[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3609-3610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00950]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-826]
Monosodium Glutamate From the Republic of Indonesia: Amended
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) is amending the final
results of the administrative review of the antidumping duty (AD) order
on monosodium glutamate (MSG) from the Republic of Indonesia
(Indonesia) to correct two ministerial errors.
DATES: Applicable January 22, 2020.
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 August 1, 2019, Commerce published the Final Results of the
administrative review of the AD order on MSG from Indonesia covering
the November 1, 2016 through October 31, 2017 period of review
(POR).\1\ On August 6, 2019, Ajinomoto Health & Nutrition North America
(Ajinomoto),\2\ the petitioner in the underlying AD investigation, and
PT. Cheil Jedang Indonesia and U.S. sales affiliate CJ America Inc.
(collectively, CJ Indonesia), the sole respondent in this
administrative review, each timely filed ministerial error allegations
concerning the Final Results.\3\ On August 12, 2019, CJ Indonesia
timely filed a rebuttal to Ajinomoto's allegation.\4\ No interested
party commented on CJ Indonesia's allegation.
---------------------------------------------------------------------------
\1\ See Monosodium Glutamate from the Republic of Indonesia:
Final Results of Antidumping Duty Administrative Review; 2016-2017,
84 FR 37625 (August 1, 2019) (Final Results).
\2\ Formerly known as Ajinomoto North America Inc.
\3\ See Ajinomoto's Letter, ``MSG from Indonesia: Ministerial
Error Comments,'' dated August 6, 2019; see also CJ Indonesia's
Letter, ``Monosodium Glutamate (``MSG'') from Indonesia; 3rd
Administrative Review; CJ Ministerial Error Comments,'' dated August
6, 2019.
\4\ See CJ Indonesia's Letter, ``Monosodium Glutamate (``MSG'')
from Indonesia; Reply to Petitioner's Ministerial Error Comments,''
dated August 12, 2019.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from the inaccurate copying, duplication, or the like, and any other
type of unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review . . .''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Errors
Commerce committed two inadvertent errors in CJ Indonesia's final
dumping margin within the meaning of section 751(h) of the Act and 19
CFR 351.224(f) by: (1) Failing to apply the average-to-transaction
comparison method as a result of its ``differential pricing'' analysis
when determining the appropriate comparison method to use in comparing
weighted-average normal values to weighted-average export prices (or
constructed export prices); and (2) making an error in a currency
calculation when calculating the CEP Offset for CJ Indonesia.
Accordingly, Commerce determines that, in accordance with section
751(h) of the Act and 19 CFR 351.224(f), it made two ministerial errors
in the Final Results. Pursuant to 19 CFR 351.224(e), Commerce is
amending the Final Results to correct these two errors. These
corrections result in a change to CJ Indonesia's weighted-average
dumping margin. For a detailed discussion of Ajinomoto's and CJ
Indonesia's ministerial error allegations, as well as Commerce's
analysis, see the Ministerial Error Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Ministerial Error Memorandum for the Final
Results of the 2016-2017 Antidumping Duty Administrative Review of
Monosodium Glutamate from the Republic of Indonesia,'' dated
concurrently with, and hereby adopted by, this notice (Ministerial
Error Memorandum).
---------------------------------------------------------------------------
Amended Final Results of Administrative Review
As a result of correcting the two ministerial errors described
above, Commerce determines that the following weighted-average dumping
margin for CJ Indonesia exists for the period November 1, 2016 through
October 31, 2017:
[[Page 3610]]
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
PT. Cheil Jedang Indonesia................................. 0.71
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
Pursuant to 19 CFR 351.212(b)(1), CJ Indonesia reported the entered
value of its U.S. sales such that we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where an importer-
specific rate is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), Commerce will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. The amended final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by the amended final results
of this review and for future deposits of estimated duties, where
applicable.\7\
---------------------------------------------------------------------------
\7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after August 1, 2019,
the date of publication of the Final Results of this administrative
review in the Federal Register, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for CJ Indonesia will be that
established in these amended final results; (2) for previously reviewed
or investigated companies, including those for which Commerce may have
determined had no shipments during the POR, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this or
review (or in an earlier review), or in the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established in the most recently-
completed segment of this proceeding for the manufacturer of the
merchandise; and (4) if neither the exporter nor the manufacturer is a
firm covered in this or any previously completed segment of this
proceeding, then the cash deposit rate will be the all-others rate of
6.19 percent, the all-others rate established in the LTFV
investigation.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\8\ See Monosodium Glutamate from the Republic of Indonesia:
Final Determination of Sales at Less Than Fair Value, 79 FR 58329
(September 29, 2014).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as the 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 the period of review. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative productive order (APO) of their responsibility
concerning the disposition 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 return or destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: January 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00950 Filed 1-21-20; 8:45 am]
BILLING CODE 3510-DS-P