Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019
| Published date | 19 August 2020 |
| Citation | 85 FR 51012 |
| Record Number | 2020-18154 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 85 Issue 161 (Wednesday, August 19, 2020)
[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Notices]
[Pages 51012-51013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18154]
[[Page 51012]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-803]
Citric Acid and Certain Citrate Salts From Colombia: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of citric acid and certain citrate salts (citric acid) from
Colombia were made by Sucroal S.A. (Sucroal), the sole mandatory
respondent, at less than normal value (NV) during the period of review
(POR), January 8, 2018 through June 30, 2019. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable August 19, 2020.
FOR FURTHER INFORMATION CONTACT: Eric Greynolds, 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) 482-6071.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published the Citric Acid Order in the
Federal Register.\1\ On September 9, 2019, pursuant to section
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of the Citric Acid Order covering
Sucroal.\2\ On March 16, 2020, we extended the deadline for the
preliminary results to July 30, 2020.\3\ On April 24, 2020, Commerce
tolled all deadlines in administrative reviews by 50 days.\4\ On July
21, 2020, Commerce tolled all deadlines in administrative reviews by an
additional 60 days.\5\ The deadline for the preliminary results of this
review is now November 17, 2020.
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Citric Acid Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47248 (September 9, 2019).
\3\ See Memorandum, ``Citric Acid from Colombia: Extension of
Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2018/2019,'' dated March 16, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Citric Acid and
Certain Salts, 2018-2019,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order 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.
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 sub-headings are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export prices were calculated in accordance
with section 772(a) of the Act. NV was 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). A
complete version of the Preliminary Decision Memorandum can be accessed
directly 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
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, we preliminarily determine the
following weighted-average dumping margin exists for the POR:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sucroal S.A................................................ 4.59
------------------------------------------------------------------------
Assessment Rate
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. If the
weighted-average dumping margin for Sucroal is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer-specific ad
valorem antidumping duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\7\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review, where applicable.
---------------------------------------------------------------------------
\7\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate of 28.48 percent if there is no
[[Page 51013]]
rate for the intermediate company(ies) involved in the transaction. We
intend to issue instructions to CBP 15 days after publication of the
final results of this review.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 356.8(a).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of citric acid from Colombia entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results, as provided by section 751(a)(2) of the Act: (1) The
cash deposit rate for Sucroal will be equal to the dumping margin
established in the final results of this review, except if the ultimate
rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which
case the cash deposit rates will be zero; (2) for merchandise exported
by producers or exporters not covered in this administrative 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 of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original less-than-fair-value
investigation but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
28.48 percent, the all-others rate established in the antidumping duty
investigation.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Citric Acid Order.
---------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to the parties to the proceeding the
calculations performed in connection with these preliminary results to
interested parties within five days of publication of this notice.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Interested parties may submit case briefs to Commerce in response
to these preliminary results no later than 30 days after the
publication of this notice.\11\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the date for filing case briefs.\12\ 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.\13\ Case and rebuttal briefs
should be filed using ACCESS.\14\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\15\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
\13\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\14\ See generally 19 CFR 351.303.
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\16\ Hearing 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 issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\17\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of these preliminary results in the Federal Register,
unless otherwise extended.\18\
---------------------------------------------------------------------------
\18\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled 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 351.213(h)(1).
Dated: August 10, 2020.
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. 2020-18154 Filed 8-18-20; 8:45 am]
BILLING CODE 3510-DS-P
