Citric Acid and Certain Citrate Salts from Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021

DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-813]

Citric Acid and Certain Citrate Salts from Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that S.A. Citrique Belge N.V. (Citrique Belge) did not sell subject merchandise in the United States at prices below normal value during the July 1, 2020, through June 30, 2021, period of review (POR). We invite interested parties to comment on these preliminary results.

DATES:

Applicable July 29, 2022.

FOR FURTHER INFORMATION CONTACT:

David Lindgren and 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) 482-1671 and 202-482-4521, respectively.

SUPPLEMENTARY INFORMATION:

Background

On July 25, 2018, Commerce published the antidumping duty (AD) order on citric acid and certain citrate salts (citric acid) from Belgium in the

Federal Register

.

1

On September 7, 2021, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an AD administrative review of the

Order.

2

During the course of this administrative review, Citrique Belge responded to Commerce's questionnaire and supplemental questionnaires. On March 8, 2022, Commerce extended the deadline for issuing the preliminary results of this review.

3

For further details,

see

the Preliminary Decision Memorandum.

4

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 Initiation of Antidumping and Countervailing Duty Administrative Reviews,

86 FR 50034 (September 7, 2021).

3

See

Memorandum, “Extension of Deadline for Preliminary Results,” dated March 8, 2022.

4

See

Memorandum, “Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Citric Acid and Certain Citrate Salts from Belgium; 2020-2021,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

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 Preliminary Decision Memorandum.

Methodology

Commerce is conducting this review in accordance with section 751(a) of the Act. Export price has been calculated in accordance with section 772(a) of the Act and normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions,

see

the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. 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 at

https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

Commerce preliminarily determines that the following weighted-average dumping margin exists for the period July 1, 2020, through June 30, 2021:

Exporter/producer

Estimated weighted-average dumping margin (percent)

S.A. Citrique Belge N.V

0.00

Disclosure and Public Comment

Commerce intends to disclose the calculations performed in these preliminary results to parties in this proceeding within five days of the date of publication of this notice.

5

Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not 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 no later than seven days after the date for filing case briefs.

6

Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument: (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.

7

Executive summaries should be limited to five pages total, including footnotes. Case and rebuttal briefs should be filed using ACCESS. Note that Commerce has temporarily modified certain portions of its requirements for serving documents containing business proprietary information, until further notice.

8

5

See

19 CFR 351.224(b).

6

See

19 CFR 351.309(d);

see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period,

85 FR 41363 (July 10, 2020) (

Temporary Rule

).

7

See

19 CFR 351.309(c)(2) and (d)(2);

see also

19 CFR 351.303 (for general filing requirements).

8

See Temporary Rule.

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed request must be received successfully in its entirely by 5:00 p.m. Eastern Time within 30 days of the date of publication of this notice in the

Federal Register

.

9

Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.

10

Parties should confirm the date, time and location of the hearing by telephone two days before the scheduled date.

9

See

19 CFR 351.310(c).

10

See

19 CFR 351.310(d).

Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised in any the written briefs, no later than 120 days after the date of publication of this notice, unless otherwise extended.

11

11

See

section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).

Assessment Rates

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. If the weighted-average dumping margin for Citrique Belge (

i.e.,

the sole individually-examined respondent in this review) is not zero or

de minimis

(

i.e.,

greater than or equal to 0.5 percent) in the final results of this review, we will calculate importer-specific

ad valorem

assessment rates for the merchandise based on the ratio of the total amount of dumping calculated for the examined sales made during the POR to each importer and the total entered value of those same sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-specific

ad valorem

assessment rate is zero or

de minimis

in the final results of the review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

12

If Citrique Belge's weighted-average dumping margin is zero or

de minimis

in the final results of the review, we will instruct CBP not to assess duties on any of its entries in accordance with the

Final Modification for Reviews, i.e.,

“{w}here the weighted-average margin of dumping for the exporter is determined to be zero or

de minimis,

no antidumping duties will be assessed.”

13

12

See

19 CFR 351.106(c)(2).

13

See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification,

77 FR 8101, 8102 (February 14, 2012) (

Final Modification for Reviews

).

For entries of subject merchandise during the POR produced by Citrique Belge for which the producer 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 (or companies) involved in the transaction.

14

14

See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,

68 FR 23954 (May 6, 2003).

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 cash deposit requirements will be effective upon publication of the final results of this administrative review 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 Citrique Belge

15

will be equal to the weighted-average dumping margin established in the final results of this administrative 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 reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific 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, a prior review, or in the investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 19.30 percent, the rate established in the less-than-fair-value investigation of this proceeding.

16

These cash deposit requirements, when imposed, shall remain in effect until further notice.

15

On June 13, 2022, Commerce preliminarily determined that Citribel nv (Citribel) is the successor-in-interest to Citrique Belge.

See Citric Acid and Certain Citrate Salts from Belgium: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review,

87 FR 35738 (June 13, 2022). Should Commerce's final results in the changed circumstances review remain unchanged from these preliminary results, we intend to instruct CBP to assign entries of subject merchandise produced and/or exported by Citribel the AD cash deposit rate applicable to Citrique Belge.

Id.

16

See Order,

83 FR at 35215.

Notification to Importers

This notice serves as a preliminary 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.

Notification to Interested Parties

We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(1).

Dated: July 22, 2022.

Lisa W. Wang,

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. Discussion of the Methodology

V. Recommendation

[FR Doc. 2022-16305 Filed 7-28-22; 8:45 am]

BILLING CODE 3510-DS-P