Citric Acid and Certain Citrate Salts From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2011, 108-110 [2013-31411]
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108
Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices
2010
ad valorem
rate
(percent)
Company
Pingguo Asia Aluminium Co., Ltd. (Pingguo) ..........................................................................................................
Shandong Huasheng Pesticide Machinery Co ........................................................................................................
Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd. (Tongtai) .......................................................
Shanxi Guanly Changzhou Hongfeng Metal Processing Co., Ltd ..........................................................................
Shenzhen Hudson Technology Development Co., Ltd. (Shenzhen Hudson) .........................................................
Shenzhen Jiuyuan Co., Ltd. (aka, Jiuyuan Co., Ltd. and Shenzhen Jiuyuan Import and Export Co., Ltd. (collectively, Jiuyuan)) ....................................................................................................................................................
Sincere Profit Limited ..............................................................................................................................................
Skyline Exhibit Systems (Shanghai) Co., Ltd ..........................................................................................................
Suzhou JRP Import & Export Co., Ltd. (JRP) .........................................................................................................
Suzhou NewHongji Precision Part Co., Ltd. (Suzhou NewHongji) .........................................................................
Taizhou Lifeng Manufacturing Corporation .............................................................................................................
Tianjin Jinmao Import & Export Corp., Ltd ..............................................................................................................
Union Industry (Asia) Co., Ltd .................................................................................................................................
Xin Wei Aluminum Company Limited, Guang Dong Xin Wei Aluminum Products Co., Ltd., and Xin Wei Aluminum Co., Ltd. (collectively, Xin Wei) ................................................................................................................
Zhaoqing Asia Aluminum Factory Company Limited ..............................................................................................
Zhejiang Xinlong Industry Co., Ltd ..........................................................................................................................
Zhongshan Gold Mountain Aluminium Factory Ltd., Gold Mountain International Development, Limited (collectively, Zhongshan Gold Mountain) .......................................................................................................................
Zhuhai Runxingtai Electrical Equipment Co., Ltd. (Zhuhai Runxingtai) ..................................................................
Foshan Yong Li Jian Alu. Ltd ..................................................................................................................................
North China Aluminum Co., Ltd ..............................................................................................................................
Tai Shan City Kam Kiu Aluminium Extrusion Co. Ltd .............................................................................................
maindgalligan on DSK5TPTVN1PROD with NOTICES
Assessment Rates
The Department intends to issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (CBP) 15 days after the date
of publication of these final results, to
liquidate shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption for
the periods on or after September 7,
2010, through December 31, 2010, and
on or after January 1, 2011, through
December 31, 2011, for all the abovelisted companies at the ad valorem
assessment rate listed above, except for
IDEX Dinglee. For IDEX Dinglee, the
Department will issue assessment
instructions to liquidate any shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption for the period December 1,
2011, through December 31, 2011.9
Cash Deposit Instructions
The Department also intends to
instruct CBP to collect cash deposits of
estimated CVDs in the amounts shown
above for 2011 on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all nonreviewed companies, we will instruct
8 The Alnan Companies are the producer of
subject merchandise, and Kromet is the exporter.
9 For more information on the assessment
instructions covering IDEX Dinglee, see Final
Decision Memorandum at Comment 5.
VerDate Mar<15>2010
17:20 Dec 31, 2013
Jkt 232001
2011
ad valorem
rate
(percent)
10.23
10.23
10.23
10.23
10.23
9.67
9.67
9.67
9.67
9.67
10.23
10.23
10.23
10.23
10.23
10.23
10.23
10.23
9.67
9.67
9.67
9.67
9.67
9.67
9.67
9.67
10.23
10.23
10.23
9.67
9.67
9.67
10.23
10.23
121.22
121.22
121.22
9.67
9.67
121.22
121.22
121.22
CBP to continue to collect cash deposits
at the most recent company-specific or
country-wide rate applicable to the
company. Accordingly, the cash deposit
rates that will be applied to companies
covered by this order, but not examined
in this review, are those established in
the most recently completed segment of
the proceeding for each company. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
2. Background
3. Scope of the Order
4. Use of Facts Otherwise Available and
Adverse Inferences
5. Subsidy Valuation Information
6. Loan Benchmark Rates
7. Analysis of Programs
8. Final Ad Valorem Rate for Non-Selected
Companies Under Review
9. Final Ad Valorem Rate for NonCooperative Companies Under Review
10. Analysis of Comments
11. Conclusion
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
[FR Doc. 2013–31407 Filed 12–31–13; 8:45 am]
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Final
Decision Memorandum
1. Summary
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–938]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Final Results of Countervailing Duty
Administrative Review; 2011
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has completed its
administrative review of the
countervailing duty (CVD) order on
citric acid and certain citrate salts (citric
acid) from the People’s Republic of
China for the period January 1, 2011,
through December 31, 2011. On June 10,
2013, we published the preliminary
results of this review and the postAGENCY:
E:\FR\FM\02JAN1.SGM
02JAN1
Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices
preliminary results were completed on
November 7, 2013.1
We provided interested parties with
an opportunity to comment on the
Preliminary Results and PostPreliminary Results. Our analysis of the
comments submitted has resulted in a
change to the net subsidy rate for RZBC
Group Shareholding Co., Ltd. (RZBC
Group), RZBC Co., Ltd., RZBC Juxian
Co., Ltd. (RZBC Juxian), and RZBC Imp.
& Exp. Co., Ltd. (collectively, RZBC or
RZBC Companies). The final net subsidy
rate is listed below in the section
entitled ‘‘Final Results of Review.’’
DATES:
Effective Date: January 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Patricia M. Tran, AD/CVD Operations,
Office III, Enforcement and Compliance,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–1503.
SUPPLEMENTARY INFORMATION:
Background
maindgalligan on DSK5TPTVN1PROD with NOTICES
Following the Preliminary Results and
Post-Preliminary Results, we received
case briefs from the Government of the
People’s Republic of China (GOC),
RZBC Companies, and Petitioners 2 on
November 18, 2013. On November 25,
2013, all parties submitted their rebuttal
briefs. We held ex-parte meetings with
RZBC Companies on November 27,
2013, and Petitioners on December 5,
2013.3 Each party discussed their
arguments in the case and rebuttal
briefs.
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.
Therefore, all deadlines in this segment
of the proceeding were extended by 16
days. The deadline for the final results
for this segment of the proceeding was
extended to Wednesday, December 25,
2013, and because December 25 is a
1 See Citric Acid and Certain Citrate Salts:
Preliminary Results of Countervailing Duty
Administrative Review; 2011, 78 FR 34648 (June 10,
2013) (Preliminary Results) and Memorandum to
Paul Piquado, ‘‘Post-Preliminary Results Decision
Memorandum: Citric Acid and Certain Citrate Salts
from the People’s Republic of China,’’ dated
November 7, 2013 (Post-Preliminary Results).
2 Petitioners are Archer Daniels Midland
Company, Cargill Incorporated, and Tate & Lyle
Ingredients America LLC.
3 See Memoranda to the File from Patricia Tran,
‘‘Ex-Parte Meeting with Counsel representing
Petitioners’’ and ‘‘Ex-Parte Meeting with Counsel
representing RZBC Companies,’’ dated December
20, 2013.
VerDate Mar<15>2010
17:20 Dec 31, 2013
Jkt 232001
Federal Holiday, the actual deadline is
Thursday, December 26, 2013.4
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 Melissa G. Skinner, Director,
Office III, Antidumping and
Countervailing Duty Operations to
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Issues
and Decision Memorandum for the
Final Results of the Countervailing Duty
Administrative Review: Citric Acid and
Certain Citrate Salts; 2011’’ (Final
Decision Memorandum), dated
concurrently with this notice, and
hereby adopted by this notice.
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 determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific. For a full
description of the methodology
underlying our conclusions, see the
Final Decision Memorandum.
In making these findings, we have
relied, in part, on facts available and,
because one or more respondents did
not act to the best of their ability to
respond to the Department’s requests for
information, we have drawn an adverse
inference in selecting from among the
facts otherwise available. For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Final Decision
Memorandum.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we calculated a subsidy
rate for the mandatory respondent,
RZBC Companies.
Producer/Exporter
Analysis of Comments Received
All issues raised in the case briefs are
addressed in the Final Decision
Memorandum. A list of the issues raised
is attached to this notice as an
Appendix. The Final Decision
Memorandum is a public document and
is on file electronically via IA ACCESS.
IA ACCESS is available to registered
users at https://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 Final Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
enforcement/. The signed Final Decision
Memorandum and the electronic
versions of the Final Decision
Memorandum are identical in content.
4 See Memorandum to the File from Patricia Tran,
‘‘Countervailing Duty (CVD) Administrative
Review: Citric Acid & Certain Citrate Salts from the
People’s Republic of China, covering period 1/01/
2011—12/31/2011 (2011 Citric Acid from the PRC):
Tolling of Final Results Deadline,’’ dated October
21, 2013, which contains Memorandum for the
Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Deadlines Affected
by the Shutdown of the Federal Government’’
(October 18, 2013). Therefore, all deadlines in this
segment of the proceeding have been extended by
16 days. If the new deadline falls on a non-business
day, in accordance with the Department’s practice,
the deadline will become the next business day.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
109
RZBC Co., Ltd., RZBC
Juxian Co., Ltd., RZBC
Imp. & Exp. Co., Ltd., and
RZBC Group Shareholding
Co., Ltd .............................
Net subsidy
rate
35.87
Assessment Rates
The Department intends to issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (CBP) 15 days after the date
of publication of these final results, to
liquidate shipments of subject
merchandise by RZBC Companies
entered, or withdrawn from warehouse,
for consumption on or after January 1,
2011, through December 31, 2011.
Cash Deposit Instructions
The Department also intends to
instruct CBP to collect cash deposits of
estimated CVDs in the amount shown
above on shipments of subject
merchandise by RZBC Companies
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed
companies, we will instruct CBP to
continue to collect cash deposits at the
most recent company-specific or
country-wide rate applicable to the
company. Accordingly, the cash deposit
E:\FR\FM\02JAN1.SGM
02JAN1
110
Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices
rates that will be applied to companies
covered by this order, but not examined
in this review, are those established in
the most recently completed segment of
the proceeding for each company. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidy Valuation Information
VI. Benchmark and Discount Rates
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether There Is a Basis for
the Imposition of Countervailing Duties
on RZBC’s Imports
Comment 2: Whether the Provision of
Sulfuric Acid Is Specific Under Section
771(5A) of the Act
Comment 3: Whether the Provision of
Steam Coal Is Specific Under Section
771(5A) of the Act
Comment 4: Whether the Provision of
Calcium Carbonate Is Specific Under
Section 771(5A) of the Act
Comment 5: Whether the Department
Should Countervail Input Purchases
Made Through Trading Companies and
Produced by ‘‘Authorities’’
Comment 6: Whether the Certain Sulfuric
Acid Producers are ‘‘Authorities’’
Comment 7: Shandong Province Policy
Loans
Comment 8: Creditworthiness
Comment 9: Whether Provision of Land for
Less Than Adequate Remuneration
(LTAR) to Enterprises Located in
Development Parks/Zones in the
Donggang District Is Countervailable
Comment 10: Whether Provision of Land
for LTAR to Enterprises in Strategic
Emerging Industries in Shandong
Province Is Countervailable
Comment 11: Whether Limestone Flux Is
Calcium Carbonate and Sold at LTAR
Comment 12: Whether the Department
Should Modify the Calcium Carbonate
Benchmark To Use World Export Prices
Derived From Chapter 28 of the
Harmonized Tariff Schedule
Comment 13: Benchmark Issues
A. Whether World Market Prices for Input
Benchmarks Are Reasonably Available
B. Whether To Consider Factors of
Comparability to Select World Market
Prices
C. Whether To Exclude Export Prices to the
PRC in the Benchmark Calculation
D. Whether To Include RZBC Companies’
Limestone Flux Benchmark Submission
E. Whether Benchmark Averaging
Methodology is Unreasonable, Distortive,
and Otherwise Not in Accordance With
Law
F. The Department Should Average Import
Duties When Calculating the LTAR
Benchmarks
G. The Department Should Modify The
Sulfuric Acid Benchmark by Adding
Hazardous Shipping Charges
H. Whether International Freight for
Limestone Flux Is Aberrational
Comment 14: Whether To Adjust Sulfuric
Acid Input Purchases by RZBC
Companies
IX. Conclusion
[FR Doc. 2013–31411 Filed 12–31–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (‘‘Sunset’’)
Review
Enforcement and Compliance,
formerly Import Administration,
AGENCY:
International Trade Administration,
Department of Commerce
SUMMARY: In accordance with section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) is
automatically initiating five-year
reviews (‘‘Sunset Reviews’’) of the
antidumping and countervailing duty
(‘‘AD/CVD’’) order listed below. The
International Trade Commission (‘‘the
Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-Year Review which
covers the same orders.
DATES:
The
Department official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230.
For information from the Commission
contact Mary Messer, Office of
Investigations, U.S. International Trade
Commission at (202) 205–3193.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth 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).
Initiation of Review
In accordance with 19 CFR
351.218(c), we are initiating the Sunset
Review of the following antidumping
duty order:
DOC case No.
ITC case No.
Country
Product
A–570–929 ............
maindgalligan on DSK5TPTVN1PROD with NOTICES
Effective Date: January 1, 2014.
731–TA–1143 .......
China ....................
A–588–804 ............
A–412–801 ............
731–TA–394A .......
731–TA–399A .......
Japan ....................
United Kingdom ....
Small Diameter Graphite Electrodes
(1st Review).
Ball Bearings and Parts Thereof .........
Ball Bearings and Parts Thereof .........
Filing Information
As a courtesy, we are making
information related to sunset
VerDate Mar<15>2010
17:20 Dec 31, 2013
Jkt 232001
proceedings, including copies of the
pertinent statute and Department’s
regulations, the Department’s schedule
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Sfmt 4703
Department contact
David Goldberger, (202) 482–4136.
David Goldberger, (202) 482–4136.
David Goldberger, (202) 482–4136.
for Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
E:\FR\FM\02JAN1.SGM
02JAN1
Agencies
[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 108-110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31411]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-938]
Citric Acid and Certain Citrate Salts From the People's Republic
of China: Final Results of Countervailing Duty Administrative Review;
2011
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has completed its
administrative review of the countervailing duty (CVD) order on citric
acid and certain citrate salts (citric acid) from the People's Republic
of China for the period January 1, 2011, through December 31, 2011. On
June 10, 2013, we published the preliminary results of this review and
the post-
[[Page 109]]
preliminary results were completed on November 7, 2013.\1\
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts: Preliminary
Results of Countervailing Duty Administrative Review; 2011, 78 FR
34648 (June 10, 2013) (Preliminary Results) and Memorandum to Paul
Piquado, ``Post-Preliminary Results Decision Memorandum: Citric Acid
and Certain Citrate Salts from the People's Republic of China,''
dated November 7, 2013 (Post-Preliminary Results).
---------------------------------------------------------------------------
We provided interested parties with an opportunity to comment on
the Preliminary Results and Post-Preliminary Results. Our analysis of
the comments submitted has resulted in a change to the net subsidy rate
for RZBC Group Shareholding Co., Ltd. (RZBC Group), RZBC Co., Ltd.,
RZBC Juxian Co., Ltd. (RZBC Juxian), and RZBC Imp. & Exp. Co., Ltd.
(collectively, RZBC or RZBC Companies). The final net subsidy rate is
listed below in the section entitled ``Final Results of Review.''
DATES: Effective Date: January 2, 2014.
FOR FURTHER INFORMATION CONTACT: Patricia M. Tran, AD/CVD Operations,
Office III, Enforcement and Compliance, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone (202) 482-1503.
SUPPLEMENTARY INFORMATION:
Background
Following the Preliminary Results and Post-Preliminary Results, we
received case briefs from the Government of the People's Republic of
China (GOC), RZBC Companies, and Petitioners \2\ on November 18, 2013.
On November 25, 2013, all parties submitted their rebuttal briefs. We
held ex-parte meetings with RZBC Companies on November 27, 2013, and
Petitioners on December 5, 2013.\3\ Each party discussed their
arguments in the case and rebuttal briefs.
---------------------------------------------------------------------------
\2\ Petitioners are Archer Daniels Midland Company, Cargill
Incorporated, and Tate & Lyle Ingredients America LLC.
\3\ See Memoranda to the File from Patricia Tran, ``Ex-Parte
Meeting with Counsel representing Petitioners'' and ``Ex-Parte
Meeting with Counsel representing RZBC Companies,'' dated December
20, 2013.
---------------------------------------------------------------------------
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013. Therefore, all
deadlines in this segment of the proceeding were extended by 16 days.
The deadline for the final results for this segment of the proceeding
was extended to Wednesday, December 25, 2013, and because December 25
is a Federal Holiday, the actual deadline is Thursday, December 26,
2013.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the File from Patricia Tran,
``Countervailing Duty (CVD) Administrative Review: Citric Acid &
Certain Citrate Salts from the People's Republic of China, covering
period 1/01/2011--12/31/2011 (2011 Citric Acid from the PRC):
Tolling of Final Results Deadline,'' dated October 21, 2013, which
contains Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
Therefore, all deadlines in this segment of the proceeding have been
extended by 16 days. If the new deadline falls on a non-business
day, in accordance with the Department's practice, the deadline will
become the next business day.
---------------------------------------------------------------------------
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 Melissa G. Skinner, Director, Office III, Antidumping
and Countervailing Duty Operations to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, ``Issues
and Decision Memorandum for the Final Results of the Countervailing
Duty Administrative Review: Citric Acid and Certain Citrate Salts;
2011'' (Final Decision Memorandum), dated concurrently with this
notice, and hereby adopted by this notice.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the Final
Decision Memorandum. A list of the issues raised is attached to this
notice as an Appendix. The Final Decision Memorandum is a public
document and is on file electronically via IA ACCESS. IA ACCESS is
available to registered users at https://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 Final Decision
Memorandum can be accessed directly on the Internet at https://www.trade.gov/enforcement/. The signed Final Decision Memorandum and
the electronic versions of the Final 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 determine that
there is a subsidy, i.e., a financial contribution by an ``authority''
that confers a benefit to the recipient, and that the subsidy is
specific. For a full description of the methodology underlying our
conclusions, see the Final Decision Memorandum.
In making these findings, we have relied, in part, on facts
available and, because one or more respondents did not act to the best
of their ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available. For further information, see ``Use of
Facts Otherwise Available and Adverse Inferences'' in the Final
Decision Memorandum.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated a subsidy
rate for the mandatory respondent, RZBC Companies.
------------------------------------------------------------------------
Net subsidy
Producer/Exporter rate
------------------------------------------------------------------------
RZBC Co., Ltd., RZBC Juxian Co., Ltd., RZBC Imp. & Exp. 35.87
Co., Ltd., and RZBC Group Shareholding Co., Ltd........
------------------------------------------------------------------------
Assessment Rates
The Department intends to issue appropriate assessment instructions
directly to U.S. Customs and Border Protection (CBP) 15 days after the
date of publication of these final results, to liquidate shipments of
subject merchandise by RZBC Companies entered, or withdrawn from
warehouse, for consumption on or after January 1, 2011, through
December 31, 2011.
Cash Deposit Instructions
The Department also intends to instruct CBP to collect cash
deposits of estimated CVDs in the amount shown above on shipments of
subject merchandise by RZBC Companies entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed companies, we will
instruct CBP to continue to collect cash deposits at the most recent
company-specific or country-wide rate applicable to the company.
Accordingly, the cash deposit
[[Page 110]]
rates that will be applied to companies covered by this order, but not
examined in this review, are those established in the most recently
completed segment of the proceeding for each company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidy Valuation Information
VI. Benchmark and Discount Rates
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether There Is a Basis for the Imposition of
Countervailing Duties on RZBC's Imports
Comment 2: Whether the Provision of Sulfuric Acid Is Specific
Under Section 771(5A) of the Act
Comment 3: Whether the Provision of Steam Coal Is Specific Under
Section 771(5A) of the Act
Comment 4: Whether the Provision of Calcium Carbonate Is
Specific Under Section 771(5A) of the Act
Comment 5: Whether the Department Should Countervail Input
Purchases Made Through Trading Companies and Produced by
``Authorities''
Comment 6: Whether the Certain Sulfuric Acid Producers are
``Authorities''
Comment 7: Shandong Province Policy Loans
Comment 8: Creditworthiness
Comment 9: Whether Provision of Land for Less Than Adequate
Remuneration (LTAR) to Enterprises Located in Development Parks/
Zones in the Donggang District Is Countervailable
Comment 10: Whether Provision of Land for LTAR to Enterprises in
Strategic Emerging Industries in Shandong Province Is
Countervailable
Comment 11: Whether Limestone Flux Is Calcium Carbonate and Sold
at LTAR
Comment 12: Whether the Department Should Modify the Calcium
Carbonate Benchmark To Use World Export Prices Derived From Chapter
28 of the Harmonized Tariff Schedule
Comment 13: Benchmark Issues
A. Whether World Market Prices for Input Benchmarks Are
Reasonably Available
B. Whether To Consider Factors of Comparability to Select World
Market Prices
C. Whether To Exclude Export Prices to the PRC in the Benchmark
Calculation
D. Whether To Include RZBC Companies' Limestone Flux Benchmark
Submission
E. Whether Benchmark Averaging Methodology is Unreasonable,
Distortive, and Otherwise Not in Accordance With Law
F. The Department Should Average Import Duties When Calculating
the LTAR Benchmarks
G. The Department Should Modify The Sulfuric Acid Benchmark by
Adding Hazardous Shipping Charges
H. Whether International Freight for Limestone Flux Is
Aberrational
Comment 14: Whether To Adjust Sulfuric Acid Input Purchases by
RZBC Companies
IX. Conclusion
[FR Doc. 2013-31411 Filed 12-31-13; 8:45 am]
BILLING CODE 3510-DS-P