Citric Acid and Certain Citrate Salts From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 65182-65184 [2014-26074]
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65182
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
inches.7 Certain steel nails include, but are
not limited to, nails made from round wire
and nails that are cut from flat-rolled steel.
Certain steel nails may be of one piece
construction or constructed of two or more
pieces. Certain steel nails may be produced
from any type of steel, and may have any
type of surface finish, head type, shank, point
type and shaft diameter. Finishes include,
but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw threaded,
ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using
direct force and not by turning the nail using
a tool that engages with the head. Point styles
include, but are not limited to, diamond,
needle, chisel and blunt or no point. Certain
steel nails may be sold in bulk, or they may
be collated in any manner using any material.
If packaged in combination with one or more
non-subject articles, certain steel nails
remain subject merchandise if the total
number of nails of all types, in aggregate
regardless of size, is equal to or greater than
25.
Excluded from the scope of this
investigation are certain steel nails packaged
in combination with one or more non-subject
articles, if the total number of nails of all
types, in aggregate regardless of size, is less
than 25.
Also excluded from the scope of this
investigation are steel nails that meet the
specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM
Standard F1667 (2013 revision).
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under Harmonized Tariff Schedule of the
United States subheadings 7317.00.20.00 and
7317.00.30.00.
Also excluded from the scope of this
investigation are nails having a case hardness
greater than or equal to 50 on the Rockwell
Hardness C scale (HRC), a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
7317.00.10.00.
Certain steel nails subject to this
investigation are currently classified under
7 The
shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
VerDate Sep<11>2014
17:37 Oct 31, 2014
Jkt 235001
HTSUS subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to
this investigation also may be classified
under HTSUS subheading 8206.00.00.00.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix 2
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Alignment of Final Countervailing Duty
Determination with Final Antidumping
Duty Determination
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. United States International Trade
Commission (ITC) Notification
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion
[FR Doc. 2014–26072 Filed 10–31–14; 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:
Final Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 28, 2014, the
Department of Commerce (‘‘the
Department’’) published its Preliminary
Results of the 2012–2013 administrative
review of the antidumping duty order
on citric acid and certain citrate salts
from the People’s Republic of China
(PRC).1 The period of review (‘‘POR’’)
for the administrative review is May 1,
2012, through April 30, 2013. This POR
covers two producers/exporters of
subject merchandise: (1) Yixing-Union
Biochemical Co., Ltd. (‘‘Yixing’’); and
(2) Laiwu Taihe Biochemistry Co., Ltd.
(‘‘Taihe’’). We invited interested parties
to comment on our Preliminary Results.
AGENCY:
1 See Citric Acid and Certain Citrate Salts From
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; 2012–
2013, 79 FR 23322 (April 28, 2014) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
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Based on our analysis of the comments
received, we made certain changes to
our margin calculations for Taihe. The
final dumping margins for this review
are listed in the ‘‘Final Results’’ section
below.
DATES: Effective Date: November 3,
2014.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4037 or (202) 482–
5831, respectively.
Background
On April 28, 2014, the Department
published its Preliminary Results. On
May 28, 2014, Petitioners requested a
hearing.2 Additionally, on May 28,
2014, Yixing requested an opportunity
to participate should a hearing be
requested by Petitioners.3 Based on
these hearing requests, on September 3,
2014, the Department held a closed
hearing limited to issues raised in case
briefs and rebuttal briefs. We received
case briefs from Yixing, Taihe, and,
Archer Daniels Midland Company,
Cargill, Incorporated, and Tate & Lyle
Ingredients Americas, Inc. (collectively,
‘‘Petitioners’’) on June 4, 2014.4
Additionally, on June 12, 2014, we
received rebuttal case briefs from
Yixing, Taihe, and Petitioners.5 Taihe
resubmitted its rebuttal case brief after
redacting certain untimely arguments on
June 21, 2014.6
2 See Letter from Petitioners to the Department
regarding, ‘‘Citric Acid and Citrate Salts From the
People’s Republic of China: Petitioners’ Hearing
Request and Request for a Closed Session,’’ dated
May 28, 2014.
3 See Letter from Yixing to the Department
regarding, ‘‘Hearing Request of Yixing-Union
Biochemical Co., Ltd.: Citric Acid and Certain
Citrate Salts From the People’s Republic of China,’’
dated May 28, 2014.
4 See Letter from Yixing to the Department
regarding, ‘‘Citric Acid and Certain Citrate Salts
From the People’s Republic of China (A–570–937)Case Brief of Yixing-Union Biochemical Co., Ltd.,’’
dated June 4, 2014; see also Letter from Taihe to
the Department regarding, ‘‘Citric Acid and Citrate
Salts From the People’s Republic of
China: Case Brief,’’ dated June 4, 2014; see also
Letter from Petitioners to the Department regarding,
‘‘Citric Acid and Certain Citrate Salts From The
People’s Republic Of China/Petitioners’ Case Brief,’’
dated June 4, 2014.
5 See Letter from Yixing to the Department
regarding, ‘‘Citric Acid and Certain Citrate Salts
From the People’s Republic of China (A–570–937)Rebuttal Brief of Yixing-Union Biochemical Co.,
Ltd.,’’ dated June 12, 2014; see also Letter from
Petitioners to the Department regarding, ‘‘Citric
Acid and Certain Citrate Salts From The People’s
Republic Of China/Petitioners’ Rebuttal Brief,’’
dated June 12, 2014.
6 See Letter from Taihe to the Department
regarding, ‘‘Citric Acid and Citrate Salts From the
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Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
Scope of the Order
The products covered by the order
include 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.7 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.8
Analysis of Comments Received
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All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file 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 Central
Records Unit, room 7046 of the main
Department of Commerce building. 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
People’s Republic of China: Rebuttal Brief,’’ dated
July 21, 2014.
7 See ‘‘Issues and Decision Memorandum for the
Final Results of the 2012–2013 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
Enforcement and Compliance, issued concurrently
with this notice (‘‘Issues and Decision
Memorandum’’), for a complete description of the
Scope of the Order.
8 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).
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17:37 Oct 31, 2014
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65183
with those transactions. For dutyassessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
Changes Since the Preliminary Results
entered customs values for the subject
Based on a review of the record and
merchandise. Where appropriate, we
comments received from interested
calculated a per-unit rate for each
parties regarding our Preliminary
importer (or customer) by dividing the
Results, we revised the margin
total dumping margins for reviewed
calculation for Taihe.9 We made the
sales to that party by the total sales
following changes to the margin
quantity associated with those
calculation for Taihe.
transactions. For duty-assessment rates
• We changed the surrogate value
calculated on this basis, we will direct
used to value Taihe’s paperboard
CBP to assess the resulting per-unit rate
packing material.
against the entered quantity of the
• We recalculated Taihe’s by-product subject merchandise.10 We will instruct
offset for corn feed based on corn
CBP to assess antidumping duties on all
consumption.
appropriate entries covered by this
review when the importer-specific
Final Results
assessment rate is above de minimis.
We determine that the following
Where either the respondent’s weightedweighted-average dumping margins
average dumping margin is zero or de
exist for the POR:
minimis, or an importer-specific
assessment rate is zero or de minimis,
Weightedwe will instruct CBP to liquidate the
average
appropriate entries without regard to
Exporter
dumping
margin
antidumping duties.
(percentage)
The Department announced a
refinement to its assessment practice in
Yixing-Union Biochemical
non-market economy (‘‘NME’’) cases.11
Co., Ltd .............................
6.80
Pursuant to this refinement in practice,
Laiwu Taihe Biochemistry
Co., Ltd .............................
3.08 for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
Assessment Rates
during this review, the Department will
The Department will determine, and
instruct CBP to liquidate such entries at
U.S. Customs and Border Protection
the NME-wide rate (i.e., 156.87
(CBP) shall assess, antidumping duties
percent).12 For a full discussion of this
on all appropriate entries covered by
practice, see Assessment in NME
this review. The Department intends to
Antidumping Proceedings.
issue assessment instructions to CBP 15
Cash Deposit Requirements
days after the publication date of these
final results of this review. In
The following cash deposit
accordance with 19 CFR 351.212(b)(1),
requirements will be effective upon
we are calculating importer- (or
publication of the final results of this
customer-) specific assessment rates for
administrative review for shipments of
the merchandise subject to this review.
the subject merchandise from the PRC
For any individually examined
entered, or withdrawn from warehouse,
respondent whose weighted-average
for consumption on or after the
dumping margin is above de minimis
publication date, as provided by section
(i.e., 0.50 percent), the Department will
751(a)(2)(C) of the Tariff Act of 1930, as
calculate importer- (or customer)amended (the Act): (1) For the exporters
specific assessment rates for
listed above, the cash deposit rate will
merchandise subject to this review.
be the rate listed for each exporter in the
Where appropriate, we calculated an ad table in the ‘‘Final Results’’ section of
valorem rate for each importer (or
this notice; (2) for previously
customer) by dividing the total dumping investigated or reviewed PRC and nonmargins for reviewed sales to that party
by the total entered values associated
10 See Antidumping Proceedings: Calculation of
paper copy and electronic version of the
Issues and Decision Memorandum are
identical in content.
9 See
Memorandum to the File regarding, ‘‘Fourth
Administrative Review of the Antidumping Duty
Order on Citric Acid and Certain Citrate Salts From
the People’s Republic of China: Analysis of the
Final Results Margin Calculation for Laiwu Taihe
Biochemistry Co., Ltd.,’’ dated October 27, 2014; see
also Memorandum to the File regarding, ‘‘Final
Results of the Fourth Administrative Review of
Citric Acid and Certain Citrate Salts From the
People’s Republic of China: Surrogate Value
Memorandum,’’ dated October 27, 2014.
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Sfmt 4703
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment in NME
Antidumping Proceedings’’).
12 See Citric Acid and Certain Citrate Salts From
the People’s Republic of China; Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 79 FR 101 (January 2, 2014).
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Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
PRC 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; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled a separate rate, the
cash deposit rate will be the rate of the
PRC-wide entity established in the final
determination of the less than fair value
investigation (i.e., 156.87 percent); 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.
Disclosure
We intend to disclose the calculations
performed regarding these final results
within five days of the date of
publication of this notice 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 that subsequent
assessment of doubled antidumping
duties.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
17:37 Oct 31, 2014
Jkt 235001
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issues
Comment 1: Differential Pricing
Comment 1.A: Consideration of an
Alternative Comparison Method in an
Administrative Review
Comment 1.B: Withdrawal of the
Regulatory Provisions Governing
Targeted Dumping in Less-Than-FairValue Investigations
Comment 1.C: Denial of Offsets for NonDumped Sales When Using the
Alternative Average-to-Transaction
Comparison Methodology
Comment 1.D: Differential Pricing
Analysis: Taihe
Comment 1.E: Differential Pricing
Analysis: Yixing
Comment 2: Surrogate Value for Packing
Material
Comment 3: Surrogate Value for
International Freight
Comment 4: Surrogate Value for
Brokerage and Handling
Comment 5: Whether the Department
Should Deny the Corn Feed By-Product
Offset Claimed by Taihe
Comment 6: Whether the Department
Should Apply Adverse Facts Available
to Yixing
Comment 7: Whether to Grant Yixing a
By-Product Offset Recommendation
[FR Doc. 2014–26074 Filed 10–31–14; 8:45 am]
BILLING CODE 3510–DS–P
DATES:
Effective Date: November 3,
2014.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Thomas Schauer,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6478 and (202)
482–0410, respectively.
SUPPLEMENTARY INFORMATION: On June
25, 2014, the Department initiated this
countervailing duty (CVD)
investigation.1 On the same day, the
Department also initiated an
antidumping duty (AD) investigation of
nails from Vietnam.2 On August 7, in
response to a request from the
Petitioner, Mid Continent Steel & Wire,
Inc., the Department postponed the
preliminary determinations in the CVD
investigations.
Alignment of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
In accordance with section 705(a)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4), and
based on Petitioner’s request, we are
aligning the final CVD determination in
this investigation with the final
determination in the companion AD
investigation of nails from Vietnam.
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
March 2, 2015, unless postponed.
DEPARTMENT OF COMMERCE
Scope of the Investigation
International Trade Administration
The products covered by this
investigation are certain steel nails. For
a complete description of the scope of
the investigation, see Appendix 1 to this
notice.
[C–552–819]
Administrative Protective Order
(‘‘APO’’)
VerDate Sep<11>2014
Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Certain Steel Nails From the Socialist
Republic of Vietnam: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Countervailing Duty Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain steel
nails (nails) from the Socialist Republic
of Vietnam (Vietnam). The period of
investigation is January 1, 2013, through
December 31, 2013. Interested parties
are invited to comment on this
preliminary determination.
AGENCY:
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Fmt 4703
Sfmt 4703
Methodology
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.3 The Preliminary
1 See Certain Steel Nails From India, the Republic
of Korea, Malaysia, the Sultanate of Oman, Taiwan,
the Republic of Turkey, and the Socialist Republic
of Vietnam, 79 FR 36014 (June 25, 2014).
2 See Certain Steel Nails From India, the Republic
of Korea, Malaysia, the Sultanate of Oman, Taiwan,
the Republic of Turkey, and the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 36019 (June 25, 2014).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
E:\FR\FM\03NON1.SGM
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Agencies
[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65182-65184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26074]
-----------------------------------------------------------------------
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;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 28, 2014, the Department of Commerce (``the
Department'') published its Preliminary Results of the 2012-2013
administrative review of the antidumping duty order on citric acid and
certain citrate salts from the People's Republic of China (PRC).\1\ The
period of review (``POR'') for the administrative review is May 1,
2012, through April 30, 2013. This POR covers two producers/exporters
of subject merchandise: (1) Yixing-Union Biochemical Co., Ltd.
(``Yixing''); and (2) Laiwu Taihe Biochemistry Co., Ltd. (``Taihe'').
We invited interested parties to comment on our Preliminary Results.
Based on our analysis of the comments received, we made certain changes
to our margin calculations for Taihe. The final dumping margins for
this review are listed in the ``Final Results'' section below.
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 23322 (April 28, 2014)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: November 3, 2014.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4037 or (202)
482-5831, respectively.
Background
On April 28, 2014, the Department published its Preliminary
Results. On May 28, 2014, Petitioners requested a hearing.\2\
Additionally, on May 28, 2014, Yixing requested an opportunity to
participate should a hearing be requested by Petitioners.\3\ Based on
these hearing requests, on September 3, 2014, the Department held a
closed hearing limited to issues raised in case briefs and rebuttal
briefs. We received case briefs from Yixing, Taihe, and, Archer Daniels
Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients
Americas, Inc. (collectively, ``Petitioners'') on June 4, 2014.\4\
Additionally, on June 12, 2014, we received rebuttal case briefs from
Yixing, Taihe, and Petitioners.\5\ Taihe resubmitted its rebuttal case
brief after redacting certain untimely arguments on June 21, 2014.\6\
---------------------------------------------------------------------------
\2\ See Letter from Petitioners to the Department regarding,
``Citric Acid and Citrate Salts From the People's Republic of China:
Petitioners' Hearing Request and Request for a Closed Session,''
dated May 28, 2014.
\3\ See Letter from Yixing to the Department regarding,
``Hearing Request of Yixing-Union Biochemical Co., Ltd.: Citric Acid
and Certain Citrate Salts From the People's Republic of China,''
dated May 28, 2014.
\4\ See Letter from Yixing to the Department regarding, ``Citric
Acid and Certain Citrate Salts From the People's Republic of China
(A-570-937)- Case Brief of Yixing-Union Biochemical Co., Ltd.,''
dated June 4, 2014; see also Letter from Taihe to the Department
regarding, ``Citric Acid and Citrate Salts From the People's
Republic of
China: Case Brief,'' dated June 4, 2014; see also Letter from
Petitioners to the Department regarding, ``Citric Acid and Certain
Citrate Salts From The People's Republic Of China/Petitioners' Case
Brief,'' dated June 4, 2014.
\5\ See Letter from Yixing to the Department regarding, ``Citric
Acid and Certain Citrate Salts From the People's Republic of China
(A-570-937)- Rebuttal Brief of Yixing-Union Biochemical Co., Ltd.,''
dated June 12, 2014; see also Letter from Petitioners to the
Department regarding, ``Citric Acid and Certain Citrate Salts From
The People's Republic Of China/Petitioners' Rebuttal Brief,'' dated
June 12, 2014.
\6\ See Letter from Taihe to the Department regarding, ``Citric
Acid and Citrate Salts From the People's Republic of China: Rebuttal
Brief,'' dated July 21, 2014.
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[[Page 65183]]
Scope of the Order
The products covered by the order include 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.\7\ 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.\8\
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\7\ See ``Issues and Decision Memorandum for the Final Results
of the 2012-2013 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 Enforcement and Compliance, issued concurrently with this notice
(``Issues and Decision Memorandum''), for a complete description of
the Scope of the Order.
\8\ 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).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file 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
Central Records Unit, room 7046 of the main Department of Commerce
building. 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 paper copy and electronic version 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 revised the
margin calculation for Taihe.\9\ We made the following changes to the
margin calculation for Taihe.
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\9\ See Memorandum to the File regarding, ``Fourth
Administrative Review of the Antidumping Duty Order on Citric Acid
and Certain Citrate Salts From the People's Republic of China:
Analysis of the Final Results Margin Calculation for Laiwu Taihe
Biochemistry Co., Ltd.,'' dated October 27, 2014; see also
Memorandum to the File regarding, ``Final Results of the Fourth
Administrative Review of Citric Acid and Certain Citrate Salts From
the People's Republic of China: Surrogate Value Memorandum,'' dated
October 27, 2014.
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We changed the surrogate value used to value Taihe's
paperboard packing material.
We recalculated Taihe's by-product offset for corn feed
based on corn consumption.
Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percentage)
------------------------------------------------------------------------
Yixing-Union Biochemical Co., Ltd....................... 6.80
Laiwu Taihe Biochemistry Co., Ltd....................... 3.08
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. 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- (or customer)-specific assessment rates for merchandise
subject to this review. Where appropriate, we calculated an ad valorem
rate for each importer (or customer) by dividing the total dumping
margins for reviewed sales to that party by the total entered values
associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. Where appropriate, we calculated a per-unit rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise.\10\ 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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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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The Department announced a refinement to its assessment practice in
non-market economy (``NME'') cases.\11\ 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 (i.e., 156.87 percent).\12\ For a full discussion of
this practice, see Assessment in NME Antidumping Proceedings.
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
in NME Antidumping Proceedings'').
\12\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China; Final Results of Antidumping Duty Administrative
Review; 2011-2012, 79 FR 101 (January 2, 2014).
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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 the exporters listed above, the cash deposit rate
will be the rate listed for each exporter in the table in the ``Final
Results'' section of this notice; (2) for previously investigated or
reviewed PRC and non-
[[Page 65184]]
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; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled a separate rate,
the cash deposit rate will be the rate of the PRC-wide entity
established in the final determination of the less than fair value
investigation (i.e., 156.87 percent); 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.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice 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 that subsequent
assessment of doubled antidumping duties.
Administrative Protective Order (``APO'')
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: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issues
Comment 1: Differential Pricing
Comment 1.A: Consideration of an Alternative Comparison Method
in an Administrative Review
Comment 1.B: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 1.C: Denial of Offsets for Non-Dumped Sales When Using
the Alternative Average-to-Transaction Comparison Methodology
Comment 1.D: Differential Pricing Analysis: Taihe
Comment 1.E: Differential Pricing Analysis: Yixing
Comment 2: Surrogate Value for Packing Material
Comment 3: Surrogate Value for International Freight
Comment 4: Surrogate Value for Brokerage and Handling
Comment 5: Whether the Department Should Deny the Corn Feed By-
Product Offset Claimed by Taihe
Comment 6: Whether the Department Should Apply Adverse Facts
Available to Yixing
Comment 7: Whether to Grant Yixing a By-Product Offset
Recommendation
[FR Doc. 2014-26074 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P