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, 787-789 [2018-00133]
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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]
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BILLING CODE 3510–DS–P
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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).
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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 https://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).
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices
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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
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 S.A. Citrique Belge N.V.
(Citrique Belge), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Citrique Belge is
the margin assigned to all-other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
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
Preliminary Determination
verification report is issued in this
Commerce preliminarily determines
investigation. Rebuttal briefs, limited to
that the following estimated weightedissues raised in case briefs, may be
average dumping margins exist:
submitted no later than five days after
the deadline date for case briefs.7
Estimated Pursuant to 19 CFR 351.309(c)(2) and
weighted(d)(2), parties who submit case briefs or
average
Exporter/producer
rebuttal briefs in this investigation are
dumping
margin
encouraged to submit with each
(percent)
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
S.A. Citrique Belge N.V ..............
24.41
All-Others ....................................
24.41 and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Suspension of Liquidation
hearing, limited to issues raised in the
In accordance with section 733(d)(2)
case and rebuttal briefs, must submit a
of the Act, Commerce will direct U.S.
written request to the Assistant
Customs and Border Protection (CBP) to Secretary for Enforcement and
suspend liquidation of entries of subject Compliance, U.S. Department of
merchandise, as described in Appendix Commerce, within 30 days after the date
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 respondents 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 margins determined in this
the hearing two days before the
preliminary determination; (2) if the
scheduled date.
exporter is not a 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
rate for all other producers and
7 See 19 CFR 351.309; see also 19 CFR 351.303
exporters will be equal to the all-others
(for general filing requirements).
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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 30, 2017, Citrique Belge
requested that Commerce postpone the
final determination in the event of an
affirmative preliminary determination,
and on December 1, 2017, Citrique Belge
re-submitted its request to postpone the
final determination to also request that
provisional measures be extended from
a four-month period to a six-month
period, pursuant to section 733(d) of the
Act.8 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 Citrique Belge’s letter, ‘‘Antidumping Duty
Investigation of Citric Acid and Certain Citrate Salts
from Belgium: Respondent’s Request for
Postponement of Final Determination,’’ dated
November 30, 2017, as amended by Citrique Belge’s
letter, ‘‘Antidumping Duty Investigation of Citric
Acid and Certain Citrate Salts from Belgium:
Respondent’s Request for Postponement of Final
Determination,’’ dated December 1, 2017.
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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
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.
sradovich on DSK3GMQ082PROD with NOTICES
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
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VI. Scope of the Investigation
VII. Discussion of the Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price And Constructed Export Price
A. Export Price
XI. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
D. Calculation of NV Based On
Comparison-Market Prices
XII. Currency Conversion
XIII. Verification
XIV. Recommendation
[FR Doc. 2018–00133 Filed 1–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–896]
Magnesium Metal from the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting the
administrative review of the
antidumping duty order on magnesium
metal from the People’s Republic of
China (China), covering the period April
1, 2016, through March 31, 2017.
Commerce preliminarily determines
that Tianjin Magnesium International,
Co., Ltd. (TMI) and Tianjin Magnesium
Metal, Co., Ltd. (TMM) did not have
reviewable entries during the period of
review (POR). We invite interested
parties to comment on these preliminary
results.
DATES: Applicable January 8, 2018.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, 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) 482–3965.
AGENCY:
Background
On April 3, 2017, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on magnesium
metal from China for the POR.1 On June
7, 2017, in response to a timely request
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 82 FR 16163
(April 3, 2017).
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789
from the petitioner,2 and in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on magnesium
metal from China with respect to TMI
and TMM.3
Scope of the Order
The product covered by this
antidumping duty order is magnesium
metal from China, which includes
primary and secondary alloy
magnesium metal, regardless of
chemistry, raw material source, form,
shape, or size. Magnesium is a metal or
alloy containing by weight primarily the
element magnesium. Primary
magnesium is produced by
decomposing raw materials into
magnesium metal. Secondary
magnesium is produced by recycling
magnesium-based scrap into magnesium
metal. The magnesium covered by this
order includes blends of primary and
secondary magnesium.
The subject merchandise includes the
following alloy magnesium metal
products made from primary and/or
secondary magnesium including,
without limitation, magnesium cast into
ingots, slabs, rounds, billets, and other
shapes; magnesium ground, chipped,
crushed, or machined into rasping,
granules, turnings, chips, powder,
briquettes, and other shapes; and
products that contain 50 percent or
greater, but less than 99.8 percent,
magnesium, by weight, and that have
been entered into the United States as
conforming to an ‘‘ASTM Specification
for Magnesium Alloy’’ 4 and are thus
outside the scope of the existing
antidumping orders on magnesium from
China (generally referred to as ‘‘alloy’’
magnesium).
The scope of this order excludes: (1)
All forms of pure magnesium, including
chemical combinations of magnesium
and other material(s) in which the pure
magnesium content is 50 percent or
greater, but less than 99.8 percent, by
weight, that do not conform to an
‘‘ASTM Specification for Magnesium
Alloy’’ 5; (2) magnesium that is in liquid
2 See letter from US Magnesium LLC (the
petitioner), ‘‘Magnesium Metal from the People’s
Republic of China: Request for Administrative
Review,’’ dated April 28, 2017.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
26444 (June 7, 2017).
4 The meaning of this term is the same as that
used by the American Society for Testing and
Materials in its Annual Book for ASTM Standards:
Volume 01.02 Aluminum and Magnesium Alloys.
5 The material is already covered by existing
antidumping orders. See Notice of Antidumping
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[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 787-789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00133]
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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
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 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:
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 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 https://enforcement.trade.gov/frn/. The signed and the 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).
\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).
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
[[Page 788]]
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.
Commerce calculated an individual estimated weighted-average
dumping margin for S.A. Citrique Belge N.V. (Citrique Belge), the only
individually examined exporter/producer in this investigation. Because
the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for Citrique Belge 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-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
S.A. Citrique Belge N.V..................................... 24.41
All-Others.................................................. 24.41
------------------------------------------------------------------------
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.
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.
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\7\ 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 30, 2017, Citrique Belge requested that Commerce
postpone the final determination in the event of an affirmative
preliminary determination, and on December 1, 2017, Citrique Belge re-
submitted its request to postpone the final determination to also
request that provisional measures be extended from a four-month period
to a six-month period, pursuant to section 733(d) of the Act.\8\ 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.
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\8\ See Citrique Belge's letter, ``Antidumping Duty
Investigation of Citric Acid and Certain Citrate Salts from Belgium:
Respondent's Request for Postponement of Final Determination,''
dated November 30, 2017, as amended by Citrique Belge's letter,
``Antidumping Duty Investigation of Citric Acid and Certain Citrate
Salts from Belgium: Respondent's Request for Postponement of Final
Determination,'' dated December 1, 2017.
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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 789]]
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. Discussion of the Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price And Constructed Export Price
A. Export Price
XI. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
D. Calculation of NV Based On Comparison-Market Prices
XII. Currency Conversion
XIII. Verification
XIV. Recommendation
[FR Doc. 2018-00133 Filed 1-5-18; 8:45 am]
BILLING CODE 3510-DS-P