Archer Daniels Midland Company, Cargill, Incorporated and Tate & Lyle Ingredients America, LLC (“Petitioners”), on June 2, 2017, filed an antidumping duty petition on citric acid and certain citrate salts from Belgium, Colombia and Thailand. In addition, Petitioners filed a countervailing duty petition against Thailand. There are already existing U.S. AD/CVD Orders on these products from the People’s Republic of China.
The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of citric acid and citrate salts.
The merchandise covered by this petition 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 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 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, if included in a mixture or blend, 3824.90.9295 of the HTSUS. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.90.9295 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.
Alleged Dumping Margins
Petitioners allege the following dumping margins:
- Belgium – Up to 118.44 percent
- Colombia – Up to 49.46 percent
- Thailand – Up to 60.6 percent
Estimated Schedule of Investigations
- June 2, 2017 – Petition is filed
- June 22, 2017 – DOC initiates investigation
- June 23, 2017 – ITC staff conference (estimated)
- July 17, 2017 – Deadline for ITC preliminary injury determination
- August 28, 2017 – Deadline for DOC preliminary CVD determination, if deadline not postponed
- October 30, 2017– Deadline for DOC preliminary CVD determination, if deadline is fully postponed
- November 9, 2017 – Deadline for DOC preliminary AD determinations, if deadlines are not postponed
- December 29, 2017 – Deadline for DOC preliminary AD determinations, if deadlines are fully postponed
- May 14, 2018 – Deadline for DOC final AD and CVD determinations, if both preliminary and final AD determinations are fully postponed, and CVD determination deadline is aligned
- June 28, 2018 – Deadline for ITC final injury determination, assuming fully postponed DOC deadlines