                                       The product covered by this
                                                Appendix I                                                C. Cost of Production Analysis                       antidumping duty order is magnesium
                                                Scope of the Investigation                                D. Calculation of NV Based On                        metal from China, which includes
                                                                                                             Comparison-Market Prices
                                                   The merchandise covered by this                                                                             primary and secondary alloy
                                                                                                        XII. Currency Conversion
                                                investigation includes all grades and                                                                          magnesium metal, regardless of
                                                                                                        XIII. Verification
                                                granulation sizes of citric acid, sodium                                                                       chemistry, raw material source, form,
                                                                                                        XIV. Recommendation
                                                citrate, and potassium citrate in their                                                                        shape, or size. Magnesium is a metal or
                                                unblended forms, whether dry or in solution,            [FR Doc. 2018–00133 Filed 1–5–18; 8:45 am]
                                                and regardless of packaging type. The scope
                                                                                                                                                               alloy containing by weight primarily the
                                                                                                        BILLING CODE 3510–DS–P
                                                also includes blends of citric acid, sodium                                                                    element magnesium. Primary
                                                citrate, and potassium citrate; as well as                                                                     magnesium is produced by
                                                blends with other ingredients, such as sugar,           DEPARTMENT OF COMMERCE                                 decomposing raw materials into
                                                where the unblended form(s) of citric acid,                                                                    magnesium metal. Secondary
                                                sodium citrate, and potassium citrate                   International Trade Administration                     magnesium is produced by recycling
                                                constitute 40 percent or more, by weight, of                                                                   magnesium-based scrap into magnesium
                                                the blend.                                              [A–570–896]                                            metal. The magnesium covered by this
                                                   The scope also includes all forms of crude                                                                  order includes blends of primary and
                                                calcium citrate, including dicalcium citrate            Magnesium Metal from the People’s
                                                monohydrate, and tricalcium citrate                     Republic of China: Preliminary Results                 secondary magnesium.
                                                tetrahydrate, which are intermediate
                                                                                                                                                                  The subject merchandise includes the
                                                                                                        of Antidumping Duty Administrative
                                                products in the production of citric acid,                                                                     following alloy magnesium metal
                                                                                                        Review; 2016–2017
                                                sodium citrate, and potassium citrate.                                                                         products made from primary and/or
                                                   The scope includes the hydrous and                   AGENCY:   Enforcement and Compliance,                  secondary magnesium including,
                                                anhydrous forms of citric acid, the dihydrate           International Trade Administration,                    without limitation, magnesium cast into
                                                and anhydrous forms of sodium citrate,                  Department of Commerce.                                ingots, slabs, rounds, billets, and other
                                                otherwise known as citric acid sodium salt,             SUMMARY: The Department of Commerce                    shapes; magnesium ground, chipped,
                                                and the monohydrate and monopotassium                                                                          crushed, or machined into rasping,
                                                                                                        (Commerce) is conducting the
                                                forms of potassium citrate. Sodium citrate                                                                     granules, turnings, chips, powder,
                                                also includes both trisodium citrate and                administrative review of the
                                                monosodium citrate which are also known as              antidumping duty order on magnesium                    briquettes, and other shapes; and
                                                citric acid trisodium salt and citric acid              metal from the People’s Republic of                    products that contain 50 percent or
                                                monosodium salt, respectively.                          China (China), covering the period April               greater, but less than 99.8 percent,
                                                   The scope does not include calcium citrate           1, 2016, through March 31, 2017.                       magnesium, by weight, and that have
                                                that satisfies the standards set forth in the           Commerce preliminarily determines                      been entered into the United States as
                                                United States Pharmacopeia and has been                 that Tianjin Magnesium International,                  conforming to an ‘‘ASTM Specification
                                                mixed with a functional excipient, such as              Co., Ltd. (TMI) and Tianjin Magnesium                  for Magnesium Alloy’’ 4 and are thus
                                                dextrose or starch, where the excipient                                                                        outside the scope of the existing
                                                                                                        Metal, Co., Ltd. (TMM) did not have
                                                constitutes at least 2 percent, by weight, of                                                                  antidumping orders on magnesium from
                                                the product.                                            reviewable entries during the period of
                                                   Citric acid and sodium citrate are                   review (POR). We invite interested                     China (generally referred to as ‘‘alloy’’
                                                classifiable under 2918.14.0000 and                     parties to comment on these preliminary                magnesium).
                                                2918.15.1000 of the Harmonized Tariff                   results.                                                  The scope of this order excludes: (1)
                                                Schedule of the United States (HTSUS),                  DATES: Applicable January 8, 2018.                     All forms of pure magnesium, including
                                                respectively. Potassium citrate and crude               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               chemical combinations of magnesium
                                                calcium citrate are classifiable under
                                                                                                        James Terpstra, AD/CVD Operations,                     and other material(s) in which the pure
                                                2918.15.5000 and, if included in a mixture or                                                                  magnesium content is 50 percent or
                                                blend, 3824.99.9295 of the HTSUS. Blends                Office III, Enforcement and Compliance,
                                                                                                        International Trade Administration,                    greater, but less than 99.8 percent, by
                                                that include citric acid, sodium citrate, and                                                                  weight, that do not conform to an
                                                potassium citrate are classifiable under                U.S. Department of Commerce, 1401
                                                                                                        Constitution Avenue NW, Washington                     ‘‘ASTM Specification for Magnesium
                                                3824.99.9295 of the HTSUS. Although the
                                                HTSUS subheadings are provided for                      DC 20230; telephone: (202) 482–3965.                   Alloy’’ 5; (2) magnesium that is in liquid
                                                convenience and customs purposes, the
                                                written description of the merchandise is               Background                                               2 See letter from US Magnesium LLC (the

                                                                                                                                                               petitioner), ‘‘Magnesium Metal from the People’s
                                                dispositive.                                               On April 3, 2017, Commerce                          Republic of China: Request for Administrative
                                                Appendix II                                             published a notice of opportunity to                   Review,’’ dated April 28, 2017.
                                                                                                        request an administrative review of the                  3 See Initiation of Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES




                                                List of Topics Discussed in the Preliminary             antidumping duty order on magnesium                    Countervailing Duty Administrative Reviews, 82 FR
                                                Decision Memorandum                                                                                            26444 (June 7, 2017).
                                                                                                        metal from China for the POR.1 On June                   4 The meaning of this term is the same as that
                                                I. Summary                                              7, 2017, in response to a timely request               used by the American Society for Testing and
                                                II. Background                                                                                                 Materials in its Annual Book for ASTM Standards:
                                                III. Period of Investigation                              1 See Antidumping or Countervailing Duty Order,      Volume 01.02 Aluminum and Magnesium Alloys.
                                                IV. Postponement of Final Determination and             Finding, or Suspended Investigation; Opportunity         5 The material is already covered by existing
                                                      Extension of Provisional Measures                 To Request Administrative Review, 82 FR 16163          antidumping orders. See Notice of Antidumping
                                                V. Scope Comments                                       (April 3, 2017).                                                                                Continued




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Document Created: 2018-01-06 02:32:17
Document Modified: 2018-01-06 02:32:17
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: January 8, 2018.
ContactPaul Stolz, 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) 482-4474.
FR Citation83 FR 787 

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