Citric Acid and Certain Citrate Salts: Preliminary Results of Countervailing Duty Administrative Review; 2011, 34648-34649 [2013-13706]

Download as PDF 34648 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices appropriate entries without regard to antidumping duties. The Department recently announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.17 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. mstockstill on DSK4VPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For TMM/ Company A, which have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 111.73 percent18; and (4) for all nonPRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. 17 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 18 See Pure Magnesium From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 73 FR 76336 (December 16, 2008). VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: May 31, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum Summary 1. Background 2. Scope Discussion of the Methodology 1. Affiliation and Collapsing 2. Bona Fides Inquiry 3. Nonmarket Economy Country 4. Separate Rates a. Absence of De Jure Control b. Absence of De Facto Control 5. Surrogate Country and Surrogate-Value Data 6. Surrogate Country 7. Economic Comparability 8. Significant Producers of Identical or Comparable Merchandise 9. Data Availability 10. Date of Sale 11. Fair Value Comparisons 12. Differential Pricing Analysis 13. Export Price 14. Normal Value 15. Factor Valuations 16. Currency Conversion 17. Conclusion [FR Doc. 2013–13702 Filed 6–7–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–938] Citric Acid and Certain Citrate Salts: Preliminary Results of Countervailing Duty Administrative Review; 2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 administrative review of the countervailing duty (CVD) order on citric acid and citrate salts from the People’s Republic of China for the period January 1, 2011, through December 31, 2011. These preliminary results cover RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Juxian Co., Ltd., and RZBC Imp. & Exp. Co., Ltd. (collectively, RZBC or the RZBC Companies). We preliminary determine that the RZBC Companies received countervailable subsidies during the POR. DATES: Effective Date: June 10, 2013. FOR FURTHER INFORMATION CONTACT: Patricia M. Tran, 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) 482–1503. Scope of the Order The merchandise subject to the order is citric acid and certain citrate salts. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2918.14.0000, 2918.15.1000, 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in Citric Acid and Certain Citrate Salts from the People’s Republic of China: Notice of Countervailing Duty Order, 74 FR 25705 (May 29, 2009), remains dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review: Citric Acid and Certain Citrate Salts; 2011’’ (Preliminary Decision Memorandum), dated concurrently with this notice, and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is 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 http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. In making these findings, we have relied, in part, on facts available and, because the Government of the PRC did not act to the best of its ability to respond to the Department’s requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available. See sections 776(a) and (b) of the Act. For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Determination Memorandum. For a full description of the methodology underlying the Department’s conclusions, see Preliminary Decision Memorandum. mstockstill on DSK4VPTVN1PROD with NOTICES Preliminary Results of the Review As a result of this review, we preliminarily determine a net countervailable subsidy rate of 13.67 percent ad valorem for the RZBC Companies, for the period January 1, 2011, through December 31, 2011. Disclosure and Public Comment The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.1 Due to the anticipated timing of the release of postpreliminary analysis memoranda, interested parties may submit written comments (case briefs) for this administrative review no later than one week after the issuance of the last postpreliminary analysis memorandum, and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.2 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case 1 See 2 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 briefs. Parties who submit arguments are requested to submit with the argument: (1) Statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce within 30 days after the date of publication of this notice.3 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing, which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.4 Parties should confirm by telephone the date, time, and location of the hearing. Parties are reminded that briefs and hearing requests are to be filed electronically using IA ACCESS and that electronically filed documents must be received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by parties in their comments, within 120 days after issuance of these preliminary results. Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Instructions The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above. For all nonreviewed firms, we will instruct CBP to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This administrative review and notice are in accordance with sections 3 See 4 See PO 00000 19 CFR 351.310(c). 19 CFR 351.310. Frm 00015 Fmt 4703 Sfmt 4703 34649 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: June 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum: 1. Summary 2. Background 3. Scope of the Order 4. Use of Facts Otherwise Available and Adverse Inferences 5. Subsidy Valuation Information 6. Benchmark and Discount Rates 7. Analysis of Programs 8. Conclusion [FR Doc. 2013–13706 Filed 6–7–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–968] Aluminum Extrusions From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2010 and 2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on aluminum extrusions from the People’s Republic of China (PRC). The period of review (POR) is September 7, 2010, through December 31, 2011. We preliminary determine that the Alnan Companies 1 and Changzhou Changzheng Evaporator Co., Ltd. received countervailable subsidies during the POR. DATES: Effective Date: June 10, 2013. FOR FURTHER INFORMATION CONTACT: Robert Copyak and Kristen Johnson, 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) 482–2209 and (202) 482–4793, respectively. AGENCY: 1 The Alnan Companies are Alnan Aluminum Co., Ltd. (Alnan Aluminum), Alnan Aluminum Foil Co., Ltd. (Alnan Foil), Alnan (Shanglin) Industry Co., Ltd. (Shanglin Industry), and Shanglin Alnan Alunimun Comprehensive Utilization Power Co., Ltd. (Shanglin Power). Kromet International Inc., one of the mandatory respondents in this administrative review, reported in that it is a Canada-based company that sold subject merchandise produced by the Alnan Companies. E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34648-34649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13706]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-938]


Citric Acid and Certain Citrate Salts: Preliminary Results of 
Countervailing Duty Administrative Review; 2011

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on citric 
acid and citrate salts from the People's Republic of China for the 
period January 1, 2011, through December 31, 2011. These preliminary 
results cover RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC 
Juxian Co., Ltd., and RZBC Imp. & Exp. Co., Ltd. (collectively, RZBC or 
the RZBC Companies). We preliminary determine that the RZBC Companies 
received countervailable subsidies during the POR.

DATES: Effective Date: June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Patricia M. Tran, 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) 482-1503.

Scope of the Order

    The merchandise subject to the order is citric acid and certain 
citrate salts. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers 2918.14.0000, 
2918.15.1000, 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description, available in Citric Acid and Certain 
Citrate Salts from the People's Republic of China: Notice of 
Countervailing Duty Order, 74 FR 25705 (May 29, 2009), remains 
dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Import Administration, ``Decision Memorandum 
for the Preliminary Results of the Countervailing Duty Administrative 
Review: Citric Acid and Certain Citrate Salts; 2011'' (Preliminary 
Decision Memorandum), dated concurrently with this notice, and hereby 
adopted by this notice.
    The Preliminary Decision Memorandum is a public document and is 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 http://iaaccess.trade.gov 
and in the Central Records Unit, Room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://
www.trade.gov/

[[Page 34649]]

ia/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific. See sections 771(5)(B) and (D) of the 
Act regarding financial contribution; section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
    In making these findings, we have relied, in part, on facts 
available and, because the Government of the PRC did not act to the 
best of its ability to respond to the Department's requests for 
information, we have drawn an adverse inference in selecting from among 
the facts otherwise available. See sections 776(a) and (b) of the Act. 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Determination Memorandum.
    For a full description of the methodology underlying the 
Department's conclusions, see Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine a net 
countervailable subsidy rate of 13.67 percent ad valorem for the RZBC 
Companies, for the period January 1, 2011, through December 31, 2011.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\1\ Due to 
the anticipated timing of the release of post-preliminary analysis 
memoranda, interested parties may submit written comments (case briefs) 
for this administrative review no later than one week after the 
issuance of the last post-preliminary analysis memorandum, and rebuttal 
comments (rebuttal briefs) within five days after the time limit for 
filing case briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal 
briefs must be limited to issues raised in the case briefs. Parties who 
submit arguments are requested to submit with the argument: (1) 
Statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
---------------------------------------------------------------------------

    \1\ See 19 CFR 351.224(b).
    \2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce within 
30 days after the date of publication of this notice.\3\ Requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues to be discussed. If a 
request for a hearing is made, we will inform parties of the scheduled 
date for the hearing, which will be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\4\ Parties should 
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.310(c).
    \4\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Parties are reminded that briefs and hearing requests are to be 
filed electronically using IA ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by parties in their comments, within 120 days after 
issuance of these preliminary results.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown above. 
For all non-reviewed firms, we will instruct CBP to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

    List of Topics Discussed in the Preliminary Decision Memorandum:

1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Otherwise Available and Adverse Inferences
5. Subsidy Valuation Information
6. Benchmark and Discount Rates
7. Analysis of Programs
8. Conclusion

[FR Doc. 2013-13706 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P