Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018
| Citation | 84 FR 32710 |
| Record Number | 2019-14560 |
| Published date | 09 July 2019 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 84 Issue 131 (Tuesday, July 9, 2019)
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32710-32712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14560]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts From Canada: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Jungbunzlauer Canada, Inc. (JBL Canada), producer/exporter of
citric acid and certain citrate salts (citric acid) from Canada, did
not sell subject merchandise at prices below normal value (NV) during
the period of review (POR) May 1, 2017 through April 30, 2018. We
invite interested parties to comment on these preliminary results.
DATES: Applicable July 9, 2019.
FOR FURTHER INFORMATION CONTACT: Joseph Dowling or George Ayache, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1646 or (202)
482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, in accordance with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of an administrative review of the
antidumping duty order on citric acid from Canada.\1\ On December 20,
2018, Commerce postponed the deadline for the preliminary results of
this administrative review until March 18, 2019, in accordance with
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2).\2\
Subsequently, Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019.\3\ The
revised deadline for the preliminary results in this administrative
review is July 10, 2019.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018).
\2\ See Memorandum to James Maeder, Associate Deputy Assistance
Secretary for Antidumping and Countervailing Duty Operations
performing the duties of Deputy Assistance Secretary for Antidumping
and Countervailing Duty Operations, ``Citric Acid and Certain
Citrate Salts from Canada: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
20, 2018.
\3\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations for Enforcement and Compliance, ``Deadlines Affected by
the Partial Shutdown of the Federal Government,'' dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
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Scope of the Order
The merchandise covered by the Order \4\ is citric acid and certain
citrate salts from Canada. The product is currently classified under
subheadings 2918.14.0000, 2918.15.1000, 2918.15.5000, and 3824.90.9290
of the Harmonized Tariff System of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of merchandise subject to the scope
is dispositive.\5\
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\4\ See Citric Acid and Certain Citrate Salts from Canada and
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703
(May 29, 2009) (Order).
\5\ A full description of the scope of the Order is contained in
the Memorandum, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Citric Acid and Certain
Citrate Salts from Canada; 2017-2018'' (Preliminary Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
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[[Page 32711]]
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 http://access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed at http://enforcement.trade.gov/frn/index.html. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
a weighted-average dumping margin of 0.00 percent exists for JBL Canada
for the period May 1, 2017 through April 30, 2018.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\6\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\7\ Pursuant
to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding 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. Case and rebuttal briefs
should be filed using ACCESS.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.303.
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All submissions to Commerce must be filed electronically using
ACCESS, and must also be served on interested parties.\9\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due.
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\9\ See 19 CFR 351.303(f).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\10\ Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. 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.
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\10\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in any written briefs, not
later than 120 days after the date of publication of this notice.\11\
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\11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\12\
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\12\ See 19 CFR 351.212(b)(1).
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If JBL Canada's calculated weighted-average dumping margin is above
de minimis (i.e., greater than or equal to 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales to that importer, and we will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review. If JBL Canada's weighted-average dumping margin
continues to be zero or de minimis, or the importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\13\
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\13\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by JBL
Canada for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate.\14\
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\14\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 41 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for JBL Canada will be the rate established in the final results of
this review, except if the rate is de minimis within the meaning of 19
CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the
cash deposit rate will be zero; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently-completed segment for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 23.21 percent, the all-others rate established in the
less-than-fair-value investigation.\15\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\15\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
[[Page 32712]]
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-14560 Filed 7-8-19; 8:45 am]
BILLING CODE 3510-DS-P
