[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19056-19057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07716]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-993, C-560-827]
Termination of Countervailing Duty Investigations; Monosodium
Glutamate From the People's Republic of China and the Republic of
Indonesia
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On March 7, 2014, the Department of Commerce (the Department)
received a letter from counsel to Ajinomoto Co., Inc. and
[[Page 19057]]
Ajinomoto North America Inc. (collectively, AJINA, or Petitioner). The
letter notified the Department that Petitioner was withdrawing the
petition filed on September 16, 2013 with respect to the countervailing
duty (CVD) investigations of monosodium glutamate (MSG) from the
People's Republic of China (PRC) and the Republic of Indonesia
(Indonesia). In this instance, because producers accounting for
substantially all of the production of the domestic like product
expressed a lack of interest in issuance of an order, the Department is
terminating these CVD investigations in accordance with section
782(h)(1) of the Tariff Act of 1930, as amended (the Act).
DATES: Effective Date: April 7, 2014.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Nicholas Czajkowski,
Office VII, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-1396 and (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 16, 2013, AJINA filed a petition alleging that
countervailable subsidies were being provided to producers and
exporters of MSG from Indonesia and the PRC.\1\ On October 23, 2013,
the Department initiated CVD investigations with respect to imports of
MSG from Indonesia and the PRC.\2\ On March 4, 2014, the Department
reached its preliminary affirmative determination that countervailable
subsidies were being provided to producers and exporters of MSG in the
PRC; the Department also preliminarily determined that critical
circumstances exist for imports of MSG from the PRC.\3\ On that same
date, the Department made a preliminary determination that
countervailable subsidies were not being provided to producers and
exporters of MSG in Indonesia; the Department also preliminarily
determined that critical circumstances did not exist for imports of MSG
from Indonesia.\4\ On March 7, 2014, Petitioner withdrew its petition
with respect to the CVD investigations on imports of MSG from Indonesia
and the PRC.\5\
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\1\ See Letter from Petitioner, ``Petition for Antidumping and
Countervailing Duties: Monosodium Glutamate from the People's
Republic of China and the Republic of Indonesia,'' dated September
16, 2013 (the petition).
\2\ See Monosodium Glutamate From the People's Republic of China
and the Republic of Indonesia: Initiation of Countervailing Duty
Investigations, 78 FR 65269 (October 31, 2013).
\3\ See Monosodium Glutamate From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination;
and Preliminary Affirmative Determination of Critical Circumstances,
79 FR 13615 (March 11, 2014).
\4\ See Monosodium Glutamate From the Republic of Indonesia:
Preliminary Negative Countervailing Duty Determination; and
Preliminary Negative Determination of Critical Circumstances, 79 FR
13614 (March 11, 2014).
\5\ See Letter from Petitioner, ``Withdrawal of Countervailing
Duty Petition,'' dated March 7, 2014.
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Scope of the Investigations
The scope of these investigations covers monosodium glutamate,
whether or not blended or in solution with other products.
Specifically, MSG that has been blended or is in solution with other
product(s) is included in this scope when the resulting mix contains 15
percent or more of MSG by dry weight. Products with which MSG may be
blended include, but are not limited to, salts, sugars, starches,
maltodextrins, and various seasonings. Further, MSG is included in
these investigations regardless of physical form (including, but not
limited to, substrates, solutions, dry powders of any particle size, or
unfinished forms such as MSG slurry), end-use application, or
packaging.
MSG has a molecular formula of
C5H8NO4Na, a Chemical Abstract Service
(CAS) registry number of 6106-04-3, and a Unique Ingredient Identifier
(UNII) number of W81N5U6R6U.
Merchandise covered by the scope of these investigations is
currently classified in the Harmonized Tariff Schedule (HTS) of the
United States at subheading 2922.42.10.00. Merchandise subject to these
investigations may also enter under HTS subheadings 2922.42.50.00,
2103.90.72.00, 2103.90.74.00, 2103.90.78.00, 2103.90.80.00, and
2103.90.90.91. The tariff classifications, CAS registry number, and
UNII number are provided for convenience and customs purposes; however,
the written description of the scope is dispositive.
Termination of the Countervailing Duty Investigations
Pursuant to section 782(h)(1) of the Act and 19 CFR 351.207(c), the
Department may terminate an investigation based upon a lack of interest
if the Department determines that producers accounting for
substantially all of the production of that domestic like product
expressed a lack of interest in issuance of an order. In these CVD
investigations, AJINA represents 100 percent of the industry producing
the domestic like product.\6\ As such, because AJINA withdrew its CVD
petition regarding MSG from Indonesia and the PRC and because AJINA
constitutes 100 percent of the production of the domestic like product,
the Department finds that producers accounting for substantially all--
in this case, all--of the production of the domestic like product
expressed a lack of interest in CVD orders, within the meaning of
section 782(h)(1) of the Act. Consequently, we are terminating these
CVD investigations and will direct U.S. Customs and Border Protection
(CBP) to terminate the suspension of liquidation of entries of subject
merchandise imported from the PRC. Because we have not directed CBP to
suspend liquidation of entries of subject merchandise imported from
Indonesia, we will not direct CBP to take any action regarding entries
of subject merchandise imported from Indonesia.
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\6\ See the petition at Exhibit I-1.A.
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This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation that
is subject to sanction.
This determination and notice are in accordance with section
782(h)(1) of the Act and 19 CFR 351.207(c).
Dated: March 31,2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07716 Filed 4-4-14; 8:45 am]
BILLING CODE 3510-DS-P