[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70505-70507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28053]



[[Page 70505]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992, A-560-826]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty (AD) orders on 
monosodium glutamate (MSG) from the People's Republic of China (the 
PRC) and the Republic of Indonesia (Indonesia). In addition, the 
Department is amending its final determination of sales at less than 
fair value (LTFV) from the PRC to correct certain ministerial errors.

DATES: Effective Date: November 26, 2014.

FOR FURTHER INFORMATION CONTACT: Milton Koch at (202) 482-2584 (the 
PRC); or Gene Calvert at (202) 482-3586 (Indonesia), 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.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.210(c), on September 29, 
2014, the Department published affirmative final determinations of 
sales at LTFV in the AD investigations of MSG from the PRC and 
Indonesia.\1\ On November 10, 2014, the ITC notified the Department of 
its affirmative determinations that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of MSG from the PRC and Indonesia.\2\ In 
addition, the ITC found in its final determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from the PRC that are subject to the Department's final 
affirmative critical circumstances findings.\3\
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    \1\ 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) (PRC Final Determination), and Monosodium 
Glutamate From the Republic of Indonesia: Final Determination of 
Sales at Less Than Fair Value, 79 FR 58329 (September 29, 2014) 
(Indonesia Final Determination).
    \2\ See Monosodium Glutamate from China and Indonesia, USITC 
Investigation Nos. 731-TA-1229-1230 (Final) Publication 4499 
(November 2014) (ITC Determinations).
    \3\ Id.
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Scope of the Orders

    The products covered by these orders are 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 these orders 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 
these orders 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 
142-47-2, and a UNII number of C3C196L9FG.
    Merchandise covered by these orders is currently classified in the 
Harmonized Tariff Schedule (HTS) of the United States at subheading 
2922.42.10.00. Merchandise covered by these orders 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. These 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 Final Determination of Sales at Less Than Fair Value 
of MSG From the PRC

    On September 29, 2014, the Department published its affirmative 
final determination in the proceeding covering MSG from the PRC.\4\ In 
accordance with 19 CFR 351.224(b), on September 24, 2014, the 
Department disclosed to interested parties the details of its 
calculations for the final determination. On September 29, 2014, 
Ajinomoto North America Inc. (Petitioner), petitioner in the 
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, the 
Meihua Group), a respondent in the PRC investigation, timely submitted 
ministerial error allegations and requested, pursuant to 19 CFR 
351.224, that the Department correct these alleged ministerial errors. 
On October 6, 2014, the Meihua Group submitted rebuttal comments to 
Petitioner's ministerial error allegations.
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    \4\ See PRC Final Determination.
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    After analyzing all comments and rebuttal comments that were 
submitted by interested parties, we determined that, in accordance with 
section 735(e) of the Act and 19 CFR 351.224(e), certain ministerial 
errors were made with respect to the Meihua Group's margin calculation 
and the PRC-wide entity rate.\5\ Specifically, the Department 
inadvertently failed to: (1) Select the appropriate highest 
transaction-specific margin for the PRC-wide entity rate, and (2) 
adjust certain costs of the Meihua Group's ancillary operations 
regarding its MSG production. The amended dumping margins are provided, 
below.
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    \5\ For a detailed discussion of the alleged ministerial errors, 
as well as the Department's analysis, see Memorandum to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, regarding, ``Final Determination of 
Antidumping Duty Investigation of Monosodium Glutamate from the 
People's Republic of China: Allegation of Ministerial Errors,'' 
dated November 20, 2014.
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Antidumping Duty Orders

    As stated above, on November 10, 2014, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of MSG from the PRC and Indonesia.\6\ Because the ITC 
determined that imports of MSG from the PRC and Indonesia are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from the PRC and Indonesia, entered or withdrawn from 
warehouse, for consumption are subject

[[Page 70506]]

to the assessment of antidumping duties.
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    \6\ See ITC Determinations.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of MSG from the PRC and 
Indonesia. These antidumping duties will be assessed on unliquidated 
entries of MSG from the PRC and Indonesia entered, or withdrawn from 
warehouse, for consumption on or after May 8, 2014, the date of 
publication of the preliminary determination,\7\ but will not include 
entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final injury determinations 
as further described below.
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    \7\ See 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) (PRC 
Preliminary Determination), and Monosodium Glutamate From the 
Republic of Indonesia: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination, 79 FR 26406 (May 8, 2014).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of MSG 
from the PRC and Indonesia. We will also instruct CBP to require cash 
deposits equal to the amounts indicated below. These instructions 
suspending liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits at rates equal 
to the estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit at rates equal to the estimated weighted-
average antidumping duty margins listed below.\8\ The relevant all-
others rate for Indonesia or the rate for the PRC-wide entity, as 
applicable, apply to all exporter and producer combinations not 
specifically listed.
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    \8\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 773(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of MSG from the PRC and Indonesia, we extended the four-
month period to no more than six months in each case.\9\ In the 
underlying investigations, the Department published the preliminary 
determinations on May 8, 2014. Therefore, the six-month period 
beginning on the date of publication of the preliminary determinations 
ended on November 4, 2014 (i.e., the last day of that six-month period 
was November 3, 2014). Furthermore, section 737(b) of the Act states 
that definitive duties are to begin on the date of publication of the 
ITC's final injury determination.
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    \9\ See the April 23, 2014, Letter to the Secretary from the 
Meihua Group, ``Monosodium Glutamate from the People's Republic of 
China: Request for Extension of the Final Determination,'' and the 
April 28, 2014, Letter to the Secretary from PT. Cheil Jedang 
Indonesia and CJ America, Inc., ``Antidumping Duty Investigation of 
Monosodium Glutamate from Indonesia: Conditional Request to Postpone 
the Final Determination.''
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    As a result, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of MSG from the PRC and Indonesia, entered, or 
withdrawn from warehouse, for consumption on or after November 4, 2014, 
the date the provisional measures expired, until and through the day 
proceeding the date of publication of the ITC's final injury 
determinations in the Federal Register. Suspension of liquidation 
resumes on the date of publication of the ITC's final determination in 
the Federal Register. The weighted-average dumping margins are as 
follows:

                                 The PRC
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                                                       Weighted-average
           Exporter                   Producer          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Langfang Meihua Bio-           Tongliao Meihua                     20.09
 Technology Co., Ltd./Meihua    Biological SCI-TECH
 Group International Trading    Co., Ltd./Meihua
 (Hong Kong) Limited.           Holdings Group Co.,
                                Ltd., Bazhou Branch.
Fujian Province Jianyang Wuyi  Fujian Province                     20.09
 MSG Co., Ltd.                  Jianyang Wuyi MSG
                                Co., Ltd.
Neimenggu Fufeng               Neimenggu Fufeng                    20.09
 Biotechnologies Co., Ltd.      Biotechnologies Co.,
                                Ltd.
Baoji Fufeng Biotechnologies   Baoji Fufeng                        20.09
 Co., Ltd.                      Biotechnologies Co.,
                                Ltd.
PRC-wide Entity..............  .....................               39.03
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    The PRC-wide entity includes Shandong Linghua Monosodium Glutamate 
Incorporated Company (Shandong Linghua), a mandatory respondent in this 
investigation.

                                Indonesia
------------------------------------------------------------------------
                                                       Weighted-average
                Exporter or producer                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
PT Cheil Jedang Indonesia...........................                6.19
All Others..........................................                6.19
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determinations on imports of MSG from the PRC, we will instruct CBP to 
lift suspension and to refund any cash deposits made to secure the 
payment of estimated antidumping duties with respect to entries of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after February 7, 2014 (i.e., 90 days prior to the 
date of publication of the PRC Preliminary Determination), but before 
May 8, 2014, (i.e., the date of publication of the PRC Preliminary 
Determination).

Notifications to Interested Parties

    This notice constitutes the AD orders with respect to MSG from the 
PRC and

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Indonesia pursuant to section 736(a) of the Act. Interested parties can 
find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders and the amended final determination for PRC are 
published in accordance with sections 735(e), 736(a), and 777(i) of the 
Act, and 19 CFR 351.211 and 351.224(e).

    Dated: November 20, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-28053 Filed 11-25-14; 8:45 am]
BILLING CODE 3510-DS-P