Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2021-2022, 52128-52129 [2023-16820]

Download as PDF 52128 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letter of appearance).42 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.43 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: August 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix Scope of the Investigation The product within the scope of this investigation is high protein content (HPC) pea protein, which is a protein derived from peas (including, but not limited to, yellow field peas and green field peas) and which contains at least 65 percent protein on a dry weight basis. HPC pea protein may also be identified as, for example, pea protein concentrate, pea protein isolate, hydrolyzed pea protein, pea peptides, and fermented pea protein. Pea protein, including HPC pea protein, has the Chemical Abstracts Service (CAS) registry number 222400–29–5. The scope covers HPC pea protein in all physical forms, including all liquid (e.g., solution) and solid (e.g., powder) forms, regardless of packaging or the inclusion of additives (e.g., flavoring, suspension agents, preservatives). The scope also includes HPC pea protein described above that is blended, combined, or mixed with non-subject pea protein or with other ingredients (e.g., proteins derived from other sources, fibers, carbohydrates, sweeteners, and fats) to make products such as protein powders, dry beverage blends, and protein fortified beverages. For any such blended, combined, or mixed products, only the HPC pea protein component is covered by the scope of this investigation. HPC pea protein that has been blended, combined, or mixed with other products is included within the scope, regardless of whether the blending, combining, or mixing occurs in third countries. HPC pea protein that is otherwise within the scope is covered when commingled (i.e., 42 See Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 43 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 blended, combined, or mixed) with HPC pea protein from sources not subject to this investigation. Only the subject component of the commingled product is covered by the scope. A blend, combination, or mixture is excluded from the scope if the total HPC pea protein content of the blend, combination, or mixture (regardless of the source or sources) comprises less than five percent of the blend, combination, or mixture on a dry weight basis. All products that meet the written physical description are within the scope of the investigation unless specifically excluded. The following products, by way of example, are outside and/or specifically excluded from the scope of the investigation: • burgers, snack bars, bakery products, sugar and gum confectionary products, milk, cheese, baby food, sauces and seasonings, and pet food, even when such products are made with HPC pea protein. • HPC pea protein that has gone through an extrusion process to alter the HPC pea protein at the structural and functional level, resulting in a product with a fibrous structure which resembles muscle meat upon hydration. These products are commonly described as textured pea protein or texturized pea protein. • HPC pea protein that has been further processed to create a small crunchy nugget commonly described as a pea protein crisp. • protein derived from chickpeas. The merchandise covered by the scope is currently classified under Harmonized Tariff Schedule of the United States (HTSUS) categories 3504.00.1000, 3504.00.5000, and 2106.10.0000. Such merchandise may also enter the U.S. market under HTSUS category 2308.00.9890. Although HTSUS categories and the CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2023–16816 Filed 8–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–833] Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Sunshine Biotech International Co., Ltd. made sales of subject merchandise at less than normal value (NV) during the July 1, 2021, through June 30, 2022, period of review (POR) and that COFCO Biochemical (Thailand) Co., Ltd. did not. DATES: Applicable August 7, 2023. AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Joy Zhang or Alex Cipolla, 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) 482–4956, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On April 7, 2023, Commerce published the Preliminary Results.1 We invited interested parties to comment on the Preliminary Results.2 No interested party submitted comments on the Preliminary Results. Accordingly, the final results remain unchanged from the Preliminary Results. Commerce conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 3 The scope of the Order includes all grades and granulation sizes of citric acid, sodium citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the blend. The scope also includes all forms of crude calcium citrate, including dicalcium citrate monohydrate, and tricalcium citrate tetrahydrate, which are intermediate products in the production of citric acid, sodium citrate, and potassium citrate. The scope includes the hydrous and anhydrous forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and the monohydrate and monopotassium forms of potassium citrate. Sodium citrate also includes both trisodium citrate and monosodium citrate which are also known as citric acid trisodium salt and citric acid monosodium salt, respectively. The scope does not include calcium citrate that satisfies the standards set forth in the United States Pharmacopeia 1 See Citric Acid and Certain Citrate Salts from Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022, 88 FR 20856 (April 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Results, 88 FR at 20857. 3 See Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214 (July 25, 2018) (Order). E:\FR\FM\07AUN1.SGM 07AUN1 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices Where the respondent’s weightedaverage dumping margin is either zero or de minimis within the meaning of 19 CFR 351.106(c), 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. Commerce’s ‘‘reseller policy’’ 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 allothers rate if there is no rate for the intermediate company(ies) involved in Final Results of the Review the transaction.4 The assessment rate for the company We determine that the following not selected for individual examination weighted-average dumping margins exist for the period July 1, 2021, through (i.e., Xitrical Group Co. Ltd.) will be equal to the weighted-average dumping June 30, 2022: margin identified in the final results of Weightedreview. average Commerce intends to issue Producer or exporter dumping assessment instructions to CBP no margin earlier than 35 days after the date of (percent) publication of the final results of this COFCO Biochemical (Thaireview in the Federal Register. If a land) Co., Ltd. (COFCO) ... 0.00 timely summons is filed at the U.S. Sunshine Biotech InterCourt of International Trade, the national Co., Ltd ................ 0.78 assessment instructions will direct CBP Xitrical Group Co., Ltd .......... 0.78 not to liquidate relevant entries until the time for parties to file a request for a Disclosure and Public Comment statutory injunction has expired (i.e., within 90 days of publication). As noted above, Commerce received no comments on its Preliminary Results. Cash Deposit Requirements As a result, we have not modified our The following deposit requirements analysis, and will not issue a decision will be effective for all shipments of the memorandum to accompany this subject merchandise entered, or Federal Register notice. Further, withdrawn from warehouse, for because we have not changed our consumption on or after the publication calculations since the Preliminary Results, there are no new calculations to date of the final results of this administrative review, as provided by disclose in accordance with 19 CFR 351.224(b) for these final results. We are section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies adopting the Preliminary Results as the listed above will be that established in final results. the final results of this review, except if Assessment Rates the rate is less than 0.50 percent and, Pursuant to section 751(a)(2)(A) of the therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in Act and 19 CFR 351.212(b)(1), which case the cash deposit rate will be Commerce will determine, and U.S. zero; (2) for previously investigated or Customs and Border Protection (CBP) reviewed companies not covered in this shall assess, antidumping duties on all review, the cash deposit rate will appropriate entries of subject continue to be the company-specific merchandise in accordance with the cash deposit rate published for the most final results of this review. We will recently completed segment of this calculate importer-specific assessment rates on the basis of the ratio of the total proceeding in which the company amount of dumping calculated for each 4 For a full discussion of this practice, see importer’s examined sales and the total Antidumping and Countervailing Duty Proceedings: entered value of the importer’s sales in Assessment of Antidumping Duties, 68 FR 23954 accordance with 19 CFR 351.212(b)(1). (May 6, 2003). ddrumheller on DSK120RN23PROD with NOTICES1 and has been mixed with a functional excipient, such as dextrose or starch, where the excipient constitutes at least 2 percent, by weight, of the product. 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. VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 PO 00000 Frm 00022 Fmt 4703 Sfmt 9990 52129 participated; (3) if the exporter is not a firm covered in this review, or the lessthan-fair-value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.25 percent, the allothers rate established in the LTFV investigation.5 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 period of review. 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. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: July 31, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–16820 Filed 8–4–23; 8:45 am] BILLING CODE 3510–DS–P 5 See E:\FR\FM\07AUN1.SGM Order, 83 FR at 35214. 07AUN1

Agencies

[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52128-52129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16820]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]


Citric Acid and Certain Citrate Salts From Thailand: Final 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Sunshine Biotech International Co., Ltd. made sales of subject 
merchandise at less than normal value (NV) during the July 1, 2021, 
through June 30, 2022, period of review (POR) and that COFCO 
Biochemical (Thailand) Co., Ltd. did not.

DATES: Applicable August 7, 2023.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Alex Cipolla, 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) 482-4956, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 7, 2023, Commerce published the Preliminary Results.\1\ We 
invited interested parties to comment on the Preliminary Results.\2\ No 
interested party submitted comments on the Preliminary Results. 
Accordingly, the final results remain unchanged from the Preliminary 
Results. Commerce conducted this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Citric Acid and Certain Citrate Salts from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 20856 (April 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Results, 88 FR at 20857.
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214 (July 
25, 2018) (Order).
---------------------------------------------------------------------------

    The scope of the Order includes all grades and granulation sizes of 
citric acid, sodium citrate, and potassium citrate in their unblended 
forms, whether dry or in solution, and regardless of packaging type. 
The scope also includes blends of citric acid, sodium citrate, and 
potassium citrate; as well as blends with other ingredients, such as 
sugar, where the unblended form(s) of citric acid, sodium citrate, and 
potassium citrate constitute 40 percent or more, by weight, of the 
blend.
    The scope also includes all forms of crude calcium citrate, 
including dicalcium citrate monohydrate, and tricalcium citrate 
tetrahydrate, which are intermediate products in the production of 
citric acid, sodium citrate, and potassium citrate.
    The scope includes the hydrous and anhydrous forms of citric acid, 
the dihydrate and anhydrous forms of sodium citrate, otherwise known as 
citric acid sodium salt, and the monohydrate and monopotassium forms of 
potassium citrate. Sodium citrate also includes both trisodium citrate 
and monosodium citrate which are also known as citric acid trisodium 
salt and citric acid monosodium salt, respectively.
    The scope does not include calcium citrate that satisfies the 
standards set forth in the United States Pharmacopeia

[[Page 52129]]

and has been mixed with a functional excipient, such as dextrose or 
starch, where the excipient constitutes at least 2 percent, by weight, 
of the product. 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.

Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO)..........            0.00
Sunshine Biotech International Co., Ltd.................            0.78
Xitrical Group Co., Ltd.................................            0.78
------------------------------------------------------------------------

Disclosure and Public Comment

    As noted above, Commerce received no comments on its Preliminary 
Results. As a result, we have not modified our analysis, and will not 
issue a decision memorandum to accompany this Federal Register notice. 
Further, because we have not changed our calculations since the 
Preliminary Results, there are no new calculations to disclose in 
accordance with 19 CFR 351.224(b) for these final results. We are 
adopting the Preliminary Results as the final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. We will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of the 
importer's sales in accordance with 19 CFR 351.212(b)(1).
    Where the respondent's weighted-average dumping margin is either 
zero or de minimis within the meaning of 19 CFR 351.106(c), 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.
    Commerce's ``reseller policy'' 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.\4\
---------------------------------------------------------------------------

    \4\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    The assessment rate for the company not selected for individual 
examination (i.e., Xitrical Group Co. Ltd.) will be equal to the 
weighted-average dumping margin identified in the final results of 
review.
    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 deposit requirements will be effective 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 the companies 
listed above will be that established in the final results of this 
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 investigated or 
reviewed companies not covered in this review, the cash deposit rate 
will continue to be the company-specific cash deposit 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, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 11.25 percent, the all-others rate 
established in the LTFV investigation.\5\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \5\ See Order, 83 FR at 35214.
---------------------------------------------------------------------------

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 period of review. 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: July 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16820 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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