Citric Acid and Certain Citrate Salts From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 38681-38683 [2021-15583]
Download as PDF
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices
Disclosure
We intend to disclose the calculations
performed for these amended final
results in accordance with 19 CFR
351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review.
In accordance with 19 CFR
351.212(b)(1), where Dongkuk reported
the entered value of its U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where
Dongkuk did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
either Dongkuk’s weighted-average
dumping margin is zero or de minimis
within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average of the cash deposit rates
calculated for Dongkuk and Dongbu
Steel Co., Ltd.5 The amended final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the amended final results of
this review and for future deposits of
estimated duties, where applicable.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
5 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain CorrosionResistant Steel Products from the Republic of Korea:
Amended Final Results Calculation for All Others,’’
dated concurrently with this Federal Register
notice.
VerDate Sep<11>2014
17:10 Jul 21, 2021
Jkt 253001
We intend to issue liquidation
instructions for Dongkuk and the
companies covered by the non-reviewed
companies’ rate to CBP 35 days after
publication of these amended final
results of this administrative review. 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 for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after May 27,
2021, the date of publication date of the
Final Results of this administrative
review, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for each specific company
listed above will be that established in
the amended final results; (2) for
previously reviewed or investigated
companies, including those for which
Commerce may have determined had no
shipments during the POR, 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 company
participated; (3) if the exporter is not a
firm covered in this or an earlier review,
or the original less-than-fair-value
(LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 8.31 percent
established in the LTFV investigation.6
These deposit requirements, when
imposed, shall remain in effect until
further 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 Commerce’s presumption that
6 See Certain Corrosion-Resistant Steel Products
From the Republic of Korea: Notice of Court
Decision Not in Harmony With Final Determination
of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
38681
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary 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
We are issuing and publishing these
amended final results of review in
accordance with sections 751(h) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: July 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–15586 Filed 7–21–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–813]
Citric Acid and Certain Citrate Salts
From Belgium: 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 S.A. Citrique Belge N.V. (Citrique
Belge) did not sell subject merchandise
in the United States at prices below
normal value during the July 1, 2019,
through June 30, 2020 period of review
(POR). We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 22, 2021.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, 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) 482–1671.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\22JYN1.SGM
22JYN1
38682
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices
Background
On July 25, 2018, Commerce
published the antidumping duty (AD)
order on citric acid and certain citrate
salts (citric acid) from Belgium in the
Federal Register.1 On September 3,
2020, pursuant to section 751(a)(1) of
the Tariff Act of 1930, as amended (the
Act), Commerce initiated an AD
administrative review of the Order.2
During the course of this administrative
review, Citrique Belge responded to
Commerce’s questionnaire and
supplemental questionnaires. On March
13, 2021, Commerce extended the
deadline for issuing the preliminary
results of this review.3 For further
details, see the accompanying
Preliminary Decision Memorandum.4
lotter on DSK11XQN23PROD with NOTICES1
Scope of the 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.
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.5
1 See Citric Acid and Certain Citrate Salts from
Belgium, Colombia and Thailand: Antidumping
Duty Orders, 83 FR 35214 (July 25, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020).
3 See Memorandum, ‘‘Citric Acid and Certain
Citrate Salts from Belgium: Antidumping Duty
Administrative Review; 2019–2020 Extension of
Deadline for Preliminary Results,’’ dated March 4,
2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Antidumping Duty Administrative Review: Citric
Acid and Certain Citrate Salts from Belgium,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 Id.
VerDate Sep<11>2014
17:10 Jul 21, 2021
Jkt 253001
argument, and (3) a table of authorities.8
Executive Summaries should be limited
Commerce is conducting this review
to five pages total, including footnotes.
in accordance with section 751(a) of the Case and rebuttal briefs should be filed
Act. Export price has been calculated in using ACCESS 9 and must be served on
accordance with section 772 of the Act
interested parties.10
and normal value was calculated in
Pursuant to 19 CFR 351.310(c),
accordance with section 773 of the Act.
interested parties who wish to request a
For a full description of the
hearing must submit a written request to
methodology underlying our
the Assistant Secretary for Enforcement
conclusions, see the Preliminary
and Compliance, filed electronically via
Decision Memorandum. A list of the
ACCESS. An electronically-filed request
topics discussed in the Preliminary
must be received successfully in its
Decision Memorandum is attached as an entirely by 5:00 p.m. Eastern Time
appendix to this notice. The Preliminary within 30 days of the date of publication
Decision Memorandum is a public
of this notice in the Federal Register.11
document and is on file electronically
Requests should contain: (1) The party’s
via Enforcement and Compliance’s
name, address, and telephone number;
Antidumping and Countervailing Duty
(2) the number of participants; and (3)
Centralized Electronic Service System
a list of the issues to be discussed. If a
(ACCESS). ACCESS is available to
request for a hearing is made, Commerce
registered users at https://
intends to hold the hearing at a time and
access.trade.gov. In addition, a complete date to be determined.12 Parties should
version of the Preliminary Decision
confirm the date, time and location of
Memorandum can be accessed directly
the hearing by telephone two days
at https://enforcement.trade.gov/frn/.
before the scheduled date.
Commerce intends to issue the final
Preliminary Results of the Review
results of this administrative review,
including the results of our analysis of
Commerce preliminarily determines
the issues raised in any the written
that the following weighted-average
briefs, no later than 120 days after the
dumping margin exists for the period
date of publication of this notice, unless
July 1, 2019, through June 30, 2020:
otherwise extended.13
Methodology
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
S.A. Citrique Belge N.V ........
0.00
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in these
preliminary results to parties in this
proceeding within five days of the date
of publication of this notice.6 Pursuant
to 19 CFR 351.309(c), interested parties
may submit case briefs not later than 30
days after the date of publication of this
notice. 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.7 Parties who submit
case briefs or rebuttal briefs in this
proceeding are requested to submit with
each argument: (1) A statement of the
issue, (2) a brief summary of the
19 CFR 351.224(b).
19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect)’’); and Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
6 See
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If the weighted-average
dumping margin for Citrique Belge (i.e.,
the sole individually-examined
respondent in this review) is not zero or
de minimis (i.e., greater than or equal to
0.5 percent) in the final results of this
review, we will calculate importerspecific ad valorem assessment rates for
the merchandise based on the ratio of
the total amount of dumping calculated
for the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
Where an importer-specific ad valorem
assessment rate is zero or de minimis in
the final results of the review, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.14 If a respondent’s weightedaverage dumping margin is zero or de
7 See
Frm 00008
Fmt 4703
Sfmt 4703
8 See
19 CFR 351.309(c)(2) and (d)(2).
generally 19 CFR 351.303.
10 See 19 CFR 351.303(f).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
13 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
14 See 19 CFR 351.106(c)(2).
9 See
E:\FR\FM\22JYN1.SGM
22JYN1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices
minimis in the final results of the
review, we will instruct CBP not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the
exporter is determined to be zero or de
minimis, no antidumping duties will be
assessed.’’ 15
For entries of subject merchandise
during the POR produced by Citrique
Belge for which the producer did not
know its merchandise was destined for
the United States, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
intermediate company (or companies)
involved in the transaction.16
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
lotter on DSK11XQN23PROD with NOTICES1
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Citrique Belge will
be equal to the weighted-average
dumping margin established in the final
results of this administrative review,
except if the rate is less than 0.50
percent, and therefore de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not listed above, 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 company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or in the investigation but the
15 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Sep<11>2014
17:10 Jul 21, 2021
Jkt 253001
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 19.30 percent,
the rate established in the investigation
of this proceeding.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(1).
Dated: July 16, 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. Duty Absorption
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2021–15583 Filed 7–21–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–875]
Fine Denier Polyester Staple Fiber
From India: Preliminary Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has preliminarily assigned
Reliance Industries Limited (RIL), the
sole respondent subject to this
antidumping duty (AD) administrative
AGENCY:
PO 00000
17 See
Order, 83 FR at 35215.
Frm 00009
Fmt 4703
Sfmt 4703
38683
review, an AD margin based upon the
application of total adverse facts
available (AFA). The period of review
(POR) is July 1, 2019, through June 30,
2020.
DATES: Applicable July 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Paola Aleman Ordaz, 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) 482–4031.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2020, Commerce
published in the Federal Register the
notice of initiation of an AD
administrative review of fine denier
polyester staple fiber (fine denier PSF)
from India, covering RIL.1
On March 24, 2021, Commerce
extended the deadline for issuing the
preliminary results of this review from
to April 2, 2021, to July 30, 2021.2
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.3
Scope of the Order
The product covered by this review is
fine denier polyester staple fiber from
India. For a complete description of the
scope, 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). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020).
2 See Memorandum, ‘‘Fine Denier Polyester
Staple Fiber from India: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 24, 2021.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Antidumping Duty Administrative Review of Fine
Denier Polyester Staple Fiber from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\22JYN1.SGM
22JYN1
Agencies
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38681-38683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15583]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-813]
Citric Acid and Certain Citrate Salts From Belgium: 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 S.A. Citrique Belge N.V. (Citrique Belge) did not sell subject
merchandise in the United States at prices below normal value during
the July 1, 2019, through June 30, 2020 period of review (POR). We
invite interested parties to comment on these preliminary results.
DATES: Applicable July 22, 2021.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-1671.
SUPPLEMENTARY INFORMATION:
[[Page 38682]]
Background
On July 25, 2018, Commerce published the antidumping duty (AD)
order on citric acid and certain citrate salts (citric acid) from
Belgium in the Federal Register.\1\ On September 3, 2020, pursuant to
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an AD administrative review of the Order.\2\ During
the course of this administrative review, Citrique Belge responded to
Commerce's questionnaire and supplemental questionnaires. On March 13,
2021, Commerce extended the deadline for issuing the preliminary
results of this review.\3\ For further details, see the accompanying
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``Citric Acid and Certain Citrate Salts from
Belgium: Antidumping Duty Administrative Review; 2019-2020 Extension
of Deadline for Preliminary Results,'' dated March 4, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Antidumping Duty Administrative Review:
Citric Acid and Certain Citrate Salts from Belgium,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the 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.
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.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price has been calculated in accordance with
section 772 of the Act and normal value was calculated 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 the 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
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2019, through June
30, 2020:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
------------------------------------------------------------------------
S.A. Citrique Belge N.V................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\6\ Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs not later than 30
days after the date of publication of this notice. 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.\7\ Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each argument: (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities.\8\ Executive
Summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \9\ and must be
served on interested parties.\10\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)''); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See generally 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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 must be received successfully
in its entirely by 5:00 p.m. Eastern Time within 30 days of the date of
publication of this notice in the Federal Register.\11\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of the issues to be discussed.
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined.\12\ Parties should confirm
the date, time and location of the hearing by telephone two days before
the scheduled date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any the written briefs, no later than 120 days after the date of
publication of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for Citrique Belge (i.e., the sole individually-examined
respondent in this review) is not zero or de minimis (i.e., greater
than or equal to 0.5 percent) in the final results of this review, we
will calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). Where an importer-specific ad valorem assessment
rate is zero or de minimis in the final results of the review, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\14\ If a respondent's weighted-average dumping
margin is zero or de
[[Page 38683]]
minimis in the final results of the review, we will instruct CBP not to
assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \15\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.106(c)(2).
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
Citrique Belge for which the producer did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company (or companies) involved in the transaction.\16\
---------------------------------------------------------------------------
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Citrique Belge
will be equal to the weighted-average dumping margin established in the
final results of this administrative review, except if the rate is less
than 0.50 percent, and therefore de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not listed above,
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 company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be the all-others rate of 19.30 percent,
the rate established in the investigation of this proceeding.\17\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\17\ See Order, 83 FR at 35215.
---------------------------------------------------------------------------
Notification to Importers
This notice 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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(1).
Dated: July 16, 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. Duty Absorption
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2021-15583 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P