90 FR 159 pgs. 40561-40563 - Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
Type: NOTICEVolume: 90Number: 159Pages: 40561 - 40563
Pages: 40561, 40562, 40563Docket number: [A-549-833]
FR document: [FR Doc. 2025-15923 Filed 8-19-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily 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 period of review (POR) July 1, 2023, through June 30, 2024. Interested parties are invited to comment on these preliminary results.
DATES:
Applicable August 20, 2025.
FOR FURTHER INFORMATION CONTACT:
Joy Zhang, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published in the Federal Register the AD order on citric acid and certain citrate salts (citric acid) from Thailand. 1 On July 1, 2024, we published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR. 2 On August 14, 2024, based on timely requests for an administrative review, Commerce initiated an administrative review of the Order. 3 On September 17, 2024, Commerce selected COFCO Biochemical (Thailand) Co., Ltd. (COFCO) and Sunshine Biotech International Co., Ltd. (Sunshine) for individual examination as the mandatory respondents in this administrative review. 4 On December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by 90 days. 5 On June 10, 2025, Commerce extended the deadline for the preliminary results of this review by 59 days, until August 29, 2025. For a complete description of the events following the initiation of this administrative review, see the Preliminary Decision Memorandum. 6
Footnotes:
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, 89 FR 54437 (July 1, 2024).
3 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 66035 (August 14, 2024).
4 ? See Memorandum, "Respondent Selection," dated September 17, 2024.
5 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.
6 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Circular Welded Carbon Steel Pipes and Tubes from Thailand; 2023-2024," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
A list of topics included in the Preliminary Decision Memorandum is included in the 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order are citric acid from Thailand. For a complete description of the scope of this Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export price and NV in accordance with sections 772 and 773 of the Act, respectively. For a complete description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Company
The Act and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual 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 examination 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 review, we preliminarily calculated dumping margins of zero percent for both COFCO and Sunshine. Consistent with the U.S. Court of Appeals for the Federal Circuit's decision in Albemarle, 7 and Commerce's practice, 8 we preliminarily assigned to the non-selected company a zero percent rate, based on the rates calculated for the two mandatory respondents.
Footnotes:
7 ? See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. Cir. 2016) ( Albemarle ).
8 ? See Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022), unchanged in Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR 20218 (April 5, 2023).
Preliminary Results of Review
[top] We preliminarily determine that the following estimated weighted-average
| Producer or exporter | Weighted- average dumping margin (percent) |
|---|---|
| COFCO Biochemical (Thailand) Co., Ltd | 0.00 |
| Sunshine Biotech International Co. Ltd | 0.00 |
| Xitrical Group Co. LTD | 0.00 |
Disclosure
We intend to disclose the calculations and analysis performed for these preliminary results to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice. 9 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. 10 Interested parties who submit case or rebuttal briefs in this administrative review must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 11
Footnotes:
9 ? See 19 CFR 351.309.
10 ? See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Final Rule ).
11 ? See 19 CFR 351.309(c)(2) and (d)(2).
As provided to 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 administrative 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. 12 Further, we request that interested parties limit their executive summary of each issue 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.
Footnotes:
12 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance via ACCESS within 30 days after the date of publication of this notice. Hearing requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. Issues raised at the hearing will be limited to those raised in the case and rebuttal briefs. If a hearing request is made, parties will be notified of the date and time of the hearing. 13 Parties should confirm the date and time of the hearing two days before the scheduled date.
Footnotes:
13 ?See 19 CFR 351.310(d).
All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed using ACCESS. 14 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 15
Footnotes:
14 ? See 19 CFR 351.303.
15 ? See APO and Service Final Rule.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the final results of this administrative review, Commerce shall determine and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review. 16 If the weighted-average dumping margin is not zero or de minimis ( i.e., less than 0.50 percent) for COFCO or Sunshine in the final results of this review, we will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales and the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). 17 If the respondents' weighted-average dumping margin or an importer-specific assessment rate is zero or de minimis in the final results of review, we intend to instruct CBP to liquidate relevant entries without regards to antidumping duties. 18
Footnotes:
16 ? See 19 CFR 351.212(b)(1).
17 ? See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012).
18 ? Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
For the company which was not selected for individual examination, Xitrical Group Co. LTD, we will instruct CBP to assess antidumping duties at an ad valorem assessment rate equal to the company-specific weighted-average dumping margin determined in the final results.
In accordance with Commerce's "automatic assessment" practice, for entries of subject merchandise during the POR produced by COFCO and Sunshine for which it did not know that the merchandise was destined to the United States, we will instruct CBP to liquidate those entries 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. 19
Footnotes:
19 ?For a full discussion of this practice, 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
[top] 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 review (except, if that rate is de minimis within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (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
Footnotes:
20 ? See Order.
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.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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) and 351.221(b)(4).
Dated: August 14, 2025.
Abdelali Elouaradia,
Deputy 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. Currency Conversion
VI. Recommendation
[FR Doc. 2025-15923 Filed 8-19-25; 8:45 am]
BILLING CODE 3510-DS-P