Citric Acid and Certain Citrate Salts From Canada: Final Results of Antidumping Duty Administrative Review, 24461-24462 [2012-9826]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24461-24462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9826]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-853]


Citric Acid and Certain Citrate Salts From Canada: Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 7, 2012, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on citric acid and certain citrate 
salts from Canada. The review covers one manufacturer/exporter of the 
subject merchandise: Jungbunzlauer Canada Inc. (JBL Canada). The period 
of review (POR) is May 1, 2010, through April 30, 2011.
    No interested party submitted comments on the preliminary results. 
We have made no changes to the margin calculation for the final results 
of this review. Therefore, the final results do not differ from the 
preliminary results. The final weighted-average dumping margin for JBL 
Canada is listed below in the ``Final Results of Review'' section of 
this notice.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007 
or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The review covers one manufacturer/exporter of the subject 
merchandise: JBL Canada.
    On February 7, 2012, the Department published in the Federal 
Register the preliminary results of administrative review of the 
antidumping duty order on citric acid and certain citrate salts from 
Canada. See Citric Acid and Certain Citrate Salts from Canada: 
Preliminary Results of Antidumping Duty Administrative Review, 77 FR 
6061 (February 7, 2012) (Preliminary Results).
    We invited parties to comment on the preliminary results of the 
review. No interested party submitted comments. The Department has 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The scope of this order includes all grades and granulation sizes 
of citric acid, sodium citrate, and potassium citrate in their 
unblended forms, whether dry or in solution, and regardless of 
packaging type. The scope also includes blends of citric acid, sodium 
citrate, and potassium citrate; as well as blends with other 
ingredients, such as sugar, where the unblended form(s) of citric acid, 
sodium citrate, and potassium citrate constitute 40 percent or more, by 
weight, of the blend. The scope of this order 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 order does not include calcium citrate that satisfies the 
standards set forth in the United States Pharmacopeia and has been 
mixed with a functional excipient, such as dextrose or starch, where 
the excipient constitutes at least 2 percent, by weight, of the 
product. The scope of this order 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.

Period of Review

    The POR is May 1, 2010, through April 30, 2011.

Final Results of the Review

    We determine that a weighted-average dumping margin exists for JBL 
Canada for the period May 1, 2010, through April 30, 2011, as follows:

------------------------------------------------------------------------
                                                                 Percent
                     Manufacturer/exporter                       margin
------------------------------------------------------------------------
Jungbunzlauer Canada Inc......................................      2.34
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b)(1). Pursuant to 19 CFR 
356.8(a), the Department intends to issue appropriate appraisement 
instructions for the respondent subject to this review directly to CBP 
41 days after the date of publication of the final results of this 
review.
    For those sales where JBL Canada reported the entered value of its 
U.S. sales, we calculated importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of the 
examined sales to that importer. For those sales where the respondent 
did not know the entered value or importer of its U.S. sales, we 
calculated customer-specific per-unit duty assessment rates by 
aggregating the total amount of antidumping duties calculated for the 
examined sales and dividing this amount by the total quantity of those 
sales. To determine whether the per-unit duty assessment rates are de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(1), we calculated customer-specific ad valorem ratios based 
on the estimated entered value.
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., at or

[[Page 24462]]

above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct 
CBP to liquidate without regard to antidumping duties any entries for 
which the assessment rate is de minimis (i.e., less than 0.50 percent). 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by the company included in these 
final results of review for which the reviewed company did not know 
that the merchandise it sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate effective during the POR if there is no rate for 
the intermediary involved in the transaction. See Assessment Policy 
Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not participating in this review, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a previous review, or the original less-than-fair-value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 23.21 percent, the 
all-others rate made effective by the LTFV investigation. See Citric 
Acid and Certain Citrate Salts from Canada and the People's Republic of 
China: Antidumping Duty Orders, 74 FR 25703 (May 29, 2009). These 
deposit requirements shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to 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(a)(3). Timely written 
notification of return/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 administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: April 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9826 Filed 4-23-12; 8:45 am]
BILLING CODE 3510-DS-P