Citric Acid and Certain Citrate Salts From the People's Republic of China: Final Results of Second Expedited Sunset Review of Antidumping Duty Order, 50009-50010 [2020-17920]

Download as PDF Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Notices other party requested an administrative review of these companies. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. The request for an administrative review of the following companies was withdrawn within 90 days of the date of publication of the Initiation Notice: International Paper do Brasil Ltda. and International Paper Exportadora Ltda.4 As a result, Commerce is rescinding this review with respect to these two companies, in accordance with 19 CFR 351.213(d)(1). The review will continue with respect to Suzano S.A.5 Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse for consumption, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a final 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 presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a 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, which continues to govern business proprietary 4 See Petitioners’ Letter, ‘‘Uncoated Paper From Brazil/Partial Withdrawal Of Request For Administrative Review Of The Antidumping Order,’’ dated July 28, 2020. 5 See Initiation Notice, 85 FR at 26933. VerDate Sep<11>2014 17:13 Aug 14, 2020 Jkt 250001 information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). Dated: August 12, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–17923 Filed 8–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–937] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Final Results of Second Expedited Sunset Review of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on citric acid and certain citrate salts from the People’s Republic of China (China) would be likely to lead to a continuation or recurrence of dumping, at the levels identified in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable August 17, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936 or (202) 482–2638, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 29, 2009, Commerce published in the Federal Register a notice of the AD order on citric acid and certain citrate salts from China.1 On 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) (Order). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 50009 May 1, 2020, Commerce published its initiation of the second sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On May 18, 2020, Commerce received a timely and complete notice of intent to participate in the sunset review in relation to the order on subject merchandise from China from domestic interested parties 3 within the deadline specified in 19 CFR 351.218(d)(1)(i).4 The domestic interested parties claimed interested party status pursuant to section 771(9)(C) of the Act as manufacturers in the United States of the domestic like product.5 On June 1, 2020, the domestic interested parties filed a timely and adequate substantive response within the deadline specified in 19 CFR 351.218(d)(3)(i).6 Commerce did not receive substantive responses from any respondent interested party with respect to the Order covered by this sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The scope of the order 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 of the order 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 of the order does not include calcium citrate that satisfies the 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 25386 (May 1, 2020). 3 The domestic interested parties are Archer Daniels Midland Company; Cargill, Incorporated; and Tate & Lyle Ingredients Americas LLC (collectively, domestic interested parties). 4 See Domestic Interested Parties’ Letter, ‘‘Second Five-Year (‘Sunset’) Review Of Antidumping And Countervailing Duty Orders On Citric Acid And Certain Citrate Salts from the People’s Republic of China: Domestic Industry’s Notice Of Intent To Participate,’’ dated May 18, 2020. 5 Id. at 2. 6 See Domestic Interested Parties’ Letter, ‘‘Second Five-Year (‘Sunset’) Review Of Antidumping Duty Order On Citric Acid And Certain Citrate Salts from the People’s Republic of China: Domestic Industry’s Substantive Response,’’ dated June 1, 2020. E:\FR\FM\17AUN1.SGM 17AUN1 50010 Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Notices 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. The scope of the order 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. 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 3824.90.9290 of the HTSUS, respectively. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the Order and the magnitude of the margins likely to prevail if the Order were to be revoked, is provided in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. 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. 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. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order on citric acid and certain citrate salts from China would be likely to lead to a continuation or recurrence of dumping, and that the magnitude of the VerDate Sep<11>2014 17:13 Aug 14, 2020 Jkt 250001 dumping margins likely to prevail is up to 156.87 percent. Notification Regarding Administrative Protective Orders This notice also 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 an APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials, or conversion to judicial protective orders, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(f)(3). Dated: August 11, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues A. Likelihood of Continuation or Recurrence of Dumping B. Magnitude of the Dumping Margins Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–17920 Filed 8–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA298] Taking and Importing of Marine Mammals National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; 5-year affirmative findings for Ecuador, Guatemala, Mexico, and Spain. AGENCY: The NMFS Assistant Administrator (Assistant Administrator) has issued new 5-year affirmative SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 findings for the Governments of Ecuador, Guatemala, Mexico, and Spain (referred to hereafter as ‘‘The Nations’’) under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by purse seine vessels operating under The Nations’ jurisdiction or exported from The Nations. NMFS bases the affirmative finding determination on reviews of documentary evidence submitted by the Government of The Nations and of information obtained from the InterAmerican Tropical Tuna Commission (IATTC). DATES: These affirmative findings are effective for the 5-year period of April 1, 2020, through March 31, 2025. FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, National Marine Fisheries Service, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802. Phone: 562–980–3264. Email: justin.greenman@noaa.gov. SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows for importation into the United States of yellowfin tuna harvested by purse seine vessels in the ETP from a nation with jurisdiction over purse seine vessels with carrying capacity greater than 400 short tons that harvest tuna in the ETP only if the nation has an ‘‘affirmative finding’’ issued by the NMFS Assistant Administrator. See section 101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B); see also 50 CFR 216.24(f)(6)(i). If requested by the government of such a nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the government, the IATTC, or the Department of State. The affirmative finding process requires that the harvesting nation is meeting its obligations under the AIDCP and its obligations of membership in the IATTC. Every 5 years, the government of the harvesting nation must request a new affirmative finding and submit the required documentary evidence directly to the Assistant Administrator. On an annual basis, NMFS reviews the affirmative finding and determines whether the harvesting nation continues to meet the requirements. A nation may provide information related to compliance with AIDCP and IATTC measures directly to NMFS on an annual basis or may authorize the IATTC to release the information to E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50009-50010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17920]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-937]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Final Results of Second Expedited Sunset Review of 
Antidumping Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty (AD) order on 
citric acid and certain citrate salts from the People's Republic of 
China (China) would be likely to lead to a continuation or recurrence 
of dumping, at the levels identified in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 29, 2009, Commerce published in the Federal Register a 
notice of the AD order on citric acid and certain citrate salts from 
China.\1\ On May 1, 2020, Commerce published its initiation of the 
second sunset review of the Order, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ On May 18, 2020, Commerce 
received a timely and complete notice of intent to participate in the 
sunset review in relation to the order on subject merchandise from 
China from domestic interested parties \3\ within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\4\ The domestic interested 
parties claimed interested party status pursuant to section 771(9)(C) 
of the Act as manufacturers in the United States of the domestic like 
product.\5\
---------------------------------------------------------------------------

    \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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 25386 
(May 1, 2020).
    \3\ The domestic interested parties are Archer Daniels Midland 
Company; Cargill, Incorporated; and Tate & Lyle Ingredients Americas 
LLC (collectively, domestic interested parties).
    \4\ See Domestic Interested Parties' Letter, ``Second Five-Year 
(`Sunset') Review Of Antidumping And Countervailing Duty Orders On 
Citric Acid And Certain Citrate Salts from the People's Republic of 
China: Domestic Industry's Notice Of Intent To Participate,'' dated 
May 18, 2020.
    \5\ Id. at 2.
---------------------------------------------------------------------------

    On June 1, 2020, the domestic interested parties filed a timely and 
adequate substantive response within the deadline specified in 19 CFR 
351.218(d)(3)(i).\6\ Commerce did not receive substantive responses 
from any respondent interested party with respect to the Order covered 
by this sunset review. As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an 
expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \6\ See Domestic Interested Parties' Letter, ``Second Five-Year 
(`Sunset') Review Of Antidumping Duty Order On Citric Acid And 
Certain Citrate Salts from the People's Republic of China: Domestic 
Industry's Substantive Response,'' dated June 1, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The scope of the order 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 of the order 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 of the 
order does not include calcium citrate that satisfies the

[[Page 50010]]

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. The scope of the order 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. 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 3824.90.9290 of the HTSUS, respectively. Blends that include citric 
acid, sodium citrate, and potassium citrate are classifiable under 
3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided 
for convenience and customs purposes, our written description of the 
scope is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Order and the magnitude of the margins 
likely to prevail if the Order were to be revoked, is provided in the 
Issues and Decision Memorandum. A list of the topics discussed in the 
Issues and Decision Memorandum is attached as an appendix to this 
notice. 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. 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.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order on citric acid and 
certain citrate salts from China would be likely to lead to a 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail is up to 156.87 percent.

Notification Regarding Administrative Protective Orders

    This notice also 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 an APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective orders, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218(f)(3).

    Dated: August 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    A. Likelihood of Continuation or Recurrence of Dumping
    B. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-17920 Filed 8-14-20; 8:45 am]
BILLING CODE 3510-DS-P
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