[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37625-37626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15918]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-826]
Monosodium Glutamate From the Republic of Indonesia: 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) determines that PT.
Cheil Jedang Indonesia (CJ Indonesia), an Indonesian producer/exporter
of monosodium glutamate (MSG) and the sole respondent in this review,
did not make sales of MSG at prices below normal value during the
period of review (POR) November 1, 2016 through October 31, 2017.
DATES: Applicable August 1, 2019.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2018, Commerce published the Preliminary
Results.\1\ For a detailed history of events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\2\
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018 through the
resumption of operations on January 29, 2019.\3\ On May 13, 2019, we
extended the deadline for these final results until no later than July
19, 2019.\4\
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\1\ See Monosodium Glutamate from the Republic of Indonesia:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 63626 (December 11, 2018) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Administrative Review of the
Antidumping Duty Order on Monosodium Glutamate from the Republic of
Indonesia,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memorandum, ``Monosodium Glutamate from the Republic of
Indonesia: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review; 2016-2017,'' dated May 13, 2019.
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Scope of the Order
The merchandise covered by this order is MSG, whether or not
blended or in solution with other products. Merchandise covered by this
order is currently classified in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheading 2922.42.10.00. Merchandise covered
by this order may also enter under HTSUS 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.\5\ The written description of the scope of the
antidumping duty order is dispositive.
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\5\ For a full description of the scope of the order, see the
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties are addressed in the Issues and Decision Memorandum. The Issues
and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov, and is
available to all parties in the Central Records Unit, room B8024 of the
main Commerce Building. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the internet at
http://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and its electronic version are identical in content.
A list of the issues that parties raised, and to which we responded
in the Issues and Decision Memorandum, is attached as the Appendix to
this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments we received from interested
parties, we made certain changes to the margin calculations for CJ
Indonesia.\6\
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\6\ See Issues and Decision Memorandum.
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Final Results of Administrative Review
As a result of this administrative review, we determine the
following weighted-average dumping margin exists for the period
November 1, 2016 through October 31, 2017:
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Weighted-
average
Producer/exporter dumping
margin
(prcent)
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PT. Cheil Jedang Indonesia.............................. 0.00
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Disclosure and Public Comment
We intend to disclose the margin calculations performed in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.224(b).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. Because the weighted-
average dumping margin for CJ Indonesia has been determined to be zero
within the meaning of 19 CFR 351.106(c), we will instruct CBP to
liquidate the appropriate entries of subject merchandise without regard
to antidumping duties.
In accordance with Commerce's practice, for entries of subject
merchandise during the POR produced by CJ Indonesia for which it did
not know that the merchandise was destined for the United States, we
will instruct CBP to liquidate those entries at the all-others rate if
there is no rate for the intermediate company(ies) involved in the
transaction.\7\
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\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 consumptions on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit
rate for merchandise produced and/or exported by CJ Indonesia will be
0.00 percent, the rate established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies not
[[Page 37626]]
covered under this administrative review, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this or any
previous review or in the original less-than-fair-value (LTFV)
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 6.19 percent, the all-
others rate established in the LTFV investigation.\8\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Monosodium Glutamate from the Republic of Indonesia:
Final Determination of Sales at Less Than Fair Value, 79 FR 58329
(September 29, 2014).
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Notification to Importers
This notice 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 services 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
governs 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 771(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Rely on Facts Available for
CJ Indonesia's Inland Freight/Plant Warehouse to Customer Expenses
Comment 2: Whether Commerce Should Rely on CJ Indonesia's
Reported General and Administrative (G&A) Expenses, Modified to
Reflect Royalty Expense
Comment 3: Whether Commerce Should Correct Currency Conversion
Errors in the Preliminary Results
VI. Recommendation
[FR Doc. 2019-15918 Filed 7-31-19; 8:45 am]
BILLING CODE 3510-DS-P