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]
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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
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18:51 Apr 10, 2009
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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
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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:
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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
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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
https://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).
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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
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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
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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
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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
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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
https://ia.ita.doc.gov/policy/.
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
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94.61
111.85
111.85
111.85
111.85
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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]
-----------------------------------------------------------------------
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 https://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 https://ia.ita.doc.gov/policy/.
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
