[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36730-36731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16576]
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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;
2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
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) November 1, 2015, through October 31, 2016. This
review covers 27 manufacturers/exporters (the companies) of the subject
merchandise. Because none of these companies filed a separate rate
application (SRA) and/or a separate rate certification (SRC), 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: Applicable August 7, 2017.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone at (202) 482-5484.
SUPPLEMENTARY INFORMATION:
Background
On November 4, 2016, 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 29, 2016,
Ajinomoto North America, Inc. (the petitioner) requested a review of 27
companies.\2\ The Department initiated a review of all 27 companies on
January 13, 2017.\3\ For a list of these companies, please see Appendix
I. The deadline for interested parties to submit an SRA or an SRC was
February 13, 2017.\4\ No party timely submitted an SRA or an SRC.
Thereafter, the 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.\5\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 81 FR 76920 (November 4, 2016).
\2\ See Ajinomoto's letter, ``Monosodium Glutamate from China:
Request for Administrative Review,'' (November 29, 2016), at
attachment 1 which lists 27 companies for which Ajinomoto sought a
review.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation
Notice).
\4\ See Initiation Notice.
\5\ See Ajinomoto's letter, ``MSG from China: Comments on
Respondent Selection,'' (February 15, 2017).
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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 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.\6\
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\6\ 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.
Preliminary Results of Review
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\7\ 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. The Department preliminarily determines that the 27
companies subject to review are part of the PRC-wide entity. None of
the 27 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.\8\
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\7\ 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).
\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 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.\9\ ACCESS is available to registered users at http://access.trade.gov and is available to all
[[Page 36731]]
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.\10\ 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.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2).
\11\ 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.\12\ 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.\13\ 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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\12\ See 19 CFR 351.310(c)
\13\ 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.\14\ 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.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ 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).
Dated: August 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Companies Covered by This Review
1. Anhui Fresh Taste International Trade Co., Ltd.
2. Baoji Fufeng Biotechnologies Co., Ltd.
3. Blu Logistics (China) Co., Ltd.
4. Bonroy Group Limited
5. Forehigh Trade and Industry Co., Ltd.
6. Fujian Province Jianyang Wuyi MSG Co., Ltd.
7. Golden Banyan Foodstuffs Industry Co., Ltd.
8. Henan Lotus Flower Gourmet Powder Co.
9. Hong Kong Sungiven International Food Co., Limited
10. Hulunbeier Northeast Fufeng Biotechnologies Co., Ltd.
11. K&S Industry Limited
12. King Cheong Hong International
13. Langfang Meihua Bio-Technology Co., Ltd.
14. Liangshan Linghua Biotechnology Co., Ltd.
15. Lotus Health Industry Holding Group
16. Meihua Group International Trading (Hong Kong) Limited
17. Meihua Holdings Group Co., Ltd., Bazhou Branch
18. Neimenggu Fufeng Biotechnologies Co., Ltd.
19. Pudong Prime Int'l Logistics, Inc.
20. Qinhuangdao Xingtai Trade Co., Ltd.
21. S.D. Linghua M.S.G. Incorporated Co.
22. Shandong Linghua Monosodium Glutamate Incorporated Company
23. Shanghai Totole Food Ltd.
24. Shijiazhuang Standard Imp & Exp Co., Ltd.
25. Sunrise (HK) International Enterprise Limited
26. Tongliao Meihua Biological Sci-Tech Co., Ltd.
27. Zhejiang Medicines & Health
[FR Doc. 2017-16576 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P