Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2022-2023, 94706-94707 [2024-28023]

Download as PDF 94706 Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Notices publication of this rescission notice in the Federal Register. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of the APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: November 22, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–28020 Filed 11–27–24; 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: Final 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) determines that certain producers/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). DATES: Applicable November 29, 2024. FOR FURTHER INFORMATION CONTACT: Joy Zhang or Anjali Mehindiratta, 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) 482–9127, respectively. SUPPLEMENTARY INFORMATION: khammond on DSK9W7S144PROD with NOTICES AGENCY: VerDate Sep<11>2014 21:22 Nov 27, 2024 Jkt 265001 Background On August 1, 2024, Commerce published the preliminary results of the 2022–2023 administrative review of the antidumping duty order on citric acid and certain citrate salts (citric acid) from Thailand 1 in the Federal Register and invited interested parties to comment.2 We received no comments from interested parties on the Preliminary Results, and we have made no changes to the Preliminary Results. Accordingly, no decision memorandum accompanies this Federal Register notice. The Preliminary Results are hereby adopted in these final results. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by this Order include 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 Preliminary Decision Memorandum. Rate for Non-Selected Company 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 calculated dumping margins of zero percent for both mandatory respondents: COFCO Biochemical 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 Citric Acid and Certain Citrate Salts from Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2022–2023, 89 FR 62718 (August 1, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 (Thailand) Co., Ltd. (COFCO) and Sunshine Biotech International Co., Ltd. (Sunshine). Thus, in accordance with the expected method, and consistent with the U.S. Court of Appeals for the Federal Circuit’s decision in Albemarle,3 we assign to Xitrical Group Co. LTD., the sole non-selected company under review, a zero percent rate, based on the rates calculated for the two mandatory respondents. Final Results of Review We determine that 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 Normally, Commerce discloses to interested parties the calculations of the final results of an administrative review within five days of a public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because we have made no changes to the Preliminary Results, there are no calculations to disclose. Assessment Rates Consistent with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered this review. Because the respondents’ weightedaverage dumping margins or importerspecific assessment rates are zero or de minimis in the final results of review, we intend to instruct CBP to liquidate entries without regard to antidumping duties.4 The final results of this 3 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’’). 4 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8102– E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Notices khammond on DSK9W7S144PROD with NOTICES administrative 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.5 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) 6 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 these final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of the notice of final results of administrative review for all shipments of citric acid from Thailand entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weightedaverage dumping margin established in the final results of this administrative review (i.e., 0.00 percent); (2) for merchandise exported by a company 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 in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, but the producer is, then the cash deposit rate will be the company-specific rate established for the completed segment for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters 03 (February 14, 2012); see also 19 CFR 351.106(c)(2). 5 See section 751(a)(2)(C) of the Act. 6 See Order, 83 FR at 35215. VerDate Sep<11>2014 21:22 Nov 27, 2024 Jkt 265001 will continue to be 11.25 percent, the all-others rate established in the lessthan-fair-value investigation.7 These cash 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 the 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. Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction 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 terms of an APO is a violation subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: November 22, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–28023 Filed 11–27–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration 94707 that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on laminated woven sacks from the Socialist Republic of Vietnam (Vietnam) would likely lead to continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing this notice of continuation of these AD and CVD orders. DATES: Applicable November 15, 2024. FOR FURTHER INFORMATION CONTACT: Luke Caruso or Thomas Martin, 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) 482–2081 or (202) 482–3936, respectively. SUPPLEMENTARY INFORMATION: Background On June 4, 2019, Commerce published in the Federal Register the AD and CVD orders on laminated woven sacks from Vietnam.1 On May 1, 2024, the ITC instituted,2 and Commerce initiated,3 the first sunset reviews of the Orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and therefore, notified the ITC of the magnitude of the margins of dumping and subsidy rates likely to prevail should the Orders be revoked.4 On November 15, 2024, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Orders The merchandise covered by these orders is laminated woven sacks. [A–552–823, C–552–824] Laminated Woven Sacks From the Socialist Republic of Vietnam: Continuation of Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) AGENCY: 7 Id. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 1 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders, 84 FR 25753 (June 4, 2019) (collectively, Orders). 2 See Laminated Woven Sacks from Vietnam; Institution of Five-Year Reviews, 89 FR 35241 (May 1, 2024). 3 Id., 89 FR 35073 (May 1, 2024). 4 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Review of the Antidumping Duty Order, 89 FR 73627 (September 11, 2024); see also Laminated Woven Sacks from the Socialist Republic of Vietnam: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 89 FR 73633 (September 11, 2024). 5 See Laminated Woven Sacks From Vietnam, 89 FR 91784 (November 20, 2024). E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94706-94707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28023]


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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers/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).

DATES: Applicable November 29, 2024.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Anjali Mehindiratta, 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) 
482-9127, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2024, Commerce published the preliminary results of 
the 2022-2023 administrative review of the antidumping duty order on 
citric acid and certain citrate salts (citric acid) from Thailand \1\ 
in the Federal Register and invited interested parties to comment.\2\ 
We received no comments from interested parties on the Preliminary 
Results, and we have made no changes to the Preliminary Results. 
Accordingly, no decision memorandum accompanies this Federal Register 
notice. The Preliminary Results are hereby adopted in these final 
results. Commerce conducted this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \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 Citric Acid and Certain Citrate Salts from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 62718 (August 1, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this Order include 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 Preliminary Decision Memorandum.

Rate for Non-Selected Company

    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 calculated dumping margins of 
zero percent for both mandatory respondents: COFCO Biochemical 
(Thailand) Co., Ltd. (COFCO) and Sunshine Biotech International Co., 
Ltd. (Sunshine). Thus, in accordance with the expected method, and 
consistent with the U.S. Court of Appeals for the Federal Circuit's 
decision in Albemarle,\3\ we assign to Xitrical Group Co. LTD., the 
sole non-selected company under review, a zero percent rate, based on 
the rates calculated for the two mandatory respondents.
---------------------------------------------------------------------------

    \3\ 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'').
---------------------------------------------------------------------------

Final Results of Review

    We determine that 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

    Normally, Commerce discloses to interested parties the calculations 
of the final results of an administrative review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we have made no changes to the Preliminary Results, there are 
no calculations to disclose.

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b), upon completion of the administrative review, Commerce 
shall determine, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise covered this review. Because the respondents' weighted-
average dumping margins or importer-specific assessment rates are zero 
or de minimis in the final results of review, we intend to instruct CBP 
to liquidate entries without regard to antidumping duties.\4\ The final 
results of this

[[Page 94707]]

administrative 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.\5\
---------------------------------------------------------------------------

    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102-03 (February 14, 
2012); see also 19 CFR 351.106(c)(2).
    \5\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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) \6\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \6\ See Order, 83 FR at 35215.
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results of 
this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of citric acid from Thailand 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided for by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the companies listed above will be equal 
to the weighted-average dumping margin established in the final results 
of this administrative review (i.e., 0.00 percent); (2) for merchandise 
exported by a company 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 in the completed 
segment for the most recent period; (3) if the exporter is not a firm 
covered in this review or another completed segment of this proceeding, 
but the producer is, then the cash deposit rate will be the company-
specific rate established for the completed segment for the most recent 
period for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 11.25 
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.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

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 the 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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

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

    Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28023 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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