[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