[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50009-50010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17920]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-937]
Citric Acid and Certain Citrate Salts From the People's Republic
of China: Final Results of Second Expedited Sunset Review of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that revocation of the antidumping duty (AD) order on
citric acid and certain citrate salts from the People's Republic of
China (China) would be likely to lead to a continuation or recurrence
of dumping, at the levels identified in the ``Final Results of Sunset
Review'' section of this notice.
DATES: Applicable August 17, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, 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) 482-3936 or (202)
482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2009, Commerce published in the Federal Register a
notice of the AD order on citric acid and certain citrate salts from
China.\1\ On May 1, 2020, Commerce published its initiation of the
second sunset review of the Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ On May 18, 2020, Commerce
received a timely and complete notice of intent to participate in the
sunset review in relation to the order on subject merchandise from
China from domestic interested parties \3\ within the deadline
specified in 19 CFR 351.218(d)(1)(i).\4\ The domestic interested
parties claimed interested party status pursuant to section 771(9)(C)
of the Act as manufacturers in the United States of the domestic like
product.\5\
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\1\ See Citric Acid and Certain Citrate Salts from Canada and
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703
(May 29, 2009) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 25386
(May 1, 2020).
\3\ The domestic interested parties are Archer Daniels Midland
Company; Cargill, Incorporated; and Tate & Lyle Ingredients Americas
LLC (collectively, domestic interested parties).
\4\ See Domestic Interested Parties' Letter, ``Second Five-Year
(`Sunset') Review Of Antidumping And Countervailing Duty Orders On
Citric Acid And Certain Citrate Salts from the People's Republic of
China: Domestic Industry's Notice Of Intent To Participate,'' dated
May 18, 2020.
\5\ Id. at 2.
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On June 1, 2020, the domestic interested parties filed a timely and
adequate substantive response within the deadline specified in 19 CFR
351.218(d)(3)(i).\6\ Commerce did not receive substantive responses
from any respondent interested party with respect to the Order covered
by this sunset review. As a result, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an
expedited (120-day) sunset review of the Order.
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\6\ See Domestic Interested Parties' Letter, ``Second Five-Year
(`Sunset') Review Of Antidumping Duty Order On Citric Acid And
Certain Citrate Salts from the People's Republic of China: Domestic
Industry's Substantive Response,'' dated June 1, 2020.
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Scope of the 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 of the order 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 of the
order does not include calcium citrate that satisfies the
[[Page 50010]]
standards set forth in the United States Pharmacopeia 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. The scope of the order 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. 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 3824.90.9290 of the HTSUS, respectively. Blends that include citric
acid, sodium citrate, and potassium citrate are classifiable under
3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided
for convenience and customs purposes, our written description of the
scope is dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of dumping in
the event of revocation of the Order and the magnitude of the margins
likely to prevail if the Order were to be revoked, is provided in the
Issues and Decision Memorandum. A list of the topics discussed in the
Issues and Decision Memorandum is attached as an appendix to this
notice. 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 directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and Decision Memorandum are
identical in content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order on citric acid and
certain citrate salts from China would be likely to lead to a
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail is up to 156.87 percent.
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under an APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective orders, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.218(f)(3).
Dated: August 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
A. Likelihood of Continuation or Recurrence of Dumping
B. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020-17920 Filed 8-14-20; 8:45 am]
BILLING CODE 3510-DS-P