Citric Acid and Certain Citrate Salts: Final Results of Countervailing Duty Administrative Review; 2013, 77318-77319 [2015-31419]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 77318 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices pursuant to his discretionary authority and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) on July 14, 2010. The RE&EEAC was rechartered on June 12, 2014. The RE&EEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to enhance the international competitiveness of the U.S. renewable energy and energy efficiency industries. 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Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Victoria Gunderson, Office of Energy and Environmental Industries, U.S. Department of Commerce; 1401 Constitution Avenue NW.; Mail Stop: 4053; Washington, DC 20230. To be considered during the meeting, written comments must be received no later than 5:00 p.m. DST on Friday, January 22, 2016, to ensure transmission to the Committee prior to the meeting. Comments received after that date will VerDate Sep<11>2014 17:36 Dec 11, 2015 Jkt 238001 be distributed to the members but may not be considered at the meeting. Copies of RE&EEAC meeting minutes will be available within 30 days following the meeting. Dated: December 4, 2015. Edward A. O’Malley, Director, Office of Energy and Environmental Industries. [FR Doc. 2015–31365 Filed 12–11–15; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–938] Citric Acid and Certain Citrate Salts: Final Results of Countervailing Duty Administrative Review; 2013 Enforcement and Compliance, 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 sales from the People’s Republic of China (PRC) for the period January 1, 2013, through December 31, 2013. On June 8, 2015, the Department published in the Federal Register the Preliminary Results of this administrative review.1 We completed the Post-Preliminary Results in this administrative review on June 26, 2015.2 We gave interested parties an opportunity to comment on the Preliminary Results and PostPreliminary Results. Our analysis of the comments received resulted in a change to the net subsidy rate for Laiwu Taihe Biochemistry Co. Ltd. (Taihe). The final net subsidy rate is listed below in the section entitled, ‘‘Final Results of the Review.’’ DATES: Effective date: December 14, 2015. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution AGENCY: 1 See Citric Acid and Certain Citrate Salts: Preliminary Results of Countervailing Duty Administrative Review; 2013, 80 FR 32346 (June 8, 2015) (Preliminary Results). 2 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Melissa G. Skinner, Director, Office II, entitled, ‘‘Post-Preliminary Results Decision Memorandum in the 2013 Countervailing Duty Administrative Review; Citric Acid and Certain Citrate Salts from the People’s Republic of China,’’ dated June 26, 2015 (Post-Preliminary Results). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Avenue NW., Washington, DC 20230; telephone (202) 482–3874. SUPPLEMENTARY INFORMATION: Background On June 8, 2015, the Department published in the Federal Register the Preliminary Results of the 2013 administrative review of the CVD order on citric acid and certain citrate salts from the PRC. We completed the PostPreliminary Results in this administrative review on June 26, 2015. We invited parties to comment on the Preliminary Results and PostPreliminary Results. On July 22, 2015, we received case briefs from the Government of China (GOC) and Taihe. On July 27, 2015, we received a rebuttal brief from the petitioners.3 On August 13, 2015, we postponed the final results by 60 days, until December 7, 2015.4 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 remains dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review: Citric Acid and Certain Citrate Salts; 2013’’ (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. Analysis of Comments Received All issues raised in the case briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and 3 The petitioners are Archer Daniels Midland Company, Cargill Incorporated, and Tate & Lyle Ingredients America LLC. 4 See memorandum to Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, from Shannon Morrison, International Trade Compliance Analyst, entitled, ‘‘Citric Acid and Certain Citrate Salts from the People’s Republic of China: Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated August 13, 2015. E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 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 http://www.trade.gov/ enforcement/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Methodology The Department 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 from an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific).5 See the Issues and Decision Memorandum for a full description of the methodology underlying our conclusions. In making our findings, we relied, in part, on the facts otherwise available. Further, because the GOC did not act to the best of its ability to respond to the Department’s requests for information, we drew an adverse inference in selecting from among the facts available, pursuant to sections 776(a) and (b) of the Act. See the Issues and Decision Memorandum in the section entitled, ‘‘Use of Facts Otherwise Available and Adverse Inferences,’’ for further information. Final Results of the Review mstockstill on DSK4VPTVN1PROD 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 by Taihe entered, or withdrawn from warehouse, for consumption on or after January 1, 2013, through December 31, 2013. 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 17:36 Dec 11, 2015 Jkt 238001 The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above on shipments of subject merchandise by Taihe 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 of estimated countervailing duties 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. 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 Act. Dated: December 7, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix In accordance with 19 CFR 351.221(b)(5), we determine a net countervailable subsidy rate of 30.93 percent ad valorem for Taihe. VerDate Sep<11>2014 Cash Deposit Instructions 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. Subsidies Valuation Information VI. Benchmarks and Discount Rates VII. Analysis of Programs VIII. Analysis of Comments 1. Whether To Find Input for the LessThan-Adequate-Remuneration (LTAR) Programs Not Specific A. Sulfuric Acid B. Steam Coal C. Calcium Carbonate D. Caustic Soda 2. Whether the Department Should Apply Adverse Facts Available in its Market Distortion Analysis of the Sulfuric Acid, PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 77319 Calcium Carbonate, and Caustic Soda Industries 3. Whether To Reverse the Department’s ‘‘Authorities’’ Determination for Certain Input Suppliers 4. Including Ocean Freight and Import Duties in the International Freight Benchmark for Input for LTAR Programs 5. The Selection of Ports in the International Freight Benchmark for Input for LTAR Programs 6. Whether To Use Freight Rates for Flat Rack Containers in the International Freight Benchmark for the Calcium Carbonate for LTAR Program 7. Whether To Include the Costs for Hazardous Shipping Charges in the International Freight Benchmark for the Sulfuric Acid and Caustic Soda for LTAR Programs IX. Recommendation [FR Doc. 2015–31419 Filed 12–11–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Request for Public Input on Sectoral Dialogues To Inform Work on Standards Cooperation Under the U.S.India Strategic and Commercial Dialogue ACTION: Notice. With this notice, the U.S. Department of Commerce (USDOC), on behalf of the Administration, is seeking public input to identify priority sectors in which the United States and India will pursue cooperative dialogues under the U.S.-India Strategic and Commercial Dialogue (S&CD) to address standardsrelated trade barriers. The aim of the cooperative dialogues is for the private sector to produce concrete recommendations for the U.S. and Indian governments on breaking down barriers related to standards, regulatory, and conformity assessment practices to increase bilateral trade. Stakeholder input will be used by the USDOC, in consultation with its interagency partners, to identify those sectors where cooperative work will yield the most benefits for bilateral trade from a U.S. perspective. The USDOC will also use stakeholder input to seek agreement from its Indian government counterparts on the sectors in which to begin cooperative work. Criteria for selection include: The nature of the existing standards-related barriers in the sector (medical devices, ICT products, oil and gas, etc.), including whether the standards related measures that are affecting bilateral trade are subject to regulatory discretion or have limited potential for adjustment due to legislated mandates; the relative SUMMARY: E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77318-77319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31419]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-938]


Citric Acid and Certain Citrate Salts: Final Results of 
Countervailing Duty Administrative Review; 2013

AGENCY: Enforcement and Compliance, 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 sales from the People's Republic of China 
(PRC) for the period January 1, 2013, through December 31, 2013. On 
June 8, 2015, the Department published in the Federal Register the 
Preliminary Results of this administrative review.\1\ We completed the 
Post-Preliminary Results in this administrative review on June 26, 
2015.\2\
---------------------------------------------------------------------------

    \1\ See Citric Acid and Certain Citrate Salts: Preliminary 
Results of Countervailing Duty Administrative Review; 2013, 80 FR 
32346 (June 8, 2015) (Preliminary Results).
    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Melissa G. Skinner, Director, 
Office II, entitled, ``Post-Preliminary Results Decision Memorandum 
in the 2013 Countervailing Duty Administrative Review; Citric Acid 
and Certain Citrate Salts from the People's Republic of China,'' 
dated June 26, 2015 (Post-Preliminary Results).
---------------------------------------------------------------------------

    We gave interested parties an opportunity to comment on the 
Preliminary Results and Post-Preliminary Results. Our analysis of the 
comments received resulted in a change to the net subsidy rate for 
Laiwu Taihe Biochemistry Co. Ltd. (Taihe). The final net subsidy rate 
is listed below in the section entitled, ``Final Results of the 
Review.''

DATES: Effective date: December 14, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3874.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2015, the Department published in the Federal Register 
the Preliminary Results of the 2013 administrative review of the CVD 
order on citric acid and certain citrate salts from the PRC. We 
completed the Post-Preliminary Results in this administrative review on 
June 26, 2015. We invited parties to comment on the Preliminary Results 
and Post-Preliminary Results.
    On July 22, 2015, we received case briefs from the Government of 
China (GOC) and Taihe. On July 27, 2015, we received a rebuttal brief 
from the petitioners.\3\
---------------------------------------------------------------------------

    \3\ The petitioners are Archer Daniels Midland Company, Cargill 
Incorporated, and Tate & Lyle Ingredients America LLC.
---------------------------------------------------------------------------

    On August 13, 2015, we postponed the final results by 60 days, 
until December 7, 2015.\4\
---------------------------------------------------------------------------

    \4\ See memorandum to Christian Marsh, Deputy Assistant 
Secretary for Enforcement and Compliance, from Shannon Morrison, 
International Trade Compliance Analyst, entitled, ``Citric Acid and 
Certain Citrate Salts from the People's Republic of China: Extension 
of Deadline for Final Results of Countervailing Duty Administrative 
Review,'' dated August 13, 2015.
---------------------------------------------------------------------------

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 remains dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled, ``Issues 
and Decision Memorandum for the Final Results of the Countervailing 
Duty Administrative Review: Citric Acid and Certain Citrate Salts; 
2013'' (Issues and Decision Memorandum), dated concurrently with and 
hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the Issues 
and Decision Memorandum. A list of the issues raised is attached to 
this notice as an Appendix. The Issues and Decision Memorandum is a 
public document and

[[Page 77319]]

is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, Room B8024 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 http://www.trade.gov/enforcement/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.

Methodology

    The Department 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 from an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific).\5\ See the Issues and Decision Memorandum for a full 
description of the methodology underlying our conclusions.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making our findings, we relied, in part, on the facts otherwise 
available. Further, because the GOC did not act to the best of its 
ability to respond to the Department's requests for information, we 
drew an adverse inference in selecting from among the facts available, 
pursuant to sections 776(a) and (b) of the Act. See the Issues and 
Decision Memorandum in the section entitled, ``Use of Facts Otherwise 
Available and Adverse Inferences,'' for further information.

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we determine a net 
countervailable subsidy rate of 30.93 percent ad valorem for Taihe.

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 Taihe entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2013, through December 31, 2013.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown above 
on shipments of subject merchandise by Taihe 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 of estimated 
countervailing duties 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.

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 Act.

    Dated: December 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

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. Subsidies Valuation Information
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Analysis of Comments
    1. Whether To Find Input for the Less-Than-Adequate-Remuneration 
(LTAR) Programs Not Specific
    A. Sulfuric Acid
    B. Steam Coal
    C. Calcium Carbonate
    D. Caustic Soda
    2. Whether the Department Should Apply Adverse Facts Available 
in its Market Distortion Analysis of the Sulfuric Acid, Calcium 
Carbonate, and Caustic Soda Industries
    3. Whether To Reverse the Department's ``Authorities'' 
Determination for Certain Input Suppliers
    4. Including Ocean Freight and Import Duties in the 
International Freight Benchmark for Input for LTAR Programs
    5. The Selection of Ports in the International Freight Benchmark 
for Input for LTAR Programs
    6. Whether To Use Freight Rates for Flat Rack Containers in the 
International Freight Benchmark for the Calcium Carbonate for LTAR 
Program
    7. Whether To Include the Costs for Hazardous Shipping Charges 
in the International Freight Benchmark for the Sulfuric Acid and 
Caustic Soda for LTAR Programs

IX. Recommendation
[FR Doc. 2015-31419 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-DS-P