Citric Acid and Certain Citrate Salts From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, in Part, and Postponement of Final Determination and Extension of Provisional Measures, 784-787 [2018-00132]

Download as PDF 784 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices DEPARTMENT OF COMMERCE Economic Development Administration Notice of National Advisory Council on Innovation and Entrepreneurship Meeting Economic Development Administration, Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a public meeting on Thursday, February 1, 2018, from 1:00 p.m.–4:00 p.m. Eastern Time (ET) and Friday, February 2, 2018, from 9:00 a.m.–12:00 p.m. ET. During this time, members will hear from Federal innovation and entrepreneurship policymakers and program executives and discuss potential policies that would foster innovation, increase the rate of technology commercialization, and catalyze the creation of jobs in the United States. Topics to be covered include increasing early-stage highgrowth company exports, increased economic dynamism through innovation and entrepreneurship, apprenticeships in entrepreneurship and high-growth technology sectors, and alignment of federal innovation and entrepreneurship policies and programs. DATES: Thursday, February 1, 2018 Time: 1:00 p.m.–4:00 p.m. ET Friday, February 2, 2018 Time: 9:00 a.m.–12:00 p.m. ET ADDRESSES: Herbert Clark Hoover Building (HCHB), 1401 Constitution Ave. NW, Washington, DC 20230, Room 72015. The entrance to HCHB is located on the west side of 14th St. NW between D St. NW and Constitution Ave. NW, and a valid government-issued ID is required to enter the building. Please note that pre-clearance is required in order to both attend the meeting in person and make a statement during the public comment portion of the meeting. Please limit comments to five minutes or less and submit a brief statement summarizing your comments to Craig Buerstatte (see contact information below) no later than 11:59 p.m. ET on Friday, January 26, 2018. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: Teleconference Teleconference and/or web conference connection information will be published prior to the meeting along with the agenda on the NACIE website at https://www.eda.gov/oie/nacie/. SUPPLEMENTARY INFORMATION: NACIE, established by Section 25(c) of the VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3720(c)), and managed by EDA’s Office of Innovation and Entrepreneurship (OIE), is a Federal Advisory Committee Act (FACA) committee that provides advice directly to the Secretary of Commerce. NACIE’s advice focuses on transformational policies and programs that aim to accelerate innovation and increase the rate at which research is translated into companies and jobs, including through entrepreneurship and the development of an increasingly skilled, globally competitive workforce. Comprised of successful entrepreneurs, innovators, angel investors, venture capitalists, and leaders from the nonprofit and academic sectors, NACIE has presented to the Secretary recommendations from throughout the research-to-jobs continuum regarding topics including improving access to capital, growing and connecting entrepreneurial ecosystems, increasing small businessdriven research and development, and understanding the workforce of the future. In its advisory capacity, NACIE also serves as a vehicle for ongoing dialogue with the innovation, entrepreneurship, and workforce development communities. The final agenda for the meeting will be posted on the NACIE website at http://www.eda.gov/oie/nacie/ prior to the meeting. Any member of the public may submit pertinent questions and comments concerning the NACIE’s affairs at any time before or after the meeting. Comments may be submitted to Craig Buerstatte (see contact information below). Those unable to attend the meetings in person but wishing to listen to the proceedings can do so via teleconference (see above). Copies of the meeting minutes will be available by request within 90 days of the meeting date. FOR FURTHER INFORMATION CONTACT: Craig Buerstatte, Office of Innovation and Entrepreneurship, Room 78018, 1401 Constitution Avenue NW, Washington, DC 20230; email: nacie@ doc.gov; telephone: +1 202 482 8001; fax: +1 202 273 4781. Please reference ‘‘NACIE February 2018 Meeting’’ in the subject line of your correspondence. Dated: December 28, 2017. Craig Buerstatte, Acting Director, Office of Innovation and Entrepreneurship. [FR Doc. 2018–00139 Filed 1–5–18; 8:45 am] BILLING CODE 3510–WH–P PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–549–833] Citric Acid and Certain Citrate Salts From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, in Part, and Postponement of Final Determination and Extension of Provisional Measures 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 Thailand 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: Joy Zhang (COFCO), George McMahon (Niran), or Cindy Robinson (Sunshine), 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) 482–1168, (202) 482–1167, or (202) 482–3797, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 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 and the revised deadline is now 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 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 Investigation, 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, in Part, and Postponement of Final Determination and Extension of Provisional Measures in the Less- E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 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 http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is citric acid from Thailand. For a complete discussion 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 this 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 is not preliminarily modifying the scope language as it appeared in the Initiation Notice. Methodology sradovich on DSK3GMQ082PROD with NOTICES Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has also calculated export and constructed export prices in accordance with section 772 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 Than-Fair-Value Investigation of Citric Acid and Certain Citrate Salts from Thailand’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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 titled ‘‘Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated December 1, 2017 (Preliminary Scope Decision Memorandum). VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 preliminary determination, see the Preliminary Decision Memorandum. 785 Suspension of Liquidation In accordance with section 733(d)(2) Preliminary Affirmative Determination of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to of Critical Circumstances, in Part suspend liquidation of entries of subject In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce merchandise, as described in Appendix I, entered, or withdrawn from preliminarily finds that critical warehouse, for consumption on or after circumstances exist for one of the the date of publication of this notice in mandatory respondents, Niran, but do the Federal Register. Further, pursuant not exist for COFCO, Sunshine and allto section 733(d)(1)(B) of the Act and 19 other producers and/or exporters. For a full description of the methodology and CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to results of Commerce’s critical the estimated weighted-average circumstances analysis, see the dumping margin or the estimated allPreliminary Decision Memorandum. others rate, as follows: (1) The cash All-Others Rate deposit rate for the respondents listed Sections 733(d)(1)(ii) and 735(c)(5)(A) above will be equal to the companyspecific estimated weighted-average of the Act provide that in the dumping margins determined in this preliminary determination Commerce preliminary determination; (2) if the shall determine an estimated all-others exporter is not a respondent identified rate for all exporters and producers not above, but the producer is, then the cash individually examined. This rate shall deposit rate will be equal to the be an amount equal to the weighted company-specific estimated weightedaverage of the estimated weightedaverage dumping margin established for average dumping margins established that producer of the subject for exporters and producers individually investigated, excluding any merchandise; and (3) the cash deposit rate for all other producers and zero and de minimis margins, and any exporters will be equal to the all-others margins determined entirely under estimated weighted-average dumping section 776 of the Act. In this investigation, Commerce margin. Section 733(e)(2) of the Act provides calculated the all-others rate based on a weighted average of the estimated that, given an affirmative determination weighted-average dumping margins of critical circumstances, any calculated for the three mandatory suspension of liquidation shall apply to respondents: COFCO, Niran, and unliquidated entries of subject Sunshine, none of which are zero, de merchandise entered, or withdrawn minimis, or based entirely on facts from warehouse, for consumption on or otherwise available. Commerce after the later of (a) the date which is 90 calculated the all-others’ rate using a days before the date on which the weighted-average of the estimated suspension of liquidation was first weighted-average dumping margins ordered, or (b) the date on which notice calculated for the examined respondents of initiation of the investigation was using each company’s business published. Commerce preliminarily proprietary data for the merchandise finds that critical circumstances exist under consideration.7 for imports of subject merchandise produced or exported by Niran. In Preliminary Determination accordance with section 733(e)(2)(A) of Commerce preliminarily determines the Act, the suspension of liquidation that the following estimated weightedshall apply to unliquidated entries of average dumping margins exist: shipments of subject merchandise from Niran that were entered, or withdrawn Estimated from warehouse, for consumption on or weightedafter the date which is 90 days before average Exporter/producer the publication of this notice. dumping margin Commerce normally adjusts cash (percent) deposits for estimated antidumping duties by the amount of export subsidies COFCO Biochemical (Thailand) Co., Ltd. (COFCO) .................. 15.73 countervailed in a companion Niran (Thailand) Co., Ltd. (Niran) 12.95 countervailing duty (CVD) proceeding, when CVD provisional measures are in Sunshine Biotech International Co., Ltd. (Sunshine) ................ 4.77 effect. Accordingly, where Commerce All-Others .................................... 10.55 preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the 7 For a complete analysis of the data, please see the All-Others Rate Calculation Memorandum dated estimated weighted-average dumping concurrently with this notice. margin by the appropriate CVD rate. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\08JAN1.SGM 08JAN1 786 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices However, in the companion CVD preliminary determination, Commerce has preliminarily determined that no countervailable subsidies are being provided to the production or exportation of subject merchandise and therefore, Commerce did not direct CBP to suspend liquidation of any such entries. Accordingly, we made no adjustment for the export subsidy offset to the estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. 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). sradovich on DSK3GMQ082PROD with NOTICES 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.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 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 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 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 petitioner. 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, pursuant to section 735(a)(2) of the Act and 19 CFR 351.210(e)(1), the petitioners requested that, if the preliminary determination in the above-referenced investigation is negative, Commerce postpone the final determination in accordance with 19 CFR 351.210(b)(2)(i).9 On December 1, 2017, COFCO and Niran, and on December 4, 2017, Sunshine requested that, in the event of an affirmative preliminary determination, Commerce postpone the final determination, and that provisional measures be extended by the corresponding period of extension (e.g., by an additional 60 days), which represents a period not to exceed six months.10 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination is affirmative, (2) the requesting exporters account for a significant proportion of exports of the subject merchandise, and (3) no compelling reasons for denial exist, we are granting the respondents’ 9 See Letter from the petitioners titled, ‘‘Antidumping Duty Investigation of Citric Acid and Certain Citrate Salts from Thailand: Petitioners’ Request for Postponement of Final Determination,’’ dated November 29, 2017. 10 See Letter from COFCO and Niran titled, ‘‘Conditional Request for Extension of Final Determination,’’ dated December 1, 2017; see also Letter from Sunshine titled, ‘‘Antidumping Duty Investigation of Citric Acid and Certain Citrate Salts from Thailand: Request for Postponement of Final Determination and Provisional Measures Period,’’ dated December 4, 2017. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 request and are postponing the final determination until no later than 135 days after the publication of the preliminary determination notice in the Federal Register, and we are extending provisional measures from four months to a period not to exceed six months. 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 affirmative 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 Commerce’s final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.11 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. 11 See E:\FR\FM\08JAN1.SGM section 735(b)(2) of the Act. 08JAN1 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 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 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 E. Calculation of NV Based on Constructed Value XIII. Currency Conversion XIV. Verification XV. Recommendation [FR Doc. 2018–00132 Filed 1–5–18; 8:45 am] sradovich on DSK3GMQ082PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 DEPARTMENT OF COMMERCE International Trade Administration [A–423–813] Citric Acid and Certain Citrate Salts From Belgium: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures 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 Belgium 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: Paul Stolz, 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) 482–4474. SUPPLEMENTARY INFORMATION: AGENCY: 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 and the revised deadline is now 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 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). 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). 3 See the Department’s memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Citric Acid and Certain Citrate Salts from Belgium,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 787 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and 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 the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is citric acid from Belgium. 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 of time 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 is not preliminarily modifying the scope language as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices 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. 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 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 82 FR at 29829. 6 See the Department’s memorandum, ‘‘Citric Acid and Certain Citrate Salts from Belgium, Colombia and Thailand; and Countervailing Duty Investigation of Citric Acid and Certain Citrate Salts from Thailand: Scope Comments Decision Memorandum for the Preliminary Determination,’’ dated December 1, 2017 (Preliminary Scope Decision Memorandum). E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 784-787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00132]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]


Citric Acid and Certain Citrate Salts From Thailand: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Critical Circumstances Determination, in Part, and 
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 Thailand 
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: Joy Zhang (COFCO), George McMahon 
(Niran), or Cindy Robinson (Sunshine), 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) 482-1168, (202) 482-1167, or (202) 482-3797, 
respectively.

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 and the revised deadline is now 
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

[[Page 785]]

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 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 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 Investigation, 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, in Part, 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 Thailand'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is citric acid from 
Thailand. For a complete discussion 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 this 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 is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice.
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    \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 titled ``Scope Comments Decision Memorandum 
for the Preliminary Determinations,'' dated December 1, 2017 
(Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has also calculated export and 
constructed export prices in accordance with section 772 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 Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances exist for one 
of the mandatory respondents, Niran, but do not exist for COFCO, 
Sunshine and all-other producers and/or exporters. 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 individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce calculated the all-others rate 
based on a weighted average of the estimated weighted-average dumping 
margins calculated for the three mandatory respondents: COFCO, Niran, 
and Sunshine, none of which are zero, de minimis, or based entirely on 
facts otherwise available. Commerce calculated the all-others' rate 
using a weighted-average of the estimated weighted-average dumping 
margins calculated for the examined respondents using each company's 
business proprietary data for the merchandise under consideration.\7\
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    \7\ For a complete analysis of the data, please see the All-
Others Rate Calculation Memorandum dated concurrently with this 
notice.
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Preliminary Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO)..............       15.73
Niran (Thailand) Co., Ltd. (Niran)..........................       12.95
Sunshine Biotech International Co., Ltd. (Sunshine).........        4.77
All-Others..................................................       10.55
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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 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 respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a 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.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced or exported by Niran. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
unliquidated entries of shipments of subject merchandise from Niran 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate.

[[Page 786]]

However, in the companion CVD preliminary determination, Commerce has 
preliminarily determined that no countervailable subsidies are being 
provided to the production or exportation of subject merchandise and 
therefore, Commerce did not direct CBP to suspend liquidation of any 
such entries. Accordingly, we made no adjustment for the export subsidy 
offset to the estimated weighted-average dumping margin. These 
suspension of liquidation instructions will remain in effect until 
further notice.

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.\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.
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    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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 petitioner. 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, pursuant to section 735(a)(2) of the Act and 
19 CFR 351.210(e)(1), the petitioners requested that, if the 
preliminary determination in the above-referenced investigation is 
negative, Commerce postpone the final determination in accordance with 
19 CFR 351.210(b)(2)(i).\9\ On December 1, 2017, COFCO and Niran, and 
on December 4, 2017, Sunshine requested that, in the event of an 
affirmative preliminary determination, Commerce postpone the final 
determination, and that provisional measures be extended by the 
corresponding period of extension (e.g., by an additional 60 days), 
which represents a period not to exceed six months.\10\
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    \9\ See Letter from the petitioners titled, ``Antidumping Duty 
Investigation of Citric Acid and Certain Citrate Salts from 
Thailand: Petitioners' Request for Postponement of Final 
Determination,'' dated November 29, 2017.
    \10\ See Letter from COFCO and Niran titled, ``Conditional 
Request for Extension of Final Determination,'' dated December 1, 
2017; see also Letter from Sunshine titled, ``Antidumping Duty 
Investigation of Citric Acid and Certain Citrate Salts from 
Thailand: Request for Postponement of Final Determination and 
Provisional Measures Period,'' dated December 4, 2017.
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    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination 
is affirmative, (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise, and (3) no compelling 
reasons for denial exist, we are granting the respondents' request and 
are postponing the final determination until no later than 135 days 
after the publication of the preliminary determination notice in the 
Federal Register, and we are extending provisional measures from four 
months to a period not to exceed six months. 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 affirmative 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 Commerce's final 
determination whether these imports are materially injuring, or 
threaten material injury to, the U.S. industry.\11\
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    \11\ See section 735(b)(2) of the Act.
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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.

[[Page 787]]

    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 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
    E. Calculation of NV Based on Constructed Value
XIII. Currency Conversion
XIV. Verification
XV. Recommendation

[FR Doc. 2018-00132 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-DS-P