Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 5246-5247 [2018-02287]
Download as PDF
<![CDATA[
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 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
at https://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]
-----------------------------------------------------------------------
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 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 at https://enforcement.trade.gov/frn/. 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
