Citric Acid and Certain Citrate Salts from the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review, in Part, 56188-56189 [2012-22474]
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Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Notices
briefs.72 Parties who submit arguments
are requested to submit with the
argument (a) a statement of the issue, (b)
a brief summary of the argument, and (c)
a table of authorities. Parties submitting
briefs should do so pursuant to the
Department’s electronic filing system,
IA ACCESS.73
Unless the deadline is extended,
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of these reviews, including the
results of our analysis of the issues
raised by the parties in their comments,
within 120 days of publication of the
preliminary results. The assessment of
antidumping duties on entries of
merchandise covered by this review and
future deposits of estimated duties shall
be based on the final results of these
reviews.
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rates
In accordance with section 351.212(b)
of the Department’s regulations, upon
issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by these
reviews. The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final result. For any individually
examined respondent whose weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of these reviews, the Department
will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of
sales, in accordance with section
351.212(b)(1) of the Department’s
regulations. As noted above, in this and
future reviews, we will direct CBP to
assess importer-specific assessment
rates based on the resulting per-unit
(i.e., per-kilogram) rates by the weight in
kilograms of each entry of the subject
merchandise during the POR. In these
preliminary results, the Department
applied the assessment rate calculation
method adopted in Final Modifications
for Reviews, i.e., on the basis of monthly
average-to-average comparisons using
only the transactions associated with
that importer with offsets being
provided for non-dumped
comparisons.74 Where an importer/
72 See sections 351.309(c)(1)(ii) and 351.309(d) of
the Department’s regulations.
73 See section 351.303 of the Department’s
regulations; see also https://iaaccess.trade.gov/
help/IA%20ACCESS%20User%20Guide.pdf.
74 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
VerDate Mar<15>2010
18:51 Sep 11, 2012
Jkt 226001
customer-specific per-unit rate is greater
than de minimis, we will apply the
assessment rate to the entered value of
the importer’s/customer’s entries during
the POR, in accordance with section
351.212(b)(1) of the Department’s
regulations. Where an importer/
customer-specific per-unit rate is zero or
de minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.75
For the companies receiving a
separate rate that were not selected for
individual review, we will assign an
assessment rate based on the average of
the mandatory respondents, as
discussed above. We intend to instruct
CBP to liquidate entries containing
subject merchandise exported by the
Vietnam-wide entity at the Vietnamwide rate. Finally, for those companies
for which this review has been
preliminarily rescinded, the Department
intends to assess antidumping duties at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with section 351.212(c)(2) of
the Department’s regulations, if the
review is rescinded for these companies.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of these
reviews for all shipments of the subject
merchandise from Vietnam entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (a) For the
exporters listed above, the cash deposit
rate will be established in the final
results of these reviews (except, if the
rate is zero or de minimis, no cash
deposit will be required for that
company); (b) for previously
investigated or reviewed Vietnamese
and non-Vietnamese exporters not listed
above that have a separate rate, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (c) for all
Vietnamese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the
Vietnam-wide rate of $2.11 per
kilogram; and (d) for all non-Vietnamese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnamese exporters
(February 14, 2012) (‘‘Final Modifications for
Reviews’’).
75 See 351.106(c)(2) of the Department’s
regulations.
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Frm 00011
Fmt 4703
Sfmt 4703
that supplied that non-Vietnamese
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
This notice serves as a preliminary
reminder to importers of their
responsibility under section
351.402(f)(2) of the Department’s
regulations to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this POR. 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.
We are issuing and publishing this
determination in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: August 30, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–22484 Filed 9–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–938]
Citric Acid and Certain Citrate Salts
from the People’s Republic of China:
Notice of Rescission of Countervailing
Duty Administrative Review, in Part
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 12,
2012.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4014, 14th Street and Constitution Ave.
NW., Washington, DC 20230, telephone:
(202) 482–4793
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2012, the Department of
Commerce (the Department) published a
notice of opportunity to request an
administrative review of the
countervailing duty (CVD) order on
citric acid and certain citrate salts from
the People’s Republic of China.1 On
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
E:\FR\FM\12SEN1.SGM
12SEN1
Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Notices
May 31, 2012, we received a request
from Archer Daniels Midland Company,
Cargill, Incorporated, and Tate & Lyle
Ingredients Americas LLC, domestic
producers of the subject merchandise
and petitioners in the investigation
(collectively, the Petitioners), to conduct
an administrative review of YixingUnion Biochemical Co., Ltd. (YixingUnion).2
On July 10, 2012, the Department
published the notice of initiation of the
administrative review for the review
period January 1, 2011, through
December 31, 2011 (POR), which
covered Yixing-Union and the RZBC
Companies.3 On July 13, 2012, YixingUnion submitted a letter certifying that
it had no sales, shipments, or exports of
subject merchandise to the United
States during the POR. On August 8,
2012, the Department published a notice
of intent to rescind Yixing-Union’s
administrative review and invited
interested parties to comment.4 We
received no comments, and have
determined that the review of YixingUnion should be rescinded.
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
The scope of the 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 the order also includes all
forms of crude calcium citrate,
To Request Administrative Review, 77 FR 25679
(May 1, 2012).
2 Petitioners also requested a review of RZBC Co.,
Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian)
Co., Ltd. (collectively, the RZBC Companies). See
Letter from petitioners to the Department regarding
‘‘Request for Administrative Review,’’ dated May
31, 2012. This public document and all other public
documents and public versions generated in the
course of this review by the Department and
interested parties are on file electronically via
Import Administration’s Antidumping and
Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in
the Central Records Unit (CRU), room 7046 of the
main Department of Commerce building. In
addition, a complete version of this notice can be
accessed directly on the Internet at https://
www.trade.gov/ia/.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 40565, 40573
(July 10, 2012).
4 See Citric Acid and Certain Citrate Salts from
the People’s Republic of China: Intent to Rescind
Countervailing Duty Administrative Review, in Part,
77 FR 47370 (August 8, 2012).
VerDate Mar<15>2010
18:51 Sep 11, 2012
Jkt 226001
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 the 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 the 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.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), the
Department may rescind an
administrative review, with respect to a
particular exporter or producer, if the
Secretary concludes that, during the
period covered by the review, there
were no entries, exports, or sales of the
subject merchandise to the United
States by that producer. Yixing-Union
submitted a letter on July 13, 2012,
certifying that it did not have sales,
shipments, or exports of subject
merchandise to the United States during
the POR. We received no comments
from any interested party on YixingUnion’s no-shipment claim.
We conducted an internal customs
data query for the POR and issued a ‘‘no
shipments inquiry’’ message to U.S.
Customs and Border Protection (CBP),
which posted the message on July 17,
2012.5 The results of the customs data
5 See
Memorandum to the File from Kristen
Johnson, Trade Analyst, AD/CVD Operations, Office
3, regarding ‘‘Release of Results of Query Performed
on Customs and Border Protection Trade Data
Base,’’ (July 10, 2012) and
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
56189
query indicated that there were no
entries of subject merchandise to the
United States by Yixing-Union during
the POR. We did not receive any
information from CBP contrary to
Yixing-Union’s claim of no sales,
shipments, or exports of subject
merchandise to the United States during
the POR.
Based on our analysis of the shipment
data, we determine that Yixing-Union
had no entries of subject merchandise to
the United States during the POR.
Therefore, in accordance with 19 CFR
351.213(d)(3), and consistent with our
practice,6 we determine to rescind the
review for Yixing-Union. We will
continue this administrative review
with respect to the RZBC Companies.
We are issuing this notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4) of
the Department’s regulations.
Dated: August 31, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–22474 Filed 9–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Elwha River Dam
Removal and Floodplain Restoration
Ecosystem Service Valuation Pilot
Project
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before November 13,
2012.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
SUMMARY:
Customs message number 2199302, available at
https://addcvd.cbp.gov or IA ACCESS.
6 See, e.g., Welded Carbon Steel Standard Pipe
and Tube from Turkey: Notice of Rescission of
Countervailing Duty Administrative Review, in Part,
74 FR 47921 (September 18, 2009).
E:\FR\FM\12SEN1.SGM
12SEN1
]]>Agencies
[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56188-56189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22474]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-938]
Citric Acid and Certain Citrate Salts from the People's Republic
of China: Notice of Rescission of Countervailing Duty Administrative
Review, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 12, 2012.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, Room 4014, 14th Street and Constitution
Ave. NW., Washington, DC 20230, telephone: (202) 482-4793
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2012, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the countervailing duty (CVD) order on citric acid and certain
citrate salts from the People's Republic of China.\1\ On
[[Page 56189]]
May 31, 2012, we received a request from Archer Daniels Midland
Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas
LLC, domestic producers of the subject merchandise and petitioners in
the investigation (collectively, the Petitioners), to conduct an
administrative review of Yixing-Union Biochemical Co., Ltd. (Yixing-
Union).\2\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 25679 (May 1, 2012).
\2\ Petitioners also requested a review of RZBC Co., Ltd., RZBC
Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively,
the RZBC Companies). See Letter from petitioners to the Department
regarding ``Request for Administrative Review,'' dated May 31, 2012.
This public document and all other public documents and public
versions generated in the course of this review by the Department
and interested parties are on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of this notice can be
accessed directly on the Internet at https://www.trade.gov/ia/.
---------------------------------------------------------------------------
On July 10, 2012, the Department published the notice of initiation
of the administrative review for the review period January 1, 2011,
through December 31, 2011 (POR), which covered Yixing-Union and the
RZBC Companies.\3\ On July 13, 2012, Yixing-Union submitted a letter
certifying that it had no sales, shipments, or exports of subject
merchandise to the United States during the POR. On August 8, 2012, the
Department published a notice of intent to rescind Yixing-Union's
administrative review and invited interested parties to comment.\4\ We
received no comments, and have determined that the review of Yixing-
Union should be rescinded.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
40565, 40573 (July 10, 2012).
\4\ See Citric Acid and Certain Citrate Salts from the People's
Republic of China: Intent to Rescind Countervailing Duty
Administrative Review, in Part, 77 FR 47370 (August 8, 2012).
---------------------------------------------------------------------------
Scope of the Order
The scope of the 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 the 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 the
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
the 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.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an
administrative review, with respect to a particular exporter or
producer, if the Secretary concludes that, during the period covered by
the review, there were no entries, exports, or sales of the subject
merchandise to the United States by that producer. Yixing-Union
submitted a letter on July 13, 2012, certifying that it did not have
sales, shipments, or exports of subject merchandise to the United
States during the POR. We received no comments from any interested
party on Yixing-Union's no-shipment claim.
We conducted an internal customs data query for the POR and issued
a ``no shipments inquiry'' message to U.S. Customs and Border
Protection (CBP), which posted the message on July 17, 2012.\5\ The
results of the customs data query indicated that there were no entries
of subject merchandise to the United States by Yixing-Union during the
POR. We did not receive any information from CBP contrary to Yixing-
Union's claim of no sales, shipments, or exports of subject merchandise
to the United States during the POR.
---------------------------------------------------------------------------
\5\ See Memorandum to the File from Kristen Johnson, Trade
Analyst, AD/CVD Operations, Office 3, regarding ``Release of Results
of Query Performed on Customs and Border Protection Trade Data
Base,'' (July 10, 2012) and
Customs message number 2199302, available at https://addcvd.cbp.gov or IA ACCESS.
---------------------------------------------------------------------------
Based on our analysis of the shipment data, we determine that
Yixing-Union had no entries of subject merchandise to the United States
during the POR. Therefore, in accordance with 19 CFR 351.213(d)(3), and
consistent with our practice,\6\ we determine to rescind the review for
Yixing-Union. We will continue this administrative review with respect
to the RZBC Companies.
---------------------------------------------------------------------------
\6\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from
Turkey: Notice of Rescission of Countervailing Duty Administrative
Review, in Part, 74 FR 47921 (September 18, 2009).
---------------------------------------------------------------------------
We are issuing this notice in accordance with sections 751(a)(1)
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4) of the Department's regulations.
Dated: August 31, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-22474 Filed 9-11-12; 8:45 am]
BILLING CODE 3510-DS-P
