Citric Acid and Certain Citrate Salts From Belgium, Colombia and Thailand: Antidumping Duty Orders, 35214-35216 [2018-15885]
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35214
Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
determination’’ and Commerce shall
‘‘terminate the suspension of
liquidation’’ and ‘‘release any bond or
other security, and refund any cash
deposit.’’ As a result of the CIT’s
decision affirming Commerce’s Final
Redetermination, Commerce is revoking
the countervailing duty order on off
road tires from Sri Lanka 11 because the
revised CVD margin for Camso Loadstar,
the only mandatory respondent, is now
de minimis.12 Because the revised net
countervailable subsidy rate for the sole
mandatory respondent, Camso Loadstar,
is de minimis, Commerce did not
determine an all-others rate in the Final
Redetermination. Accordingly,
Commerce intends to issue instructions
to U.S. Customs and Border Protection
(CBP) to release any bonds or other
security and refund cash deposits
pertaining to any suspended entries
pursuant to the Order. As a result of this
revocation, Commerce will not initiate
administrative reviews of this Order.13
Although section 705(c)(2)(A) of the
Act instructs Commerce to terminate
suspension of liquidation, we note that,
pursuant to Timken, the suspension of
liquidation must continue during the
pendency of the appeals process. Thus,
we will continue to instruct CBP at this
time to (A) release any bond or other
security, and refund any cash deposit
made pursuant to the Order as
discussed above; and (B) suspend
liquidation of all unliquidated entries of
subject merchandise from Sri Lanka at
a cash deposit rate of 0.00 percent
which are entered, or withdrawn from
warehouse, for consumption on or after
July 21, 2018, which is ten days after the
court’s decision, in accordance with
section 516A of the Act.14 In the event
that the CIT’s judgment affirming the
Final Redetermination is not appealed,
or appealed and upheld by the U.S.
Court of Appeals for the Federal Circuit,
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate those entries of subject
merchandise without regard to
countervailing duties. Notwithstanding
the continued suspension described
above, the countervailing duty order on
off road tires from Sri Lanka is hereby
revoked, as described above.
Lastly, we note that, at this time,
Commerce remains enjoined by Court
order from liquidating entries that were
produced and/or exported by Camso
Loadstar, and were entered, or
withdrawn from warehouse, for
consumption during the period June 20,
2016, through October 17, 2016, and
from February 28, 2017, through
December 31, 2017. These entries will
remain enjoined pursuant to the terms
of the injunction during the pendency of
any appeals process.
Notification to Interested Parties
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of the APO is a violation
subject to sanction.
This notice is issued and published in
accordance with section 516A(c)(1) and
(e) of the Act.
Dated: July 19, 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.
[FR Doc. 2018–15879 Filed 7–24–18; 8:45 am]
BILLING CODE 3510–DS–P
11 See
Order, 82 FR at 12556.
section 703(b)(4)(B) of the Act; Developing
and Least-Developed Country Designations under
the Countervailing Duty Law, 63 FR 29945 (June 2,
1998).
13 Commerce did not previously initiate any
administrative review of the Order.
14 See, e.g., Drill Pipe from the People’s Republic
of China: Notice of Court Decision Not in Harmony
with International Trade Commission’s Injury
Determination, Revocation of Antidumping and
Countervailing Duty Orders Pursuant to Court
Decision, and Discontinuation of Countervailing
Duty Administrative Review, 79 FR 78037, 78038
(December 29, 2014); High Pressure Steel Cylinders
From the People’s Republic of China: Notice of
Court Decision Not in Harmony With Final
Determination in Less Than Fair Value
Investigation, Notice of Amended Final
Determination Pursuant to Court Decision, Notice of
Revocation of Antidumping Duty Order in Part, and
Discontinuation of Fifth Antidumping Duty
Administrative Review, 82 FR 46758, 46760
(October 6, 2017).
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12 See
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–813, A–301–803, and A–549–833]
Citric Acid and Certain Citrate Salts
From Belgium, Colombia and Thailand:
Antidumping Duty Orders
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 antidumping duty
(AD) orders on citric acid and certain
AGENCY:
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citrate salts (citric acid) from Belgium,
Colombia and Thailand.
DATES: Applicable July 25, 2018.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz (Belgium), Stephanie Moore
(Colombia) or Joy Zhang (Thailand);
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,
(202) 482–3692, (202) 482–1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2018, in accordance with
sections 735(d) and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.210(c), Commerce
published its affirmative final
determinations in the less-than-fairvalue (LTFV) investigations of citric
acid from Belgium, Colombia and
Thailand.1 On July 10, 2018, the ITC
notified Commerce of its affirmative
final determination, pursuant to section
735(d) of the Act, that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of
the LTFV imports of citric acid from
Belgium, Colombia, and Thailand, and
its determination that critical
circumstances do not exist with respect
to imports of citric acid from Thailand
subject to Commerce’s affirmative
critical circumstances determination.2
On July 16, 2018, the ITC published its
final determination in the Federal
Register.3
1 See Citric Acid and Certain Citrate Salts from
Belgium: Affirmative Final Determination of Sales
at Less Than Fair Value, 83 FR 26001 (June 5, 2018)
(Belgium Final Determination); see also Citric Acid
and Certain Citrate Salts from Colombia:
Affirmative Final Determination of Sales at Less
Than Fair Value and Final Negative Determination
of Critical Circumstances, 83 FR 26002 (June 5,
2018) (Colombia Final Determination); and Citric
Acid and Certain Citrate Salts from Thailand:
Affirmative Final Determination of Sales at Less
Than Fair Value and Final Affirmative
Determination of Critical Circumstances in Part, 83
FR 25998 (June 5, 2018) (Thailand Final
Determination).
2 See Letter from the ITC to the Honorable Gary
Taverman, dated July 10, 2018 (Notification of ITC
Final Determination); see also Citric Acid from
Belgium, Colombia, and Thailand, Investigation
Nos. 731–TA–1374–1376 (Final) (July 2018). On
October 20, 2017, the petitioners submitted a timely
filed critical circumstances allegation with respect
to imports from Colombia and Thailand. Commerce
subsequently issued a negative critical
circumstances determination with regard to the
investigation for Colombia and, thus, the ITC did
not address critical circumstances for Colombia in
its final injury determination.
3 See Citric Acid from Belgium, Colombia, and
Thailand; Determinations, 83 FR 32905 (July 16,
2018).
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
Scope of the Order
The product covered by these orders
is citric acid from Belgium, Colombia,
and Thailand. For a complete
description of the scope of these orders,
see the Appendix to this notice.
Antidumping Duty Orders
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC notified Commerce of its final
determination in these investigations
that an industry in the United States is
materially injured by reason of imports
of citric acid from Belgium, Colombia,
and Thailand.4 The ITC also notified
Commerce of its determination that
critical circumstances do not exist with
respect to imports of citric acid from
Thailand subject to Commerce’s critical
circumstances finding.5 Therefore, in
accordance with section 735(c)(2) of the
Act, Commerce is issuing these AD
orders. Because the ITC determined that
imports of citric acid from Belgium,
Colombia, and Thailand are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from
Belgium, Colombia, and Thailand,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of citric acid from
Belgium, Colombia, and Thailand.
Antidumping duties will be assessed on
unliquidated entries of citric acid from
Belgium, Colombia, and Thailand
entered, or withdrawn from warehouse
for consumption, on or after January 8,
2018, the date on which Commerce
published its preliminary
determinations in the Federal Register.6
4 See
Continuation of Suspension of
Liquidation
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination
regarding imports of citric acid from
Thailand, Commerce will instruct CBP
to lift suspension and refund any cash
deposits made to secure payment of
estimated antidumping duties on
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after October 10,
2017, (i.e., 90 days prior to the date of
publication of the Thailand preliminary
determination), but before January 8,
2018, (i.e., the date of publication of the
Thailand preliminary determination).
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average AD
margins and cash deposit rates are as
follows:
Notification of ITC Final Determination.
Belgium—exporter/producer
5 Id.
6 See
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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, 83 FR 787 (January 1, 2018); see also
Citric Acid and Certain Citrate Salts from Colombia:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Negative Critical
Circumstances Determination Postponement of
Final Determination, and Extension of Provisional
Measures, 83 FR 791 (January 1, 2018), and Citric
Acid and Certain Citrate Salts from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative
Critical Circumstances Determination, in Part, and
Postponement of Final Determination and
Extension of Provisional Measures, 83 FR 784
(January 1, 2018).
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18:50 Jul 24, 2018
Jkt 244001
Thailand—exporter/producer
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation of all relevant entries of
citric acid from Belgium, Colombia, and
Thailand. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits for estimated
antidumping duties equal to the
estimated cash deposit rates indicated
below. Accordingly, effective the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
the subject merchandise, a cash deposit
equal to the cash deposit rates listed
below. The relevant all-others rates
apply to producers or exporters not
specifically listed, as appropriate.
S.A. Citrique Belge N.V ........
All Others ..............................
Colombia—exporter/producer
Sucroal S.A ...........................
All Others ..............................
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Estimated
weightedaverage
AD margin
(percent)
19.30%
19.30%
Estimated
weightedaverage
AD margin
(percent)
28.48%
28.48%
Estimated
weightedaverage
AD margin
(percent)
COFCO Biochemical (Thailand) Co., Ltd ....................
Niran (Thailand) Co., Ltd ......
Sunshine Biotech International Co., Ltd ................
All Others ..............................
15.71%
13.00%
6.47%
11.25%
Notification to Interested Parties
This notice constitutes the AD orders
with respect to citric acid from Belgium,
Colombia, and Thailand, pursuant to
section 736(a) of the Act. Interested
parties can find a list of AD orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: July 19, 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—Scope of the Orders
The merchandise covered by the scope of
the Orders 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
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
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.
[FR Doc. 2018–15885 Filed 7–24–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 84–29A12]
Export Trade Certificate of Review
Notice of Application for an
Amended Export Trade Certificate of
Review by Northwest Fruit Exporters,
Application No. 84–29A12.
ACTION:
The Secretary of Commerce,
through the International Trade
Administration, Office of Trade and
Economic Analysis (‘‘OTEA’’), has
received an application for an amended
Export Trade Certificate of Review
(‘‘Certificate’’) from Northwest Fruit
Exporters. This notice summarizes the
proposed amendment and seeks public
comments on whether the amended
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of Trade
and Economic Analysis, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
VerDate Sep<11>2014
18:50 Jul 24, 2018
Jkt 244001
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
An original and five (5) copies, plus
two (2) copies of the nonconfidential
version, should be submitted no later
than 20 days after the date of this notice
to: Office of Trade and Economic
Analysis, International Trade
Administration, U.S. Department of
Commerce, Room 21028, Washington,
DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
amended Certificate. Comments should
refer to this application as ‘‘Export
Trade Certificate of Review, application
number 84–29A12.’’
A summary of the current application
follows.
Summary of the Application
Applicant: Northwest Fruit Exporters,
105 South 18th Street, Suite 227,
Yakima, WA 98901.
Contact: Fred Scarlett, Manager, (509)
576–8004.
Application No.: 84–29A12.
Date Deemed Submitted: July 10,
2018.
Proposed Amendment: Northwest
Fruit Exporters seeks to amend its
Certificate as follows:
1. Add the following companies as
new Members of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)):
• Pine Canyon Growers LLC, Orondo,
WA
• WP Packing LLC, Wapato, WA
2. Delete the following companies as
Members of the Certificate:
• Columbia Fruit Packers/Airport
Division, Wenatchee, WA
• Phillippi Fruit Company, Inc.,
Wenatchee, WA
• Western Traders LLC, E. Wenatchee,
WA
3. Change the name of the following
Members of the Certificate:
• Columbia Marketing International
Corp., Wenatchee, WA, is now named
CMI Orchards LLC, Wenatchee, WA
• Pride Packing Company, Wapato, WA,
is now named Pride Packing
Company LLC, Wapato, WA
4. Correct the name of the following
Members of the Certificate:
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Frm 00015
Fmt 4703
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• Diamond Fruit Growers, Odell, OR, is
corrected to Diamond Fruit Growers,
Inc., Odell, OR
• HoneyBear Growers, Inc., Brewster,
WA, is corrected to HoneyBear
Growers LLC, Brewster, WA
• Honey Bear Tree Fruit Co., LLC,
Wenatchee, WA, is corrected to
Honey Bear Tree Fruit Co LLC,
Wenatchee, WA
• L&M Companies, Union Gap, WA, is
corrected to L & M Companies, Union
Gap, WA
• Polehn Farm’s Inc., The Dalles, OR, is
corrected to Polehn Farms, Inc., The
Dalles, OR
• Valicoff Fruit Co., Inc., Wapato, WA,
is corrected to Valicoff Fruit Company
Inc., Wapato, WA
Northwest Fruit Exporter’s proposed
amendment of its Export Trade
Certificate of Review would result in the
following Membership list:
1. Allan Bros., Naches, WA
2. AltaFresh L.L.C. dba Chelan Fresh
Marketing, Chelan, WA
3. Apple House Warehouse & Storage, Inc.,
Brewster, WA
4. Apple King, L.L.C., Yakima, WA
5. Auvil Fruit Co., Inc., Orondo, WA
6. Baker Produce, Inc., Kennewick, WA
7. Blue Bird, Inc., Peshastin, WA
8. Blue Star Growers, Inc., Cashmere, WA
9. Borton & Sons, Inc., Yakima, WA
10. Brewster Heights Packing & Orchards, LP,
Brewster, WA
11. Broetje Orchards LLC, Prescott, WA
12. C.M. Holtzinger Fruit Co., Inc., Yakima,
WA
13. Chelan Fruit Cooperative, Chelan, WA
14. Chiawana, Inc. dba Columbia Reach Pack,
Yakima, WA
15. CMI Orchards LLC, Wenatchee, WA
16. Columbia Fruit Packers, Inc., Wenatchee,
WA
17. Columbia Valley Fruit, L.L.C., Yakima,
WA
18. Congdon Packing Co. L.L.C., Yakima, WA
19. Conrad & Adams Fruit L.L.C., Grandview,
WA
20. Cowiche Growers, Inc., Cowiche, WA
21. CPC International Apple Company,
Tieton, WA
22. Crane & Crane, Inc., Brewster, WA
23. Custom Apple Packers, Inc., Quincy and
Wenatchee, WA
24. Diamond Fruit Growers, Inc., Odell, OR
25. Domex Superfresh Growers LLC, Yakima,
WA
26. Douglas Fruit Company, Inc., Pasco, WA
27. Dovex Export Company, Wenatchee, WA
28. Duckwall Fruit, Odell, OR
29. E. Brown & Sons, Inc., Milton-Freewater,
OR
30. Evans Fruit Co., Inc., Yakima, WA
31. E.W. Brandt & Sons, Inc., Parker, WA
32. Frosty Packing Co., LLC, Yakima, WA
33. G&G Orchards, Inc., Yakima, WA
34. Gilbert Orchards, Inc., Yakima, WA
35. Hansen Fruit & Cold Storage Co., Inc.,
Yakima, WA
36. Henggeler Packing Co., Inc., Fruitland, ID
37. Highland Fruit Growers, Inc., Yakima,
WA
E:\FR\FM\25JYN1.SGM
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Agencies
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35214-35216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15885]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-813, A-301-803, and A-549-833]
Citric Acid and Certain Citrate Salts From Belgium, Colombia and
Thailand: Antidumping Duty Orders
AGENCY: 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 antidumping duty (AD) orders on citric acid and
certain citrate salts (citric acid) from Belgium, Colombia and
Thailand.
DATES: Applicable July 25, 2018.
FOR FURTHER INFORMATION CONTACT: Paul Stolz (Belgium), Stephanie Moore
(Colombia) or Joy Zhang (Thailand); 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, (202) 482-3692, (202) 482-1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2018, in accordance with sections 735(d) and 777(i)(1)
of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(c),
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of citric acid from Belgium,
Colombia and Thailand.\1\ On July 10, 2018, the ITC notified Commerce
of its affirmative final determination, pursuant to section 735(d) of
the Act, that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of
the LTFV imports of citric acid from Belgium, Colombia, and Thailand,
and its determination that critical circumstances do not exist with
respect to imports of citric acid from Thailand subject to Commerce's
affirmative critical circumstances determination.\2\ On July 16, 2018,
the ITC published its final determination in the Federal Register.\3\
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts from Belgium:
Affirmative Final Determination of Sales at Less Than Fair Value, 83
FR 26001 (June 5, 2018) (Belgium Final Determination); see also
Citric Acid and Certain Citrate Salts from Colombia: Affirmative
Final Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances, 83 FR 26002 (June
5, 2018) (Colombia Final Determination); and Citric Acid and Certain
Citrate Salts from Thailand: Affirmative Final Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances in Part, 83 FR 25998 (June 5, 2018) (Thailand
Final Determination).
\2\ See Letter from the ITC to the Honorable Gary Taverman,
dated July 10, 2018 (Notification of ITC Final Determination); see
also Citric Acid from Belgium, Colombia, and Thailand, Investigation
Nos. 731-TA-1374-1376 (Final) (July 2018). On October 20, 2017, the
petitioners submitted a timely filed critical circumstances
allegation with respect to imports from Colombia and Thailand.
Commerce subsequently issued a negative critical circumstances
determination with regard to the investigation for Colombia and,
thus, the ITC did not address critical circumstances for Colombia in
its final injury determination.
\3\ See Citric Acid from Belgium, Colombia, and Thailand;
Determinations, 83 FR 32905 (July 16, 2018).
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[[Page 35215]]
Scope of the Order
The product covered by these orders is citric acid from Belgium,
Colombia, and Thailand. For a complete description of the scope of
these orders, see the Appendix to this notice.
Antidumping Duty Orders
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified Commerce of its final determination in these
investigations that an industry in the United States is materially
injured by reason of imports of citric acid from Belgium, Colombia, and
Thailand.\4\ The ITC also notified Commerce of its determination that
critical circumstances do not exist with respect to imports of citric
acid from Thailand subject to Commerce's critical circumstances
finding.\5\ Therefore, in accordance with section 735(c)(2) of the Act,
Commerce is issuing these AD orders. Because the ITC determined that
imports of citric acid from Belgium, Colombia, and Thailand are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Belgium, Colombia, and Thailand, entered or withdrawn
from warehouse for consumption, are subject to the assessment of
antidumping duties. Therefore, in accordance with section 736(a)(1) of
the Act, Commerce will direct U.S. Customs and Border Protection (CBP)
to assess, upon further instruction by Commerce, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of citric acid from Belgium,
Colombia, and Thailand. Antidumping duties will be assessed on
unliquidated entries of citric acid from Belgium, Colombia, and
Thailand entered, or withdrawn from warehouse for consumption, on or
after January 8, 2018, the date on which Commerce published its
preliminary determinations in the Federal Register.\6\
---------------------------------------------------------------------------
\4\ See Notification of ITC Final Determination.
\5\ Id.
\6\ See 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, 83 FR 787 (January 1, 2018); see also Citric
Acid and Certain Citrate Salts from Colombia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Critical Circumstances Determination
Postponement of Final Determination, and Extension of Provisional
Measures, 83 FR 791 (January 1, 2018), and Citric Acid and Certain
Citrate Salts from Thailand: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary Affirmative Critical
Circumstances Determination, in Part, and Postponement of Final
Determination and Extension of Provisional Measures, 83 FR 784
(January 1, 2018).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of citric acid from Belgium, Colombia, and Thailand. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits for
estimated antidumping duties equal to the estimated cash deposit rates
indicated below. Accordingly, effective the date of publication of the
ITC's final affirmative injury determination, CBP will require, at the
same time as importers would normally deposit estimated duties on the
subject merchandise, a cash deposit equal to the cash deposit rates
listed below. The relevant all-others rates apply to producers or
exporters not specifically listed, as appropriate.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination regarding imports of citric acid from Thailand, Commerce
will instruct CBP to lift suspension and refund any cash deposits made
to secure payment of estimated antidumping duties on subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after October 10, 2017, (i.e., 90 days prior to the date of publication
of the Thailand preliminary determination), but before January 8, 2018,
(i.e., the date of publication of the Thailand preliminary
determination).
Estimated Weighted-Average Dumping Margins
The estimated weighted-average AD margins and cash deposit rates
are as follows:
------------------------------------------------------------------------
Estimated
weighted-
Belgium--exporter/producer average AD
margin
(percent)
------------------------------------------------------------------------
S.A. Citrique Belge N.V................................. 19.30%
All Others.............................................. 19.30%
------------------------------------------------------------------------
------------------------------------------------------------------------
Estimated
weighted-
Colombia--exporter/producer average AD
margin
(percent)
------------------------------------------------------------------------
Sucroal S.A............................................. 28.48%
All Others.............................................. 28.48%
------------------------------------------------------------------------
------------------------------------------------------------------------
Estimated
weighted-
Thailand--exporter/producer average AD
margin
(percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd................... 15.71%
Niran (Thailand) Co., Ltd............................... 13.00%
Sunshine Biotech International Co., Ltd................. 6.47%
All Others.............................................. 11.25%
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD orders with respect to citric acid
from Belgium, Colombia, and Thailand, pursuant to section 736(a) of the
Act. Interested parties can find a list of AD orders currently in
effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: July 19, 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--Scope of the Orders
The merchandise covered by the scope of the Orders 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
[[Page 35216]]
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.
[FR Doc. 2018-15885 Filed 7-24-18; 8:45 am]
BILLING CODE 3510-DS-P