MESSAGE NO: 9016202 DATE: 01 16 2009
CATEGORY: CVD TYPE: ADM
REFERENCE: REFERENCE DATE:
CASES: C - 570 - 938 - -
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PERIOD COVERED: 01 17 2009 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: DISCONTINUATION OF SUSPENSION OF LIQUIDATION IN THE
COUNTERVAILING DUTY INVESTIGATION OF CITRIC ACID &
CERTAIN CITRATE SALTS FROM CHINA (C-570-938)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1. IN KEEPING WITH THE WORLD TRADE ORGANIZATION AGREEMENT
ON SUBSIDIES AND COUNTERVAILING MEASURES, THE DEPARTMENT IS
DISCONTINUING THE SUSPENSION OF LIQUIDATION ON THE
COUNTERVAILING DUTY INVESTIGATION OF CITRIC ACID AND CERTAIN
CITRATE SALTS FROM THE PEOPLES REPUBLIC OF CHINA EFFECTIVE
JANUARY 17, 2009, WHICH IS 120 DAYS AFTER THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATION (73 FR 54367,
SEPTEMBER 19, 2008).

2. THE SCOPE OF THIS INVESTIGATION 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 THIS INVESTIGATION 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 THIS INVESTIGATION 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 PER CENT, BY WEIGHT, OF
THE PRODUCT.

THE SCOPE OF THIS INVESTIGATION 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.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER (C-570-938).

4. FIELD OFFICES SHOULD DISCONTINUE THE SUSPENSION OF
LIQUIDATION FOR COUNTERVAILING DUTY PURPOSES ON ALL SHIPMENTS
OF SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER JANUARY 17, 2009. THE SUSPENSION
OF LIQUIDATION WILL NOT BE RESUMED UNLESS AND UNTIL THE
DEPARTMENT OF COMMERCE PUBLISHES THE COUNTERVAILING DUTY ORDER
IN THIS CASE. FIELD OFFICES SHALL CONTINUE TO SUSPEND
LIQUIDATION ON ALL SHIPMENTS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION MADE DURING THE PERIOD,
SEPTEMBER 19, 2008, THROUGH JANUARY 16, 2009, UNTIL THE
CONCLUSION OF THIS COUNTERVAILING DUTY INVESTIGATION.


5. THE DISCONTINUATION DOES NOT AFFECT THE REQUIREMENTS OF A
CASH DEPOSIT OR BOND ON ENTRIES SUBJECT TO THE SUSPENSION OF
LIQUIDATION ANNOUNCED IN THE DEPARTMENT OF COMMERCE'S
PRELIMINARY DETERMINATION IN THE COMPANION ANTIDUMPING DUTY
INVESTIGATION OF CITRIC ACID AND CERTAIN CITRATE SALTS FROM
THE PEOPLE'S REPUBLIC OF CHINA.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:DJF).

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

DAVID M. GENOVESE