[Federal Register: May 29, 2009 (Volume 74, Number 102)]
[Notices]
[Page 25703-25705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my09-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853, A-570-937]
Citric Acid and Certain Citrate Salts from Canada and the
People's Republic of China: Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on citric acid
and certain citrate salts (citric acid) from Canada and the People's
Republic of China (PRC). On May 22, 2009, the ITC notified the
Department of its affirmative determinations of material injury to a
U.S. industry. See Citric Acid from Canada and China (Investigation
Nos. 701-TA-456 and 731-TA-1151-1152 (Final), USITC Publication 4076,
May 2009).
DATES: Effective Date: May 29, 2009.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova (Canada) or
Andrea Berton (PRC), AD/CVD Operations, Offices 2 and 8, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-1280 or (202) 482-4037, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 13, 2009, the Department published its affirmative final
determinations of sales at less-than-fair-value in the antidumping duty
investigations of citric acid from Canada and the PRC. See Notice of
Final Determination of Sales at Less Than Fair Value: Citric Acid and
Certain Citrate Salts from Canada, 74 FR 16843 (April 13, 2009); and
Citric Acid and Certain Citrate Salts from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 74 FR
16838 (April 13, 2009).
On May 22, 2009, the ITC notified the Department of its final
determinations pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is materially
injured by reason of less-than-fair-value imports of citric acid from
Canada and the PRC. See section 735(b)(1)(A)(i) of the Act.
Scope of the Orders
The scope of these orders 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 these orders 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 these orders does not include calcium citrate that satisfies
the 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 these orders 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, the written description of the
merchandise is dispositive.
Provisional Measures
Section 773(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not
[[Page 25704]]
remain in effect for more than four months except where exporters
representing a significant proportion of exports of the subject
merchandise request the Department to extend that four-month period to
no more than six months. At the request of the exporters that accounted
for a significant proportion of exports of the subject merchandise in
the investigations of citric acid from Canada and the PRC, we extended
the four-month period to no more than six months. See Citric Acid and
Certain Citrate Salts from Canada: Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 73 FR 70324 (November 20, 2008) (Citric Acid from Canada
Prelim); and Citric Acid and Certain Citrate Salts from the People's
Republic of China: Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 73 FR 70328 (November
20, 2008) (Citric Acid from the PRC Prelim).
In these investigations, the six-month period beginning on the date
of the publication of the preliminary determinations (i.e., November
20, 2008) ended on May 19, 2009. Furthermore, section 737 of the Act
states that definitive duties are to begin on the date of publication
of the ITC's final injury determination. Therefore, in accordance with
section 733(d) of the Act, we will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of citric acid from Canada and
the PRC entered, or withdrawn from warehouse, for consumption on or
after May 19, 2009, and before the date of publication of the ITC's
final injury determination in the Federal Register. Suspension of
liquidation will resume on or after the date of publication of the
ITC's final injury determination in the Federal Register.
Antidumping Duty Orders
On May 22, 2009, in accordance with section 735(d) of the Act, the
ITC notified the Department of its final determinations that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value
imports of citric acid from Canada and the PRC.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further advice by the Department, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price or constructed export price of the merchandise for all relevant
entries of citric acid from Canada and the PRC. These antidumping
duties will be assessed on all unliquidated entries of citric acid
entered from Canada and the PRC, or withdrawn from warehouse, for
consumption on or after November 20, 2008, the date on which the
Department published its notices of preliminary determination in the
Federal Register, but prior to May 19, 2009. See Citric Acid from
Canada Prelim, 73 FR at 70324; and Citric Acid from the PRC Prelim, 73
FR at 70328.
On or after the date of publication of the ITC's notice of final
determinations in the Federal Register, CBP will require, pursuant to
section 736(a)(3) of the Act, will require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the estimated dumping margins as noted below:
------------------------------------------------------------------------
Exporter Producer Margin
------------------------------------------------------------------------
Canada
------------------------------------------------------------------------
JBL Canada Inc................... JBL Canada Inc.......... 23.21
------------------------------------------------------------------------
All Others....................... ........................ 23.21
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PRC
------------------------------------------------------------------------
TTCA Co., Ltd. (a.k.a. Shandong TTCA Co., Ltd. (a.k.a. 129.08
TTCA Biochemistry Co., Ltd.). Shandong TTCA
Biochemistry Co., Ltd.).
Yixing Union Biochemical Co., Yixing Union Biochemical 94.61
Ltd.. Co., Ltd..
Anhui BBCA Biochemical Co., Ltd.. Anhui BBCA Biochemical 111.85
Co., Ltd..
Anhui BBCA Biochemical Co., Ltd.. China BBCA Maanshan 111.85
Biochemical Corp..
A.H.A. International Co., Ltd.... Yixing Union Biochemical 111.85
Co., Ltd..
A.H.A. International Co., Ltd.... Nantong Feiyu Fine 111.85
Chemical Co., Ltd..
High Hope International Group Yixing Union Biochemical 111.85
Jiangsu Native Produce IMP & EXP Co., Ltd..
Co., Ltd..
Huangshi Xinghua Biochemical Co., Huangshi Xinghua 111.85
Ltd.. Biochemical Co., Ltd..
Lianyungang JF International TTCA Co., Ltd. (a.k.a. 111.85
Trade Co., Ltd.. Shandong TTCA
Biochemistry Co., Ltd.).
Laiwu Taihe Biochemistry Co., Laiwu Taihe Biochemistry 111.85
Ltd.. Co., Ltd..
Lianyungang Shuren Scientific Lianyungang Great 111.85
Creation Import & Export Co., Chemical Industry Co.,
Ltd.. Ltd..
Penglai Marine Bio-Tech Co. Ltd.. Penglai Marine Bio-Tech 111.85
Co. Ltd..
RZBC Imp & Exp. Co., Ltd./RZBC RZBC Co., Ltd........... 111.85
Co., Ltd./RZBC (Juxian) Co.,
Ltd..
RZBC Imp & Exp. Co., Ltd./RZBC RZBC (Juxian) Co., Ltd.. 111.85
Co., Ltd./RZBC (Juxian) Co.,
Ltd..
RZBC Imp & Exp. Co., Ltd./RZBC Lianyungang Great 111.85
Co., Ltd./RZBC (Juxian) Co., Chemical Industry Co.,
Ltd.. Ltd..
Shihezi City Changyun Biochemical Shihezi City Changyun 111.85
Co., Ltd.. Biochemical Co., Ltd..
Weifang Ensign Industry Co., Ltd. Weifang Ensign Industry 111.85
Co., Ltd..
PRC-Wide Entity.................. ........................ 156.87
------------------------------------------------------------------------
This notice constitutes the antidumping duty orders with respect to
citric acid from Canada and the PRC, pursuant to section 736(a) of the
Act. Interested parties may contact the Department's Central Records
Unit,
[[Page 25705]]
Room 1117 of the Main Commerce Building, for copies of an updated list
of antidumping duty orders currently in effect.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: May 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12645 Filed 5-28-09; 8:45 am]
BILLING CODE 3510-DS-P