[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45724-45725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18829]
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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;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
the 28 companies subject to this administrative review are part of the
China-wide entity because none filed a separate rate application (SRA)
and/or a separate rate certification (SRC). The period of review (POR)
is November 1, 2017 through October 31, 2018. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable August 30, 2019.
FOR FURTHER INFORMATION CONTACT: Leo Ayala, 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) 482-3945.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2018, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
monosodium glutamate (MSG) from the People's Republic of China
(China).\1\ In response, on November 30, 2018, Ajinomoto North America,
Inc. (the petitioner) requested a review of 28 companies.\2\ Commerce
initiated a review of all 28 companies on February 6, 2019.\3\ For a
list of these companies, see the appendix to this notice. The deadline
for interested parties to submit an SRA or an SRC was March 7, 2019.\4\
No party submitted an SRA or an SRC.\5\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 39420 (November 1, 2018) (Order).
\2\ See Ajinomoto's Letter, ``Monosodium Glutamate from China:
Request for Administrative Review,'' dated November 30, 2018, at
Attachment A (listing 28 companies for which Ajinomoto sought a
review).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019) (Initiation
Notice).
\4\ See Initiation Notice.
\5\ Id. at 2160 (``Separate Rate Certifications are due to
Commerce no later than 30 calendar days after publication of this
Federal Register notice . . . Separate Rate Status Applications are
due to Commerce no later than 30 calendar days from publication of
this Federal Register notice.'').
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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 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.\6\
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\6\ 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
Commerce 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.
Preliminary Results of Review
Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\7\ Accordingly, the NME entity will not be under review unless
Commerce specifically receives a request for, or self-initiates, a
review of the NME entity.\8\ In this administrative review, no party
requested a review of the China-wide entity. Moreover, we have not
self-initiated a review of the China-wide entity. Because no review of
the China-wide entity is being conducted, the China-wide entity's
entries are not subject to the review and the rate applicable to the
NME entity is not subject to change as a result of this review.
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\7\ 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).
\8\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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None of the 28 companies subject to this review filed an SRA or an
SRC. Commerce preliminarily determines that these companies have not
demonstrated their eligibility for separate rate status. Commerce also
preliminarily determines that the 28 companies subject to review are
part of
[[Page 45725]]
the China-wide entity. The China-wide entity rate is 40.41 percent.\9\
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\9\ 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.\10\ 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.\11\
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.\12\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1) and (2).
\12\ 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 Commerce within
30 days of the date of publication of this notice.\13\ 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.\14\ Commerce 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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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce 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.\15\ 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 China-
wide entity at the China-wide entity rate of 40.41 percent. Commerce
intends to issue assessment instructions to CBP 15 days after the date
of publication of this review in the Federal Register.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ 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 China 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 Chinese and non-Chinese 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 Chinese 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 China-wide entity (i.e.,
40.41 percent); and (4) 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 the Chinese exporter that supplied
that non-Chinese 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
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).
Dated: August 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Companies Covered by This Review
1. Anhui Fresh Taste International Trade Co., Ltd.
2. Baoji Fufeng Biotechnologies Co., Ltd.
3. Blu Logistics (China) Co., Ltd.
4. Bonroy Group Limited
5. Forehigh Trade and Industry Co., Ltd.
6. Fujian Province Jianyang Wuyi MSG Co., Ltd.
7. Golden Banyan Foodstuffs Industry Co., Ltd.
8. Henan Lotus Flower Gourmet Powder Co.
9. Hong Kong Sungiven International Food Co., Limited
10. Hulunbeier Northeast Fufeng Biotechnologies Co., Ltd.
11. K&S Industry Limited
12. King Cheong Hong International
13. Langfang Meihua Bio-Technology Co., Ltd.
14. Liangshan Linghua Biotechnology Co., Ltd.
15. Lotus Health Industry Holding Group
16. Meihua Group International Trading (Hong Kong) Limited,
17. Meihua Holdings Group Co., Ltd., Bazhou Branch
18. Neimenggu Fufeng Biotechnologies Co., Ltd.
19. Pudong Prime Int'l Logistics, Inc.
20. Qinhuangdao Xingtai Trade Co., Ltd.
21. S.D. Linghua M.S.G. Incorporated Co.
22. Shandong Linghua Monosodium Glutamate Incorporated Company
23. Shandong Qilu Biotechnology Group
24. Shanghai Totole Food Ltd.
25. Shijiazhuang Standard Imp & Exp Co., Ltd.
26. Sunrise (HK) International Enterprise Limited
27. Tongliao Meihua Biological Sci-Tech Co., Ltd.
28. Zhejiang Medicines & Health
[FR Doc. 2019-18829 Filed 8-29-19; 8:45 am]
BILLING CODE 3510-DS-P