Citric Acid and Certain Citrate Salts From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 34642-34644 [2013-13707]
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34642
Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices
We are issuing and publishing these
results 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. Summary
II. Background
III. Scope
IV. Discussion of the Methodology
V. Conclusion
[FR Doc. 2013–13698 Filed 6–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–937]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on citric acid
and certain citrate salts (‘‘citric acid’’)
from the People’s Republic of China
(‘‘PRC’’). The period of review (‘‘POR’’)
is May 1, 2011, through April 30, 2012.
We have preliminarily found that the
respondent, RZBC Imp. & Exp. Co., Ltd.
(‘‘RZBC I&E’’), has not made sales of
subject merchandise at less than normal
value (‘‘NV’’). If these preliminary
results are adopted in our final results
of review, we will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
We will issue final results no later than
120 days from the date of publication of
this notice, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’).
DATES: Effective Date: June 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Drew Jackson, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4037 or (202) 482–4406,
respectively.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
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SUPPLEMENTARY INFORMATION:
Scope of the Order
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.1 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.2
Preliminary Determination of No
Shipments
Yixing Union Biochemical Ltd.
(‘‘Yixing Union’’) reported it made no
shipments of subject merchandise to the
United States during the POR.3 On
August 3, 2012, the Department
requested that CBP report any contrary
information. CBP has not responded to
the Department’s inquiry and the
Department has not received any
evidence that that Yixing Union had any
shipments to the United States of
subject merchandise during the POR.
Based on Yixing Union’s no shipments
certification, and because CBP had no
findings of reviewable transactions, we
preliminarily determine that Yixing
1 See ‘‘Decision Memorandum for Preliminary
Results of 2011–2012 Antidumping Duty
Administrative Review: Citric Acid and Certain
Citrate Salts from the People’s Republic of China’’
from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant Secretary for
Import Administration, dated June 3, 2013
(‘‘Preliminary Decision Memorandum’’) issued
concurrently with this notice for a complete
description of the Scope of the Order.
2 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).
3 See Letter from Yixing Union to the Department,
regarding ‘‘Antidumping Duty Administrative
Review of Citric Acid and Certain Citrate Salts from
the People’s Republic of China—No Shipments
Letter of Yixing Union Biochemical Co. Ltd.,’’ dated
July 13, 2012.
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Fmt 4703
Sfmt 4703
Union did not have any reviewable
transactions during the POR.
In addition, the Department finds that
consistent with its recently announced
refinement to its assessment practice in
NME cases, it is appropriate not to
rescind the review in part in these
circumstances but, rather, to complete
the review with respect to Yixing Union
and issue appropriate instructions to
CBP based on the final results of the
review.4
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’’). Export prices
have been calculated in accordance with
section 772 of the Act. Because the PRC
is a non-market (‘‘NME’’) economy
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act. Specifically, RZBC I&E’s factors of
production have been valued using
surrogate value data from Indonesia
(where available), which is
economically comparable to the PRC
and is a significant producer of
comparable merchandise. To determine
the appropriate comparison method, the
Department applied a differential
pricing analysis and has preliminarily
determined to use the average-toaverage method in making comparisons
of export price and NV for RZBC I&E.
For a full description of the
methodology underlying our
conclusions, please see the Preliminary
Decision Memorandum, 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 https://
iaaccess.trade.gov. The Preliminary
Decision Memorandum is also available
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 https://www.trade.gov/
ia/. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
4 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment in NME
Proceedings’’) and the ‘‘Assessment Rates’’ section,
below.
E:\FR\FM\10JNN1.SGM
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Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists:
Weighted
average
dumping
margin
(percent)
Exporter
mstockstill on DSK4VPTVN1PROD with NOTICES
RZBC Imp. & Exp. Co., Ltd ........
0.00
Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit a case brief no later than 30 days
after the date of publication of these
preliminary results of review.5 Rebuttal
briefs may be filed no later than five
days after case briefs are filed and may
only respond to arguments raised in the
case briefs.6 A table of contents, list of
authorities used and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes.
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.7
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, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.8 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using IA ACCESS. An electronically
filed document must be received
successfully in its entirety by the
Department’s electronic records system,
IA ACCESS, by 5 p.m. Eastern Time
(‘‘ET’’) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and
5 See
19 CFR 351.309(c).
19 CFR 351.309(d).
7 See 19 CFR 351.310(c).
8 See 19 CFR 351.310(d).
6 See
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16:56 Jun 07, 2013
Jkt 229001
stamped with the date and time of
receipt by 5 p.m. ET on the due date.9
The Department will issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
the preliminary results. In accordance
with 19 CFR 351.301(c)(1), if an
interested party submits factual
information less than ten days before,
on, or after (if the Department has
extended the deadline), the applicable
deadline for submission of such factual
information, an interested party may
submit factual information to rebut,
clarify, or correct the factual
information no later than ten days after
such factual information is served on
the interested party. However, the
Department generally will not accept in
the rebuttal submission additional or
alternative surrogate value information
not previously on the record, if the
deadline for submission of surrogate
value information has passed.10
Furthermore, the Department generally
will not accept business proprietary
information in either the surrogate value
submissions or the rebuttals thereto, as
the regulation regarding the submission
of surrogate values allows only for the
submission of publicly available
information.11
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.12 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., less
9 See
Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
10 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
11 See 19 CFR 351.301(c)(3).
12 See 19 CFR 351.212(b)(1).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
34643
than 0.50 percent) in the final results of
this review, we will calculate an
importer-specific assessment rate on the
basis of the ratio of the total amount of
antidumping duties calculated for the
importer’s examined sales and the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1).13 Where we
calculate a margin by dividing the total
dumping margins for reviewed sales to
that party by the total sales quantity
associated with those transactions, 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.
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. We intend to
instruct CBP to liquidate entries
containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate we determine in the final
results of this review.
The Department announced a
refinement to its assessment practice in
NME antidumping duty cases. Pursuant
to this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this refinement, 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 will be
liquidated at the PRC-wide rate.14
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
13 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012). In particular, the Department
compared monthly weighted-average export prices
with monthly weighted-average NVs and granted
offsets for non-dumped comparisons in the
calculation of the weighted-average dumping
margin.
14 See Assessment in NME Proceedings, for a full
discussion of this practice.
E:\FR\FM\10JNN1.SGM
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34644
Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
RZBC I&E the cash deposit rate will be
its respective rate established in the
final results of this review, except if the
rate is zero or de minimis no cash
deposit will be required; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the PRC-wide entity; and (4)
for all non-PRC 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.
We have adjusted the preliminary
results antidumping duty margin for
export subsidies because the
Department found evidence of an export
subsidy in the companion
countervailing duty proceeding.
Additionally, the Department has not
adjusted the preliminary results
antidumping duty margin for estimated
domestic subsidy pass-through because
it has concluded that concurrent
application of NME antidumping and
countervailing duties do not necessarily
and automatically result in overlapping
remedies.15
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Importers
This notice also 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
15 See
Preliminary Decision Memorandum.
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16:56 Jun 07, 2013
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Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rate
5. Surrogate Country and Surrogate Value
Data
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Export Subsidy Adjustment
10. Section 777A(f) of the Act
11. Currency Conversion
[FR Doc. 2013–13707 Filed 6–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–808]
Stainless Steel Plate in Coils From
Belgium: Preliminary Results of
Antidumping Duty Administrative
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the
administrative review of the
antidumping duty order on stainless
steel plate in coils (steel plate) from
Belgium, covering the period of review
(POR) May 1, 2011, through April 30,
2012. This review covers one producer/
exporter of the subject merchandise,
Aperam Stainless Belgium N.V. (ASB).
We have preliminarily determined that,
during the POR, ASB and its affiliate,
Aperam Stainless Services and
Solutions USA (Aperam USA) made
U.S. sales that were below normal value.
DATES: Effective Date: June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Eric
B. Greynolds or Jolanta Lawska, 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) 482–6071 or (202) 482–
8362, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The product covered by this order is
certain stainless steel plate in coils.
Stainless steel is alloy steel containing,
by weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium,
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
with or without other elements. The
subject plate products are flat-rolled
products, 254 mm or over in width and
4.75 mm or more in thickness, in coils,
and annealed or otherwise heat treated
and pickled or otherwise descaled.1 The
merchandise subject to this order is
currently classifiable in the harmonized
Tariff Schedule of the United States
(HTSUS) at subheadings: 7219.11.00.30,
7219.11.00.60, 7219.12.00.02,
7219.12.00.05, 7219.12.00.06,
7219.12.00.20, 7219.12.00.21,
7219.12.00.25, 7219.12.00.26,
7219.12.00.50, 7219.12.00.51,
7219.12.00.55, 7219.12.00.56,
7219.12.00.65, 7219.12.00.66,
7219.12.00.70, 7219.12.00.71,
7219.12.00.80, 7219.12.00.81,
7219.31.00.10, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.11.00.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80,
7220.90.00.10, 7220.90.00.15, and
7220.90.00.60. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the Antidumping Order 2
remains dispositive.
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price (CEP) is calculated in accordance
with section 772 of the Act. Normal
Value (NV) is calculated in accordance
with section 773 of the Act. In
accordance with section 773(b) of the
Act, we disregarded certain sales by
1 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Stainless Steel Plate in Coils from
Belgium,’’ from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration,
dated concurrently with this notice (Preliminary
Decision Memorandum).
2 See Antidumping Duty Orders; Certain Stainless
Steel Plate in Coils From Belgium, Canada, Italy,
the Republic of Korea, South Africa, and Taiwan,
64 FR 27756 (May 21, 1999); Notice of Amended
Antidumping Duty Orders; Certain Stainless Steel
Plate in Coils From Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 68 FR
11520 (March 11, 2003); Notice of Amended
Antidumping Duty Orders; Certain Stainless Steel
Plate in Coils From Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 68 FR
16117 (April 2, 2003); Notice of Correction to the
Amended Antidumping Duty Orders; Certain
Stainless Steel Plate in Coils From Belgium,
Canada, Italy, the Republic of Korea, South Africa,
and Taiwan, 68 FR 20114 (April 24, 2003)
(collectively, Antidumping Order).
E:\FR\FM\10JNN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34642-34644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13707]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-937]
Citric Acid and Certain Citrate Salts From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on citric acid
and certain citrate salts (``citric acid'') from the People's Republic
of China (``PRC''). The period of review (``POR'') is May 1, 2011,
through April 30, 2012. We have preliminarily found that the
respondent, RZBC Imp. & Exp. Co., Ltd. (``RZBC I&E''), has not made
sales of subject merchandise at less than normal value (``NV''). If
these preliminary results are adopted in our final results of review,
we will instruct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on all appropriate entries of subject merchandise
during the POR. Interested parties are invited to comment on these
preliminary results. We will issue final results no later than 120 days
from the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').
DATES: Effective Date: June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Drew Jackson, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-4406,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
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.\1\ 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.\2\
---------------------------------------------------------------------------
\1\ See ``Decision Memorandum for Preliminary Results of 2011-
2012 Antidumping Duty Administrative Review: Citric Acid and Certain
Citrate Salts from the People's Republic of China'' from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations to Paul Piquado, Assistant Secretary for Import
Administration, dated June 3, 2013 (``Preliminary Decision
Memorandum'') issued concurrently with this notice for a complete
description of the Scope of the Order.
\2\ 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).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Yixing Union Biochemical Ltd. (``Yixing Union'') reported it made
no shipments of subject merchandise to the United States during the
POR.\3\ On August 3, 2012, the Department requested that CBP report any
contrary information. CBP has not responded to the Department's inquiry
and the Department has not received any evidence that that Yixing Union
had any shipments to the United States of subject merchandise during
the POR. Based on Yixing Union's no shipments certification, and
because CBP had no findings of reviewable transactions, we
preliminarily determine that Yixing Union did not have any reviewable
transactions during the POR.
---------------------------------------------------------------------------
\3\ See Letter from Yixing Union to the Department, regarding
``Antidumping Duty Administrative Review of Citric Acid and Certain
Citrate Salts from the People's Republic of China--No Shipments
Letter of Yixing Union Biochemical Co. Ltd.,'' dated July 13, 2012.
---------------------------------------------------------------------------
In addition, the Department finds that consistent with its recently
announced refinement to its assessment practice in NME cases, it is
appropriate not to rescind the review in part in these circumstances
but, rather, to complete the review with respect to Yixing Union and
issue appropriate instructions to CBP based on the final results of the
review.\4\
---------------------------------------------------------------------------
\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Proceedings'') and the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
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'').
Export prices have been calculated in accordance with section 772 of
the Act. Because the PRC is a non-market (``NME'') economy within the
meaning of section 771(18) of the Act, NV has been calculated in
accordance with section 773(c) of the Act. Specifically, RZBC I&E's
factors of production have been valued using surrogate value data from
Indonesia (where available), which is economically comparable to the
PRC and is a significant producer of comparable merchandise. To
determine the appropriate comparison method, the Department applied a
differential pricing analysis and has preliminarily determined to use
the average-to-average method in making comparisons of export price and
NV for RZBC I&E.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum, 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
https://iaaccess.trade.gov. The Preliminary Decision Memorandum is also
available 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 https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
[[Page 34643]]
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
RZBC Imp. & Exp. Co., Ltd................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit a case brief no later than 30 days after
the date of publication of these preliminary results of review.\5\
Rebuttal briefs may be filed no later than five days after case briefs
are filed and may only respond to arguments raised in the case
briefs.\6\ A table of contents, list of authorities used and an
executive summary of issues should accompany any briefs submitted to
the Department. This summary should be limited to five pages total,
including footnotes. 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.\7\ 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, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined.\8\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET
on the due date.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\10\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\11\
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\10\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\11\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\12\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. For any individually examined respondent whose
weighted-average dumping margin is above de minimis (i.e., less than
0.50 percent) in the final results of this review, we will calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of antidumping duties calculated for the importer's
examined sales and the total entered value of sales, in accordance with
19 CFR 351.212(b)(1).\13\ Where we calculate a margin by dividing the
total dumping margins for reviewed sales to that party by the total
sales quantity associated with those transactions, 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. Where either the respondent's weighted-average dumping margin is
zero or de minimis, or an importer-specific assessment rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. We intend to instruct CBP to
liquidate entries containing subject merchandise exported by the PRC-
wide entity at the PRC-wide rate we determine in the final results of
this review.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012). In particular, the
Department compared monthly weighted-average export prices with
monthly weighted-average NVs and granted offsets for non-dumped
comparisons in the calculation of the weighted-average dumping
margin.
---------------------------------------------------------------------------
The Department announced a refinement to its assessment practice in
NME antidumping duty cases. Pursuant to this refinement in practice,
for merchandise that was not reported in the U.S. sales databases
submitted by an exporter individually examined during this review, but
that entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, pursuant to this refinement, 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 will be liquidated at the PRC-wide rate.\14\
---------------------------------------------------------------------------
\14\ See Assessment in NME Proceedings, for a full discussion of
this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of
[[Page 34644]]
the subject merchandise from the PRC entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For RZBC I&E the cash
deposit rate will be its respective rate established in the final
results of this review, except if the rate is zero or de minimis no
cash deposit will be required; (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the PRC-wide
entity; and (4) for all non-PRC 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.
We have adjusted the preliminary results antidumping duty margin
for export subsidies because the Department found evidence of an export
subsidy in the companion countervailing duty proceeding. Additionally,
the Department has not adjusted the preliminary results antidumping
duty margin for estimated domestic subsidy pass-through because it has
concluded that concurrent application of NME antidumping and
countervailing duties do not necessarily and automatically result in
overlapping remedies.\15\
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\15\ See Preliminary Decision Memorandum.
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Notification to Importers
This notice also 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results 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--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rate
5. Surrogate Country and Surrogate Value Data
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Export Subsidy Adjustment
10. Section 777A(f) of the Act
11. Currency Conversion
[FR Doc. 2013-13707 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P
