[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64106-64107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26974]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-992]
Monosodium Glutamate From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has completed the
administrative review of the antidumping duty order on monosodium
glutamate (MSG) from the People's Republic of China (China) covering
the period of review (POR) November 1, 2016, through October 31, 2017.
We continue to find that none of the exporters of subject merchandise
demonstrated eligibility for a separate rate; therefore, each is part
of the China-wide entity.
DATES: Applicable December 13, 2018.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6251.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2018, Commerce published the Preliminary Results and
gave interested parties an opportunity to comment.\1\ Commerce received
no comments. These final results cover 27 companies for which an
administrative review was requested and not rescinded.\2\ This review
was conducted in accordance with section 751(a)(1)(B) of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Monosodium Glutamate from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review; 2016-17, 83 FR 39420 (August 8, 2018) (Preliminary Results).
\2\ Id.
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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
142-47-2, and a UNII number of C3C196L9FG. Merchandise
[[Page 64107]]
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.\3\
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\3\ 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)
(Amended Antidumping Duty Order).
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Final Results of Review
Commerce preliminarily determined that none of the companies
subject to this review demonstrated eligibility for separate rate
status and were thus found to be part of the China-wide entity.\4\ As
noted above, Commerce received no comments concerning the Preliminary
Results of this segment of the proceeding. As there are no changes
from, or comments upon, the Preliminary Results, Commerce finds that
there is no reason to modify its analysis. Accordingly, no decision
memorandum accompanies this Federal Register notice. For further
details of the issues addressed in this proceeding, see the Preliminary
Results.\5\ In these final results of review, we continued to treat all
27 exporters subject to this review as part of the China-wide
entity.\6\ The China-wide entity rate is 40.41 percent.\7\
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\4\ See Preliminary Results.
\5\ Id.
\6\ In the Preliminary Results, we found all 27 exporters
subject to this review to be part of the China-wide entity as each
exporter failed to submit an SRA and/or an SRC to establish its
eligibility for separate rate status. For further details of the
issues addressed in this proceeding, see the Preliminary Results.
\7\ See Amended Antidumping Duty Order.
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China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\8\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the entity is not under review and the entity's rate is
not subject to change (i.e., 40.41 percent).\9\
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\8\ 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 (November 4, 2013).
\9\ See Amended Antidumping Duty Order.
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b)(1). Commerce intends to issue assessment instructions
directly to CBP 15 days after publication in the Federal Register of
these final results of this administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed Chinese and non-Chinese exporters not under
review in this segment of the proceeding, but who have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (2) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the China-wide entity rate
(i.e., 40.41 percent); and (3) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to Chinese exporter that supplied that
non-Chinese exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).
Dated: December 6, 2018.
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.
[FR Doc. 2018-26974 Filed 12-12-18; 8:45 am]
BILLING CODE 3510-DS-P