Federal Register, Volume 79 Issue 89 (Thursday, May 8, 2014)

[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Notices]
[Pages 26406-26408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10637]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]

Monosodium Glutamate From the Republic of Indonesia: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that monosodium glutamate (MSG) from

[[Page 26407]]

the Republic of Indonesia (Indonesia) is being, or is likely to be,
sold in the United States at less than fair value (LTFV), as provided
in the Tariff Act of 1930, as amended (the Act). The period of
investigation is July 1, 2012, through June 30, 2013. The estimated
weighted-average dumping margins of sales at LTFV are shown in the
``Preliminary Determination'' section of this notice. We invite
interested parties to comment on this preliminary determination. The
final determination will be issued not later than 135 days after
publication of this preliminary determination in the Federal Register.

DATES: Effective: May 8, 2014.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Justin Neuman,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-1395 and (202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

The product covered by this investigation is MSG, 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.\1\
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\1\ For a complete description of the scope of the
investigation, see Appendix I to this notice.
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Methodology

The Department is conducting this investigation in accordance with
section 731 of the Act. Export price (EP) and constructed export price
(CEP) are calculated in accordance with section 772 of the Act and 19
CFR 351.402. Normal value (NV) is calculated in accordance with section
773 of the Act and 19 CFR 351.403.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\2\ The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (IA
ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Department's
Central Records Unit, located at room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be found at http://enforcement.trade.gov/frn/.
The signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\2\ See Memorandum to Paul Piqudo, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping Duty and Countervailing Duty Operations,
``Antidumping Duty Investigation of Monosodium Glutamate from the
Republic of Indonesia: Decision Memorandum for the Preliminary
Determination,'' dated May 1, 2014 (Preliminary Decision
Memorandum).
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Preliminary Determination

The Department preliminarily determines that MSG from Indonesia is
being, or is likely to be, sold in the United States at LTFV, as
provided in section 733(b) of the Act.
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
Weighted-average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
PT. Cheil Jedang Indonesia.......................... 5.61
All Others.......................................... 5.61
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Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
weighted-average dumping margins calculated for the or producers or
exporters individually examined, excluding rates that are zero, de
minimis or determined entirely under section 776 of the Act. Since we
calculated a weighted-average dumping margin for only one respondent
that was not zero, de minimis, or determined entirely under section 776
of the Act, we assigned to all other producers and exporters the rate
calculated for PT. Cheil Jedang Indonesia (Cheil Jedang).

Disclosure and Public Comment

We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs. Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and, (3) a table of
authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate in a hearing if one is requested,
must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce. All documents
must be filed electronically using IA ACCESS. An electronically filed
request must be received successfully in its entirety by IA ACCESS, by
5:00 p.m. Eastern Time, within 30 days after the date of publication of
this notice.\3\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\3\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures

Pursuant to a request from Cheil Jedang, a respondent in this
investigation, we are postponing the final determination.\4\
Accordingly, we will issue our final determination no later than 135
days after the date of publication of this preliminary determination,
pursuant to section 735(a)(2) of the Act.\5\ Further, Cheil Jedang
requested to extend the application of the provisional measures
prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2),
from a four-month period to not more than six-months. As a result,
suspension of liquidation will be extended accordingly.
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\4\ See the April 28, 2014, Letter to the Secretary of Commerce,
``Antidumping Duty Investigation of Monosodium Glutamate from
Indonesia: Conditional Request to Postpone the Final
Determination.''
\5\ See also 19 CFR 351.210(e).
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Suspension of Liquidation

In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of MSG from Indonesia as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of

[[Page 26408]]

publication of this notice in the Federal Register.
Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
preliminary weighted-average amount by which NV exceeds U.S. price,\6\
as indicated in the chart above, as follows: (1) The rate for Cheil
Jedang will be the weighted-average dumping margin we determine in this
preliminary determination; (2) if the exporter is not a firm identified
in this investigation, but the producer is, then the rate will be the
rate established for the producer of the subject merchandise; (3) the
rate for all other producers or exporters will be 5.61 percent. The
suspension of liquidation instructions will remain in effect until
further notice.
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\6\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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International Trade Commission (ITC) Notification

In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. If our
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

Dated: May 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

The scope of this investigation covers monosodium glutamate
(``MSG''), 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% 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 this investigation 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 this investigation is
currently classified in the Harmonized Tariff Schedule (``HTS'') of
the United States at subheading 2922.42.10.00. Merchandise subject
to the investigation 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Scope of the Investigation
VI. Postponement of Final Determination and Extension of Provisional
Measures
VII. Affiliation
VIII. Discussion of the Methodology
A. Fair Value Comparison
B. Product Comparisons
C. Determination of Comparison Method
D. U.S. Price/Constructed Export Price
E. Normal Value
IX. Currency Conversion
X. Verification
XI. Conclusion
[FR Doc. 2014-10637 Filed 5-7-14; 8:45 am]
BILLING CODE 3510-DS-P