Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 5246-5247 [2018-02287]

Download as PDF 5246 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Notices Dated: January 29, 2018. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–0317 or (202) 482–2623, respectively. SUPPLEMENTARY INFORMATION: content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Appendix—List of Topics Discussed in the Issues and Decision Memorandum Scope of the Order The merchandise covered by the Order 1 is citric acid and certain citrate salts from Canada. The product is currently classified under subheadings 2918.14.0000, 2918.15.1000, 2918.15.5000, and 3824.90.9290 of the Harmonized Tariff System of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of merchandise subject to the scope is dispositive.2 Preliminary Results of the Review Summary Background Scope of the Order Discussion of the Issues Comment 1: Use of Kangtai’s U.S. Export Sales to the One Customer Operating From a Third Country (Company X) Comment 2: Changes in Heze Huayi’s Labor Usage Rates Comment 3: By-Product Offset for Ammonium Sulfate Comment 4: Adjustment To Export Price for Free-of-Charge Packing Materials Comment 5: Alternative Mexican Surrogate Values A. Alternative Mexican Financial Statements B. Mexican Surrogate Value for Sodium Hydroxide (Caustic Soda) C. Whether To Use INEGI’s EMIM Mexican Labor Data Instead of ILO Labor Rate Comment 6: Assigning the NME-Entity Rate to Jiheng Recommendation [FR Doc. 2018–02315 Filed 2–5–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–853] Citric Acid and Certain Citrate Salts From Canada: 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 an administrative review of the antidumping duty order on citric acid and certain citrate salts (citric acid) from Canada. The period of review (POR) is May 1, 2016, through April 30, 2017. The review covers one producer/ exporter of the subject merchandise, Jungbunzlauer Canada Inc. (JBL Canada). We preliminarily determine that sales of subject merchandise by JBL Canada were not made at prices below normal value (NV). Interested parties are invited to comment on these preliminary results. DATES: Applicable February 6, 2018. FOR FURTHER INFORMATION CONTACT: Renato Barreda or George Ayache, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 daltland on DSKBBV9HB2PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:02 Feb 05, 2018 Jkt 244001 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, dated concurrently with these results and hereby adopted by 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 http://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 at http://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in 1 See Citric Acid and Certain Citrate Salts From Canada and the People’s Republic of China: Antidumping Duty Orders, 74 FR 25703 (May 29, 2009) (the Order). 2 A full description of the scope of the Order is contained in the memorandum 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, from James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Citric Acid and Certain Citrate Salts From Canada; 2016– 2017’’ (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 As a result of this review, Commerce preliminarily determines that a weighted-average dumping margin of 0.00 percent exists for JBL Canada for the period May 1, 2016, through April 30, 2017. Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.3 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.4 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding 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. Case and rebuttal briefs should be filed using ACCESS.5 All submissions to Commerce must be filed electronically using ACCESS, and must also be served on interested parties.6 An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the date that the document is due. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance’s ACCESS system within 30 days of publication of this notice.7 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. 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 3 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d). 5 See 19 CFR 351.303. 6 See 19 CFR 351.303(f). 7 See 19 CFR 351.310(c). 4 See E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Notices determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless the deadline is extended pursuant to section 751(a)(2)(B)(iv) of the the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice.8 Assessment Rates Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.9 If JBL Canada’s calculated weightedaverage dumping margin is above de minimis in the final results of this review, we will calculate importerspecific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer, and we will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. If JBL Canada’s weighted-average dumping margin continues to be zero or de minimis, or the importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.10 In accordance with the Department’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by JBL Canada for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate.11 We intend to issue instructions to CBP 41 days after the date of publication of the final results of this review. daltland on DSKBBV9HB2PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or 8 See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). 9 See 19 CFR 351.212(b)(1). 10 See 19 CFR 351.106(c)(2). 11 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 19:02 Feb 05, 2018 Jkt 244001 after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for JBL Canada will be the rate established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recentlycompleted segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 23.21 percent, the all-others rate established in the less-than-fair-value investigation.12 These cash 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: January 24, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Constructed Export Price D. Normal Value 1. Home Market Viability and Selection of Comparison Market 12 See PO 00000 the Order. Frm 00013 Fmt 4703 Sfmt 4703 5247 2. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of NV Based on Comparison Market Prices G. Calculation of NV Based on CV H. Currency Conversion V. Recommendation [FR Doc. 2018–02287 Filed 2–5–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S. Department of Commerce Trade Finance Advisory Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The U.S. Department of Commerce Trade Finance Advisory Council (TFAC or Council) will hold a meeting on Thursday, February 22, 2018, at the U.S. Department of Commerce, in Washington, DC. The meeting is open to the public with registration instructions provided below. DATES: Thursday, February 22, 2018, from approximately 10:00 a.m. to 3:00 p.m. Eastern Standard Time (EST). The deadline for members of the public to register, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5:00 p.m. EST on February 14, 2018. Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt. ADDRESSES: U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Ericka Ukrow, Designated Federal Officer, Office of Finance and Insurance Industries (OFII), International Trade Administration, U.S. Department of Commerce at (202) 482–0405; email: Ericka.Ukrow@trade.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On July 25, 2016, the Secretary of Commerce established the TFAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. The TFAC advises the Secretary of Commerce in identifying effective ways to help expand access to finance for U.S. exporters, especially E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5246-5247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02287]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-853]


Citric Acid and Certain Citrate Salts From Canada: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on citric acid and 
certain citrate salts (citric acid) from Canada. The period of review 
(POR) is May 1, 2016, through April 30, 2017. The review covers one 
producer/exporter of the subject merchandise, Jungbunzlauer Canada Inc. 
(JBL Canada). We preliminarily determine that sales of subject 
merchandise by JBL Canada were not made at prices below normal value 
(NV). Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable February 6, 2018.

FOR FURTHER INFORMATION CONTACT: Renato Barreda or George Ayache, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-0317 or (202) 482-
2623, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the Order \1\ is citric acid and certain 
citrate salts from Canada. The product is currently classified under 
subheadings 2918.14.0000, 2918.15.1000, 2918.15.5000, and 3824.90.9290 
of the Harmonized Tariff System of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of merchandise subject to the scope 
is dispositive.\2\
---------------------------------------------------------------------------

    \1\ See Citric Acid and Certain Citrate Salts From Canada and 
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703 
(May 29, 2009) (the Order).
    \2\ A full description of the scope of the Order is contained in 
the memorandum 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, from James Maeder, Senior Director 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, ``Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review: 
Citric Acid and Certain Citrate Salts From Canada; 2016-2017'' 
(Preliminary Decision Memorandum), dated concurrently with these 
results and hereby adopted by this notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by 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 http://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 at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, Commerce preliminarily determines that 
a weighted-average dumping margin of 0.00 percent exists for JBL Canada 
for the period May 1, 2016, through April 30, 2017.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\3\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\4\ Pursuant 
to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding 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. Case and rebuttal briefs 
should be filed using ACCESS.\5\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.309(c)(1)(ii).
    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
ACCESS, and must also be served on interested parties.\6\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\7\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. 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

[[Page 5247]]

determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the the Act and 19 CFR 351.213(h)(2), Commerce 
intends to issue the final results of this administrative review, 
including the results of its analysis of issues raised in any written 
briefs, not later than 120 days after the date of publication of this 
notice.\8\
---------------------------------------------------------------------------

    \8\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\9\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If JBL Canada's calculated weighted-average dumping margin is above 
de minimis in the final results of this review, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales to that 
importer, and we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review. If JBL Canada's weighted-
average dumping margin continues to be zero or de minimis, or the 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
JBL Canada for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate unreviewed entries 
at the all-others rate.\11\
---------------------------------------------------------------------------

    \11\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 41 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for JBL Canada will be the rate established in the final results of 
this review, except if the rate is de minimis within the meaning of 19 
CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the 
cash deposit rate will be zero; (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently-completed 
segment; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently-completed segment for the manufacturer of the merchandise; and 
(4) the cash deposit rate for all other manufacturers or exporters will 
continue to be 23.21 percent, the all-others rate established in the 
less-than-fair-value investigation.\12\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \12\ See the Order.
---------------------------------------------------------------------------

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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: January 24, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Product Comparisons
    C. Constructed Export Price
    D. Normal Value
    1. Home Market Viability and Selection of Comparison Market
    2. Level of Trade (LOT)
    E. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    F. Calculation of NV Based on Comparison Market Prices
    G. Calculation of NV Based on CV
    H. Currency Conversion
V. Recommendation

[FR Doc. 2018-02287 Filed 2-5-18; 8:45 am]
 BILLING CODE 3510-DS-P