Citric Acid and Certain Citrate Salts From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2011-2012, 101-103 [2013-31410]
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary For Antidumping
and Countervailing Duty Operations.
Appendix I
Issues for the Final Results
Issues Relating to Kromet
Comment 1: Whether To Continue To Use the
Philippines as the Surrogate Country
Comment 2: Whether to Continue To Treat
Kromet as the Exporter
Comment 3: Whether To Adjust Kromet’s
Sales Prices To Account for Taxes Paid
Issues Relating to Zhongya
Comment 4: Whether to Collapse Zhongya,
the Guang Ya Group, and Xinya
Comment 5: Whether the Guang Ya Group
and Xinya Should Be Treated as Part of the
PRC-Wide Entity
Comment 6: Whether AFA Should Be
Applied to Zhongya
Comment 7: Whether the Department Should
Request Certain Additional Information
From Zhongya
Issues Relating to Separate Rate Applicants
Comment 8: Whether Absence of a
Suspended Entry Is a Basis for Denying a
Separate Rate
Comment 9: Calculation of the AD Margin
Assigned to the Separate Rate Respondents
Comment 10: How To Adjust the Separate
Rate for Double Counting Under Section
777A(f) of the Act
Comment 11: Whether the Margin Assigned
to the Separate Rate Respondents in the
Preliminary Results was an AFA Rate
Comment 12: Whether GMID and Zhongshan
Gold Mountain Aluminium Factory Ltd.
Are Both Eligible for Separate Rate Status
Comment 13: Whether Suppliers for
Electrolux and Newell Should Be
Subsumed Within Their Exporter’s Rate
Comment 14: Whether AD Duties Should
Only Be Assessed on IDEX After the Date
of the Department’s Initiation of a Formal
Scope Inquiry
[FR Doc. 2013–31408 Filed 12–31–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–937]
maindgalligan on DSK5TPTVN1PROD with NOTICES
Citric Acid and Certain Citrate Salts
From the People’s Republic of China;
Final Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
Preliminary Results of the
administrative review of the
antidumping duty order on citric acid
AGENCY:
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17:20 Dec 31, 2013
Jkt 232001
and certain citrate salts from the
People’s Republic of China (‘‘PRC’’) on
June 10, 2013.1 The period of review
(‘‘POR’’) is May 1, 2011, through April
30, 2012. We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments received, we
have made no changes to the margin
calculations for these final results. We
continue to find that the respondent,
RZBC Imp. & Exp. Co., Ltd. (‘‘RZBC
I&E’’) 2 has not sold subject merchandise
at less than normal value (‘‘NV’’), and
that Yixing Union Biochemical Ltd.
(‘‘Yixing Union’’) had no shipments of
subject merchandise during the POR.
The final dumping margins are listed
below in the ‘‘Final Results of the
Review’’ section of this notice.
DATES: Effective Date: January 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5831 or (202) 482–
4037, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2013, the Department
published the Preliminary Results of
this administrative review.3 The
Department conducted a verification of
RZBC between September 9 and
September 13, 2013.4 The Department
extended the deadline for submission of
case briefs until one week after the
verification report release date and the
deadline for rebuttal briefs until five
days after the submission of case briefs.5
On July 10, 2013, RZBC and Petitioners
submitted hearing requests to address
1 See Citric Acid and Certain Citrate Salts From
the People’s Republic of China: Preliminary Results
of the Antidumping Duty Administrative Review;
2011–2012, 78 FR 34642 (June 10, 2013)
(‘‘Preliminary Results’’).
2 The Department initiated the third
administrative review on RZBC Co., Ltd. (‘‘RZBC
Co.’’), RZBC I&E, and RZBC (Juxian) Co., Ltd.
(collectively ‘‘RZBC’’). Only RZBC I&E exported
subject merchandise to the United States during the
POR.
3 See id.
4 See Memorandum to the File, from Edward
Yang, Director, Office 9, Taija Slaughter, Program
Manager, Office of Accounting, and Krisha Hill,
International Trade Compliance Analyst, Office 4,
‘‘Verification Report of the Sales and Factors
Responses of RZBC Co., Ltd., RZBC Import & Export
Co., Ltd., and RZBC (Juxian) Co., Ltd. in the
Antidumping Duty Administrative Review of Citric
Acid and Certain Citrate Salts from the People’s
Republic of China’’ (October 30, 2013).
5 See Memorandum To The File, ‘‘Schedule for
submission of Briefs and Rebuttal Briefs: Citric Acid
and Certain Citrate Salts from the People’s Republic
of China’’ (October 31, 2013).
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101
issues raised in their case and rebuttal
case briefs. Petitioners and RZBC
withdrew their hearing requests on
November 18, 2013, and November 21,
2013, respectively. On November 7,
2013, RZBC submitted a case brief.6 On
November 12, 2013, Petitioners
submitted a rebuttal brief.7
On August 6, 2013, the Department
extended the deadline in this
proceeding by 60 days.8 As explained in
the memorandum from the Assistant
Secretary for Enforcement and
Compliance, the Department has
exercised its discretion to toll deadlines
for the duration of the closure of the
Federal Government from October 1,
2013, through October 16, 2013.9
Therefore, all deadlines in this segment
of the proceeding were extended by 16
days. Further, because the new deadline
in the instant review falls on a nonbusiness day, in accordance with the
Department’s practice, the deadline will
become the next business day.10
Therefore, the revised deadline for the
final results of this review is December
26, 2013.
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.11 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
6 See RZBC’s ‘‘Citric Acid and Citrate Salt from
the People’s Republic of China: RZBC Case Brief,’’
(November 7, 2013).
7 See Petitioners’ ‘‘Citric Acid and Certain Citrate
Salts From the People’s Republic of China:
Petitioners’ Rebuttal Brief,’’ (November 12, 2013).
8 See Memorandum to Christian Marsh, ‘‘Citric
Acid and Certain Citrate Salts from the People’s
Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review’’ (August 6, 2013).
9 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for the Enforcement
and Compliance, ‘‘Deadlines Affected by the
Shutdown of the Federal Government’’ (October 18,
2013).
10 See e.g., Certain Cut-to-Length Carbon Steel
Plate From the People’s Republic of China: Final
Results and Final No Shipments Determination of
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 76279 (December 17, 2013).
11 See Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance ‘‘Citric Acid and Certain Citrate Salts
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
2011–2012 Antidumping Duty Administrative
Review’’, issued concurrently with this notice
(‘‘Issues and Decision Memorandum’’) for a
complete description of the scope of the Order.
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices
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.
Final Determination of No Shipments
For these final results of review, we
continue to find that Yixing Union had
no shipments during the POR.12
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the Issues and Decision
Memorandum, which is hereby adopted
by this Federal Register notice. A list of
the issues which parties raised is
attached to this notice as Appendix I.
The Issues and Decision Memorandum
is a public document and is on file in
the Central Records Unit (‘‘CRU’’),
Room 7046 of the main Department of
Commerce building, as well as
electronically via Enforcement and
Compliance’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 CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
maindgalligan on DSK5TPTVN1PROD with NOTICES
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have made no revisions to
the margin calculations for RZBC I&E.
Separate Rates
In our Preliminary Results, we
determined that RZBC I&E met the
criteria for separate rate status.13 We
have not received any information since
the issuance of the Preliminary Results
that provides a basis for reconsideration
of this determination. Therefore, the
12 See
Preliminary Results, 78 FR at 34642.
13 See Preliminary Results, 78 FR at 34642, and
accompanying Issues and Decision Memorandum at
4–6.
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17:20 Dec 31, 2013
Jkt 232001
Department continues to find that RZBC
I&E meets the criteria for separate rate
status.
NME-wide rate. For a full discussion of
this practice, see Assessment in NME
Antidumping Proceedings.15
Final Results of the Review
The dumping margins for the POR are
as follows:
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 Tariff Act of 1930, as
amended (‘‘the Act’’): (1) For Yixing
Union, which claimed no shipments,
the cash deposit will remain unchanged
from the rate assigned to Yixing Union
in the most recently completed review
of the company; (2) For RZBC I&E,
because the rate is zero, no cash deposit
will be required; (3) for previously
investigated or reviewed PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (4) 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 that for the
PRC-wide entity established in the final
determination of the less than fair value
investigation (i.e., 156.87 percent); and
(5) 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.
Exporter
Weightedaverage
margin
(percent)
RZBC Imp. & Exp. Co., Ltd.
0.00
Assessment Rates
The Department will determine, and
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of these final
results of this review. In accordance
with 19 CFR 351.212(b)(1), we are
calculating importer- (or customer-)
specific assessment rates for the
merchandise subject to this review. For
any individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., 0.50
percent), 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.14 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate is above de minimis.
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.
The Department recently announced a
refinement to its assessment practice in
Non-Market Economy (‘‘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 NME-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
14 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
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 POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
15 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment in NME
Antidumping Proceedings’’).
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices
Administrative Protective Order
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I—Issues and Decision
Memorandum
General Issues
COMMENT 1: WATER SURROGATE
VALUE
COMMENT 2: LIQUIDATION
INSTRUCTIONS
COMMENT 3: NEW FACTUAL
INFORMATION
COMMENT 4: PUBLIC VERSION
COMMENT 5: CO-PRODUCT VALUATION
COMMENT 6: REVOCATION FOR RZBC
[FR Doc. 2013–31410 Filed 12–31–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
maindgalligan on DSK5TPTVN1PROD with NOTICES
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
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17:20 Dec 31, 2013
Jkt 232001
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, except for
the review of the antidumping duty
order on Wooden Bedroom Furniture
from the People’s Republic of China
(A–570–890), the Department intends to
select respondents based on U.S.
Customs and Border Protection (‘‘CBP’’)
data for U.S. imports during the period
of review. We intend to release the CBP
data under Administrative Protective
Order (‘‘APO’’) to all parties having an
APO within five days of publication of
the initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within
five days of placement of the CBP data
on the record of the review.
If the Department limits the number
of respondents selected for individual
examination in the administrative
review of the antidumping duty order
on Wooden Bedroom Furniture from the
People’s Republic of China (A–570–
890), it intends to select respondents
based on volume data contained in
responses to quantity and value
questionnaires. Further, due to the
unique circumstances present in
administering this order, for the
purposes of this segment of the
proceeding, i.e., the 2013 review period,
the Department has decided to require
that all parties filing separate rate
applications or certifications respond to
the Q&V questionnaire and certain
additional questions. The Q&V
questionnaire, the additional questions,
and the Separate Rate Application and
Separate Rate Certification will be
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103
included in a document package that
will be available on the Department’s
Web site. Responses to the additional
questions and to the Q&V questionnaire
will be due at the same time that
responses to the Separate Rate
Application and Separate Rate
Certification are due unless otherwise
noted by the Department.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where the Department considered
collapsing that entity, complete quantity
and value data for that collapsed entity
must be submitted.
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]]>Agencies
[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 101-103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31410]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-937]
Citric Acid and Certain Citrate Salts From the People's Republic
of China; Final Results of Antidumping Duty Administrative Review;
2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
Preliminary Results of the administrative review of the antidumping
duty order on citric acid and certain citrate salts from the People's
Republic of China (``PRC'') on June 10, 2013.\1\ The period of review
(``POR'') is May 1, 2011, through April 30, 2012. We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments received, we have made no changes to
the margin calculations for these final results. We continue to find
that the respondent, RZBC Imp. & Exp. Co., Ltd. (``RZBC I&E'') \2\ has
not sold subject merchandise at less than normal value (``NV''), and
that Yixing Union Biochemical Ltd. (``Yixing Union'') had no shipments
of subject merchandise during the POR. The final dumping margins are
listed below in the ``Final Results of the Review'' section of this
notice.
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review; 2011-2012, 78 FR 34642 (June 10, 2013)
(``Preliminary Results'').
\2\ The Department initiated the third administrative review on
RZBC Co., Ltd. (``RZBC Co.''), RZBC I&E, and RZBC (Juxian) Co., Ltd.
(collectively ``RZBC''). Only RZBC I&E exported subject merchandise
to the United States during the POR.
---------------------------------------------------------------------------
DATES: Effective Date: January 2, 2014.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5831 or (202) 482-4037, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2013, the Department published the Preliminary Results
of this administrative review.\3\ The Department conducted a
verification of RZBC between September 9 and September 13, 2013.\4\ The
Department extended the deadline for submission of case briefs until
one week after the verification report release date and the deadline
for rebuttal briefs until five days after the submission of case
briefs.\5\ On July 10, 2013, RZBC and Petitioners submitted hearing
requests to address issues raised in their case and rebuttal case
briefs. Petitioners and RZBC withdrew their hearing requests on
November 18, 2013, and November 21, 2013, respectively. On November 7,
2013, RZBC submitted a case brief.\6\ On November 12, 2013, Petitioners
submitted a rebuttal brief.\7\
---------------------------------------------------------------------------
\3\ See id.
\4\ See Memorandum to the File, from Edward Yang, Director,
Office 9, Taija Slaughter, Program Manager, Office of Accounting,
and Krisha Hill, International Trade Compliance Analyst, Office 4,
``Verification Report of the Sales and Factors Responses of RZBC
Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co.,
Ltd. in the Antidumping Duty Administrative Review of Citric Acid
and Certain Citrate Salts from the People's Republic of China''
(October 30, 2013).
\5\ See Memorandum To The File, ``Schedule for submission of
Briefs and Rebuttal Briefs: Citric Acid and Certain Citrate Salts
from the People's Republic of China'' (October 31, 2013).
\6\ See RZBC's ``Citric Acid and Citrate Salt from the People's
Republic of China: RZBC Case Brief,'' (November 7, 2013).
\7\ See Petitioners' ``Citric Acid and Certain Citrate Salts
From the People's Republic of China: Petitioners' Rebuttal Brief,''
(November 12, 2013).
---------------------------------------------------------------------------
On August 6, 2013, the Department extended the deadline in this
proceeding by 60 days.\8\ As explained in the memorandum from the
Assistant Secretary for Enforcement and Compliance, the Department has
exercised its discretion to toll deadlines for the duration of the
closure of the Federal Government from October 1, 2013, through October
16, 2013.\9\ Therefore, all deadlines in this segment of the proceeding
were extended by 16 days. Further, because the new deadline in the
instant review falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business
day.\10\ Therefore, the revised deadline for the final results of this
review is December 26, 2013.
---------------------------------------------------------------------------
\8\ See Memorandum to Christian Marsh, ``Citric Acid and Certain
Citrate Salts from the People's Republic of China: Extension of
Deadline for Final Results of Antidumping Duty Administrative
Review'' (August 6, 2013).
\9\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for the Enforcement and Compliance, ``Deadlines Affected
by the Shutdown of the Federal Government'' (October 18, 2013).
\10\ See e.g., Certain Cut-to-Length Carbon Steel Plate From the
People's Republic of China: Final Results and Final No Shipments
Determination of Antidumping Duty Administrative Review; 2011-2012,
78 FR 76279 (December 17, 2013).
---------------------------------------------------------------------------
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.\11\ 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
[[Page 102]]
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.
---------------------------------------------------------------------------
\11\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and Compliance ``Citric
Acid and Certain Citrate Salts from the People's Republic of China:
Issues and Decision Memorandum for the Final Results of the 2011-
2012 Antidumping Duty Administrative Review'', issued concurrently
with this notice (``Issues and Decision Memorandum'') for a complete
description of the scope of the Order.
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Final Determination of No Shipments
For these final results of review, we continue to find that Yixing
Union had no shipments during the POR.\12\
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\12\ See Preliminary Results, 78 FR at 34642.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this Federal Register notice. A list of the issues which
parties raised is attached to this notice as Appendix I. The Issues and
Decision Memorandum is a public document and is on file in the Central
Records Unit (``CRU''), Room 7046 of the main Department of Commerce
building, as well as electronically via Enforcement and Compliance'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 CRU. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. The signed Issues
and Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made no
revisions to the margin calculations for RZBC I&E.
Separate Rates
In our Preliminary Results, we determined that RZBC I&E met the
criteria for separate rate status.\13\ We have not received any
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of this determination. Therefore, the
Department continues to find that RZBC I&E meets the criteria for
separate rate status.
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\13\ See Preliminary Results, 78 FR at 34642, and accompanying
Issues and Decision Memorandum at 4-6.
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Final Results of the Review
The dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
RZBC Imp. & Exp. Co., Ltd.............................. 0.00
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of these final
results of this review. In accordance with 19 CFR 351.212(b)(1), we are
calculating importer- (or customer-) specific assessment rates for the
merchandise subject to this review. For any individually examined
respondent whose weighted-average dumping margin is above de minimis
(i.e., 0.50 percent), 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.\14\ We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate is above de minimis. 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.
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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The Department recently announced a refinement to its assessment
practice in Non-Market Economy (``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 NME-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 NME-wide rate. For a
full discussion of this practice, see Assessment in NME Antidumping
Proceedings.\15\
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Antidumping Proceedings'').
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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 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 Tariff Act of 1930, as amended
(``the Act''): (1) For Yixing Union, which claimed no shipments, the
cash deposit will remain unchanged from the rate assigned to Yixing
Union in the most recently completed review of the company; (2) For
RZBC I&E, because the rate is zero, no cash deposit will be required;
(3) for previously investigated or reviewed PRC and non-PRC exporters
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (4) 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 that for the PRC-wide entity established in the final
determination of the less than fair value investigation (i.e., 156.87
percent); and (5) 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
[[Page 103]]
Administrative Protective Order
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--Issues and Decision Memorandum
General Issues
COMMENT 1: WATER SURROGATE VALUE
COMMENT 2: LIQUIDATION INSTRUCTIONS
COMMENT 3: NEW FACTUAL INFORMATION
COMMENT 4: PUBLIC VERSION
COMMENT 5: CO-PRODUCT VALUATION
COMMENT 6: REVOCATION FOR RZBC
[FR Doc. 2013-31410 Filed 12-31-13; 8:45 am]
BILLING CODE 3510-DS-P
