[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51853-51855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18669]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-992]
Monosodium Glutamate From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
the first administrative review of the antidumping duty order on
monosodium glutamate (``MSG'') from the People's Republic of China
(``PRC'') covering the period of review (``POR'') May 8, 2014 through
October 31, 2015. This review covers 38 manufacturers/exporters (``the
companies'') of the subject merchandise. None of these companies have
filed a separate rate application (``SRA'') and/or a separate rate
certification (``SRC'') to establish its separate rate status.
Therefore, the Department preliminarily finds that the companies are
part of the PRC-wide entity. We invite interested parties to comment on
these preliminary results.
DATES: Effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 14th Street
and Constitution Avenue NW., Washington, DC 20230; telephone: (202)
482-6251 or (202) 482-4956, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2015, the Department published a notice of
opportunity to request an administrative review of the antidumping duty
order on MSG from the PRC.\1\ In response, on November 30, 2015,
Ajinomoto North America, Inc. (``Petitioner'' or ``Ajinomoto'')
requested a review of 38 companies.\2\ Also on November 20, 2015,
Neimenggu Fufeng Biotechnologies Co., Ltd. and its affiliate,
Hulunbeier Northeast Fufeng Biotechnologies Co., Ltd. (collectively,
``Fufeng'') requested a review.\3\ The Department initiated a review of
all 38 companies, which included Fufeng, on January 7, 2016.\4\ On
February 8, 2016, Fufeng timely withdrew its request for review.\5\ No
party timely submitted an SRA or an SRC.\6\ Thereafter, Petitioner
submitted comments on the Department's selection of respondents,
encouraging the Department to employ its customary policy to treat
companies as a part of the country-wide entity in reviews where no
party submits an SRA or SRC.\7\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 80 FR 67706 (November 3, 2015).
\2\ See Letter from Ajinomoto to the Department of Commerce, Re:
``Monosodium Glutamate from China: Request for Administrative
Review,'' dated November 30, 2015, at footnote 1 which lists 38
companies for which Ajinomoto sought review.
\3\ See Letter from Fufeng to the Department of Commerce, Re:
``Request for the First Administrative Review of the Antidumping
Duty Order on Monosodium Glutamate from the People's Republic of
China,'' dated November 30, 2015.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (``Initiation
Notice'').
\5\ See Letter from Fufeng to the Department of Commerce, Re:
``Withdrawal of Review Request: First Administrative Review of the
Antidumping Duty Order on Monosodium Glutamate from the People's
Republic of China,'' dated February 8, 2016. Because the
Petitioner's request for review included Fufeng, it was not removed
from the administrative review.
\6\ Because of tolling, the deadline for SRAs and SRCs was
extended four business days until February 12, 2016. See Memorandum
from Ron Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, Re: ``Tolling of Administrative Deadlines as a Result of
the Government Closure during Snowstorm `Jonas,' '' dated January
27, 2016.
\7\ See Letter from Ajinomoto to the Department of Commerce, Re:
``MSG from China: Comments on Respondent Selection,'' dated February
29, 2016.
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Scope of the Order
The product covered by this order 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. 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
[[Page 51854]]
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') 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.\8\
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\8\ See Monosodium Glutamate From the People's Republic of
China: Second Amended Final Determination of Sales at Less Than Fair
Value and Amended Antidumping Order, 80 FR 487 (January 6, 2015).
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''), and
19 CFR 351.213.\9\
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\9\ For a complete description of the methodology underlying
this preliminary result, see ``Decision Memorandum for the
Preliminary Results of the Antidumping Duty Administrative Review of
Monosodium Glutamate from the People's Republic of China; 2014-
2015,'' at 3-4 (dated concurrently with this notice).
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Preliminary Results of Review
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\10\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
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The Department preliminarily determines that the 38 companies
subject to review are part of the PRC-wide entity. None of the 38
companies filed an SRA or an SRC. No review has been requested for the
PRC-wide entity. Therefore, the Department preliminarily determines
that these companies have not demonstrated their eligibility for
separate rate status and are part of the PRC-wide entity. The PRC-wide
entity rate is 40.41 percent.\11\
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\11\ See 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, 80 FR 487 (January 6,
2015).
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\12\ ACCESS is available to registered users at
http://access.trade.gov and is available to all parties in the Central
Records Unit in Room B8024 of the main Commerce building. Rebuttal
briefs, limited to issues raised in the case briefs, must be filed
within five days after the time limit for filing case briefs.\13\
Parties who submit case or rebuttal briefs in this proceeding are
requested to submit with each argument a statement of the issue, a
brief summary of the argument, and a table of authorities.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2).
\14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Department
within 30 days of the date of publication of this notice.\15\ Requests
should contain: (1) The party's name, address and telephone number; (2)
The number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.\16\ The Department intends to issue the
final results of this administrative review, which will include the
results of our analysis of all issues raised in the case briefs, within
120 days of publication of these preliminary results in the Federal
Register, unless extended, pursuant to section 751(a)(3)(A) of the Act.
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\15\ See 19 CFR 351.310(c)
\16\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\17\ We intend to instruct CBP to
liquidate entries containing subject merchandise exported by the
companies under review that we determine in the final results to be
part of the PRC-wide entity at the PRC-wide rate of 40.41 percent. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of this review in the Federal
Register.\18\
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\17\ See 19 CFR 351.212(b)(1).
\18\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For companies that have a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity (i.e., 40.41 percent); and
(4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 315.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
[[Page 51855]]
Dated: August 1, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Non-Market Economy Country Status
5. PRC-Wide Entity
[FR Doc. 2016-18669 Filed 8-4-16; 8:45 am]
BILLING CODE 3510-DS-P