Citric Acid and Certain Citrate Salts From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 51216-51217 [2017-23973]
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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices
inches to 1.375 inches. The size of the wire
used in the production of carton-closing
staples varies from 0.029 to 0.064 inch
(nominal thickness) by 0.064 to 0.100 inch
(nominal width).
Carton-closing staples subject to this
investigation are currently classifiable under
subheadings 8305.20.00.00 and
7317.00.65.60 of the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’).
While the HTSUS subheadings and ASTM
specification are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Selection of Respondents
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Values
Comments
C. Separate Rates
D. Combination Rates
E. Affiliation and Single Entity
F. The PRC-Wide Entity
G. Application of Facts Available and
Adverse Inferences
H. Date of Sale
I. Fair Value Comparisons
J. Export Price
K. Value-Added Tax (VAT)
L. Normal Value
M. Factor Valuation Methodology
VIII. Currency Conversion
IX. Verification
X. Conclusion
[FR Doc. 2017–23974 Filed 11–2–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–549–834]
Citric Acid and Certain Citrate Salts
From Thailand: Preliminary Negative
Countervailing Duty Determination,
Preliminary Negative Critical
Circumstances Determination and
Alignment of Final 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 not being provided to
producers and exporters of citric acid
and certain citrate salts from Thailand.
The period of investigation is January 1,
2016, through December 31, 2016.
ethrower on DSK3G9T082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:18 Nov 02, 2017
Jkt 244001
Applicable November 3, 2017.
John
Conniff or Jolanta Lawska, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
202–482–1009 or 202–482–8362,
respectively.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on June 30, 2017.1 On August 15, 2017,
the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now October 30, 2017.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and 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 https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at http://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The merchandise covered by this
investigation includes all grades and
granulation sizes of citric acid, sodium
1 See Citric Acid and Certain Citrate Salts from
Thailand: Initiation of Countervailing Duty
Investigation, 82 FR 29836 (June 30, 2017)
(Initiation Notice) and accompanying Initiation
Checklist.
2 See Notice of Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 82 FR 38670 (August 15, 2017)
(Preliminary Postponement Notice).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Negative Countervailing Duty
Determination, Preliminary Negative Critical
Circumstances Determination and Alignment of
Final Determination with Final Antidumping Duty
Determination of Citric Acid and Certain Citrate
Salts from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
citrate, and potassium citrate in their
unblended forms, whether dry or in
solution, and regardless of packaging
type. The scope also includes blends of
citric acid, sodium citrate, and
potassium citrate; as well as blends with
other ingredients, such as sugar, where
the unblended form(s) of citric acid,
sodium citrate, and potassium citrate
constitute 40 percent or more, by
weight, of the blend.
The scope also includes all forms of
crude calcium citrate, including
dicalcium citrate monohydrate, and
tricalcium citrate tetrahydrate, which
are intermediate products in the
production of citric acid, sodium citrate,
and potassium citrate.
The scope includes the hydrous and
anhydrous forms of citric acid, the
dihydrate and anhydrous forms of
sodium citrate, otherwise known as
citric acid sodium salt, and the
monohydrate and monopotassium forms
of potassium citrate. 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.
The scope does not include calcium
citrate that satisfies the standards set
forth in the United States Pharmacopeia
and has been mixed with a functional
excipient, such as dextrose or starch,
where the excipient constitutes at least
2 percent, by weight, of the product.
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, if included in
a mixture or blend, 3824.99.9295 of the
HTSUS. Blends that include citric acid,
sodium citrate, and potassium citrate
are classifiable under 3824.99.9295 of
the HTSUS. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of this
investigation as it appeared in the
Initiation Notice.
The Department intends to issue its
preliminary decision regarding
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
5 See Initiation Notice, 82 FR at 29836.
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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices
comments concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigations.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Preliminary Negative Determination of
Critical Circumstances
The Department preliminary
determines that critical circumstances
do not exist. For a full description of the
methodology and results of the
Department’s analysis, see the
Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), the Department is
aligning the final CVD determination in
this investigation with the final
determination in the companion AD
investigation of citric acid and certain
citrate salts based on a request made by
the petitioners.7 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 14, 2018, unless postponed.
Preliminary Determination
ethrower on DSK3G9T082PROD with NOTICES
For this preliminary determination,
the Department calculated de minimis
estimated countervailable subsidies for
all individually examined producers/
exporters of the subject merchandise.
Consistent with section 703(b)(4)(A) of
the Act, the Department has disregarded
the de minimis rates. The Department
preliminarily determines that the
following estimated countervailable
subsidy rates exist:
6 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.
7 The petitioners in this investigation are Archer
Daniels Midland Company, Cargill, Incorporated,
and Tate & Lyle Ingredients Americas LLC
(collectively, the petitioners). See Letter from the
petitioners, ‘‘Countervailing Duty Investigation of
Citric Acid and Certain Citrate Salts from Thailand:
Request for Alignment,’’ dated October 11, 2017.
VerDate Sep<11>2014
17:09 Nov 02, 2017
Jkt 244001
51217
case and rebuttal briefs, must submit a
written request to the Assistant
Company
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
COFCO Biochemical (Thailand) Co., Ltd. (COFCO) ...
0.18 of publication of this notice. Requests
Niran (Thailand) Co., Ltd.
should contain the party’s name,
(Niran) ...............................
0.11 address, and telephone number, the
Sunshine Biotech Internumber of participants, whether any
national Co., Ltd. (Sunshine) ................................
0.21 participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Consistent with section 703(d) of the
Department intends to hold the hearing
Act, the Department has not calculated
at the U.S. Department of Commerce,
an estimated weighted-average subsidy
rate for all other producers/exporters
1401 Constitution Avenue NW.,
because it has not made an affirmative
Washington, DC 20230, at a time and
preliminary determination.
date to be determined. Parties should
confirm by telephone the date, time, and
Suspension of Liquidation
location of the hearing two days before
Because the Department preliminarily the scheduled date.
determines that no countervailable
International Trade Commission
subsidies are being provided to the
production or exportation of subject
Notification
merchandise, the Department will not
In accordance with section 703(f) of
direct U.S. Customs and Border
Protection to suspend liquidation of any the Act, we will notify the International
Trade Commission (ITC) of our
such entries.
determination. If the final determination
Disclosure
is affirmative, the ITC will make its final
The Department intends to disclose
determination within 75 days after the
its calculations and analysis performed
Department’s final determination.
to interested parties in this preliminary
Notification to Interested Parties
determination within five days of its
public announcement, or if there is no
This determination is issued and
public announcement, within five days
published pursuant to sections 703(f)
of the date of this notice in accordance
and 777(i) of the Act and 19 CFR
with 19 CFR 351.224(b).
351.205(c).
Verification
2016
Ad Valorem
rate
(% de minimis)
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.8
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
Dated: October 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Negative Determination of
Critical Circumstances
VI. New Subsidy Allegation
VII. Alignment
VIII. Injury Test
IX. Subsidies Valuation
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Recommendation
[FR Doc. 2017–23973 Filed 11–2–17; 8:45 am]
8 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00008
Fmt 4703
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BILLING CODE 3510–DS–P
E:\FR\FM\03NON1.SGM
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Agencies
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51216-51217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23973]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-834]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary
Negative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are not being provided to
producers and exporters of citric acid and certain citrate salts from
Thailand. The period of investigation is January 1, 2016, through
December 31, 2016.
DATES: Applicable November 3, 2017.
FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone 202-482-1009 or 202-482-8362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on June 30,
2017.\1\ On August 15, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
October 30, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as an Appendix to this notice. The
Preliminary Decision Memorandum is a public document and 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 https://access.trade.gov,
and is available to all parties in the Central Records Unit, room B8024
of the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts from Thailand:
Initiation of Countervailing Duty Investigation, 82 FR 29836 (June
30, 2017) (Initiation Notice) and accompanying Initiation Checklist.
\2\ See Notice of Postponement of Preliminary Determination in
the Countervailing Duty Investigation, 82 FR 38670 (August 15, 2017)
(Preliminary Postponement Notice).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Negative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination and Alignment of Final
Determination with Final Antidumping Duty Determination of Citric
Acid and Certain Citrate Salts from Thailand,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation includes all grades
and granulation sizes of citric acid, sodium citrate, and potassium
citrate in their unblended forms, whether dry or in solution, and
regardless of packaging type. The scope also includes blends of citric
acid, sodium citrate, and potassium citrate; as well as blends with
other ingredients, such as sugar, where the unblended form(s) of citric
acid, sodium citrate, and potassium citrate constitute 40 percent or
more, by weight, of the blend.
The scope also includes all forms of crude calcium citrate,
including dicalcium citrate monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate products in the production of
citric acid, sodium citrate, and potassium citrate.
The scope includes the hydrous and anhydrous forms of citric acid,
the dihydrate and anhydrous forms of sodium citrate, otherwise known as
citric acid sodium salt, and the monohydrate and monopotassium forms of
potassium citrate. 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.
The scope does not include calcium citrate that satisfies the
standards set forth in the United States Pharmacopeia and has been
mixed with a functional excipient, such as dextrose or starch, where
the excipient constitutes at least 2 percent, by weight, of the
product.
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, if included in a mixture or blend,
3824.99.9295 of the HTSUS. Blends that include citric acid, sodium
citrate, and potassium citrate are classifiable under 3824.99.9295 of
the HTSUS. Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period for parties to raise issues
regarding product coverage (i.e., scope).\5\ Certain interested parties
commented on the scope of this investigation as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 82 FR at 29836.
---------------------------------------------------------------------------
The Department intends to issue its preliminary decision regarding
[[Page 51217]]
comments concerning the scope of the antidumping duty (AD) and
countervailing duty (CVD) investigations in the preliminary
determination of the companion AD investigations.
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
Preliminary Negative Determination of Critical Circumstances
The Department preliminary determines that critical circumstances
do not exist. For a full description of the methodology and results of
the Department's analysis, see the Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department
is aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of citric acid
and certain citrate salts based on a request made by the
petitioners.\7\ 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 14, 2018, unless
postponed.
---------------------------------------------------------------------------
\7\ The petitioners in this investigation are Archer Daniels
Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients
Americas LLC (collectively, the petitioners). See Letter from the
petitioners, ``Countervailing Duty Investigation of Citric Acid and
Certain Citrate Salts from Thailand: Request for Alignment,'' dated
October 11, 2017.
---------------------------------------------------------------------------
Preliminary Determination
For this preliminary determination, the Department calculated de
minimis estimated countervailable subsidies for all individually
examined producers/exporters of the subject merchandise. Consistent
with section 703(b)(4)(A) of the Act, the Department has disregarded
the de minimis rates. The Department preliminarily determines that the
following estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
2016 Ad
Company Valorem rate
(% de minimis)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO).......... 0.18
Niran (Thailand) Co., Ltd. (Niran)...................... 0.11
Sunshine Biotech International Co., Ltd. (Sunshine)..... 0.21
------------------------------------------------------------------------
Consistent with section 703(d) of the Act, the Department has not
calculated an estimated weighted-average subsidy rate for all other
producers/exporters because it has not made an affirmative preliminary
determination.
Suspension of Liquidation
Because the Department preliminarily determines that no
countervailable subsidies are being provided to the production or
exportation of subject merchandise, the Department will not direct U.S.
Customs and Border Protection to suspend liquidation of any such
entries.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. If the final
determination is affirmative, the ITC will make its final determination
within 75 days after the Department's final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: October 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Negative Determination of Critical Circumstances
VI. New Subsidy Allegation
VII. Alignment
VIII. Injury Test
IX. Subsidies Valuation
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Recommendation
[FR Doc. 2017-23973 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-DS-P