Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 62718-62721 [2024-16994]
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
DOC case No.
ITC case No.
Country
A–201–820 ........................
731–TA–747 ......................
Mexico ...............................
A–570–088 ........................
731–TA–1420 ....................
China .................................
A–570–090 ........................
731–TA–1421 ....................
China .................................
C–570–089 ........................
701–TA–608 ......................
China .................................
C–570–091 ........................
701–TA–609 ......................
China .................................
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://enforcement.
trade.gov/sunset/. All submissions in
these Sunset Reviews must be filed in
accordance with Commerce’s
regulations regarding format,
translation, and service of documents.
These rules, including electronic filing
requirements via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
can be found at 19 CFR 351.303.
In accordance with section 782(b) of
the Act, any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.
Parties must use the certification
formats provided in 19 CFR 351.303(g).
Commerce intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
Letters of Appearance and
Administrative Protective Orders
ddrumheller on DSK120RN23PROD with NOTICES1
Modification, 77 FR 8101 (February 14,
2012).
Pursuant to 19 CFR 351.103(d),
Commerce will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
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Product
Fresh Tomatoes (5th Review).
Steel Racks (1st Review)
Steel Trailer Wheels (1st
Review).
Steel Racks (1st Review)
Steel Trailer Wheels (1st
Review).
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (APO) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. Commerce’s
regulations on submission of proprietary
information and eligibility to receive
access to business proprietary
information under APO can be found at
19 CFR 351.304–306. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.1
Information Required From Interested
Parties
Domestic interested parties, as
defined in sections 771(9)(C), (D), (E),
(F), and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.2
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
2 See 19 CFR 351.218(d)(1)(iii).
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initiating the Sunset Reviews of the
following antidumping and
countervailing duty order(s) and
suspended investigation(s):
Commerce contact
Jacqueline Arrowsmith,
(202) 482–5255.
Thomas Martin, (202)
482–3936.
Mary Kolberg, (202) 482–
1785.
Thomas Martin, (202)
482–3936.
Mary Kolberg, (202) 482–
1785.
wishing to participate in a Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that Commerce’s
information requirements are distinct
from the ITC’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR 351 for definitions of terms and for
other general information concerning
AD and CVD proceedings at Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: July 23, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–16988 Filed 7–31–24; 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: Preliminary Results of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
AGENCY:
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices
exporters subject to this administrative
review did not make sales of subject
merchandise at less than normal value
(NV) during the July 1, 2022, through
June 30, 2023, period of review (POR).
Interested parties are invited to
comment on these preliminary results.
DATES:
Applicable August 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Joy
Zhang or Matthew Palmer, 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) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
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On July 25, 2018, Commerce
published in the Federal Register the
antidumping duty order on citric acid
from Thailand.1 On July 3, 2023,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On September 11, 2023, based
on timely requests for review, in
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order covering three companies.3
Pursuant to section 751(a)(3)(A) of the
Act, Commerce extended the deadline
for the preliminary results until July 30,
2024.4 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.5 The deadline for the preliminary
results of this administrative review is
now August 6, 2024. For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.6
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 Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 42693 (July 3, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 1, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Citric Acid and Certain
Citrate Salts from Thailand; 2022–2023,’’ 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 is citric acid from Thailand. For
a full description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price and constructed
export price are calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
Rate for Non-Selected Companies
The Act and Commerce’s regulations
do not directly address the
establishment of a rate to be applied to
individual companies not selected for
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
review in an administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’
In this administrative review, we
preliminarily calculated dumping
margins of zero percent for both COFCO
Biochemical (Thailand) Co., Ltd.
(COFCO) and Sunshine Biotech
International Co., Ltd. (Sunshine). Thus,
in accordance with the expected
method, and consistent with the Court
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of Appeals for the Federal Circuit’s
decision in Albemarle,7 we
preliminarily assigned to the nonselected company a zero percent rate,
based on the rates calculated for the two
mandatory respondents.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins
exist for the period July 1, 2022, through
June 30, 2023:
Producer/exporter
COFCO Biochemical (Thailand)
Co., Ltd ...................................
Sunshine Biotech International
Co., Ltd ...................................
Xitrical Group Co. LTD ...............
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed for these preliminary results
within five days of the date of
publication of this notice.8 Pursuant to
19 CFR 351.309(c), interested parties
may submit case briefs to Commerce 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
five days after the date for filing case
briefs.9 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.10
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.11 Further, we
request that interested parties limit their
public executive summary of each issue
7 See Albemarle Corp. v. United States, 821 F.3d
1345, 1352 (Fed. Cir. 2016) (Albemarle) (holding
that Commerce may only use ‘‘other reasonable
methods’’ if it reasonably concludes that the
expected method is ‘‘not feasible’’ or ‘‘would not be
reasonably reflective of potential dumping
margins’’).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(d).
10 See 19 351.309(c)(2) and (d)(2).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices
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to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).12
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.13 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. Issues raised in the
hearing will be limited to those raised
in the case and rebuttal briefs. If a
request for a hearing is made, we will
inform parties of the scheduled date for
the hearing at a time and location to be
determined.14 Parties should confirm by
telephone the date, time, and location of
the hearing no fewer than two days
before the scheduled date. Parties are
reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Verification
On December 18, 2023, the
petitioners, Archer Daniels Midland
Company, Cargill, Incorporated, and
Primary Products Ingredients Americas
LLC, requested that Commerce conduct
verification of COFCO’s and Sunshine’s
responses.15 Accordingly, in accordance
with section 782(i) of the Act,
Commerce conducted on-site
12 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310.
15 See Petitioners’ Letter, ‘‘Petitioners’ Request
For Verification,’’ dated December 18, 2023.
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17:17 Jul 31, 2024
Jkt 262001
verifications of the information and data
submitted by COFCO and Sunshine.16
Assessment Rates
Upon issuing the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If the weightedaverage dumping margin for companies
listed above are not zero or de minimis
(i.e., less than 0.5 percent), we will
calculate importer-specific ad valorem
AD assessment rates based on the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).17 If the respondent has
not reported entered values, we will
calculate 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. To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, 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.
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.18
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
which did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate established in the original
less-than-fair value (LTFV) investigation
(i.e., 11.25 percent) if there is no rate for
16 See Memoranda, ‘‘Sales Verification of
Sunshine Biotech International Co., Ltd.,’’ dated
June 20, 2024; and ‘‘Verification of the Sales
Response of COFCO in the Antidumping
Administrative Review of Citric Acid from
Thailand,’’ dated June 20, 2024.
17 In the preliminary 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
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
18 See section 751(a)(2)(C) of the Act.
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the intermediate company(ies) involved
in the transaction.
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 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.19 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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.
19 See
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Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 19 CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
Dated: July 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Application of Facts Available
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–16994 Filed 7–31–24; 8:45 am]
Correction
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Preliminary Results and Rescission, in
Part, of Antidumping Administrative
Review; 2022–2023; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
ACTION:
Notice; correction.
The U.S. Department of
Commerce (Commerce) published
notice in the Federal Register of July 16,
2024 in which Commerce published its
preliminary results and rescission, in
part, of the 2022–2023 administrative
review of the antidumping (AD) order
on certain steel nails from Taiwan. In
that notice, Commerce incorrectly listed
a company in Appendix I, and
incorrectly stated the name of a
company in Appendix II.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Henry Wolfe, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–0574, respectively.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
On July 16, 2024, Commerce
published in the Federal Register its
preliminary results and partial
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17:17 Jul 31, 2024
rescission in the 2022–2023
administrative review of certain steel
nails from Taiwan.1 In that notice, we
incorrectly listed Integral Building
Products Inc. in Appendix I as a
company for which Commerce is
rescinding the administrative review.
Additionally, Liang Chyuan Industrial
Co., Ltd. was correctly listed as a
company which is not selected for
individual examination in Appendix II.
Commerce has previously determined
that Liang Chyuan Industrial Co., Ltd.
and Integral Building Products Inc.
comprise a single entity.2 Because Liang
Chyuan Industrial Co., Ltd. remains
under review as a company not selected
for individual examination, we did not
intend to rescind the review with
respect to Integral Building Products
Inc., as it is part of a single entity with
Liang Chyuan Industrial Co, Ltd.
Jkt 262001
In the Federal Register of July 16,
2024, in FR Doc 2024–15603, on page
57860, in the first column, correct the
appendix titled ‘‘Appendix I,
Companies for Which Commerce is
Rescinding the Administrative Review’’
by removing ‘‘Integral Building Products
Inc.’’ Additionally, on page 57860 in the
second column, correct the appendix
titled ‘‘Appendix II—Companies Not
Selected for Individual Examination,’’
by replacing ‘‘Liang Chyuan Industrial
Co., Ltd.’’ with ‘‘Liang Chyuan
Industrial Co., Ltd.; Integral Building
Products Inc.’’ The corrected
appendices entitled ‘‘Appendix I,
Companies for Which Commerce is
Rescinding the Administrative Review’’
and ‘‘Appendix II—Companies Not
Selected for Individual Examination’’
are attached to this notice.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended, and 19 351.221(b)(4).
1 See Certain Steel Nails from Taiwan:
Preliminary Results and Rescission, in Part, of
Antidumping Administrative Review; 2022–2023,
89 FR 57856 (July 16, 2024).
2 See Certain Steel Nails from Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 48116
(September 12, 2019), unchanged in Certain Steel
Nails from Taiwan: Final Results of Antidumping
Duty Administrative Review and Determination of
No Shipments; 2017–2018, 85 FR 14635 (March 13,
2020).
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62721
Dated: July 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I—Companies for Which
Commerce Is Rescinding the
Administrative Review
1. A-Jax Enterprises Limited
2. A-Jax International Company Limited
3. A-Stainless International Company
Limited
4. Advanced Global Sourcing Limited
5. Aimreach Enterprises Company Limited
6. Alishan International Group Co., Ltd.
7. Alisios International Corporation
8. Allwin Architectural Hardware Inc.
9. A.N. Cooke Manufacturing Co., Pty.,
Limited
10. Asia Engineered Components
11. Asia Link Industrial Corporation
12. Asia Smarten Way Corp. (Taiwan)
13. Astrotech Steels Private Ltd.
14. Autolink International Company Limited
15. BCR Inc.
16. Boltun Corporation Ltd.
17. Budstech CI Limited
18. Bulls Technology Company Limited
19. Canatex Industrial Company Limited
20. Cata Company Limited
21. Cenluxmetals Company Limited
22. Chang Bin Industrial Co., Ltd.
23. Channg Chin Industry Corporation
24. Charng Yu Industrial Company
25. Chen Nan Iron Wire Co., Ltd.
26. Chen Yu-Lan
27. Chia Da Fastener Company Limited
28. Chia Long Enterprise Co. Ltd.
29. Chiang Shin Fasteners Industries Ltd.
30. Chin Tai Sing Precision Manufactory Co.,
Ltd.
31. Chun Yu Works & Company Limited
32. Cornwall Enterprise Co., Ltd.
33. Cross International Co., Ltd.
34. Da Wing Industry Company Limited
35. DFK Industrial Corp.
36. Eagre International Trade Co., Ltd.
37. Ever-Top Hardware Corporation
38. Excel Components Manufacturing Co.,
Ltd.
39. Excellence Industrial Co. Ltd.
40. Fastguard Fastening Systems Inc.
41. Feng Yi Steel Co. Ltd.
42. Fong Yien Industrial Co., Ltd.
43. Fujian Xinhong Mech. & Elec. Co., Ltd.
44. Funtec International Co., Ltd.
45. Fuzhou Royal Floor Co., Ltd.
46. FWU Kuang Enterprise Co., Ltd.
47. H-H Fasteners Company
48. H-Locker Components Inc.
49. Hau Kawang Enterprise Co., Ltd.
50. Hecny Group
51. Hi-Sharp Industrial Corp., Ltd.
52. Hom Wei Enterprise Corporation
53. Hor Liang Industrial Corp.
54. HWA Hsing Screw Industry Co., Ltd.
55. Hwaguo Industrial Fasteners Co., Ltd.
56. Hy-Mart Fastener Co., Ltd.
57. Hyup Sung Indonesia
58. In Precision Link Co., Ltd.
59. Intai Technology Corporation
60. Ji Li Deng Fasteners Co., Ltd.
61. Jinhai Hardware Co., Ltd.
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62718-62721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/
[[Page 62719]]
exporters subject to this administrative review did not make sales of
subject merchandise at less than normal value (NV) during the July 1,
2022, through June 30, 2023, period of review (POR). Interested parties
are invited to comment on these preliminary results.
DATES: Applicable August 1, 2024.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Matthew Palmer, 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) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published in the Federal Register the
antidumping duty order on citric acid from Thailand.\1\ On July 3,
2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
September 11, 2023, based on timely requests for review, in accordance
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative
review of the Order covering three companies.\3\ Pursuant to section
751(a)(3)(A) of the Act, Commerce extended the deadline for the
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\5\ The deadline for the preliminary results of this
administrative review is now August 6, 2024. For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\6\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 1,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Citric Acid and
Certain Citrate Salts from Thailand; 2022-2023,'' 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 is citric acid from Thailand.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price and constructed export price are
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of 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. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Rate for Non-Selected Companies
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this administrative review, we preliminarily calculated dumping
margins of zero percent for both COFCO Biochemical (Thailand) Co., Ltd.
(COFCO) and Sunshine Biotech International Co., Ltd. (Sunshine). Thus,
in accordance with the expected method, and consistent with the Court
of Appeals for the Federal Circuit's decision in Albemarle,\7\ we
preliminarily assigned to the non-selected company a zero percent rate,
based on the rates calculated for the two mandatory respondents.
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\7\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use
``other reasonable methods'' if it reasonably concludes that the
expected method is ``not feasible'' or ``would not be reasonably
reflective of potential dumping margins'').
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the period July 1,
2022, through June 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd....................... 0.00
Sunshine Biotech International Co., Ltd..................... 0.00
Xitrical Group Co. LTD...................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\8\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce 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 five days after the date for filing case briefs.\9\ Interested
parties who submit case or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\10\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d).
\10\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their public executive summary
of each issue
[[Page 62720]]
to no more than 450 words, not including citations. We intend to use
the public executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\13\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. Issues raised in the hearing will be limited to those
raised in the case and rebuttal briefs. If a request for a hearing is
made, we will inform parties of the scheduled date for the hearing at a
time and location to be determined.\14\ Parties should confirm by
telephone the date, time, and location of the hearing no fewer than two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Verification
On December 18, 2023, the petitioners, Archer Daniels Midland
Company, Cargill, Incorporated, and Primary Products Ingredients
Americas LLC, requested that Commerce conduct verification of COFCO's
and Sunshine's responses.\15\ Accordingly, in accordance with section
782(i) of the Act, Commerce conducted on-site verifications of the
information and data submitted by COFCO and Sunshine.\16\
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\15\ See Petitioners' Letter, ``Petitioners' Request For
Verification,'' dated December 18, 2023.
\16\ See Memoranda, ``Sales Verification of Sunshine Biotech
International Co., Ltd.,'' dated June 20, 2024; and ``Verification
of the Sales Response of COFCO in the Antidumping Administrative
Review of Citric Acid from Thailand,'' dated June 20, 2024.
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Assessment Rates
Upon issuing the final results, 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
companies listed above are not zero or de minimis (i.e., less than 0.5
percent), we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\17\ If the respondent
has not reported entered values, we will calculate 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. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either the respondent's weighted-average dumping margin is zero
or de minimis, 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. 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.\18\
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\17\ In the preliminary 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 Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate established in the original less-than-fair value
(LTFV) investigation (i.e., 11.25 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.
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 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.\19\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
[[Page 62721]]
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: July 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Application of Facts Available
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-16994 Filed 7-31-24; 8:45 am]
BILLING CODE 3510-DS-P
