Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 38677-38678 [2021-15585]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38677-38678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15585]



[[Page 38677]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-803]


Citric Acid and Certain Citrate Salts From Colombia: 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 Sucroal S.A. (Sucroal) sold 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:

Background

    On July 25, 2018, Commerce published the antidumping duty (AD) 
order on citric acid and certain citrate salts (citric acid) from 
Colombia 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, Sucroal responded to 
Commerce's questionnaire and supplemental questionnaires. On March 4, 
2021, Commerce extended the deadline for issuing the preliminary 
results of this review.\3\ For further details, see the accompanying 
Preliminary Decision Memorandum.\4\
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    \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 
Colombia: 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 Colombia,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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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\
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    \5\ Id.
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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-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Sucroal S.A................................................        2.50
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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\
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    \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).
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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 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.
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    \11\ See 19 CFR 351.310(c).
    \12\ 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

[[Page 38678]]

the issues raised in any of the written briefs, no later than 120 days 
after the date of publication of this notice, unless otherwise 
extended.\13\
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    \13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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 Sucroal (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 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\
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    \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).
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    For entries of subject merchandise during the POR produced by 
Sucroal 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\
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 Sucroal 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 28.48 percent, 
the rate established in the investigation of this proceeding.\17\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See Order, 83 FR at 35215.
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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. 2021-15585 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P