Citric Acid and Certain Citrate Salts From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination Postponement of Final Determination, and Extension of Provisional Measures, 791-793 [2018-00131]

Download as PDF Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices separate from China-wide entity), the cash deposit rate will be China-wide rate of 141.49 percent; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to Chinese exporter(s) that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 period. Failure to comply with this requirement may result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice is issued in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: December 27, 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. [FR Doc. 2018–00113 Filed 1–5–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on June 30, 2017.1 On November 1, 2017, Commerce postponed the preliminary determination of this investigation until December 29, 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 included in the Preliminary Decision Memorandum is included as Appendix II 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 https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. [A–301–803] Scope of the Investigation Citric Acid and Certain Citrate Salts From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination Postponement of Final Determination, and Extension of Provisional Measures The products covered by this investigation are citric acid and certain citrate salts (citric acid) from Colombia. For a complete description of the scope of this investigation, see Appendix I. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that citric acid and certain citrate salts (citric acid) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable: January 8, 2018. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 1 See Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 82 FR 29828 (June 30, 2017) (Initiation Notice) and accompanying Initiation Checklist. 2 See Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand: Postponement of Preliminary Determinations of Less-Than-FairValue Investigations, 82 FR 50622 (November 1, 2017) (Preliminary Postponement Notice). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Antidumping Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Postponement of Final Determination and Extension of Provisional Measures in the Less-Than-Fair-Value Investigation of Citric Acid and Certain Citrate Salts from Colombia’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 791 Scope Comments In accordance with the preamble to Commerce’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 the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce did not preliminarily modify the scope language as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Export prices are calculated in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminary determines that critical circumstances do not exist for the mandatory respondent, Sucroal S.A. (Sucroal), or for exporters and producers not individually examined (i.e., ‘‘allothers’’). For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 82 FR at 29836. 6 See Memorandum from Erin Begnal, Director, Office III, to 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, titled ‘‘Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated December 1, 2017 (Preliminary Scope Comments Decision Memorandum). E:\FR\FM\08JAN1.SGM 08JAN1 792 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Sucroal, the only individually examined exporter/ producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely under section 776 of the Act, the estimated weightedaverage dumping margin calculated for Sucroal is the margin assigned to allother producers and exporters, pursuant to section 735(c)(5)(A) of the Act. interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce 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 Preliminary Determination after the date on which the last Commerce preliminarily determines verification report is issued in this that the following estimated weightedinvestigation. Rebuttal briefs, limited to average dumping margins exist: issues raised in case briefs, may be submitted no later than five days after Estimated the deadline date for case briefs.7 weightedPursuant to 19 CFR 351.309(c)(2) and average Exporter/producer (d)(2), parties who submit case briefs or dumping margin rebuttal briefs in this investigation are (percent) encouraged to submit with each argument: (1) A statement of the issue; Sucroal S.A ........................... 27.48 All-Others .............................. 27.48 (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), Suspension of Liquidation interested parties who wish to request a In accordance with section 733(d)(2) hearing, limited to issues raised in the of the Act, Commerce will direct U.S. case and rebuttal briefs, must submit a Customs and Border Protection (CBP) to written request to the Assistant suspend liquidation of entries of subject Secretary for Enforcement and merchandise, as described in the scope Compliance, U.S. Department of of the investigation section, see Commerce, within 30 days after the date Appendix I, entered, or withdrawn from of publication of this notice. Requests warehouse, for consumption on or after should contain the party’s name, the date of publication of this notice in address, and telephone number, the the Federal Register. Further, pursuant number of participants, whether any to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a CFR 351.205(d), Commerce will instruct list of the issues to be discussed. If a CBP to require a cash deposit equal to request for a hearing is made, Commerce the estimated weighted-average intends to hold the hearing at the U.S. dumping margin or the estimated allDepartment of Commerce, 1401 others rate, as follows: (1) The cash Constitution Avenue NW, Washington, deposit rate for the respondent listed DC 20230, at a time and date to be above will be equal to the companydetermined. Parties should confirm by specific estimated weighted-average telephone the date, time, and location of dumping margin determined in this the hearing two days before the preliminary determination; (2) if the scheduled date. exporter is not the respondent identified above, but the producer is, then the cash Postponement of Final Determination and Extension of Provisional Measures deposit rate will be equal to the company-specific estimated weightedSection 735(a)(2) of the Act provides average dumping margin established for that a final determination may be that producer of the subject postponed until not later than 135 days merchandise; and (3) the cash deposit after the date of the publication of the rate for all other producers and preliminary determination if, in the exporters will be equal to the all-others event of an affirmative preliminary estimated weighted-average dumping determination, a request for such margin. postponement is made by exporters who account for a significant proportion of Disclosure Commerce intends to disclose its calculations and analysis performed to VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On November 29, 2017, the petitioners, Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas LLC, requested that, if the preliminary determination in this investigation was negative, Commerce postpone the final determination pursuant to 19 CFR 351.210(b)(2)(i).8 On December 12, 2017, Sucroal requested that, if the preliminary determination in this investigation was affirmative, Commerce postpone the final determination pursuant to 19 CFR 351.210(b)(2)(ii) and that provisional measures be extended not to exceed six months pursuant to 19 CFR 351.210(e).9 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a six-month period. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. 8 See Petitioners’ Letter, ‘‘Antidumping Duty Investigation of Citric Acid and Certain Citrate Salts from Colombia: Petitioners’ Request for Postponement of Final Determination,’’ dated November 29, 2017. 9 See Sucroal’s Letter, ‘‘Antidumping Duty Investigation of Citric Acid and Certain Citrate Salts from Colombia: Respondent’s Request for Postponement of Final Determination,’’ dated December 12, 2017. E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 29, 2017. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I sradovich on DSK3GMQ082PROD with NOTICES 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 V. Scope Comments VI. Scope of the Investigation VII. Preliminary Negative Determination of Critical Circumstances VIII. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis IX. Date of Sale X. Product Comparisons XI. Export Price and Constructed Export Price XII. Normal Value A. Comparison Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices XIII. Currency Conversion XIV. Verification XV. Recommendation [FR Doc. 2018–00131 Filed 1–5–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF931 Fishing Capacity Reduction Program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non Pollock Groundfish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of fee rate adjustment. AGENCY: NMFS issues this notice to increase the fee rate for the non-pollock groundfish fishery to repay the $35,000,000 reduction loan to finance the non-pollock groundfish fishing capacity reduction program. DATES: The non-pollock groundfish program fee rate increase will begin on January 1, 2018. The first due date for fee payments with the increased rate will be February 15, 2018. ADDRESSES: Send questions about this notice to Paul Marx, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– 3282. FOR FURTHER INFORMATION CONTACT: Paul Marx, (301) 427–8799. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Sections 312(b)–(e) of the MagnusonStevens Fishery Conservation and PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 793 Management Act (16 U.S.C. 1861a (b) through e) generally authorizes fishing capacity reduction programs. In particular, section 312(d) authorizes industry fee systems for repaying reduction loans, which finance reduction program costs. Subpart L of 50 CFR part 600 is the framework rule generally implementing section 312(b)– (e). Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279f and 1279g) generally authorize reduction loans. Enacted on December 8, 2004, section 219, Title II, of FY 2005 Appropriations Act, Public Law 104–447 (Act) authorizes a fishing capacity reduction program implementing capacity reduction plans submitted to NMFS by catcher processor subsectors of the Bering Sea and Aleutian Islands (‘‘BSAI’’) non-pollock groundfish fishery (‘‘reduction fishery’’) as set forth in the Act. The longline catcher processor subsector (the ‘‘Longline Subsector’’) is among the catcher processor subsectors eligible to submit to NMFS a capacity reduction plan under the terms of the Act. The longline subsector non-pollock groundfish reduction program’s objective was to reduce the number of vessels and permits endorsed for longline subsector of the non-pollock groundfish fishery. All post-reduction fish landings from the reduction fishery are subject to the longline subsector non-pollock groundfish program’s fee. NMFS proposed the implementing notice on August 11, 2006 (71 FR 46364), and published the final notice on September 29, 2006 (71 FR 57696). NMFS allocated the $35,000,000 reduction loan (A Loan) to the reduction fishery and this loan is repayable by fees from the fishery. On September 24, 2007, NMFS published in the Federal Register (72 FR 54219), the final rule to implement the industry fee system for repaying the non-pollock groundfish program’s reduction loan and established October 24, 2007, as the effective date when fee collection and loan repayment began. The regulations implementing the program are located at § 600.1012 of 50 CFR part 600, subpart M. NMFS published, in the Federal Register on November 2, 2009 (74 FR 56592), a notice to decrease the A Loan fee rate to $0.016 per pound effective January 1, 2010. On November 12, 2010, NMFS published a notice (75 FR 69401), to decrease the fee rate to $0.015 per pound, effective January 1, 2011. NMFS published a notice on November 30, 2011 (76 FR 74048) to decrease the fee E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 791-793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00131]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-803]


Citric Acid and Certain Citrate Salts From Colombia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, Preliminary 
Negative Critical Circumstances Determination Postponement of Final 
Determination, and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that citric acid and certain citrate salts (citric acid) from Colombia 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation (POI) is April 1, 2016, 
through March 31, 2017.

DATES: Applicable: January 8, 2018.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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) 482-3692.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on June 30, 
2017.\1\ On November 1, 2017, Commerce postponed the preliminary 
determination of this investigation until December 29, 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 included in the Preliminary Decision Memorandum is included as 
Appendix II 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 https://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 Belgium, 
Colombia, and Thailand: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 29828 (June 30, 2017) (Initiation Notice) and 
accompanying Initiation Checklist.
    \2\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia, and Thailand: Postponement of Preliminary Determinations 
of Less-Than-Fair-Value Investigations, 82 FR 50622 (November 1, 
2017) (Preliminary Postponement Notice).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Antidumping Duty Determination, Preliminary Affirmative 
Critical Circumstances Determination, and Postponement of Final 
Determination and Extension of Provisional Measures in the Less-
Than-Fair-Value Investigation of Citric Acid and Certain Citrate 
Salts from Colombia'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are citric acid and 
certain citrate salts (citric acid) from Colombia. For a complete 
description of the scope of this investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce'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 the investigation as it appeared in the 
Initiation Notice. For a summary of the product coverage comments and 
rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ 
Commerce did not preliminarily modify the scope language 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.
    \6\ See Memorandum from Erin Begnal, Director, Office III, to 
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, titled ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated December 1, 2017 (Preliminary 
Scope Comments Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Export prices are calculated in accordance with 
section 772(a) of the Act. Normal value (NV) is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminary determines that critical circumstances do not 
exist for the mandatory respondent, Sucroal S.A. (Sucroal), or for 
exporters and producers not individually examined (i.e., ``all-
others''). For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers

[[Page 792]]

individually investigated, excluding any zero and de minimis margins, 
and any margins determined entirely under section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Sucroal, the only individually examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely 
under section 776 of the Act, the estimated weighted-average dumping 
margin calculated for Sucroal is the margin assigned to all-other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Sucroal S.A.............................................           27.48
All-Others..............................................           27.48
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in the scope of the 
investigation section, see Appendix I, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct 
CBP to require a cash deposit equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondent listed above will be equal to the 
company-specific estimated weighted-average dumping margin determined 
in this preliminary determination; (2) if the exporter is not the 
respondent identified above, but the producer is, then the cash deposit 
rate will be equal to the company-specific estimated weighted-average 
dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce 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.\7\ 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.
---------------------------------------------------------------------------

    \7\ 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, 
Commerce 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On November 29, 2017, the petitioners, Archer Daniels Midland 
Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas 
LLC, requested that, if the preliminary determination in this 
investigation was negative, Commerce postpone the final determination 
pursuant to 19 CFR 351.210(b)(2)(i).\8\ On December 12, 2017, Sucroal 
requested that, if the preliminary determination in this investigation 
was affirmative, Commerce postpone the final determination pursuant to 
19 CFR 351.210(b)(2)(ii) and that provisional measures be extended not 
to exceed six months pursuant to 19 CFR 351.210(e).\9\
---------------------------------------------------------------------------

    \8\ See Petitioners' Letter, ``Antidumping Duty Investigation of 
Citric Acid and Certain Citrate Salts from Colombia: Petitioners' 
Request for Postponement of Final Determination,'' dated November 
29, 2017.
    \9\ See Sucroal's Letter, ``Antidumping Duty Investigation of 
Citric Acid and Certain Citrate Salts from Colombia: Respondent's 
Request for Postponement of Final Determination,'' dated December 
12, 2017.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a six-month period. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

[[Page 793]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: December 29, 2017.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Preliminary Negative Determination of Critical Circumstances
VIII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
    A. Comparison Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Recommendation

[FR Doc. 2018-00131 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.