Citric Acid and Certain Citrate Salts From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 77323-77325 [2015-31427]
Download as PDF
Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 2, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
(1) Summary
(2) Background
(3) Scope of the Order
(4) Respondent Selection
(5) DISCUSSION OF THE METHODOLOGY
a. Preliminary Determination of No
Shipments
b. Duty Absorption
c. NME Country Status
d. Separate Rates
(6) Conclusion
[FR Doc. 2015–31426 Filed 12–11–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee Public Meeting
auxiliary aids should be directed to
OEEI at (202) 482–5225 no less than one
week prior to the meeting.
SUPPLEMENTARY INFORMATION: The
meeting will take place from 8:30 a.m.
to 3:30 p.m. EST. The general meeting
is open to the public and time will be
permitted for public comment from
3:00–3:30 p.m. EST. Those interested in
attending must provide notification by
Wednesday, December 30, 2015 at 5:00
p.m. EST, via the contact information
provided above. Written comments
concerning ETTAC affairs are welcome
any time before or after the meeting.
Minutes will be available within 30
days of this meeting.
Topics to be considered:
The agenda for this meeting will
include discussion of priorities and
objectives for the committee, trade
promotion programs within the
International Trade Administration, and
subcommittee working meetings.
Background: The ETTAC is mandated
by Public Law 103–392. It was created
to advise the U.S. government on
environmental trade policies and
programs, and to help it to focus its
resources on increasing the exports of
the U.S. environmental industry.
ETTAC operates as an advisory
committee to the Secretary of Commerce
and the Trade Promotion Coordinating
Committee (TPCC). ETTAC was
originally chartered in May of 1994. It
was most recently re-chartered until
August 2016.
International Trade
Administration, DOC.
ACTION: Notice of federal advisory
committee meeting.
Dated: December 7, 2015.
Edward A. O’Malley,
Office Director, Office of Energy and
Environmental Industries.
This notice sets forth the
schedule and proposed agenda of a
meeting of the Environmental
Technologies Trade Advisory
Committee (ETTAC).
DATES: The meeting is scheduled for
Tuesday, January 12, 2016, at 8:30 a.m.
Eastern Standard Time (EST).
ADDRESSES: The meeting will be held in
Room 48019 at the U.S. Department of
Commerce, Herbert Clark Hoover
Building, 1401 Constitution Avenue
NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Kreps, Office of Energy &
Environmental Industries (OEEI),
International Trade Administration,
Room 4053, 1401 Constitution Avenue
NW., Washington, DC 20230 (Phone:
202–482–3835; Fax: 202–482–5665;
email: amy.kreps@trade.gov.) This
meeting is physically accessible to
people with disabilities. Requests for
sign language interpretation or other
BILLING CODE 3510–DR–P
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:36 Dec 11, 2015
Jkt 238001
[FR Doc. 2015–31428 Filed 12–11–15; 8:45 am]
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; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2015, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of the fifth
administrative review (‘‘AR’’) of the
antidumping duty order on citric acid
and certain citrate salts (‘‘citric acid’’)
from the People’s Republic of China
(‘‘PRC’’), in accordance with section
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
77323
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’).1 On October 27,
2015, the Department issued PostPreliminary Results 2 in this AR. The
period of review (‘‘POR’’) for the AR is
May 1, 2013, through April 30, 2014.
The review covers three companies,
RZBC Import & Export Co., Ltd. (‘‘RZBC
I&E’’),3 Laiwu Taihe Biochemistry Co.,
Ltd. (‘‘Taihe’’), and Yixing Union
Biochemical Ltd. (‘‘Yixing Union’’).
Based on our analysis of the comments
received, we made certain changes to
our Post-Preliminary Results. The final
dumping margins for this review are
listed in the ‘‘Final Results’’ section
below.
DATES: Effective date: December 14,
2015.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, Maisha Cryor, or
Aleksandras Nakutis, 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, (202) 482–
5831, or (202) 482–3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
For a full history of the events that
have taken place since the publication
of the Preliminary Results and the PostPreliminary Results, see the Issues and
Decision Memorandum.4 The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room B8024 of
the main Department of Commerce
building, as well as electronically via
Enforcement and Compliance’s
1 See Citric Acid and Certain Citrate Salts From
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; 2013–
2014, 80 FR 32353 (June 8, 2015) (‘‘Preliminary
Results’’).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Decision Memorandum for
the Post-Preliminary Results of Antidumping Duty
Administrative Review: Citric Acid and Certain
Citrate Salts from the People’s Republic of China;
2013–14,’’ dated October 27, 2015 (‘‘PostPreliminary Results’’).
3 The Department initiated the fifth
administrative review on RZBC Co., Ltd., RZBC I&E,
and RZBC (Juxian) Co., Ltd. (collectively ‘‘RZBC’’).
Only RZBC I&E exported subject merchandise to the
United States during the POR.
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary, Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Citric Acid and
Certain Citrate Salts from the People’s Republic of
China,’’ issued concurrently with this notice
(‘‘Issues and Decision Memorandum’’).
E:\FR\FM\14DEN1.SGM
14DEN1
77324
Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the CRU. In addition, parties
can directly access a complete version
of the Issues and Decision
Memorandum on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this
order is citric acid and certain citrate
salts from the PRC. The product is
currently classified under subheadings
2918.14.0000, 2918.15.1000,
2918.15.5000, and 3824.90.9290 of the
Harmonized Tariff System of the United
States (HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of merchandise
subject to the scope is dispositive. For
a full description of the scope of the
order, see Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in parties’ case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. In
an Appendix to this notice, we have
provided a list of the issues raised by
parties.
mstockstill on DSK4VPTVN1PROD with NOTICES
Changes Since the Post-Preliminary
Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results and Post-Preliminary Results,
we have made certain revisions to the
margin calculations for RZBC I&E and
Taihe. Further, the Final Surrogate
Value Memorandum contains
descriptions of our changes to the
surrogate values.5
• We deducted letter of credit costs
from brokerage and handling expense
for both respondents.
• We made adjustments to labor and
limestone consumption in Taihe’s coproduct calculations.
• We made adjustments to the export
subsidy calculation for RZBC I&E.
5 See Memorandum from Krisha Hill and Maisha
Cryor to Robert Bolling regarding, ‘‘Final Results of
the Fifth Administrative Review of Citric Acid and
Certain Citrate Salts from the People’s Republic of
China: Surrogate Value Memorandum,’’ issued
concurrently with this memorandum (‘‘Final
Surrogate Value Memorandum’’).
VerDate Sep<11>2014
17:36 Dec 11, 2015
Jkt 238001
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Yixing Union did not have any
reviewable transactions during the POR.
We have not received any information
to contradict this determination.
Therefore, the Department determines
that Yixing Union did not have any
reviewable entries of subject
merchandise during the POR, and will
issue appropriate instructions that are
consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.6
Final Results
We determine that the following
weighted-average dumping margins
exist for the POR:
Weightedaverage
dumping
margin
(percent)
Exporter
RZBC Import & Export Co.,
Ltd .....................................
Laiwu Taihe Biochemistry
Co., Ltd .............................
0.00
6.61
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), the
Department has determined, 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 dutyassessment 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
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 4, 2011) (‘‘Assessment
Practice Refinement’’).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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.7 We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate is above de minimis.
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Pursuant to a refinement in the
Department’s non-market economy
(‘‘NME’’) 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 PRC-wide
rate (i.e., 156.87 percent). In addition, if
the Department determines that an
exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the PRC-wide rate.8
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 Act: (1) For Yixing
Union, which claimed no shipments,
the cash deposit will remain unchanged
from the rate assigned to Yixing Union
in the most recently completed review
of the company; (2) for 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; (3) for previously
investigated or reviewed PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporter7 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).
8 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
E:\FR\FM\14DEN1.SGM
14DEN1
Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices
specific rate; (4) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be that for the
PRC-wide entity established in the final
determination of the less than fair value
investigation (i.e., 156.87 percent); and
(5) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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 these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: December 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
VerDate Sep<11>2014
17:36 Dec 11, 2015
Jkt 238001
List of Issues
Background
Scope of the Order
Discussion of the Issues
Issues
Comment 1: Whether the Department
Should Select Indonesia as the Primary
Surrogate Country
Comment 2: Whether the Department’s
Approach to the Surrogate Country
Selection Process Is Counter to its Policy,
Practice, and Statutory Obligations
Comment 3: Whether the Department
Should Rely on the Aditya Birla
Financial Statements to Calculate the
Financial Ratios
Comment 4: Whether the Surrogate
Financial Ratios Should be Based on PT
Budi’s Segment Financial Information
Comment 5: Whether the Department
Should Assign Surrogate Values to
Respondents’ Energy Factors of
Production Values
Comment 6: The Weight Denominator for
Brokerage & Handling and Inland Freight
Comment 7: Whether to Deduct Letter of
Credit Cost from the Brokerage and
Handling Surrogate Value Calculation
Comment 8: Whether the Department
Should Value Corn Using Indonesian
Import Prices or, Alternatively,
Recalculate the Thai Import Prices to
Exclude Aberrational Data
Comment 9: Distance to Calculate Inland
Freight
Comment 10: Whether the Department
Should Make Certain Revisions to its
Surrogate Value for Sludge
Comment 11: Whether to Value RZBC’s
High Protein Scrap as a Co-Product
Comment 12: Whether the Department
Used Incorrect Rates to Calculate RZBC
I&E’s Export Subsidy Adjustment
Comment 13: Whether the Department
Should Treat Taihe’s Corn Feed as a ByProduct
Comment 14: Whether the Department
Should Make Certain Revisions to
Taihe’s Co-Product Calculation
Comment 15: Whether the Application of
Differential Pricing Methodology to
Taihe’s Sales is Contrary to Law and
Otherwise Unsupported by Substantial
Evidence on the Record
Recommendation
[FR Doc. 2015–31427 Filed 12–11–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Final
Results, and Partial Rescission of
Countervailing Duty Administrative
Review; 2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) completed its
AGENCY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
77325
administrative review of the
countervailing duty order 1 (CVD) on
aluminum extrusions from the People’s
Republic of China (PRC) for the January
1, 2013, through December 31, 2013
period of review (POR). We determined
that the Guang Ya Group 2 and the
Jangho Companies 3 (mandatory
respondents) received countervailable
subsidies during the POR. The final net
subsidy rates are listed below in ‘‘Final
Results of Administrative Review.’’
DATES: Effective date: December 14,
2015.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, Tyler Weinhold or
Robert James, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0698, (202) 482–1121 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2015, the Department
published the Preliminary Results of
this administrative review.4 On October
7, 2015, the Department extended the
final results of this administrative
review until December 7, 2015. On
October 27, 2015, the Department issued
its post-preliminary results of review.5
The Department invited interested
parties to comment on both the
Preliminary Results and Post1 See Aluminum Extrusions from the People’s
Republic of China: Countervailing Duty Order, 76
FR 30653 (May 26, 2011) (Order).
2 For purposes of this administrative review, the
Guang Ya Group includes Guang Ya Aluminium
Industries Co. Ltd.; Foshan Guangcheng Aluminium
Co., Ltd.; and Yonghi Guanghai Aluminium
Industry Co., Ltd. Also, these companies submitted
responses on the record of this review clarifying the
usage of ‘‘Aluminium’’ in its name, rather than
‘‘Aluminum,’’ the form on which we both received
a request for review and/or on which we initiated
this review.
3 For purposes of this administrative review, the
Jangho companies includes Guangzhou Jangho
Curtain Wall System Engineering Co., Ltd.,
(Guangzhou Jangho); Jangho Group Co., Ltd. (Jangho
Group Co.); Beijing Jiangheyuan Holding Co., Ltd
(Beijing Jiangheyuan); Beijing Jangho Curtain Wall
System Engineering Co., Ltd. (Beijing Jangho); and
Shanghai Jangho Curtain Wall System Engineering
Co., Ltd., (Shanghai Jangho).
4 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Results, Preliminary
Intent To Rescind, in Part, and Partial Rescission
of Countervailing Duty Administrative Review;
2013, 80 FR 32528, dated June 9, 2015 (Preliminary
Results).
5 See Memorandum from Scot Fullerton through
Christian Marsh to Paul Piquado re: ‘‘PostPreliminary Analysis Memorandum in the 2013
Countervailing Duty Administrative Review;
Aluminum Extrusions from the People’s Republic
of China,’’ dated October 27, 2015 (Post-Preliminary
Analysis).
E:\FR\FM\14DEN1.SGM
14DEN1
Agencies
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77323-77325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31427]
-----------------------------------------------------------------------
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;
2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2015, the Department of Commerce (the
``Department'') published the preliminary results of the fifth
administrative review (``AR'') of the antidumping duty order on citric
acid and certain citrate salts (``citric acid'') from the People's
Republic of China (``PRC''), in accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (``the Act'').\1\ On October 27,
2015, the Department issued Post-Preliminary Results \2\ in this AR.
The period of review (``POR'') for the AR is May 1, 2013, through April
30, 2014. The review covers three companies, RZBC Import & Export Co.,
Ltd. (``RZBC I&E''),\3\ Laiwu Taihe Biochemistry Co., Ltd. (``Taihe''),
and Yixing Union Biochemical Ltd. (``Yixing Union''). Based on our
analysis of the comments received, we made certain changes to our Post-
Preliminary Results. 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; 2013-2014, 80 FR 32353 (June 8, 2015)
(``Preliminary Results'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Decision Memorandum for the Post-Preliminary Results of
Antidumping Duty Administrative Review: Citric Acid and Certain
Citrate Salts from the People's Republic of China; 2013-14,'' dated
October 27, 2015 (``Post-Preliminary Results'').
\3\ The Department initiated the fifth administrative review on
RZBC Co., Ltd., RZBC I&E, and RZBC (Juxian) Co., Ltd. (collectively
``RZBC''). Only RZBC I&E exported subject merchandise to the United
States during the POR.
---------------------------------------------------------------------------
DATES: Effective date: December 14, 2015.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, Maisha Cryor, or
Aleksandras Nakutis, 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, (202) 482-5831, or (202) 482-3147,
respectively.
SUPPLEMENTARY INFORMATION:
Background
For a full history of the events that have taken place since the
publication of the Preliminary Results and the Post-Preliminary
Results, see the Issues and Decision Memorandum.\4\ The Issues and
Decision Memorandum is a public document and is on file in the Central
Records Unit (``CRU''), Room B8024 of the main Department of Commerce
building, as well as electronically via Enforcement and Compliance's
[[Page 77324]]
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the CRU. In
addition, parties can directly access a complete version of the Issues
and Decision Memorandum on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review: Citric Acid and Certain
Citrate Salts from the People's Republic of China,'' issued
concurrently with this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is citric acid and certain
citrate salts from the PRC. The product is currently classified under
subheadings 2918.14.0000, 2918.15.1000, 2918.15.5000, and 3824.90.9290
of the Harmonized Tariff System of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of merchandise subject to the scope
is dispositive. For a full description of the scope of the order, see
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. In an Appendix to this
notice, we have provided a list of the issues raised by parties.
Changes Since the Post-Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results and Post-
Preliminary Results, we have made certain revisions to the margin
calculations for RZBC I&E and Taihe. Further, the Final Surrogate Value
Memorandum contains descriptions of our changes to the surrogate
values.\5\
---------------------------------------------------------------------------
\5\ See Memorandum from Krisha Hill and Maisha Cryor to Robert
Bolling regarding, ``Final Results of the Fifth Administrative
Review of Citric Acid and Certain Citrate Salts from the People's
Republic of China: Surrogate Value Memorandum,'' issued concurrently
with this memorandum (``Final Surrogate Value Memorandum'').
---------------------------------------------------------------------------
We deducted letter of credit costs from brokerage and
handling expense for both respondents.
We made adjustments to labor and limestone consumption in
Taihe's co-product calculations.
We made adjustments to the export subsidy calculation for
RZBC I&E.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Yixing Union did not have any reviewable transactions during the
POR. We have not received any information to contradict this
determination. Therefore, the Department determines that Yixing Union
did not have any reviewable entries of subject merchandise during the
POR, and will issue appropriate instructions that are consistent with
our ``automatic assessment'' clarification, for these final results.\6\
---------------------------------------------------------------------------
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (``Assessment
Practice Refinement'').
---------------------------------------------------------------------------
Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
RZBC Import & Export Co., Ltd........................... 0.00
Laiwu Taihe Biochemistry Co., Ltd....................... 6.61
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
the Department has determined, 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.\7\ 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.
---------------------------------------------------------------------------
\7\ 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).
---------------------------------------------------------------------------
Pursuant to a refinement in the Department's non-market economy
(``NME'') 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 PRC-wide rate (i.e., 156.87 percent). In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------
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 Act: (1) For Yixing Union,
which claimed no shipments, the cash deposit will remain unchanged from
the rate assigned to Yixing Union in the most recently completed review
of the company; (2) for 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; (3) for previously
investigated or reviewed PRC and non-PRC exporters that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-
[[Page 77325]]
specific rate; (4) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity established in the final
determination of the less than fair value investigation (i.e., 156.87
percent); and (5) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporter that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: December 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
List of Issues
Background
Scope of the Order
Discussion of the Issues
Issues
Comment 1: Whether the Department Should Select Indonesia as the
Primary Surrogate Country
Comment 2: Whether the Department's Approach to the Surrogate
Country Selection Process Is Counter to its Policy, Practice, and
Statutory Obligations
Comment 3: Whether the Department Should Rely on the Aditya
Birla Financial Statements to Calculate the Financial Ratios
Comment 4: Whether the Surrogate Financial Ratios Should be
Based on PT Budi's Segment Financial Information
Comment 5: Whether the Department Should Assign Surrogate Values
to Respondents' Energy Factors of Production Values
Comment 6: The Weight Denominator for Brokerage & Handling and
Inland Freight
Comment 7: Whether to Deduct Letter of Credit Cost from the
Brokerage and Handling Surrogate Value Calculation
Comment 8: Whether the Department Should Value Corn Using
Indonesian Import Prices or, Alternatively, Recalculate the Thai
Import Prices to Exclude Aberrational Data
Comment 9: Distance to Calculate Inland Freight
Comment 10: Whether the Department Should Make Certain Revisions
to its Surrogate Value for Sludge
Comment 11: Whether to Value RZBC's High Protein Scrap as a Co-
Product
Comment 12: Whether the Department Used Incorrect Rates to
Calculate RZBC I&E's Export Subsidy Adjustment
Comment 13: Whether the Department Should Treat Taihe's Corn
Feed as a By-Product
Comment 14: Whether the Department Should Make Certain Revisions
to Taihe's Co-Product Calculation
Comment 15: Whether the Application of Differential Pricing
Methodology to Taihe's Sales is Contrary to Law and Otherwise
Unsupported by Substantial Evidence on the Record
Recommendation
[FR Doc. 2015-31427 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-DS-P