Citric Acid and Certain Citrate Salts From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 16838-16842 [E9-8359]

Download as PDF 16838 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices Exporter/Manufacturer Net Subsidy Rate TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co., Ltd.) ... Yixing Union Biochemical Co., Ltd.; and Yixing Union Cogeneration Co., Ltd. .. Anhui BBCA Biochemical Co., Ltd. ..... All–Others ..................... 12.68 3.60 118.95 8.14 In accordance with section 703(d) of the Act, we instructed U.S. Customs and Border Protection to discontinue the suspension of liquidation for countervailing duty purposes for subject merchandise entered on or after January 17, 2009, but to continue the suspension of liquidation of entries made from September 19, 2008, through January 16, 2009. We will issue a countervailing duty order and reinstate the suspension of liquidation under section 706(a) of the Act if the ITC issues a final affirmative injury determination, and will require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non– privileged and non–proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an APO, without the written consent of the Assistant Secretary for Import Administration. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an administrative protective order (‘‘APO’’) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 with the regulations and terms of an APO is a violation which is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: April 6, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. APPENDIX List of Comments and Issues in the Decision Memorandum General Issues Comment 1 Application of CVD Law to a Country the Department treats as an NME in a Parallel AD Investigation Comment 2 Double Counting/ Overlapping Remedies Comment 3 Requirement to Provide Evidence of Lower Prices Comment 4 Proposed Cutoff Date for Identifying Subsidies Program Specific Issues Comment 5 Policy Lending Whether Policy Lending Program Exists Comment 6 Policy Lending Whether CIB is a Government Authority Comment 7 Benchmark - Whether the Department is Required to Use a Chinese Benchmark Comment 8 Benchmark - Whether Department Should Make an Inflation Adjustment to Its Regression–based Benchmark Rate Comment 9 Benchmark - Whether the Department has a Basis for Treating ‘‘Medium–term’’ as Having Terms of Two Years or Less Comment 10 Benchmark - Whether to Remove Certain Countries from the IMF Data Comment 11 Benchmark - Whether Negative Inflation-adjusted Interest Rates Should be Excluded from the Regressions Comment 12 Benchmark - Whether the Regression is Statistically Invalid Comment 13 Benchmark - Whether the Difference Between Long- and Shortterm Interest Rates Cannot be Based on BB–grade Comment 14 Benchmark - Whether the Adjustment for Long-term Rates should be Additive or Multiplicative Comment 15 Benchmark - Whether the Discount Rate Computation is Flawed Comment 16 FIE Tax Programs Whether FIE Tax Programs are Specific Comment 17 FIE Tax ProgramsWhether They Have Been Terminated TTCA Specific Issues Comment 18 Whether the Application of Total AFA is Warranted Comment 19 Whether the Application of Partial AFA is Warranted PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Comment 20 Provision of Plant and Equipment for LTAR Whether the Department is Required to Issue a Finding Comment 21 Provision of Plant and Equipment for LTAR Proposed Methodology for Measuring the Benefit Comment 22 Provision of Land for LTAR Whether Land is a Good or a Service Comment 23 Provision of Land for LTAR Whether the Use of an External Benchmark is Appropriate Comment 24 Provision of Land for LTAR Whether Benchmark is New Factual Information Comment 25 Whether the Appropriate Benchmark Interest Rate for Floating Loan Comment 26 Whether To Correct a Clerical Error in TTCA’s Subsidy Calculation Yixing Union Specific Issues Comment 27 Attribution of Yixing Union and Cogeneration Based on Cross–Ownership Comment 28 Whether to Apply AFA for Land in the YEDZ for LTAR Program Comment 29 How to Treat the Transfer of Allocated to Granted Land-use Rights from HPP to Cogeneration Comment 30 Whether the Department’s Finding Regarding Land–use Rights in Yixing City Violates Due Process Comment 31 Whether the Department’s Finding Regarding the Torch Program Violates Due Process [FR Doc. E9–8358 Filed 4–10–09; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–937] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: International Trade Administration, Department of Commerce. Effective Date: April 13, 2009. We invited interested parties to comment on our preliminary determination of sales at LTFV. The Department of Commerce (‘‘the Department’’) has determined that citric acid and certain citrate salts (‘‘citric acid’’) from the People’s Republic of China (‘‘PRC’’) is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The estimated margins of sales at less than DATES: SUMMARY: E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices fair value (‘‘LTFV’’) are shown in the ‘‘Final Determination Margins’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Andrea Staebler Berton, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6412 or (202) 482– 4037, respectively. SUPPLEMENTARY INFORMATION: Case History The Department published its preliminary determination of sales at LTFV on November 20, 2008. See Citric Acid and Certain Citrate Salts from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 73 FR 70328 (November 20, 2008) (‘‘Preliminary Determination’’). The period of investigation (‘‘POI’’) is October 1, 2007, to March 31, 2008. Between January 7 and 20, 2009, the Department conducted verifications of TTCA Co., Ltd. (aka Shandong TTCA Biochemistry Co., Ltd.) (‘‘TTCA’’) and Yixing Union Biochemical Co., Ltd. (‘‘Yixing Union’’) (‘‘respondents’’). See the ‘‘Verification’’ section below for additional information. We invited interested parties to comment on the Preliminary Determination. On February 25, 2009, Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle Americas, Inc. (collectively, ‘‘Petitioners’’), TTCA, and Yixing Union filed case briefs. On March 2, 2009, Petitioners, TTCA, and Yixing Union filed rebuttal briefs. The Department held a hearing on March 12, 2009. Verification As provided in section 782(i) of the Act, we verified the information submitted by TTCA and Yixing Union for use in our final determination. See the Department’s verification reports on the record of this investigation in the Central Records Unit (‘‘CRU’’), Room 1117 of the main Department building, with respect to these entities. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. Analysis of Comments Received All issues raised in the case and rebuttal briefs, and at the hearing, by parties to this investigation are addressed in the ‘‘Issues and Decision VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 Memorandum for the Investigation of Citric Acid and Certain Citrate Salts from the People’s Republic of China,’’ dated concurrently with this notice and which is hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file in the CRU, and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of information on the record of this investigation, we have made changes to the margin calculations for the final determination for all mandatory respondents. General Issues • We have updated the Indonesian and Indian inflator information for the wholesale price index (‘‘WPI’’) as published in the International Financial Statistics of the International Monetary Fund. See Final Determination of the Antidumping Duty Investigation of Citric Acid and Certain Citrate Salts from the People’s Republic of China: Surrogate Value Memorandum, dated April 6, 2009 (‘‘Final SV Memo’’), at 2. All inflated or deflated surrogate values were revised as a result of the updated inflators. See Issues and Decision Memorandum, at Comment 6. • For the final determination, we deflated the surrogate values for marine insurance and truck freight. See Final SV Memo, at 2, and Issues and Decision Memorandum, at Comment 4. • We have revised the surrogate value for sodium lignosulphonate. See Final SV Memo, at 3, and Issues and Decision Memorandum, at Comment 11B. • We have revised the surrogate financial ratios by including interest expenses in the SG&A calculation. See Final SV Memo, at 3, and Issues and Decision Memorandum, at Comment 3. • Consistent with our practice,1 we have excluded beginning and ending finished goods inventories from the calculation of surrogate financial ratios 1 See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Final Results of the 2004–2005 Semi–Annual New Shipper Reviews, 71 FR 70739 (December 6, 2006) and accompanying Issues and Decision Memorandum, at Comment 5; and Malleable Iron Pipe Fittings from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 70 FR 76234, 76238 (December 23, 2005). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16839 for the final determination. See Final SV Memo, at 3. • Based on the surrogate financial company’s treatment of certain depreciation and warehouse expenses as selling expenses, and depreciation and repairs and maintenance as general and administrative expenses, we have reclassified these expenses from the surrogate factory overhead ratio to the surrogate selling, general, and administrative ratio calculation for the final determination. See Final SV Memo, at 3–4. • We were unable to segregate and, therefore, were unable to exclude energy costs from the calculation of the surrogate financial ratios. Accordingly, we have disregarded the respondents’ energy inputs (coal and steam byproduct offsets for TTCA, electricity and steam for Yixing Union) in the calculation of normal value for purposes of the final determination, in order to avoid double-counting energy costs which have necessarily been captured in the surrogate financial ratios. See Investigation of Citric Acid and Certain Citrate Salts from the People’s Republic of China: Analysis of the Final Determination Margin Calculation for TTCA Co., Ltd., (a.k.a. Shandong TTCA Biochemistry Co., Ltd.), dated April 6, 2009 (‘‘TTCA Final Analysis Memo’’), at 2; see also Investigation of Citric Acid and Certain Citrate Salts from the People’s Republic of China: Analysis of the Final Determination Margin Calculation for Yixing Union Biochemical Co., Ltd., dated April 6, 2009 (‘‘Yixing Union Final Analysis Memo’’), at 1–2; and Issues and Decision Memorandum at Comment 2. Company-Specific Changes Since the Preliminary Determination TTCA • For the final determination, we have adjusted TTCA’s indirect labor. See TTCA Final Analysis Memo at 1–2 and Issues and Decision Memorandum, at Comment 10. • For the final determination, we have added TTCA’s billing adjustment expense to the gross unit price. See TTCA Final Analysis Memo, at 2 and Issues and Decision Memorandum, at Comment 11A. • We have included TTCA’s low protein scrap by-product in the calculation of the normal value. See TTCA Final Analysis Memo, at 2–3 and Issues and Decision Memorandum, at Comment 15. • We have adjusted TTCA’s reported consumption of calcium carbonate to account for the under-reported usage E:\FR\FM\13APN1.SGM 13APN1 16840 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices rate. See TTCA Final Analysis Memo, at 3. Yixing Union • We have valued Yixing Union’s ocean freight using the reported international freight. See Yixing Union Final Analysis Memo. Scope of Investigation The scope of 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 of this investigation 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 of this investigation 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%, by weight, of the product. The scope of this investigation 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. 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 3824.90.9290 of the HTSUS, respectively. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Surrogate Country In the Preliminary Determination, we stated that we had selected Indonesia as VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 the appropriate surrogate country to use in this investigation for the following reasons: (1) it is a significant producer of comparable merchandise; (2) it is at a similar level of economic development comparable to that of the PRC; and (3) we have reliable data from Indonesia that we can use to value the factors of production. See Preliminary Determination. For the final determination, we continue to use Indonesia as the primary surrogate country. See Issues and Decision Memorandum, at Comment 1. Separate Rates In proceedings involving non-marketeconomy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. See Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as amplified by Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994) (‘‘Silicon Carbide’’), and 19 CFR 351.107(d). In the Preliminary Determination, we found that TTCA, Yixing Union and 11 separate rate applicants demonstrated their eligibility for separate rate status. For the final determination, we continue to find that the evidence placed on the record of this investigation by TTCA, Yixing Union, and the separate rate applicants demonstrate both a de jure and de facto absence of government control, with respect to their respective exports of the merchandise under investigation, and, thus continue to find that they are eligible for separate rate status. Use of Facts Available Section 776(a)(2) of the Act, provides that, if an interested party: (A) Withholds information that has been requested by the Department; (B) fails to provide such information in a timely manner or in the form or manner requested subject to sections 782(c)(1) and (e) of the Act; (C) significantly impedes a proceeding under the antidumping statute; or (D) provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Act, use facts otherwise available in reaching the applicable determination. Section 782(c)(1) of the Act provides that if an interested party ‘‘promptly after receiving a request from (the Department) for information, notifies (the Department) that such party is unable to submit the information requested in the requested form and manner, together with a full explanation and suggested alternative forms in which such party is able to submit the information,’’ the Department may modify the requirements to avoid imposing an unreasonable burden on that party. Section 782(d) of the Act provides that, if the Department determines that a response to a request for information does not comply with the request, the Department will inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person the opportunity to remedy or explain the deficiency. If that person submits further information that continues to be unsatisfactory, or this information is not submitted within the applicable time limits, the Department may, subject to section 782(e), disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act states that the Department shall not decline to consider information deemed ‘‘deficient’’ under section 782(d) if: (1) The information is submitted by the established deadline; (2) the information can be verified; (3) the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination; (4) the interested party has demonstrated that it acted to the best of its ability; and (5) the information can be used without undue difficulties. Furthermore, section 776(b) of the Act states that if the Department ‘‘finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority or the Commission, the administering authority or the Commission * * *, in reaching the applicable determination under this title, may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available.’’ See also Statement of Administrative Action (SAA) accompanying the Uruguay Round Agreements Act (URAA), H.R. Rep. No. 103–316, Vol. 1 at 870 (1994). For this final determination, in accordance with sections 776(a)(2)(A), (B) and (D) and 776(b) of the Act, we have determined that the use of adverse E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices facts available (‘‘AFA’’) is warranted for the PRC-wide entity, as discussed below. The PRC-Wide Rate Because we begin with the presumption that all companies within an NME country are subject to government control and because only the companies listed under the ‘‘Final Determination Margins’’ section below have overcome that presumption, we are applying a single antidumping rate—the PRC-wide rate—to all other exporters of subject merchandise from the PRC. See, e.g., Synthetic Indigo from the People’s Republic of China: Notice of Final Determination of Sales at Less Than Fair Value, 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise except for entries from the respondents identified as receiving a separate rate in the ‘‘Final Determination Margins’’ section below. In the Preliminary Determination, the Department found that the PRC-wide entity did not respond to our requests for information because record evidence indicates there were more exporters of citric acid from the PRC during the POI than those that were found to be eligible for a separate rate and responded to the Q&V questionnaire or the full antidumping questionnaire. Therefore, in the Preliminary Determination we treated these PRC exporters as part of the PRC-wide entity because they did not demonstrate that they operate free of government control over their export activities. No additional information was placed on the record with respect to these entities after the Preliminary Determination. In addition, because the PRC-wide entity has not provided the Department with the requested information, pursuant to section 776(a)(2)(A) and (C) of the Act, the Department continues to find that the use of facts available is appropriate to determine the PRC-wide rate. Section 776(b) of the Act provides that, in selecting from among the facts otherwise available, the Department may employ an adverse inference if an interested party fails to cooperate by not acting to the best of its ability to comply with requests for information. See Notice of Final Determination of Sales at Less Than Fair Value: Certain ColdRolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation, 65 FR 5510, 5518 (February 4, 2000). See also SAA at 870. We have determined that, because the PRC-wide entity did not respond to our request for information, it has failed to cooperate to the best of its ability. Therefore, the Department finds that, in selecting from among the facts otherwise available, an adverse inference is warranted. In the Preliminary Determination, as facts available, we assigned to the PRCwide entity the margin alleged in the petition, i.e., 156.87 percent. See Preliminary Determination, 73 FR at 70332. For the final determination, we have continued to assign to the PRCwide entity the rate of 156.87 percent. Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information in using the facts otherwise available, it must, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. We have interpreted ‘‘corroborate’’ to mean that we will, to the extent practicable, examine the reliability and relevance of the information submitted. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil, 65 FR 5554, 5568 (February 4, 2000); see, e.g., Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996), unchanged in Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan: Final Results of Antidumping Duty 16841 Administrative Reviews and Termination in Part, 62 FR 11825 (March 13, 1997). The Department’s reliance on the petition rate to determine an AFA rate is subject to the requirement to corroborate secondary information. At the Preliminary Determination, in accordance with section 776(c) of the Act, we corroborated our AFA margin by comparing the U.S. prices and normal values from the petition to the U.S. prices and normal values for the mandatory respondents. Similarly, for the final determination, we have also compared the U.S. prices and normal values from the petition (that were used to derive the margin for our initiation of this proceeding) to the U.S. prices and normal values for the mandatory respondents. We found that the U.S. prices and normal values used to calculate the initiation margin were within the range of net U.S. prices and normal values, respectively, used in our margin calculations for the mandatory respondents in this investigation. Because no parties commented on the selection of the PRC-wide rate, we continue to find that the margin of 156.87 percent has probative value. Accordingly, we find that the rate of 156.87 percent is corroborated within the meaning of section 776(c) of the Act. Combination Rates In the Preliminary Determination, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. See Preliminary Determination, 73 FR at 62961. This practice is described in Policy Bulletin 05.1, ‘‘Separate Rates Practice and Application of Combination Rates in Antidumping Investigations Involving Non-Market Economy Countries’’ available at http://ia.ita.doc.gov/policy/index.html. Final Determination Margins We determine that the following percentage weighted-average margins exist for the POI: Exporter Producer TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co., Ltd.). Yixing Union Biochemical Co., Ltd ............................................. Anhui BBCA Biochemical Co., Ltd ............................................. Anhui BBCA Biochemical Co., Ltd ............................................. A.H.A. International Co., Ltd ...................................................... A.H.A. International Co., Ltd ...................................................... High Hope International Group Jiangsu Native Produce IMP & EXP Co., Ltd. Huangshi Xinghua Biochemical Co., Ltd .................................... TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co., Ltd.). Yixing Union Biochemical Co., Ltd ............................................. Anhui BBCA Biochemical Co., Ltd ............................................. China BBCA Maanshan Biochemical Corp ................................ Yixing Union Biochemical Co., Ltd ............................................. Nantong Feiyu Fine Chemical Co., Ltd ...................................... Yixing Union Biochemical Co., Ltd ............................................. 129.08 Huangshi Xinghua Biochemical Co., Ltd .................................... 111.85 VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM Margin 13APN1 94.61 111.85 111.85 111.85 111.85 111.85 16842 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices Exporter Producer Lianyungang JF International Trade Co., Ltd ............................ TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co., Ltd.). Laiwu Taihe Biochemistry Co., Ltd ............................................ Lianyungang Great Chemical Industry Co., Ltd ......................... 111.85 Penglai Marine Bio-Tech Co. Ltd ............................................... RZBC Co., Ltd ............................................................................ 111.85 111.85 RZBC (Juxian) Co., Ltd .............................................................. 111.85 Lianyungang Great Chemical Industry Co., Ltd ......................... 111.85 Shihezi City Changyun Biochemical Co., Ltd ............................ Weifang Ensign Industry Co., Ltd .............................................. ..................................................................................................... 111.85 111.85 156.87 Laiwu Taihe Biochemistry Co., Ltd ............................................ Lianyungang Shuren Scientific Creation Import & Export Co., Ltd. Penglai Marine Bio-Tech Co. Ltd ............................................... RZBC Imp & Exp. Co., Ltd./RZBC Co., Ltd./RZBC (Juxian) Co., Ltd. RZBC Imp & Exp. Co., Ltd./RZBC Co., Ltd./RZBC (Juxian) Co., Ltd. RZBC Imp & Exp. Co., Ltd./RZBC Co., Ltd./RZBC (Juxian) Co., Ltd. Shihezi City Changyun Biochemical Co., Ltd ............................ Weifang Ensign Industry Co., Ltd .............................................. PRC-Wide Entity ......................................................................... Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all imports of subject merchandise entered or withdrawn from warehouse, for consumption on or after November 20, 2008, the date of publication of the Preliminary Determination in the Federal Register. We will instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the estimated weighted-average dumping margins shown above, adjusted for the export subsidy rate determined in CVD Citric Acid Final (i.e., countervailable subsidy of 1.76 percent ad valorem). See Citric Acid and Certain Citrate Salts From the People’s Republic of China: Final Affirmative Countervailing Duty Determination (‘‘CVD Citric Acid Final’’), to be published concurrently with this notice. Furthermore, for all separate-rate recipients that were not selected as mandatory respondents, we will instruct CBP to require an antidumping cash deposit or the posting of a bond for each entry equal to the average of the margins calculated for the mandatory respondents, adjusted for their respective export subsidy rates, if applicable, from CVD Citric Acid Final. The suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (‘‘ITC’’) VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, within 45 days the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: April 6, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Margin Comment 2: Treatment of Energy in the Surrogate Financial Statements Comment 3: Treatment of Interest Expense and Income in Selling, General and Administrative Expenses Comment 4: Correct Calculation for the Inflator of the Indian Trucking Value Comment 5A: Surrogate Value for Hydrochloric Acid/Hydrogen Chloride Comment 5B: Surrogate Value for Calcium Carbonate Comment 5C: Surrogate Value for Coal Comment 5D: Surrogate Value for Water Comment 5E: Surrogate Value for Brokerage and Handling Comment 6: Indonesian Inflator Comment 7: Valuation of High Protein Corn By-Product Comment 8: Additional Expenses for Sales of Corn Feed By-Product Offset Issues Specific to TTCA Comment 9: Date of Sale: Contract Date Versus Invoice Date Comment 10: Adjustment of TTCA’s Labor Factors Comment 11A: Correction of Clerical Error in Application of Billing Adjustment Comment 11B: Correction of Clerical Error in the Surrogate Value of Sodium Lignosulphonate Comment 12: Offset for Steam By-Product Comment 13: Use of TTCA’s MarketEconomy Freight Costs Comment 14: Adjustment of the Surrogate Value for Hydrochloric Acid/Hydrogen Chloride Comment 15: Low-Protein Scrap Offset Issues Specific to Yixing Union Comment 16: Yixing Union Corn Usage Rate Comment 17: Yixing Union Mycelium ByProduct Offset Comment 18: Inflation of the Surrogate Value for Steam [FR Doc. E9–8359 Filed 4–10–09; 8:45 am] BILLING CODE 3510–DS–P Appendix General Issues Comment 1: Selection of Surrogate Country PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 111.85 111.85 E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Pages 16838-16842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8359]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-937]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Final Affirmative Determination of Sales at Less Than Fair 
Value

AGENCY: International Trade Administration, Department of Commerce.

DATES: Effective Date: April 13, 2009.

SUMMARY: We invited interested parties to comment on our preliminary 
determination of sales at LTFV. The Department of Commerce (``the 
Department'') has determined that citric acid and certain citrate salts 
(``citric acid'') from the People's Republic of China (``PRC'') is 
being, or is likely to be, sold in the United States at LTFV as 
provided in section 735 of the Tariff Act of 1930, as amended (``the 
Act''). The estimated margins of sales at less than

[[Page 16839]]

fair value (``LTFV'') are shown in the ``Final Determination Margins'' 
section of this notice.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Andrea Staebler 
Berton, AD/CVD Operations, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-6412 or (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    The Department published its preliminary determination of sales at 
LTFV on November 20, 2008. See Citric Acid and Certain Citrate Salts 
from the People's Republic of China: Preliminary Determination of Sales 
at Less Than Fair Value and Postponement of Final Determination, 73 FR 
70328 (November 20, 2008) (``Preliminary Determination''). The period 
of investigation (``POI'') is October 1, 2007, to March 31, 2008.
    Between January 7 and 20, 2009, the Department conducted 
verifications of TTCA Co., Ltd. (aka Shandong TTCA Biochemistry Co., 
Ltd.) (``TTCA'') and Yixing Union Biochemical Co., Ltd. (``Yixing 
Union'') (``respondents''). See the ``Verification'' section below for 
additional information.
    We invited interested parties to comment on the Preliminary 
Determination. On February 25, 2009, Archer Daniels Midland Company, 
Cargill, Incorporated, and Tate & Lyle Americas, Inc. (collectively, 
``Petitioners''), TTCA, and Yixing Union filed case briefs. On March 2, 
2009, Petitioners, TTCA, and Yixing Union filed rebuttal briefs. The 
Department held a hearing on March 12, 2009.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by TTCA and Yixing Union for use in our final 
determination. See the Department's verification reports on the record 
of this investigation in the Central Records Unit (``CRU''), Room 1117 
of the main Department building, with respect to these entities. For 
all verified companies, we used standard verification procedures, 
including examination of relevant accounting and production records, as 
well as original source documents provided by respondents.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs, and at the 
hearing, by parties to this investigation are addressed in the ``Issues 
and Decision Memorandum for the Investigation of Citric Acid and 
Certain Citrate Salts from the People's Republic of China,'' dated 
concurrently with this notice and which is hereby adopted by this 
notice (``Issues and Decision Memorandum''). A list of the issues which 
parties raised and to which we respond in the Issues and Decision 
Memorandum is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on file in the CRU, and 
is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy 
and electronic version of the memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our analysis of information on the record of this 
investigation, we have made changes to the margin calculations for the 
final determination for all mandatory respondents.

General Issues

     We have updated the Indonesian and Indian inflator 
information for the wholesale price index (``WPI'') as published in the 
International Financial Statistics of the International Monetary Fund. 
See Final Determination of the Antidumping Duty Investigation of Citric 
Acid and Certain Citrate Salts from the People's Republic of China: 
Surrogate Value Memorandum, dated April 6, 2009 (``Final SV Memo''), at 
2. All inflated or deflated surrogate values were revised as a result 
of the updated inflators. See Issues and Decision Memorandum, at 
Comment 6.
     For the final determination, we deflated the surrogate 
values for marine insurance and truck freight. See Final SV Memo, at 2, 
and Issues and Decision Memorandum, at Comment 4.
     We have revised the surrogate value for sodium 
lignosulphonate. See Final SV Memo, at 3, and Issues and Decision 
Memorandum, at Comment 11B.
     We have revised the surrogate financial ratios by 
including interest expenses in the SG&A calculation. See Final SV Memo, 
at 3, and Issues and Decision Memorandum, at Comment 3.
     Consistent with our practice,\1\ we have excluded 
beginning and ending finished goods inventories from the calculation of 
surrogate financial ratios for the final determination. See Final SV 
Memo, at 3.
---------------------------------------------------------------------------

    \1\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results of the 2004-2005 Semi-Annual New 
Shipper Reviews, 71 FR 70739 (December 6, 2006) and accompanying 
Issues and Decision Memorandum, at Comment 5; and Malleable Iron 
Pipe Fittings from the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review, 70 FR 76234, 
76238 (December 23, 2005).
---------------------------------------------------------------------------

     Based on the surrogate financial company's treatment of 
certain depreciation and warehouse expenses as selling expenses, and 
depreciation and repairs and maintenance as general and administrative 
expenses, we have reclassified these expenses from the surrogate 
factory overhead ratio to the surrogate selling, general, and 
administrative ratio calculation for the final determination. See Final 
SV Memo, at 3-4.
     We were unable to segregate and, therefore, were unable to 
exclude energy costs from the calculation of the surrogate financial 
ratios. Accordingly, we have disregarded the respondents' energy inputs 
(coal and steam by-product offsets for TTCA, electricity and steam for 
Yixing Union) in the calculation of normal value for purposes of the 
final determination, in order to avoid double-counting energy costs 
which have necessarily been captured in the surrogate financial ratios. 
See Investigation of Citric Acid and Certain Citrate Salts from the 
People's Republic of China: Analysis of the Final Determination Margin 
Calculation for TTCA Co., Ltd., (a.k.a. Shandong TTCA Biochemistry Co., 
Ltd.), dated April 6, 2009 (``TTCA Final Analysis Memo''), at 2; see 
also Investigation of Citric Acid and Certain Citrate Salts from the 
People's Republic of China: Analysis of the Final Determination Margin 
Calculation for Yixing Union Biochemical Co., Ltd., dated April 6, 2009 
(``Yixing Union Final Analysis Memo''), at 1-2; and Issues and Decision 
Memorandum at Comment 2.

Company-Specific Changes Since the Preliminary Determination

TTCA

     For the final determination, we have adjusted TTCA's 
indirect labor. See TTCA Final Analysis Memo at 1-2 and Issues and 
Decision Memorandum, at Comment 10.
     For the final determination, we have added TTCA's billing 
adjustment expense to the gross unit price. See TTCA Final Analysis 
Memo, at 2 and Issues and Decision Memorandum, at Comment 11A.
     We have included TTCA's low protein scrap by-product in 
the calculation of the normal value. See TTCA Final Analysis Memo, at 
2-3 and Issues and Decision Memorandum, at Comment 15.
     We have adjusted TTCA's reported consumption of calcium 
carbonate to account for the under-reported usage

[[Page 16840]]

rate. See TTCA Final Analysis Memo, at 3.

Yixing Union

     We have valued Yixing Union's ocean freight using the 
reported international freight. See Yixing Union Final Analysis Memo.

Scope of Investigation

    The scope of 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 of this investigation 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 of this investigation 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%, by weight, of the product. The scope of this investigation 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. 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 3824.90.9290 of the HTSUS, respectively. Blends that 
include citric acid, sodium citrate, and potassium citrate are 
classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
Indonesia as the appropriate surrogate country to use in this 
investigation for the following reasons: (1) it is a significant 
producer of comparable merchandise; (2) it is at a similar level of 
economic development comparable to that of the PRC; and (3) we have 
reliable data from Indonesia that we can use to value the factors of 
production. See Preliminary Determination. For the final determination, 
we continue to use Indonesia as the primary surrogate country. See 
Issues and Decision Memorandum, at Comment 1.

Separate Rates

    In proceedings involving non-market-economy (``NME'') countries, 
the Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
an investigation in an NME country this single rate unless an exporter 
can demonstrate that it is sufficiently independent so as to be 
entitled to a separate rate. See Final Determination of Sales at Less 
Than Fair Value: Sparklers from the People's Republic of China, 56 FR 
20588 (May 6, 1991) (``Sparklers''), as amplified by Notice of Final 
Determination of Sales at Less Than Fair Value: Silicon Carbide from 
the People's Republic of China, 59 FR 22585 (May 2, 1994) (``Silicon 
Carbide''), and 19 CFR 351.107(d).
    In the Preliminary Determination, we found that TTCA, Yixing Union 
and 11 separate rate applicants demonstrated their eligibility for 
separate rate status. For the final determination, we continue to find 
that the evidence placed on the record of this investigation by TTCA, 
Yixing Union, and the separate rate applicants demonstrate both a de 
jure and de facto absence of government control, with respect to their 
respective exports of the merchandise under investigation, and, thus 
continue to find that they are eligible for separate rate status.

Use of Facts Available

    Section 776(a)(2) of the Act, provides that, if an interested 
party: (A) Withholds information that has been requested by the 
Department; (B) fails to provide such information in a timely manner or 
in the form or manner requested subject to sections 782(c)(1) and (e) 
of the Act; (C) significantly impedes a proceeding under the 
antidumping statute; or (D) provides such information but the 
information cannot be verified, the Department shall, subject to 
subsection 782(d) of the Act, use facts otherwise available in reaching 
the applicable determination.
    Section 782(c)(1) of the Act provides that if an interested party 
``promptly after receiving a request from (the Department) for 
information, notifies (the Department) that such party is unable to 
submit the information requested in the requested form and manner, 
together with a full explanation and suggested alternative forms in 
which such party is able to submit the information,'' the Department 
may modify the requirements to avoid imposing an unreasonable burden on 
that party.
    Section 782(d) of the Act provides that, if the Department 
determines that a response to a request for information does not comply 
with the request, the Department will inform the person submitting the 
response of the nature of the deficiency and shall, to the extent 
practicable, provide that person the opportunity to remedy or explain 
the deficiency. If that person submits further information that 
continues to be unsatisfactory, or this information is not submitted 
within the applicable time limits, the Department may, subject to 
section 782(e), disregard all or part of the original and subsequent 
responses, as appropriate.
    Section 782(e) of the Act states that the Department shall not 
decline to consider information deemed ``deficient'' under section 
782(d) if: (1) The information is submitted by the established 
deadline; (2) the information can be verified; (3) the information is 
not so incomplete that it cannot serve as a reliable basis for reaching 
the applicable determination; (4) the interested party has demonstrated 
that it acted to the best of its ability; and (5) the information can 
be used without undue difficulties.
    Furthermore, section 776(b) of the Act states that if the 
Department ``finds that an interested party has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information from the administering authority or the Commission, the 
administering authority or the Commission * * *, in reaching the 
applicable determination under this title, may use an inference that is 
adverse to the interests of that party in selecting from among the 
facts otherwise available.'' See also Statement of Administrative 
Action (SAA) accompanying the Uruguay Round Agreements Act (URAA), H.R. 
Rep. No. 103-316, Vol. 1 at 870 (1994).
    For this final determination, in accordance with sections 
776(a)(2)(A), (B) and (D) and 776(b) of the Act, we have determined 
that the use of adverse

[[Page 16841]]

facts available (``AFA'') is warranted for the PRC-wide entity, as 
discussed below.

The PRC-Wide Rate

    Because we begin with the presumption that all companies within an 
NME country are subject to government control and because only the 
companies listed under the ``Final Determination Margins'' section 
below have overcome that presumption, we are applying a single 
antidumping rate--the PRC-wide rate--to all other exporters of subject 
merchandise from the PRC. See, e.g., Synthetic Indigo from the People's 
Republic of China: Notice of Final Determination of Sales at Less Than 
Fair Value, 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all 
entries of subject merchandise except for entries from the respondents 
identified as receiving a separate rate in the ``Final Determination 
Margins'' section below. In the Preliminary Determination, the 
Department found that the PRC-wide entity did not respond to our 
requests for information because record evidence indicates there were 
more exporters of citric acid from the PRC during the POI than those 
that were found to be eligible for a separate rate and responded to the 
Q&V questionnaire or the full antidumping questionnaire. Therefore, in 
the Preliminary Determination we treated these PRC exporters as part of 
the PRC-wide entity because they did not demonstrate that they operate 
free of government control over their export activities. No additional 
information was placed on the record with respect to these entities 
after the Preliminary Determination. In addition, because the PRC-wide 
entity has not provided the Department with the requested information, 
pursuant to section 776(a)(2)(A) and (C) of the Act, the Department 
continues to find that the use of facts available is appropriate to 
determine the PRC-wide rate. Section 776(b) of the Act provides that, 
in selecting from among the facts otherwise available, the Department 
may employ an adverse inference if an interested party fails to 
cooperate by not acting to the best of its ability to comply with 
requests for information. See Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality 
Steel Products from the Russian Federation, 65 FR 5510, 5518 (February 
4, 2000). See also SAA at 870. We have determined that, because the 
PRC-wide entity did not respond to our request for information, it has 
failed to cooperate to the best of its ability. Therefore, the 
Department finds that, in selecting from among the facts otherwise 
available, an adverse inference is warranted.
    In the Preliminary Determination, as facts available, we assigned 
to the PRC-wide entity the margin alleged in the petition, i.e., 156.87 
percent. See Preliminary Determination, 73 FR at 70332. For the final 
determination, we have continued to assign to the PRC-wide entity the 
rate of 156.87 percent.

Corroboration

    Section 776(c) of the Act provides that, when the Department relies 
on secondary information in using the facts otherwise available, it 
must, to the extent practicable, corroborate that information from 
independent sources that are reasonably at its disposal. We have 
interpreted ``corroborate'' to mean that we will, to the extent 
practicable, examine the reliability and relevance of the information 
submitted. See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products 
from Brazil, 65 FR 5554, 5568 (February 4, 2000); see, e.g., Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, 
and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, 
and Components Thereof, from Japan; Preliminary Results of Antidumping 
Duty Administrative Reviews and Partial Termination of Administrative 
Reviews, 61 FR 57391, 57392 (November 6, 1996), unchanged in Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, 
and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, 
and Components Thereof, from Japan: Final Results of Antidumping Duty 
Administrative Reviews and Termination in Part, 62 FR 11825 (March 13, 
1997). The Department's reliance on the petition rate to determine an 
AFA rate is subject to the requirement to corroborate secondary 
information.
    At the Preliminary Determination, in accordance with section 776(c) 
of the Act, we corroborated our AFA margin by comparing the U.S. prices 
and normal values from the petition to the U.S. prices and normal 
values for the mandatory respondents. Similarly, for the final 
determination, we have also compared the U.S. prices and normal values 
from the petition (that were used to derive the margin for our 
initiation of this proceeding) to the U.S. prices and normal values for 
the mandatory respondents. We found that the U.S. prices and normal 
values used to calculate the initiation margin were within the range of 
net U.S. prices and normal values, respectively, used in our margin 
calculations for the mandatory respondents in this investigation.
    Because no parties commented on the selection of the PRC-wide rate, 
we continue to find that the margin of 156.87 percent has probative 
value. Accordingly, we find that the rate of 156.87 percent is 
corroborated within the meaning of section 776(c) of the Act.

Combination Rates

    In the Preliminary Determination, the Department stated that it 
would calculate combination rates for the respondents that are eligible 
for a separate rate in this investigation. See Preliminary 
Determination, 73 FR at 62961. This practice is described in Policy 
Bulletin 05.1, ``Separate Rates Practice and Application of Combination 
Rates in Antidumping Investigations Involving Non-Market Economy 
Countries'' available at http://ia.ita.doc.gov/policy/index.html.

Final Determination Margins

    We determine that the following percentage weighted-average margins 
exist for the POI:

------------------------------------------------------------------------
             Exporter                     Producer            Margin
------------------------------------------------------------------------
TTCA Co., Ltd. (a.k.a. Shandong     TTCA Co., Ltd.                129.08
 TTCA Biochemistry Co., Ltd.).       (a.k.a. Shandong
                                     TTCA Biochemistry
                                     Co., Ltd.).
Yixing Union Biochemical Co., Ltd.  Yixing Union                   94.61
                                     Biochemical Co.,
                                     Ltd.
Anhui BBCA Biochemical Co., Ltd...  Anhui BBCA                    111.85
                                     Biochemical Co.,
                                     Ltd.
Anhui BBCA Biochemical Co., Ltd...  China BBCA Maanshan           111.85
                                     Biochemical Corp.
A.H.A. International Co., Ltd.....  Yixing Union                  111.85
                                     Biochemical Co.,
                                     Ltd.
A.H.A. International Co., Ltd.....  Nantong Feiyu Fine            111.85
                                     Chemical Co., Ltd.
High Hope International Group       Yixing Union                  111.85
 Jiangsu Native Produce IMP & EXP    Biochemical Co.,
 Co., Ltd.                           Ltd.
Huangshi Xinghua Biochemical Co.,   Huangshi Xinghua              111.85
 Ltd.                                Biochemical Co.,
                                     Ltd.

[[Page 16842]]

 
Lianyungang JF International Trade  TTCA Co., Ltd.                111.85
 Co., Ltd.                           (a.k.a. Shandong
                                     TTCA Biochemistry
                                     Co., Ltd.).
Laiwu Taihe Biochemistry Co., Ltd.  Laiwu Taihe                   111.85
                                     Biochemistry Co.,
                                     Ltd.
Lianyungang Shuren Scientific       Lianyungang Great             111.85
 Creation Import & Export Co., Ltd.  Chemical Industry
                                     Co., Ltd.
Penglai Marine Bio-Tech Co. Ltd...  Penglai Marine Bio-           111.85
                                     Tech Co. Ltd.
RZBC Imp & Exp. Co., Ltd./RZBC      RZBC Co., Ltd.......          111.85
 Co., Ltd./RZBC (Juxian) Co., Ltd.
RZBC Imp & Exp. Co., Ltd./RZBC      RZBC (Juxian) Co.,            111.85
 Co., Ltd./RZBC (Juxian) Co., Ltd.   Ltd.
RZBC Imp & Exp. Co., Ltd./RZBC      Lianyungang Great             111.85
 Co., Ltd./RZBC (Juxian) Co., Ltd.   Chemical Industry
                                     Co., Ltd.
Shihezi City Changyun Biochemical   Shihezi City                  111.85
 Co., Ltd.                           Changyun
                                     Biochemical Co.,
                                     Ltd.
Weifang Ensign Industry Co., Ltd..  Weifang Ensign                111.85
                                     Industry Co., Ltd.
PRC-Wide Entity...................  ....................          156.87
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all imports of subject merchandise entered or 
withdrawn from warehouse, for consumption on or after November 20, 
2008, the date of publication of the Preliminary Determination in the 
Federal Register. We will instruct CBP to continue to require a cash 
deposit or the posting of a bond for all companies based on the 
estimated weighted-average dumping margins shown above, adjusted for 
the export subsidy rate determined in CVD Citric Acid Final (i.e., 
countervailable subsidy of 1.76 percent ad valorem). See Citric Acid 
and Certain Citrate Salts From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination (``CVD Citric Acid 
Final''), to be published concurrently with this notice. Furthermore, 
for all separate-rate recipients that were not selected as mandatory 
respondents, we will instruct CBP to require an antidumping cash 
deposit or the posting of a bond for each entry equal to the average of 
the margins calculated for the mandatory respondents, adjusted for 
their respective export subsidy rates, if applicable, from CVD Citric 
Acid Final. The suspension of liquidation instructions will remain in 
effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our final determination of 
sales at LTFV. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, within 45 days the ITC will 
determine whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports or sales (or the likelihood of sales) for importation of the 
subject merchandise. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing CBP to assess antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: April 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

General Issues

Comment 1: Selection of Surrogate Country
Comment 2: Treatment of Energy in the Surrogate Financial Statements
Comment 3: Treatment of Interest Expense and Income in Selling, 
General and Administrative Expenses
Comment 4: Correct Calculation for the Inflator of the Indian 
Trucking Value
Comment 5A: Surrogate Value for Hydrochloric Acid/Hydrogen Chloride
Comment 5B: Surrogate Value for Calcium Carbonate
Comment 5C: Surrogate Value for Coal
Comment 5D: Surrogate Value for Water
Comment 5E: Surrogate Value for Brokerage and Handling
Comment 6: Indonesian Inflator
Comment 7: Valuation of High Protein Corn By-Product
Comment 8: Additional Expenses for Sales of Corn Feed By-Product 
Offset

Issues Specific to TTCA

Comment 9: Date of Sale: Contract Date Versus Invoice Date
Comment 10: Adjustment of TTCA's Labor Factors
Comment 11A: Correction of Clerical Error in Application of Billing 
Adjustment
Comment 11B: Correction of Clerical Error in the Surrogate Value of 
Sodium Lignosulphonate
Comment 12: Offset for Steam By-Product
Comment 13: Use of TTCA's Market-Economy Freight Costs
Comment 14: Adjustment of the Surrogate Value for Hydrochloric Acid/
Hydrogen Chloride
Comment 15: Low-Protein Scrap Offset

Issues Specific to Yixing Union

Comment 16: Yixing Union Corn Usage Rate
Comment 17: Yixing Union Mycelium By-Product Offset
Comment 18: Inflation of the Surrogate Value for Steam
[FR Doc. E9-8359 Filed 4-10-09; 8:45 am]
BILLING CODE 3510-DS-P