83_FR_796 83 FR 791 - Citric Acid and Certain Citrate Salts From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination Postponement of Final Determination, and Extension of Provisional Measures

83 FR 791 - Citric Acid and Certain Citrate Salts From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination 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 Range791-793
FR Document2018-00131

The Department of Commerce (Commerce) preliminarily determines that citric acid and certain citrate salts (citric acid) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). 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 791-793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00131]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-803]


Citric Acid and Certain Citrate Salts From Colombia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, Preliminary 
Negative Critical Circumstances Determination 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 Colombia 
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: Stephanie Moore, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3692.

SUPPLEMENTARY INFORMATION: 

Background

    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 until 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 is available 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 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) and 
accompanying Initiation Checklist.
    \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) (Preliminary Postponement Notice).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Antidumping Duty Determination, Preliminary Affirmative 
Critical Circumstances Determination, and Postponement of Final 
Determination and Extension of Provisional Measures in the Less-
Than-Fair-Value Investigation of Citric Acid and Certain Citrate 
Salts from Colombia'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are citric acid and 
certain citrate salts (citric acid) from Colombia. 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 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 did not preliminarily modify the scope language as it appeared 
in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 82 FR at 29836.
    \6\ See Memorandum from Erin Begnal, Director, Office III, to 
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, titled ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated December 1, 2017 (Preliminary 
Scope Comments Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Export prices are calculated 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.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminary determines that critical circumstances do not 
exist for the mandatory respondent, Sucroal S.A. (Sucroal), or for 
exporters and producers not individually examined (i.e., ``all-
others''). For a full description of the methodology and results of 
Commerce's critical circumstances analysis, 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 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

[[Page 792]]

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

Preliminary Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Sucroal S.A.............................................           27.48
All-Others..............................................           27.48
------------------------------------------------------------------------

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 the scope of the 
investigation section, see 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 respondent listed above will be equal to the 
company-specific estimated weighted-average dumping margin determined 
in this preliminary determination; (2) if the exporter is not the 
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 petitioners. 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 29, 2017, the petitioners, Archer Daniels Midland 
Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas 
LLC, requested that, if the preliminary determination in this 
investigation was negative, Commerce postpone the final determination 
pursuant to 19 CFR 351.210(b)(2)(i).\8\ On December 12, 2017, Sucroal 
requested that, if the preliminary determination in this investigation 
was affirmative, Commerce postpone the final determination pursuant to 
19 CFR 351.210(b)(2)(ii) and that provisional measures be extended not 
to exceed six months pursuant to 19 CFR 351.210(e).\9\
---------------------------------------------------------------------------

    \8\ See Petitioners' Letter, ``Antidumping Duty Investigation of 
Citric Acid and Certain Citrate Salts from Colombia: Petitioners' 
Request for Postponement of Final Determination,'' dated November 
29, 2017.
    \9\ See Sucroal's Letter, ``Antidumping Duty Investigation of 
Citric Acid and Certain Citrate Salts from Colombia: Respondent's 
Request for Postponement of Final Determination,'' dated December 
12, 2017.
---------------------------------------------------------------------------

    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.

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 793]]

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. Preliminary Negative Determination of Critical Circumstances
VIII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
    A. Comparison Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Recommendation

[FR Doc. 2018-00131 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices                                                       791

                                                separate from China-wide entity), the                   Office III, Enforcement and Compliance,                Scope Comments
                                                cash deposit rate will be China-wide                    International Trade Administration,                       In accordance with the preamble to
                                                rate of 141.49 percent; and (4) for all                 U.S. Department of Commerce, 1401                      Commerce’s regulations,4 the Initiation
                                                non-Chinese exporters of subject                        Constitution Avenue NW, Washington,                    Notice set aside a period for parties to
                                                merchandise which have not received                     DC 20230; telephone: (202) 482–3692.                   raise issues regarding product coverage
                                                their own rate, the cash deposit rate will                                                                     (i.e., scope).5 Certain interested parties
                                                be the rate applicable to Chinese                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                               commented on the scope of the
                                                exporter(s) that supplied that non-                     Background                                             investigation as it appeared in the
                                                Chinese exporter. These deposit                                                                                Initiation Notice. For a summary of the
                                                requirements, when imposed, shall                          This preliminary determination is                   product coverage comments and
                                                remain in effect until further notice.                  made in accordance with section 733(b)                 rebuttal responses submitted to the
                                                Notification to Importers                               of the Tariff Act of 1930, as amended                  record for this preliminary
                                                                                                        (the Act). Commerce published the                      determination, and accompanying
                                                  This notice also serves as a                          notice of initiation of this investigation             discussion and analysis of all comments
                                                preliminary reminder to importers of                    on June 30, 2017.1 On November 1,                      timely received, see the Preliminary
                                                their responsibility under 19 CFR                       2017, Commerce postponed the                           Scope Decision Memorandum.6
                                                351.402(f)(2) to file a certificate                     preliminary determination of this                      Commerce did not preliminarily modify
                                                regarding the reimbursement of                          investigation until December 29, 2017.2                the scope language as it appeared in the
                                                antidumping duties prior to liquidation                 For a complete description of the events               Initiation Notice.
                                                of the relevant entries during this
                                                                                                        that followed the initiation of this                   Methodology
                                                period. Failure to comply with this
                                                                                                        investigation, see the Preliminary
                                                requirement may result in the                                                                                    Commerce is conducting this
                                                Secretary’s presumption that                            Decision Memorandum.3 A list of topics
                                                                                                                                                               investigation in accordance with section
                                                reimbursement of antidumping duties                     included in the Preliminary Decision                   731 of the Act. Export prices are
                                                occurred and the subsequent assessment                  Memorandum is included as Appendix                     calculated in accordance with section
                                                of double antidumping duties.                           II to this notice. The Preliminary                     772(a) of the Act. Normal value (NV) is
                                                  This notice is issued in accordance                   Decision Memorandum is a public                        calculated in accordance with section
                                                with sections 751(a)(1) and 777(i)(1) of                document and is on file electronically                 773 of the Act. For a full description of
                                                the Act, and 19 CFR 351.221(b)(4).                      via Enforcement and Compliance’s                       the methodology underlying the
                                                                                                        Antidumping and Countervailing Duty                    preliminary determination, see the
                                                  Dated: December 27, 2017.
                                                                                                        Centralized Electronic Service System                  Preliminary Decision Memorandum.
                                                Gary Taverman,
                                                                                                        (ACCESS). ACCESS is available to
                                                Deputy Assistant Secretary for Antidumping                                                                     Preliminary Negative Determination of
                                                                                                        registered users at https://
                                                and Countervailing Duty Operations,                                                                            Critical Circumstances
                                                performing the non-exclusive functions and              access.trade.gov, and is available to all
                                                                                                        parties in the Central Records Unit,                     In accordance with section 733(e) of
                                                duties of the Assistant Secretary for
                                                Enforcement and Compliance.                             room B8024 of the main Department of                   the Act and 19 CFR 351.206, Commerce
                                                                                                        Commerce building. In addition, a                      preliminary determines that critical
                                                [FR Doc. 2018–00113 Filed 1–5–18; 8:45 am]
                                                                                                        complete version of the Preliminary                    circumstances do not exist for the
                                                BILLING CODE 3510–DS–P
                                                                                                                                                               mandatory respondent, Sucroal S.A.
                                                                                                        Decision Memorandum can be accessed
                                                                                                                                                               (Sucroal), or for exporters and producers
                                                                                                        directly at http://enforcement.trade.gov/
                                                DEPARTMENT OF COMMERCE                                                                                         not individually examined (i.e., ‘‘all-
                                                                                                        frn/. The signed and electronic versions
                                                                                                                                                               others’’). For a full description of the
                                                                                                        of the Preliminary Decision                            methodology and results of Commerce’s
                                                International Trade Administration                      Memorandum are identical in content.                   critical circumstances analysis, see the
                                                [A–301–803]                                                                                                    Preliminary Decision Memorandum.
                                                                                                        Scope of the Investigation
                                                Citric Acid and Certain Citrate Salts                      The products covered by this                        All-Others Rate
                                                From Colombia: Preliminary                              investigation are citric acid and certain                Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                Affirmative Determination of Sales at                   citrate salts (citric acid) from Colombia.             of the Act provide that in the
                                                Less Than Fair Value, Preliminary                                                                              preliminary determination Commerce
                                                                                                        For a complete description of the scope
                                                Negative Critical Circumstances                                                                                shall determine an estimated all-others
                                                                                                        of this investigation, see Appendix I.
                                                Determination Postponement of Final                                                                            rate for all exporters and producers not
                                                Determination, and Extension of                            1 See Citric Acid and Certain Citrate Salts from    individually examined. This rate shall
                                                Provisional Measures                                    Belgium, Colombia, and Thailand: Initiation of         be an amount equal to the weighted
                                                AGENCY:   Enforcement and Compliance,                   Less-Than-Fair-Value Investigations, 82 FR 29828       average of the estimated weighted-
                                                                                                        (June 30, 2017) (Initiation Notice) and                average dumping margins established
                                                International Trade Administration,                     accompanying Initiation Checklist.
                                                Department of Commerce.                                    2 See Citric Acid and Certain Citrate Salts from
                                                                                                                                                               for exporters and producers
                                                SUMMARY: The Department of Commerce                     Belgium, Colombia, and Thailand: Postponement of
                                                                                                                                                                 4 See Antidumping Duties; Countervailing Duties,
                                                (Commerce) preliminarily determines                     Preliminary Determinations of Less-Than-Fair-
                                                                                                        Value Investigations, 82 FR 50622 (November 1,         62 FR 27296, 27323 (May 19, 1997) (Preamble).
                                                that citric acid and certain citrate salts              2017) (Preliminary Postponement Notice).                 5 See Initiation Notice, 82 FR at 29836.
                                                (citric acid) from Colombia are being, or                  3 See Memorandum, ‘‘Decision Memorandum for           6 See Memorandum from Erin Begnal, Director,
sradovich on DSK3GMQ082PROD with NOTICES




                                                are likely to be, sold in the United States             the Preliminary Affirmative Antidumping Duty           Office III, to Gary Taverman, Deputy Assistant
                                                at less than fair value (LTFV). The                     Determination, Preliminary Affirmative Critical        Secretary for Antidumping and Countervailing Duty
                                                                                                        Circumstances Determination, and Postponement of       Operations performing the non-exclusive functions
                                                period of investigation (POI) is April 1,               Final Determination and Extension of Provisional       and duties of the Assistant Secretary for
                                                2016, through March 31, 2017.                           Measures in the Less-Than-Fair-Value Investigation     Enforcement and Compliance, titled ‘‘Scope
                                                DATES: Applicable: January 8, 2018.                     of Citric Acid and Certain Citrate Salts from          Comments Decision Memorandum for the
                                                                                                        Colombia’’ dated concurrently with, and hereby         Preliminary Determinations,’’ dated December 1,
                                                FOR FURTHER INFORMATION CONTACT:                        adopted by, this notice (Preliminary Decision          2017 (Preliminary Scope Comments Decision
                                                Stephanie Moore, AD/CVD Operations,                     Memorandum).                                           Memorandum).



                                           VerDate Sep<11>2014   16:29 Jan 05, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\08JAN1.SGM   08JAN1


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

                                                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
                                                  Commerce calculated an individual                     of the date of publication of this notice              petitioners. Section 351.210(e)(2) of
                                                estimated weighted-average dumping                      in accordance with 19 CFR 351.224(b).                  Commerce’s regulations requires that a
                                                margin for Sucroal, the only                                                                                   request by exporters for postponement
                                                individually examined exporter/                         Verification                                           of the final determination be
                                                producer in this investigation. Because                    As provided in section 782(i)(1) of the             accompanied by a request for extension
                                                the only individually calculated                        Act, Commerce intends to verify the                    of provisional measures from a four-
                                                dumping margin is not zero, de                          information relied upon in making its                  month period to a period not more than
                                                minimis, or based entirely under section                final determination.                                   six months in duration.
                                                776 of the Act, the estimated weighted-                                                                           On November 29, 2017, the
                                                                                                      Public Comment
                                                average dumping margin calculated for                                                                          petitioners, Archer Daniels Midland
                                                Sucroal is the margin assigned to all-                   Case briefs or other written comments                 Company, Cargill, Incorporated, and
                                                other producers and exporters, pursuant               may be submitted to the Assistant                        Tate & Lyle Ingredients Americas LLC,
                                                to section 735(c)(5)(A) of the Act.                   Secretary for Enforcement and                            requested that, if the preliminary
                                                                                                      Compliance no later than seven days                      determination in this investigation was
                                                Preliminary Determination                             after the date on which the last                         negative, Commerce postpone the final
                                                   Commerce preliminarily determines                  verification report is issued in this                    determination pursuant to 19 CFR
                                                that the following estimated weighted-                investigation. Rebuttal briefs, limited to               351.210(b)(2)(i).8 On December 12,
                                                average dumping margins exist:                        issues raised in case briefs, may be                     2017, Sucroal requested that, if the
                                                                                                      submitted no later than five days after                  preliminary determination in this
                                                                                          Estimated   the deadline date for case briefs.7                      investigation was affirmative,
                                                                                          weighted-
                                                                                           average    Pursuant   to 19 CFR 351.309(c)(2) and                   Commerce postpone the final
                                                      Exporter/producer                               (d)(2), parties who submit case briefs or                determination pursuant to 19 CFR
                                                                                          dumping
                                                                                           margin     rebuttal briefs in this investigation are                351.210(b)(2)(ii) and that provisional
                                                                                          (percent)   encouraged to submit with each                           measures be extended not to exceed six
                                                                                                      argument: (1) A statement of the issue;                  months pursuant to 19 CFR 351.210(e).9
                                                Sucroal S.A ...........................         27.48
                                                All-Others ..............................       27.48 (2) a brief summary of the argument;
                                                                                                                                                                  In accordance with section
                                                                                                      and (3) a table of authorities.                          735(a)(2)(A) of the Act and 19 CFR
                                                                                                         Pursuant to 19 CFR 351.310(c),                        351.210(b)(2)(ii), because: (1) The
                                                Suspension of Liquidation
                                                                                                      interested parties who wish to request a                 preliminary determination is
                                                   In accordance with section 733(d)(2)               hearing, limited to issues raised in the                 affirmative; (2) the requesting exporter
                                                of the Act, Commerce will direct U.S.                 case and rebuttal briefs, must submit a                  accounts for a significant proportion of
                                                Customs and Border Protection (CBP) to written request to the Assistant                                        exports of the subject merchandise; and
                                                suspend liquidation of entries of subject Secretary for Enforcement and                                        (3) no compelling reasons for denial
                                                merchandise, as described in the scope                Compliance, U.S. Department of                           exist, Commerce is postponing the final
                                                of the investigation section, see                     Commerce, within 30 days after the date                  determination and extending the
                                                Appendix I, entered, or withdrawn from of publication of this notice. Requests                                 provisional measures from a four-month
                                                warehouse, for consumption on or after                should contain the party’s name,                         period to a six-month period.
                                                the date of publication of this notice in             address, and telephone number, the                       Accordingly, Commerce will make its
                                                the Federal Register. Further, pursuant               number of participants, whether any                      final determination no later than 135
                                                to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a                             days after the date of publication of this
                                                CFR 351.205(d), Commerce will instruct list of the issues to be discussed. If a                                preliminary determination.
                                                CBP to require a cash deposit equal to                request for a hearing is made, Commerce                  International Trade Commission
                                                the estimated weighted-average                        intends to hold the hearing at the U.S.                  Notification
                                                dumping margin or the estimated all-                  Department of Commerce, 1401
                                                others rate, as follows: (1) The cash                 Constitution Avenue NW, Washington,                         In accordance with section 733(f) of
                                                deposit rate for the respondent listed                DC 20230, at a time and date to be                       the Act, Commerce will notify the
                                                above will be equal to the company-                   determined. Parties should confirm by                    International Trade Commission (ITC) of
                                                specific estimated weighted-average                   telephone the date, time, and location of                its preliminary determination. If the
                                                dumping margin determined in this                     the hearing two days before the                          final determination is affirmative, the
                                                preliminary determination; (2) if the                 scheduled date.                                          ITC will determine before the later of
                                                exporter is not the respondent identified                                                                      120 days after the date of this
                                                above, but the producer is, then the cash Postponement of Final Determination                                  preliminary determination or 45 days
                                                deposit rate will be equal to the                     and Extension of Provisional Measures                    after the final determination whether
                                                company-specific estimated weighted-                     Section 735(a)(2) of the Act provides                 these imports are materially injuring, or
                                                average dumping margin established for that a final determination may be                                       threaten material injury to, the U.S.
                                                that producer of the subject                          postponed until not later than 135 days                  industry.
                                                merchandise; and (3) the cash deposit                 after the date of the publication of the                    8 See Petitioners’ Letter, ‘‘Antidumping Duty
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                                                rate for all other producers and                      preliminary determination if, in the                     Investigation of Citric Acid and Certain Citrate Salts
                                                exporters will be equal to the all-others             event of an affirmative preliminary                      from Colombia: Petitioners’ Request for
                                                estimated weighted-average dumping                    determination, a request for such                        Postponement of Final Determination,’’ dated
                                                margin.                                               postponement is made by exporters who                    November 29, 2017.
                                                                                                                                                                  9 See Sucroal’s Letter, ‘‘Antidumping Duty

                                                Disclosure                                            account for a significant proportion of                  Investigation of Citric Acid and Certain Citrate Salts
                                                                                                                                                               from Colombia: Respondent’s Request for
                                                  Commerce intends to disclose its                         7 See 19 CFR 351.309; see also 19 CFR 351.303       Postponement of Final Determination,’’ dated
                                                calculations and analysis performed to                  (for general filing requirements).                     December 12, 2017.



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                                                                               Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices                                                 793

                                                Notification to Interested Parties                      V. Scope Comments                                      Management Act (16 U.S.C. 1861a (b)
                                                                                                        VI. Scope of the Investigation                         through e) generally authorizes fishing
                                                  This determination is issued and                      VII. Preliminary Negative Determination of
                                                published in accordance with sections                                                                          capacity reduction programs. In
                                                                                                             Critical Circumstances
                                                733(f) and 777(i)(1) of the Act and 19                  VIII. Discussion of the Methodology
                                                                                                                                                               particular, section 312(d) authorizes
                                                CFR 351.205(c).                                           A. Determination of the Comparison                   industry fee systems for repaying
                                                                                                             Method                                            reduction loans, which finance
                                                  Dated: December 29, 2017.                                                                                    reduction program costs. Subpart L of
                                                                                                          B. Results of the Differential Pricing
                                                Christian Marsh,                                             Analysis                                          50 CFR part 600 is the framework rule
                                                Deputy Assistant Secretary for Enforcement              IX. Date of Sale                                       generally implementing section 312(b)–
                                                and Compliance.                                         X. Product Comparisons                                 (e). Sections 1111 and 1112 of the
                                                                                                        XI. Export Price and Constructed Export                Merchant Marine Act, 1936 (46 App.
                                                Appendix I                                                   Price                                             U.S.C. 1279f and 1279g) generally
                                                                                                        XII. Normal Value
                                                Scope of the Investigation                                A. Comparison Market Viability
                                                                                                                                                               authorize reduction loans.
                                                   The merchandise covered by this                        B. Level of Trade                                       Enacted on December 8, 2004, section
                                                investigation includes all grades and                     C. Cost of Production (COP) Analysis                 219, Title II, of FY 2005 Appropriations
                                                granulation sizes of citric acid, sodium                  1. Calculation of COP                                Act, Public Law 104–447 (Act)
                                                citrate, and potassium citrate in their                   2. Test of Comparison Market Sales Prices            authorizes a fishing capacity reduction
                                                unblended forms, whether dry or in solution,              3. Results of the COP Test                           program implementing capacity
                                                and regardless of packaging type. The scope               D. Calculation of NV Based on Comparison             reduction plans submitted to NMFS by
                                                also includes blends of citric acid, sodium                  Market Prices                                     catcher processor subsectors of the
                                                citrate, and potassium citrate; as well as              XIII. Currency Conversion                              Bering Sea and Aleutian Islands
                                                blends with other ingredients, such as sugar,           XIV. Verification
                                                where the unblended form(s) of citric acid,             XV. Recommendation
                                                                                                                                                               (‘‘BSAI’’) non-pollock groundfish fishery
                                                sodium citrate, and potassium citrate                                                                          (‘‘reduction fishery’’) as set forth in the
                                                                                                        [FR Doc. 2018–00131 Filed 1–5–18; 8:45 am]             Act.
                                                constitute 40 percent or more, by weight, of
                                                the blend.                                              BILLING CODE 3510–DS–P                                    The longline catcher processor
                                                   The scope also includes all forms of crude                                                                  subsector (the ‘‘Longline Subsector’’) is
                                                calcium citrate, including dicalcium citrate                                                                   among the catcher processor subsectors
                                                monohydrate, and tricalcium citrate                     DEPARTMENT OF COMMERCE                                 eligible to submit to NMFS a capacity
                                                tetrahydrate, which are intermediate                                                                           reduction plan under the terms of the
                                                products in the production of citric acid,              National Oceanic and Atmospheric
                                                                                                                                                               Act.
                                                sodium citrate, and potassium citrate.                  Administration                                            The longline subsector non-pollock
                                                   The scope includes the hydrous and
                                                anhydrous forms of citric acid, the dihydrate           RIN 0648–XF931                                         groundfish reduction program’s
                                                and anhydrous forms of sodium citrate,                                                                         objective was to reduce the number of
                                                otherwise known as citric acid sodium salt,             Fishing Capacity Reduction Program                     vessels and permits endorsed for
                                                and the monohydrate and monopotassium                   for the Longline Catcher Processor                     longline subsector of the non-pollock
                                                forms of potassium citrate. Sodium citrate              Subsector of the Bering Sea and                        groundfish fishery.
                                                also includes both trisodium citrate and                Aleutian Islands Non Pollock                              All post-reduction fish landings from
                                                monosodium citrate which are also known as              Groundfish Fishery                                     the reduction fishery are subject to the
                                                citric acid trisodium salt and citric acid                                                                     longline subsector non-pollock
                                                monosodium salt, respectively.                          AGENCY:  National Marine Fisheries
                                                   The scope does not include calcium citrate           Service (NMFS), National Oceanic and                   groundfish program’s fee.
                                                that satisfies the standards set forth in the
                                                                                                                                                                  NMFS proposed the implementing
                                                                                                        Atmospheric Administration (NOAA),
                                                United States Pharmacopeia and has been                                                                        notice on August 11, 2006 (71 FR
                                                                                                        Commerce.
                                                mixed with a functional excipient, such as                                                                     46364), and published the final notice
                                                                                                        ACTION: Notice of fee rate adjustment.                 on September 29, 2006 (71 FR 57696).
                                                dextrose or starch, where the excipient
                                                constitutes at least 2 percent, by weight, of           SUMMARY:   NMFS issues this notice to                     NMFS allocated the $35,000,000
                                                the product.
                                                                                                        increase the fee rate for the non-pollock              reduction loan (A Loan) to the reduction
                                                   Citric acid and sodium citrate are                                                                          fishery and this loan is repayable by fees
                                                classifiable under 2918.14.0000 and                     groundfish fishery to repay the
                                                                                                        $35,000,000 reduction loan to finance                  from the fishery.
                                                2918.15.1000 of the Harmonized Tariff                                                                             On September 24, 2007, NMFS
                                                Schedule of the United States (HTSUS),                  the non-pollock groundfish fishing
                                                                                                        capacity reduction program.                            published in the Federal Register (72
                                                respectively. Potassium citrate and crude
                                                calcium citrate are classifiable under
                                                                                                                                                               FR 54219), the final rule to implement
                                                                                                        DATES: The non-pollock groundfish
                                                2918.15.5000 and, if included in a mixture or                                                                  the industry fee system for repaying the
                                                                                                        program fee rate increase will begin on                non-pollock groundfish program’s
                                                blend, 3824.99.9295 of the HTSUS. Blends                January 1, 2018. The first due date for
                                                that include citric acid, sodium citrate, and                                                                  reduction loan and established October
                                                                                                        fee payments with the increased rate                   24, 2007, as the effective date when fee
                                                potassium citrate are classifiable under
                                                3824.99.9295 of the HTSUS. Although the                 will be February 15, 2018.                             collection and loan repayment began.
                                                HTSUS subheadings are provided for                      ADDRESSES: Send questions about this                   The regulations implementing the
                                                convenience and customs purposes, the                   notice to Paul Marx, Chief, Financial                  program are located at § 600.1012 of 50
                                                written description of the merchandise is               Services Division, National Marine                     CFR part 600, subpart M.
                                                dispositive.                                            Fisheries Service, 1315 East-West                         NMFS published, in the Federal
                                                                                                        Highway, Silver Spring, MD 20910–                      Register on November 2, 2009 (74 FR
                                                Appendix II                                             3282.                                                  56592), a notice to decrease the A Loan
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                                                List of Topics Discussed in the Preliminary             FOR FURTHER INFORMATION CONTACT: Paul                  fee rate to $0.016 per pound effective
                                                Decision Memorandum                                     Marx, (301) 427–8799.                                  January 1, 2010. On November 12, 2010,
                                                I. Summary                                              SUPPLEMENTARY INFORMATION:                             NMFS published a notice (75 FR 69401),
                                                II. Background                                                                                                 to decrease the fee rate to $0.015 per
                                                                                                        I. Background                                          pound, effective January 1, 2011. NMFS
                                                III. Period of Investigation
                                                IV. Postponement of Final Determination and                Sections 312(b)–(e) of the Magnuson-                published a notice on November 30,
                                                      Extension of Provisional Measures                 Stevens Fishery Conservation and                       2011 (76 FR 74048) to decrease the fee


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Document Created: 2018-01-06 02:31:54
Document Modified: 2018-01-06 02:31:54
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.
ContactStephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3692.
FR Citation83 FR 791 

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