[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Notices]
[Pages 487-488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30957]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-992]
Monosodium Glutamate From the People's Republic of China: Second
Amended Final Determination of Sales at Less Than Fair Value and
Amended Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 26, 2014, the Department of Commerce (``the
Department'') published the First Amended Final Determination in the
Federal Register. We are amending our First Amended Final Determination
to
[[Page 488]]
correct a ministerial error and amending the order to reflect the rates
in the second amended final determination.\1\
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\1\ See Monosodium Glutamate from the People's Republic of
China, and the Republic of Indonesia: Antidumping Duty Orders; and
Monosodium Glutamate from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, 79 FR 70505
(November 26, 2014) (``First Amended Final Determination'').
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DATES: Effective Date: January 6, 2015.
FOR FURTHER INFORMATION CONTACT: Milton Koch or Jun Jack Zhao, 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-
2584 or (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2014, the Department published the final
determination of sales at less than fair value in the antidumping duty
investigation of monosodium glutamate (``MSG'') from the People's
Republic of China (``PRC'').\2\ On November 26, 2014, the Department
published its First Amended Final Determination in response to
ministerial error allegations filed by Ajinomoto North America Inc.
(``Petitioner''), the petitioner in this investigation, and Langfang
Meihua Bio-Technology Co., Ltd., Tongliao Meihua Biological SCI-TECH
Co., Ltd., Meihua Group International Trading (Hong Kong) Limited,
Meihua Holdings Group Co., Ltd, and Meihua Holdings Group Co., Ltd,
Bazhou Branch (collectively, ``Meihua'', or the ``Meihua Group'').\3\
In accordance with 19 CFR 351.224(b), the Department disclosed to
interested parties the details of its calculations for the First
Amended Final Determination on November 24, 2014. On November 25, 2014,
Petitioner submitted a timely ministerial error allegation regarding
the First Amended Final Determination and requested, pursuant to 19 CFR
351.224, that the Department correct the alleged ministerial error.
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\2\ See Monosodium Glutamate from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value and the
Final Affirmative Determination of Critical Circumstances, 79 FR
58326 (September 29, 2014).
\3\ See First Amended Final Determination.
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Scope of the Order
The scope of this order 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 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 this
order regardless of physical form (including, but not limited to, in
monohydrate or anhydrous form, or as substrates, solutions, dry powders
of any particle size, or unfinished forms such as MSG slurry), end-use
application, or packaging.
MSG in monohydrate form has a molecular formula of
C5H8NO4Na -H2O, a Chemical
Abstract Service (CAS) registry number of 6106-04-3, and a Unique
Ingredient Identifier (UNII) number of W81N5U6R6U. MSG in anhydrous
form has a molecular formula of
C5H8NO4Na, a CAS registry number of
l42-47-2, and a UNII number of C3C196L9FG.
Merchandise covered by the scope of this order is currently
classified in the Harmonized Tariff Schedule (``HTS'') of the United
States at subheading 2922.42.10.00. Merchandise subject to the order
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 numbers, and UNII numbers are
provided for convenience and customs purposes; however, the written
description of the scope is dispositive.
Amendment to the First Amended Final Determination
After analyzing Petitioner's allegation, we determine that, in
accordance with section 735(e) of the Tariff Act of 1930, as amended,
(``the Act'') and 19 CFR 351.224(e), a ministerial error was made that
affects the Meihua margin calculation, the separate rates, and the PRC-
wide entity rate.\4\ Specifically, the Department inadvertently failed
to include the cost of steam in Meihua's ancillary operations regarding
its MSG production. The amended estimated weighted-average dumping
margins are as follows:
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\4\ For a detailed discussion of the alleged ministerial error,
as well as the Department's analysis, see Memorandum to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, from
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, regarding, ``Second Amended
Final Determination of the Antidumping Duty Investigation of
Monosodium Glutamate from the People's Republic of China: Allegation
of Ministerial Errors,'' dated concurrently with this notice.
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Weighted-average
Exporter Producer dumping margin
(percent)
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Langfang Meihua Bio-Technology Tongliao Meihua 21.28 percent.
Co., Ltd./Meihua Group Biological SCI-
International Trading (Hong TECH Co., Ltd./
Kong) Limited. Meihua Holdings
Group Co., Ltd.,
Bazhou Branch.
Fujian Province Jianyang Wuyi Fujian Province 21.28 percent.
MSG Co., Ltd.. Jianyang Wuyi MSG
Co., Ltd..
Neimenggu Fufeng Biotechnologies Neimenggu Fufeng 21.28 percent.
Co., Ltd.. Biotechnologies
Co., Ltd..
Baoji Fufeng Biotechnologies Baoji Fufeng 21.28 percent.
Co., Ltd.. Biotechnologies
Co., Ltd..
PRC-wide Entity................. .................. 40.41 percent.
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The PRC-wide entity includes Shandong Linghua Monosodium Glutamate
Incorporated Company (Shandong Linghua), a mandatory respondent in this
investigation.
Cash Deposit Requirements
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation on all entries of MSG from the PRC. We will
instruct CBP to require cash deposits at rates equal to the estimated
weighted-average dumping margins indicated above. Accordingly,
effective November 17, 2014, the date of publication of the ITC's final
affirmative injury determinations, CBP will require a cash deposit at
rates equal to the estimated weighted-average dumping margins listed
above. The relevant rate for the PRC-wide entity, as applicable,
applies to all exporter and producer combinations not specifically
listed. These cash deposits will remain in effect until further notice.
This notice constitutes the amended antidumping duty order with
respect to MSG from the PRC. This second amended final determination is
published in accordance with sections 735(e) and 777(i) of the Act.
Dated: December 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-30957 Filed 1-5-15; 8:45 am]
BILLING CODE 3510-DS-P