Citric Acid and Certain Citrate Salts From Thailand: Final Negative Countervailing Duty Determination, and Final Negative Critical Circumstances Determination, 26004-26006 [2018-12011]

Download as PDF 26004 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for Exporter/Producer importation of citric acid from Colombia no later than 45 days after this final determination. If the ITC determines All-Others .............................. 28.48 that such injury does not exist, this proceeding will be terminated and all Disclosure cash deposits posted will be refunded or canceled. If the ITC determines that Commerce intends to disclose to such injury does exist, Commerce will interested parties its calculations and issue an antidumping duty order analysis performed in this final directing CBP to assess, upon further determination within five days of any instruction by Commerce, antidumping public announcement in accordance duties on all imports of the subject with 19 CFR 351.224(b). merchandise entered, or withdrawn Continuation of Suspension of from warehouse, for consumption on or Liquidation after the effective date of the suspension of liquidation, as discussed above in the In accordance with section ‘‘Continuation of Suspension of 735(c)(1)(B) of the Act, for this final Liquidation’’ section. determination, we will direct U.S. Customs and Border Protection (CBP) to Notification Regarding Administrative continue to suspend liquidation of all Protective Orders entries of citric acid from Colombia, as This notice will serve as a reminder described in Appendix I of this notice, to parties subject to an administrative which are entered, or withdrawn from protective order (APO) of their warehouse, for consumption on or after responsibility concerning the January 8, 2018, the date of publication in the Federal Register of the affirmative disposition of propriety information disclosed under APO in accordance Preliminary Determination. with 19 CFR 351.305(a)(3). Timely Pursuant to section 735(c)(1)(B)(ii) of written notification of return or the Act and 19 CFR 351.10(d), destruction of APO materials, or Commerce will instruct CBP to require conversion to judicial protective order, a cash deposit for such entries of is hereby requested. Failure to comply merchandise equal to the estimated with the regulations and terms of an weighted-average dumping margin or APO is a sanctionable violation. the estimate all-others rate, as follows: (1) The cash deposit rate for the Notification to Interested Parties respondents listed above will be equal This determination is issued and to the respondent-specific estimated published in accordance with sections weighted-average dumping margin 735(d) and 777(i)(1) of the Act and 19 determined in this final determination; CFR 351.210(c). (2) if the exporter is not a respondent Dated: May 29, 2018. identified above but the producer is, Gary Taverman, then the cash deposit rate will be equal to the respondent-specific estimated Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, weighted average dumping margin performing the non-exclusive functions and established for the producer of the duties of the Assistant Secretary for subject merchandise; and (3) the cash Enforcement and Compliance. deposit rate for all other producers and exporters will equal to the all-others Appendix I estimated weighted-average dumping margin. These suspension of liquidation Scope of the Investigation instructions will remain in effect until The merchandise covered by this further notice. investigation includes all grades and Estimated weightedaverage dumping margin (percent) amozie on DSK3GDR082PROD with NOTICES1 International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Final Negative Determination of Critical Circumstances VI. Discussion of the Issues Comment 1: Date of Sale Comment 2: Whether to Include Minor Corrections from the Sales Verification VII. Recommendation [FR Doc. 2018–12008 Filed 6–4–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–834] Citric Acid and Certain Citrate Salts From Thailand: Final Negative Countervailing Duty Determination, and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of AGENCY: E:\FR\FM\05JNN1.SGM 05JNN1 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices citric acid and certain citrate salts (citric acid) from Thailand. The period of investigation is January 1, 2016, through December 31, 2016. In addition, we determine that critical circumstances do not exist with respect to imports of the subject merchandise. DATES: Applicable June 5, 2018. FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–1009 or 202–482–8362, respectively. SUPPLEMENTARY INFORMATION: Background amozie on DSK3GDR082PROD with NOTICES1 Commerce published the Preliminary Determination on November 3, 2017.1 We invited interested parties to comment on the Preliminary Determination. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the final determination of this investigation is now May 29, 2018.2 On February 23, 2018, Commerce issued a PostPreliminary Results Decision Memorandum with respect to New Subsidy Allegations.3 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.4 1 See Citric Acid and Certain Citrate Salts from Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 51216 (November 3, 2017) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 3 See Commerce Post-Preliminary Results Decision Memorandum Regarding New Subsidy Allegations dated February 23, 2018. 4 See Memorandum from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 Scope of the Investigation The product covered by this investigation is citric acid from Thailand. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I of this notice. Scope Comments Prior to the Preliminary Determination, we issued a Preliminary Scope Decision Memorandum.5 We subsequently invited parties to submit additional scope comments in their case briefs, but received none. Therefore, for the final determination, we continue to find that the scope of the investigation as defined in the Initiation Notice 6 and the Preliminary Determination 7 remains applicable. See Appendix I. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in November and December 2017, we conducted verification of the information submitted by the Royal Thai Government (RTG); COFCO Biochemical (Thailand) Co., Ltd. (COFCO); Niran (Thailand) Co., Ltd. (Niran); and Sunshine Biotech International Co., Ltd. (Sunshine) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the RTG, COFCO, Niran, and Sunshine. Analysis of Subsidy Programs and Comments Received All issues raised in the case and rebuttal briefs submitted by the interested parties are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically Enforcement and Compliance ‘‘Decision Memorandum for the Final Negative Countervailing Duty Determination and Final Negative Critical Circumstances Determination of Citric Acid and Certain Citrate Salts from Thailand,’’ dated concurrently with this notice (Issues and Decision Memorandum). 5 See Memorandum ‘‘Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated December 1, 2017 (Preliminary Scope Decision Memorandum). 6 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. 7 See Preliminary Determination, 82 FR at 51216. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 26005 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 it is available to all parties in the Central Records Unit, Room B–8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the respondents’ subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Final Negative Determination of Critical Circumstances In the Preliminary Determination, Commerce explained that a finding of critical circumstances is only relevant if, due to an affirmative preliminary or affirmative final determination, there is a suspension of liquidation.8 However, Commerce preliminarily determined that the mandatory respondents received de minimis net subsidy rates. Thus, Commerce issued a negative Preliminary Determination, did not suspend liquidation, and preliminarily found that critical circumstances did not exist.9 We continue to find that the mandatory respondents received de minimis net subsidy rates and, thus, we have issued a negative final determination. Accordingly, we also continue to find that critical circumstances do not exist. Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have calculated individual rates for the three producers/exporters of subject merchandise that are under investigation. We determine that the total net countervailable subsidy rates are as follows: 8 See Preliminary Decision Memorandum at 5. at 5; see also Preliminary Determination, 82 FR at 51217. 9 Id. E:\FR\FM\05JNN1.SGM 05JNN1 26006 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices Ad Valorem Rate (% de minimis) Company COFCO Biochemical (Thailand) Co., Ltd. (COFCO) .................................................................................................................... Niran (Thailand) Co., Ltd. (Niran) .................................................................................................................................................. Sunshine Biotech International Co., Ltd. (Sunshine) .................................................................................................................... This notice serves as the only reminder to parties subject to Administrative Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. 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. Notification to Interested Parties Appendix II This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. New Subsidy Allegation V. Subsidies Valuation VI. Benchmark and Discount Rates VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Should Include Respondents’ Imports of Chinese-Origin Machinery and Equipment Made Pursuant to the Association of Southeast Asian Nations (ASEAN)-China Free Trade Area (FTA) in the Benefit Calculation of the IPA Section 28 Program Comment 2: Whether Subsidies Received by The Department has not calculated an all-others rate because it has not reached an affirmative final determination. In the Preliminary Determination, the total net countervailable subsidy rates for the three companies were de minimis and, therefore, we did not suspend liquidation. Because the rates for the three companies remain de minimis, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of citric acid from Thailand. Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this final determination within five days of any public announcement in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. As our final determination is negative, this proceeding is terminated. Notification Regarding Administrative Protective Orders (APOs) amozie on DSK3GDR082PROD with NOTICES1 Dated: May 29, 2018. 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. 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, VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 0.00 0.00 0.21 COFCO Biochemical (Thailand) Co., Ltd.’s (COFCO) Predecessor, World Best Biochemical (Thailand) Co., Ltd., (World Best), Are Countervailable Comment 3: Whether Commerce Should Find Duty Exemptions on Imports of Raw Materials Under the Section 36 IPA Program to be Countervailable IX. Recommendation [FR Doc. 2018–12011 Filed 6–4–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–065] Stainless Steel Flanges From the People’s Republic of China: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the countervailing duty (CVD) order stainless steel flanges from the People’s Republic of China (China). AGENCY: DATES: Applicable June 5, 2018. Jerry Huang at (202) 482–4047 or Justin Neuman at (202) 482–0486, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background In accordance with sections 705(a), 705(d), and 777(i) of the Tariff Act of 1930, as amended (Act), and 19 CFR 351.210(c), on April 12, 2018, Commerce published its affirmative final determinations that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from China.1 1 See Countervailing Duty Investigation of Stainless Steel Flanges from the People’s Republic of China: Final Affirmative Determination, 83 FR 15790 (April 12, 2018) (Final Determination) and the accompanying Issues and Decision Memorandum. E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26004-26006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12011]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-834]


Citric Acid and Certain Citrate Salts From Thailand: Final 
Negative Countervailing Duty Determination, and Final Negative Critical 
Circumstances Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are not being provided to producers and 
exporters of

[[Page 26005]]

citric acid and certain citrate salts (citric acid) from Thailand. The 
period of investigation is January 1, 2016, through December 31, 2016. 
In addition, we determine that critical circumstances do not exist with 
respect to imports of the subject merchandise.

DATES: Applicable June 5, 2018.

FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-1009 or 202-482-8362, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Determination on November 3, 
2017.\1\ We invited interested parties to comment on the Preliminary 
Determination. Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through 22, 2018. The revised deadline for the final determination of 
this investigation is now May 29, 2018.\2\ On February 23, 2018, 
Commerce issued a Post- Preliminary Results Decision Memorandum with 
respect to New Subsidy Allegations.\3\
---------------------------------------------------------------------------

    \1\ See Citric Acid and Certain Citrate Salts from Thailand: 
Preliminary Negative Countervailing Duty Determination, Preliminary 
Negative Critical Circumstances Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 82 FR 51216 
(November 3, 2017) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
    \3\ See Commerce Post-Preliminary Results Decision Memorandum 
Regarding New Subsidy Allegations dated February 23, 2018.
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum from Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Christian Marsh, Deputy Assistant Secretary for Enforcement and 
Compliance, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance ``Decision 
Memorandum for the Final Negative Countervailing Duty Determination 
and Final Negative Critical Circumstances Determination of Citric 
Acid and Certain Citrate Salts from Thailand,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is citric acid from 
Thailand. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    Prior to the Preliminary Determination, we issued a Preliminary 
Scope Decision Memorandum.\5\ We subsequently invited parties to submit 
additional scope comments in their case briefs, but received none. 
Therefore, for the final determination, we continue to find that the 
scope of the investigation as defined in the Initiation Notice \6\ and 
the Preliminary Determination \7\ remains applicable. See Appendix I.
---------------------------------------------------------------------------

    \5\ See Memorandum ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated December 1, 2017 (Preliminary 
Scope Decision Memorandum).
    \6\ 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.
    \7\ See Preliminary Determination, 82 FR at 51216.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in November and December 2017, we conducted verification of 
the information submitted by the Royal Thai Government (RTG); COFCO 
Biochemical (Thailand) Co., Ltd. (COFCO); Niran (Thailand) Co., Ltd. 
(Niran); and Sunshine Biotech International Co., Ltd. (Sunshine) for 
use in our final determination. We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by the RTG, 
COFCO, Niran, and Sunshine.

Analysis of Subsidy Programs and Comments Received

    All issues raised in the case and rebuttal briefs submitted by the 
interested parties are addressed in the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues addressed in the Issues and Decision Memorandum is 
attached to this notice at Appendix II. The Issues and 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 it is available to 
all parties in the Central Records Unit, Room B-8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the respondents' subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Negative Determination of Critical Circumstances

    In the Preliminary Determination, Commerce explained that a finding 
of critical circumstances is only relevant if, due to an affirmative 
preliminary or affirmative final determination, there is a suspension 
of liquidation.\8\ However, Commerce preliminarily determined that the 
mandatory respondents received de minimis net subsidy rates. Thus, 
Commerce issued a negative Preliminary Determination, did not suspend 
liquidation, and preliminarily found that critical circumstances did 
not exist.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum at 5.
    \9\ Id. at 5; see also Preliminary Determination, 82 FR at 
51217.
---------------------------------------------------------------------------

    We continue to find that the mandatory respondents received de 
minimis net subsidy rates and, thus, we have issued a negative final 
determination. Accordingly, we also continue to find that critical 
circumstances do not exist.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated individual rates for the three producers/exporters of 
subject merchandise that are under investigation. We determine that the 
total net countervailable subsidy rates are as follows:

[[Page 26006]]



------------------------------------------------------------------------
                                                        Ad Valorem Rate
                       Company                           (% de minimis)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO).......               0.00
Niran (Thailand) Co., Ltd. (Niran)...................               0.00
Sunshine Biotech International Co., Ltd. (Sunshine)..               0.21
------------------------------------------------------------------------

    The Department has not calculated an all-others rate because it has 
not reached an affirmative final determination. In the Preliminary 
Determination, the total net countervailable subsidy rates for the 
three companies were de minimis and, therefore, we did not suspend 
liquidation. Because the rates for the three companies remain de 
minimis, we are not directing U.S. Customs and Border Protection to 
suspend liquidation of entries of citric acid from Thailand.

Disclosure

    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
any public announcement in accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. As our final determination is negative, this 
proceeding is terminated.

Notification Regarding Administrative Protective Orders (APOs)

    This notice serves as the only reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: May 29, 2018.
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.

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 Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. New Subsidy Allegation
V. Subsidies Valuation
VI. Benchmark and Discount Rates
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Include Respondents' Imports of 
Chinese-Origin Machinery and Equipment Made Pursuant to the 
Association of Southeast Asian Nations (ASEAN)-China Free Trade Area 
(FTA) in the Benefit Calculation of the IPA Section 28 Program
Comment 2: Whether Subsidies Received by COFCO Biochemical 
(Thailand) Co., Ltd.'s (COFCO) Predecessor, World Best Biochemical 
(Thailand) Co., Ltd., (World Best), Are Countervailable
Comment 3: Whether Commerce Should Find Duty Exemptions on Imports 
of Raw Materials Under the Section 36 IPA Program to be 
Countervailable
IX. Recommendation

[FR Doc. 2018-12011 Filed 6-4-18; 8:45 am]
 BILLING CODE 3510-DS-P