Citric Acid and Certain Citrate Salts From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2021-2022, 43551-43552 [2023-14621]
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)] [Notices] [Pages 43551-43552] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-14621] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-937] Citric Acid and Certain Citrate Salts From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2021-2022 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that RZBC Group Co., Ltd., RZBC Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC) did not make sales of citric acid and certain citrate salts (citric acid) from the People's Republic of China (China) at less than normal value during the period of review (POR) May 1, 2021, through April 30, 2022. DATES: Applicable July 11, 2023. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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) 482-5831. SUPPLEMENTARY INFORMATION: Background On May 29, 2009, Commerce published in the Federal Register the antidumping duty order on citric acid from China.\1\ On May 2, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.\2\ On July 14, 2022, based on a timely request for an administrative review, Commerce initiated the administrative review of the Order.\3\ The administrative review covers a sole mandatory respondent, RZBC.\4\ --------------------------------------------------------------------------- \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 Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2, 2022). \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 42144 (July 14, 2022). \4\ See Memorandum, ``Respondent Selection,'' dated August 26, 2022. --------------------------------------------------------------------------- On January 6, 2023, Commerce extended the deadline for these preliminary results to May 31, 2023.\5\ For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.\6\ --------------------------------------------------------------------------- \5\ See Memorandum, ``Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,'' dated January 6, 2023. \6\ See Memorandum, ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Citric Acid and Certain Citrate Salts from the People's Republic of China; 2021- 2022,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The products covered by this Order are citric acid from China. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.\7\ --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- China-Wide Entity Commerce's policy regarding the conditional review of the China- wide entity applies to this administrative review.\8\ Under this policy, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity's assessment rate (i.e., 156.87) is not subject to change.\9\ --------------------------------------------------------------------------- \8\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). \9\ See Order. --------------------------------------------------------------------------- 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. 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. A list of topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx. Preliminary Results of the Administrative Review Commerce preliminarily determines that the following weighted- average dumping margins exist for the administrative review covering the period May 1, 2021, through April 30, 2022: ------------------------------------------------------------------------ Weighted-average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ RZBC................................................ 0.00 ------------------------------------------------------------------------ Disclosure Commerce intends to disclose to parties to the proceeding the calculations performed for these preliminary results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no 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 not later than seven days after the date for filing case briefs.\10\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs.\11\ 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 authorities.\12\ Commerce modified certain of its requirements for serving documents containing business proprietary information until further notice.\13\ --------------------------------------------------------------------------- \10\ 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).''). \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). \12\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 (for general filing requirements). \13\ See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a [[Page 43552]] written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the publication of this notice. Requests should contain (1) the party's name, address, telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce will announce the date and time of the hearing. Unless the deadline is extended, Commerce intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates Upon issuing the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.\14\ --------------------------------------------------------------------------- \14\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- 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). For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), Commerce intends to calculate importer/customer-specific assessment rates.\15\ Where the respondent reported reliable entered values, Commerce intends to calculate importer/customer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer/customer and dividing this amount by the total entered value of the merchandise sold to the importer/customer.\16\ Where the respondent did not report entered values, Commerce will calculate importer/customer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer/customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer/customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported.\17\ Where an importer/customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer/customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\18\ --------------------------------------------------------------------------- \15\ See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 8101 (February 14, 2012) (Final Modification). \16\ See 19 CFR 351.212(b)(1). \17\ Id. \18\ See Final Modification, 77 FR at 8103. --------------------------------------------------------------------------- In accordance with section 751(a)(2)(C) of the Act, 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 antidumping duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for the subject merchandise exported by the company listed above that has a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this administrative review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non- Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These 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 POR. 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 Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: May 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Discussions of the Methodology VI. Adjustment Under Section 777A(f) of the Act VII. Currency Conversion VIII. Recommendation [FR Doc. 2023-14621 Filed 7-7-23; 8:45 am] BILLING CODE 3510-DS-P
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