[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33907-33909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13893]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992]


Monosodium Glutamate From the People's Republic of China: Amended 
Preliminary Determination of Sales at Less Than Fair Value of the 
Antidumping Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is amending 
the preliminary determination of the less-than-fair-value investigation 
of monosodium glutamate (``MSG'') from the People's Republic of China 
(``PRC'')

[[Page 33908]]

to correct certain ministerial errors.\1\ The period of investigation 
(``POI'') is January 1, 2013, through June 30, 2013.
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    \1\ Monosodium Glutamate from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, and 
Postponement of Final Determination, 79 FR 26408 (May 8, 2014) 
(``Preliminary Determination'').

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DATES: Effective Date: June 13, 2014.

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 May 7, 2014, the Department disclosed to interested parties its 
calculations for the Preliminary Determination. On May 13, 2014, we 
received ministerial error comments from Ajinomoto North America Inc. 
(``Petitioner''); and Langfang Meihua Bio-Technology Co., Ltd., Meihua 
Holdings Group Co., Ltd., and Tongliao Meihua Biological SCI-TECH Co., 
Ltd. (collectively, the Meihua Group), alleging that the Department 
made ministerial errors in the calculation of the Meihua Group's 
weighted-average dumping margin.\2\
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    \2\ See Letter from Petitioner, ``Antidumping Duty Investigation 
on Monosodium Glutamate from China: Ministerial Error Comments,'' 
dated May 13, 2014; and letter from the Meihua Group: ``Monosodium 
Glutamate from the People's Republic of China: Ministerial Error 
Comments,'' dated May 13, 2014.
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Scope of the Investigation

    The scope of this investigation covers 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. For a full description of the products covered by the less-
than-fair-value investigation, see the Memorandum to Paul Piquado, 
Assistant Secretary, Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary, ``Preliminary Determination of the Less-
Than-Fair-Value Investigation of Monosodium Glutamate from the People's 
Republic of China: Ministerial Error Allegations Memorandum,'' dated 
concurrently with and hereby adopted by this notice (``Ministerial 
Error Memo''). The Ministerial Error Memo is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). Access to IA 
ACCESS is available to registered users at http://iaaccess.trade.gov, 
and is available to all parties in the Central Records Unit, which is 
in room 7046 of the main Department of Commerce building. A list of the 
issues discussed in the Ministerial Error Memo is attached to this 
notice an appendix.

Ministerial Errors

    Ministerial errors are defined in 19 CFR 351.224(f) as an error 
``in addition, subtraction, or other arithmetic function, clerical 
error resulting from inaccurate copying, duplication, or the like, and 
any similar type of unintentional error which the Secretary considers 
ministerial.'' 19 CFR 351.224(e) provides that the Department ``will 
analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary 
determination.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average 
dumping margin of greater than de minimis or vice versa.\3\
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    \3\ See 19 CFR 351.224(g).
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    After analyzing the ministerial error comments, we determine, in 
accordance with 19 CFR 351.224(e), that we made the following 
ministerial errors in our calculations for the Preliminary 
Determination: We inadvertently miscalculated the Meihua Group's 
organic bacteria protein by-product, high protein scrap by-product, 
foreign inland freight distance, home country distances and freight 
charges, 20-foot container weight for brokerage and handling expenses, 
and certain inputs for the production of MSG. Moreover, we determine 
that these errors in combination constitute a ``significant ministerial 
error'' as defined in 19 CFR 351.224(g)(1). Accordingly, we corrected 
these errors. As a result of correcting these errors in the calculation 
of the Meihua Group's weighted-average dumping margin, the weighted-
average dumping margin for the companies granted separate-rate status 
must also be revised because the rate for those companies was derived 
from the Meihua Group's rate.\4\ The weighted-average dumping margin 
for the PRC-wide entity also must be revised because it was based on 
the Meihua Group's highest transaction-specific dumping margin.\5\ For 
a detailed discussion of these ministerial errors, as well as the 
Department's analysis, see the Ministerial Error Memo.
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    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the 
Preliminary Determination of Sales at Less Than Fair Value, 
Affirmative Preliminary Determination of Critical Circumstances, and 
Postponement of Final Determination of the Antidumping Duty 
Investigation of Monosodium Glutamate from the People's Republic of 
China (May 1, 2014), at 12.
    \5\ Id. at 14.
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    In accordance with 19 CFR 351.224(e), we are amending the 
Preliminary Determination of the less-than-fair-value investigation of 
MSG from the PRC. The revised weighted-average dumping margins are 
detailed below.

Amended Preliminary Determination

    As a result of the correction of the ministerial error, the amended 
weighted-average dumping margins for the preliminary determination are 
as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
             Exporter                       Producer            dumping
                                                                margin
                                                               (percent)
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Langfang Meihua Bio-Technology     Tongliao Meihua                157.55
 Co., Ltd./Meihua Group             Biological SCI-TECH Co.,
 International Trading (Hong        Ltd./Meihua Holdings
 Kong) Limited.                     Group Co., Ltd., Bazhou
                                    Branch.
Fujian Province Jianyang Wuyi MSG  Fujian Province Jianyang       157.55
 Co., Ltd.                          Wuyi MSG Co., Ltd.
Neimenggu Fufeng Biotechnologies   Neimenggu Fufeng               157.55
 Co., Ltd.                          Biotechnologies Co., Ltd.

[[Page 33909]]

 
Baoji Fufeng Biotechnologies Co.,  Baoji Fufeng                   157.55
 Ltd.                               Biotechnologies Co., Ltd.
PRC-wide Entity*.................  .........................      157.59
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* The PRC-wide entity includes Shandong Linghua Monosodium Glutamate
  Incorporated Company, a mandatory respondent in this investigation.

Suspension of Liquidation

    In accordance with section 733(d) of the Act, we will instruct CBP 
to require a cash deposit for all suspended entries, on or after the 
date of the publication of this notice in the Federal Register, at an 
ad valorem rate equal to the weighted-average dumping margins, as 
indicated in the chart above. These suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our amended preliminary affirmative determination of sales at 
LTFV. Section 735(b)(2) of the Act requires the ITC to make its final 
determination as to whether the domestic industry in the United States 
is materially injured, or threatened with material injury, by reason of 
imports of MSG, or sales (or the likelihood of sales) for importation, 
of the merchandise under consideration within 45 days of our final 
determination.

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with this amended preliminary determination within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

    Dated: June 9, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Ministerial Error Memorandum

1. Summary
2. Scope of the Investigation
3. Legal Authority
4. Analysis of Alleged Ministerial Errors
    a. Foreign Inland Freight Distance from Factory to Port of 
Exportation
    b. Sulfur Dioxide
    c. Labor and Energy Costs Allocated to Corn Co-Products
    d. Brokerage and Handling, Inland Freight Surrogate Value
    e. Sodium Hydroxide in Aqueous Solution
    f. Distances and Freight Charges for Certain Meihua Factors of 
Production
    g. Organic Bacterial Protein By-Product
    h. High Protein Scrap By-Product
5. Recommendation

[FR Doc. 2014-13893 Filed 6-12-14; 8:45 am]
BILLING CODE 3510-DS-P