Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 17122-17124 [2021-06730]
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17122
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Notices
selected population groups of interest.
Government planners and researchers
use these data to monitor and evaluate
the effectiveness of various assistance
programs. Market researchers use these
data to identify and isolate potential
customers. Social planners use these
data to forecast economic conditions
and to identify special groups that seem
to be especially sensitive to economic
fluctuations. Economists use ASEC data
to determine the effects of various
economic forces, such as inflation,
recession, recovery, and so on, and their
differential effects on various
population groups.
The ASEC is the official source of
national poverty estimates calculated in
accordance with the Office of
Management and Budget’s Statistical
Policy Directive 14. Two other
important national estimates derived
from the ASEC are real median
household income and the number and
percent of individuals without health
insurance coverage.
The ASEC also contains questions
related to: (1) Medical expenditures; (2)
presence and cost of a mortgage on
property; (3) child support payments;
and (4) amount of child care assistance
received. These questions enable
analysts and policymakers to obtain
better estimates of family and household
income, and more precisely gauge
poverty status.
jbell on DSKJLSW7X2PROD with NOTICES
II. Method of Collection
The ASEC information will be
collected by both personal visit and
telephone interviews in conjunction
with the regular February, March and
April CPS interviewing. All interviews
are conducted using computer-assisted
interviewing.
III. Data
OMB Control Number: 0607–0354.
Form Number(s): None.
Type of Review: Regular submission.
Request for an Extension, without
Change, of a Currently Approved
Collection.
Affected Public: Households.
Estimated Number of Respondents:
78,000.
Estimated Time per Response: 25
mintues.
Estimated Total Annual Burden
Hours: 32,500.
Estimated Total Annual Cost to
Public: $0 (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
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Respondent’s Obligation: Voluntary.
Legal Authority: Title 13, United
States Code, Sections 141 and 182; and
Title 29, United States Code, Sections
1–9.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–06753 Filed 3–31–21; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–833]
Citric Acid and Certain Citrate Salts
From Thailand: Preliminary Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of citric acid and certain
citrate salts (citric acid) from Thailand
have not been made at less than normal
AGENCY:
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value (NV) by COFCO Biochemical
(Thailand) Co., Ltd. (COFCO) or
Sunshine Biotech International Co., Ltd.
(Sunshine) during the period of review
(POR) July 1, 2019, through June 30,
2020. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 1, 2021.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or Patrick Barton, 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) 482–1168 or (202) 482–8362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2020, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the
antidumping duty (AD) order on citric
acid from Thailand, covering three
companies: COFCO, Niran (Thailand)
Co., Ltd. (Niran), and Sunshine.1
Commerce rescinded this review, in
part, with respect to Niran on February
3, 2021.2 For a complete description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3
Scope of the Order 4
The merchandise covered by this
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.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020); see also Memorandum,
‘‘Antidumping Duty Administrative Review of
Citric Acid and Certain Citrate Salts from Thailand;
2019–2020: Selection of Respondents for Individual
Examination,’’ dated September 17, 2020.
2 See Citric Acid and Certain Citrate Salts from
Thailand: Partial Rescission of Antidumping Duty
Administrative Review, 2019–2020, 86 FR 7989
(February 3, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Citric Acid and Certain
Citrate Salts from Thailand; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Citric Acid and Certain Citrate Salts from
Belgium, Colombia, and Thailand: Antidumping
Duty Orders, 83 FR 35214 (July 25, 2018) (Order).
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Notices
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. For a full description of the
scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). We calculated export price
and constructed export price in
accordance with section 772 of the Act.
We calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
A list of topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins
exist for the POR:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
jbell on DSKJLSW7X2PROD with NOTICES
COFCO Biochemical (Thailand)
Co., Ltd. (COFCO) ..................
Sunshine Biotech International
Co., Ltd ...................................
Cash Deposit Requirements
The following cash deposit
0.00 requirements will be effective upon
publication of the notice of final results
0.00
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
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19:02 Mar 31, 2021
Jkt 253001
appropriate entries covered by this
review.
If the weighted-average dumping
margin for companies listed above are
not zero or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific ad valorem AD assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1).5 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.5 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.6
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
which did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate established in the original
less-than-fair value (LTFV) investigation
(i.e., 11.25 percent) if there is no rate for
the intermediate company(ies) involved
in the transaction.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
of administrative review for all
shipments of citric acid from Thailand
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results, as
provided by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for the
firms listed above will be equal to the
dumping margins established in the
final results of this review, except if the
ultimate rates are de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original LTFV
investigation but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 11.25 percent, the all-others rate
established in the LTFV investigation.7
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
Commerce intends to disclose to the
parties to the proceeding the
calculations performed in connection
with these preliminary results to
interested parties within five days of
publication of this notice.8
Interested parties may submit case
briefs to Commerce in response to these
preliminary results no later than 30 days
after the publication of this notice.9
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the date for filing
case briefs.10 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
7 See
Order.
19 CFR 351.224(b).
9 See 19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
8 See
5 In the preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
6 See section 751(a)(2)(C) of the Act.
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Notices
authorities.11 Case and rebuttal briefs
should be filed using ACCESS.12 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.14 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.15
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.16
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
jbell on DSKJLSW7X2PROD with NOTICES
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h)(1).
11 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
12 See generally 19 CFR 351.303.
13 See Temporary Rule.
14 See 19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
15 See 19 CFR 351.310(d).
16 See section 751(a)(3)(A) of the Act.
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19:02 Mar 31, 2021
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Dated: March 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021–06730 Filed 3–31–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders and
findings with February anniversary
dates. In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable April 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders and
findings with February anniversary
dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
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Fmt 4703
Sfmt 4703
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.1 Such
submissions are subject to verification
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 30 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Agencies
[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Notices]
[Pages 17122-17124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06730]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of citric acid and certain citrate salts (citric acid) from
Thailand have not been made at less than normal value (NV) by COFCO
Biochemical (Thailand) Co., Ltd. (COFCO) or Sunshine Biotech
International Co., Ltd. (Sunshine) during the period of review (POR)
July 1, 2019, through June 30, 2020. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 1, 2021.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Patrick Barton, 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) 482-1168 or (202) 482-8362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2020, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the antidumping duty (AD) order on citric acid
from Thailand, covering three companies: COFCO, Niran (Thailand) Co.,
Ltd. (Niran), and Sunshine.\1\ Commerce rescinded this review, in part,
with respect to Niran on February 3, 2021.\2\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020); see also
Memorandum, ``Antidumping Duty Administrative Review of Citric Acid
and Certain Citrate Salts from Thailand; 2019-2020: Selection of
Respondents for Individual Examination,'' dated September 17, 2020.
\2\ See Citric Acid and Certain Citrate Salts from Thailand:
Partial Rescission of Antidumping Duty Administrative Review, 2019-
2020, 86 FR 7989 (February 3, 2021).
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Citric Acid and
Certain Citrate Salts from Thailand; 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Order).
---------------------------------------------------------------------------
The merchandise covered by this 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.
[[Page 17123]]
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 sub-headings are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export price and constructed export price in accordance with
section 772 of the Act. We calculated NV in accordance with section 773
of the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
A list of topics discussed in the Preliminary Decision Memorandum
is attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO).............. 0.00
Sunshine Biotech International Co., Ltd..................... 0.00
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for companies listed above
are not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific ad valorem AD assessment rates based on the
ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\5\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.5 percent). Where
either the respondent's weighted-average dumping margin is zero or de
minimis, or an importer-specific assessment rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\6\
---------------------------------------------------------------------------
\5\ In the preliminary results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
\6\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate established in the original less-than-fair value
(LTFV) investigation (i.e., 11.25 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of citric acid from Thailand entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results, as provided by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the firms listed above will be equal to the
dumping margins established in the final results of this review, except
if the ultimate rates are de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rates will be zero; (2)
for merchandise exported by producers or exporters not covered in this
administrative review but covered in a prior segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original LTFV
investigation but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
11.25 percent, the all-others rate established in the LTFV
investigation.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Order.
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Disclosure and Public Comment
Commerce intends to disclose to the parties to the proceeding the
calculations performed in connection with these preliminary results to
interested parties within five days of publication of this notice.\8\
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\8\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs to Commerce in response
to these preliminary results no later than 30 days after the
publication of this notice.\9\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the date for filing case briefs.\10\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of
[[Page 17124]]
authorities.\11\ Case and rebuttal briefs should be filed using
ACCESS.\12\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\12\ See generally 19 CFR 351.303.
\13\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\14\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\15\
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\14\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of these preliminary results in the Federal Register,
unless otherwise extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h)(1).
Dated: March 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021-06730 Filed 3-31-21; 8:45 am]
BILLING CODE 3510-DS-P