Citric Acid: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on citric acid and certain citrate salts from Belgium (A-423-813), Colombia (A-301-803) and Thailand (A-549-833), and its recently initiated countervailing duty investigation on citric acid and certain citrate salts from Thailand (C-549-834).
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized citric acid are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due July 17, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in August for CV duties and November for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
Commerce said it will pick respondents for its AD/CV investigations on Thailand based on CBP import data. For its AD duty investigations on Belgium and Colombia, Commerce intends to investigate the sole companies identified for each country in the petition: Citrique Belge and Sucroal, S.A., respectively. Comments on respondent selection for Belgium and Colombia are due July 5.
Scope of the AD/CVD Investigations
The merchandise covered by these investigations 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 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 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.
The scope 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.
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, if included in a mixture or blend, 3824.99.9295 of the HTSUS. Blends that include citric acid, sodium citrate and potassium citrate are classifiable under 3824.99.9295 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.
Comments on Scope Due July 12
Participants in the AD/CVD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by July 12.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 06/02/17 | 06/02/17 |
| DOC initiation date | 06/22/17 | 06/22/17 |
| ITC prelim determinations* | 07/17/17 | 07/17/17 |
| DOC prelim determinations† | 11/09/17 | 08/28/17 |
| DOC final determinations† | 01/23/18 | 11/09/17 |
| ITC final determinations‡ | 03/09/18 | 12/26/17 |
| Issuance of orders+ | 03/16/18 | 01/02/18 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1706060036 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 06/30/17)