Citric Acid and Certain Citrate Salts From Belgium: Final Results of Antidumping Duty Administrative Review; 2021-2022, 90167-90168 [2023-28783]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90167-90168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28783]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-813]


Citric Acid and Certain Citrate Salts From Belgium: 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 
Citribel nv. (Citribel), a producer/exporter subject to this 
administrative review, made sales of citric acid and certain citrate 
salts (citric acid) from Belgium at less than normal value. The period 
of review (POR) is July 1, 2021, through June 30, 2022.

DATES: Applicable December 29, 2023.

FOR FURTHER INFORMATION CONTACT: Deborah Cohen, 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) 482-4521.

SUPPLEMENTARY INFORMATION:

Background

    On July 31, 2023, Commerce published the preliminary results of the 
2021-2022 administrative review of the antidumping duty order on citric 
acid from Belgium, covering one producer/exporter of subject 
merchandise, Citribel, and invited interested parties to comment.\1\ On 
August 30, 2023, Archer Daniels Midland Company, Cargill, Incorporated, 
and Primary Products Ingredients Americas LLC (collectively, the 
petitioners), and Citribel timely submitted case briefs regarding 
Commerce's Preliminary Results.\2\ On September 6, 2023, the 
petitioners timely submitted a rebuttal case brief.\3\ For a summary of 
the events that occurred since Commerce published the Preliminary 
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ See Citric Acid and Certain Citrate Salts from Belgium: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 49442 (July 31, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated 
August 30, 2023; see also Citribel's Letter, ``Citribel N.V. Case 
Brief,'' dated August 30, 2023.
    \3\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,'' 
dated September 6, 2023.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Citric Acid and Certain Citrate Salts from Belgium; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and 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. For a full description of the scope of the order, see 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. The Issues and 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 Issues and Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and analysis of the comments 
received, we made changes to the preliminary weighted-average dumping 
margin for Citribel. For detailed information, see the Issues and 
Decision Memorandum.

Final Results of Review

    Commerce determines that, for the period of July 1, 2021, through 
June 30, 2022, the following estimated weighted-average dumping margin 
exists:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Citribel nv.............................................            9.13
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Disclosure

    We intend to disclose the calculations performed for these final 
results to parties in this review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) 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

[[Page 90168]]

merchandise in accordance with the final results of this review. 
Pursuant to 19 CFR 351.212(b)(1), 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 
those sales. Where the respondent did not report entered value, we 
calculated a per-unit assessment rate for each importer by dividing the 
total amount of dumping calculated for the examined sales made to that 
importer by the total quantity associated with those sales. Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), 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.\5\ For entries of subject merchandise during the POR produced 
by Citribel for which it 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(ies) involved in the transaction.
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    \5\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
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    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\ 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).
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    \6\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 company listed above will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the producer has been 
covered in a prior complete segment of this proceeding, then the cash 
deposit rate will be the rate established for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 19.30 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\7\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \7\ See Citric Acid and Certain Citrate Salts from Belgium: 
Affirmative Final Determination of Sales at Less Than Fair Value, 83 
FR 26001 (June 5, 2018).
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Notification to Importers

    This notice also 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 
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 an 
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 return/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

    We are issuing and publishing these final results of administrative 
review in accordance with section 751(a)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: December 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Use Citribel's Quarterly 
Costs
    Comment 2: Whether Commerce Should Match Citribel's Sales Within 
the Same Quarter
    Comment 3: Ministerial Error--Currency Conversion for 
International Freight Expenses
VI. Recommendation

[FR Doc. 2023-28783 Filed 12-28-23; 8:45 am]
BILLING CODE 3510-DS-P