[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12627-12629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04415]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-831]
Methionine From France: Preliminary Affirmative Determination of
Sales at Less Than Fair Value and Partial Affirmative Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that methionine from France is being, or is likely to be, sold in the
United States at less than fair value (LTFV). Commerce also
preliminarily determines that critical circumstances exist with respect
to certain imports of subject merchandise. The period of investigation
is July 1, 2019, through June 30, 2020. Interested parties are invited
to comment on this preliminary determination.
DATES: Applicable March 4, 2021.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this LTFV investigation on August 18, 2020.\1\ On December
14, 2020, Commerce postponed the preliminary determination in this
investigation and the revised deadline is now February 24, 2021.\2\ For
a complete description of the events that followed the initiation of
this investigation, see the Preliminary Decision Memorandum.\3\ A list
of topics included in the Preliminary Decision Memorandum is included
as Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\1\ See Methionine from France, Japan, and Spain: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 52324 (August 25, 2020)
(Initiation Notice).
\2\ See Methionine From France, Japan and Spain: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 85 FR 80774 (December 14, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Methionine from France,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation is methionine from
France. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested
parties commented on the scope of this investigation as it appeared in
the Initiation Notice.\6\ Commerce is not preliminarily modifying the
scope language as it appeared in the Initiation Notice. See the scope
in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ Sumitomo's September 8, 2020 scope comments pertain to the
product characteristics, and not the scope of the investigation.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences, for Adisseo France SAS and Commentry (collectively,
Adisseo France), the two companies selected for individual examination
in this investigation.\7\ For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
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\7\ For the purposes of this investigation, we have considered
Adisseo France's responses to Commerce's requests for information on
behalf of both Commentry and Adisseo France SAS. For a full
discussion on respondent selection in this investigation, see the
Preliminary Determination Memorandum at 2.
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Preliminary Affirmative Determination of Critical Circumstances
On February 1, 2021, the petitioner \8\ timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the subject merchandise from France.
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\8\ The petitioner is Novus International, Inc.
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Section 733(e)(1) of the Act provides that Commerce will
preliminarily determine that critical circumstances exist in an LTFV
investigation if there is a reasonable basis to believe or suspect
that: (A) There is a history of dumping and material injury by reason
of dumped imports in the United States or elsewhere of the subject
merchandise, or the person by whom, or for whose account, the
merchandise was imported knew or should have known that the exporter
was selling the subject merchandise at less than its fair value and
that there was likely to be material injury by reason of such sales;
and (B) there have been massive imports of the
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subject merchandise over a relatively short period.
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of methionine produced and exported by Adisseo
France. Furthermore, we preliminarily determine that critical
circumstances do not exist with respect to imports of methionine
produced and exported by all other producers and exporters from France.
For a full description of Commerce's preliminary critical circumstances
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act provides that in the
preliminary determination Commerce shall determine an estimated
weighted-average dumping margin for all other producers and exporters
not individually examined. Pursuant to section 735(c)(5)(A) of the Act,
this rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters or
producers individually investigated, excluding rates that are zero, de
minimis, or determined entirely under section 776 of the Act. Pursuant
to section 735(c)(5)(B) of the Act, if the estimated weighted-average
dumping margins established for all exporters and producers
individually examined are zero, de minimis, or determined based
entirely on facts otherwise available, Commerce may use any reasonable
method to establish the estimated weighted-average dumping margin for
all other producers or exporters.
Commerce has preliminarily determined the estimated weighted-
average dumping margin for Adisseo France entirely under section 776 of
the Act. Pursuant to section 735(c)(5)(B) of the Act, Commerce's normal
practice under these circumstances has been to calculate the all-others
rate as a simple average of the alleged dumping margins from the
petition. However, because there is only one dumping margin alleged in
the Petition (i.e., 16.17 percent),\9\ we used that rate as the
estimated weighted-average dumping margin for all other producers and
exporters. For a full description of the methodology underlying
Commerce's analysis, see the Preliminary Decision Memorandum.
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\9\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping Duties: Methionine from France, Japan, and Spain,''
dated July 29, 2020 (Petition); see also Initiation Notice, 85 FR at
52327, and accompanying France-specific Initiation Checklist.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Adisseo France SAS and Commentry............................ 43.82
All Others.................................................. 16.17
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit as
follows: (1) The cash deposit rate for Adisseo France will be equal to
the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not the respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, the suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
The date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. As noted above, Commerce
preliminarily finds that critical circumstances exist for imports of
subject merchandise produced and exported by Adisseo France. In
accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of shipments of
methionine that were produced and exported by Adisseo France that were
entered, or withdrawn from warehouse, for consumption on or after the
date which is 90 days before the publication date of this notice in the
Federal Register.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties any calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
Because Adisseo France did not provide all of the information
requested by Commerce and affirmatively stated that it would no longer
participate in this investigation, we will not conduct verification as
part of this investigation.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 21 days after the date of publication of the preliminary
determination.\10\ Rebuttal briefs, limited to issues raised in these
case briefs, may be submitted no later than seven days after the
deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Commerce has modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\12\
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\10\ See 19 CFR 351.309(c)(1)(i); and 19 CFR 351.303 (for
general filing requirements). Commerce has exercised its discretion
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission
of case briefs.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (collectively,
Temporary Rule).
\12\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of
[[Page 12629]]
Commerce, within 30 days after the date of publication of this notice.
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date of the hearing.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On February 5, 2021, pursuant to 19 CFR 351.210(e), Adisseo France
requested a postponement of the final determination of this
investigation in the case of an affirmative determination by
Commerce.\13\ Furthermore, pursuant to section 733(d) of the Act and 19
CFR 351.210(e)(2), Adisseo France agreed to an extension of provisional
measures in this investigation from a period of four to no more than
six months.\14\ The petitioner submitted an opposition to Adisseo
France's postponement because of Adisseo France's withdrawal from the
investigation.\15\
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\13\ See Adisseo France's Letter, ``Methionine from France:
Request for Postponement of Final Determination and Provisional
Measures Period,'' dated February 5, 2021, at 1.
\14\ Id. at 2.
\15\ See Petitioner's Letter, ``Methionine from France:
Opposition to Extension of Final Determination,'' dated February 9,
2021.
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Ordinarily, in accordance with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii), Commerce will grant an extension if: (1) The
preliminary determination is affirmative; (2) the requesting exporter,
and in this case producer, accounts for a significant proportion of
exports of subject merchandise; and (3) no compelling reasons for
denial exist. In this investigation, Commerce has determined that
Adisseo France's withdrawal provides a compelling reason to deny
Adisseo France's request for postponement, because Adisseo France
represents both mandatory respondents and has withdrawn from this
investigation.\16\ Furthermore, Adisseo France has indicated that it
will no longer respond to Commerce's requests for information.\17\
Therefore, because Commerce will not receive further information from
Adisseo France for the remainder of this investigation nor conduct
verification, Commerce will not be postponing its final determination
in this investigation. Moreover, because the final determination will
not be postponed, Commerce will not be extending provisional measures.
Accordingly, Commerce will make its final determination no later than
75 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(1) of the Act.
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\16\ See Adisseo France's Letter, ``Methionine from France:
Withdrawal from Investigation and Withdrawal of Proprietary
Information,'' dated January 22, 2021.
\17\ Id. at 2.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of methionine from France are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: February 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is methionine and
dl-Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-
(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle
size, grade, or physical form. Methionine has the chemical formula
C5H11NO2S, liquid HMTBa has the
chemical formula C5H10O3S, and dry
HMTBa has the chemical formula
(C5H9O3S)2Ca.
Subject merchandise also includes methionine processed in a
third country including, but not limited to, refining, converting
from liquid to dry or dry to liquid form, or any other processing
that would not otherwise remove the merchandise from the scope of
these investigations if performed in the country of manufacture of
the in-scope methionine or dl-Hydroxy analogue of dl-methionine.
The scope also includes methionine that is commingled (i.e.,
mixed or combined) with methionine from sources not subject to these
investigations. Only the subject component of such commingled
products is covered by the scope of these investigations.
Excluded from this investigation is United States Pharmacopoeia
(USP) grade methionine. In order to qualify for this exclusion, USP
grade methionine must meet or exceed all of the chemical, purity,
performance, and labeling requirements of the United States
Pharmacopeia and the National Formulary for USP grade methionine.
Methionine is currently classified under subheadings
2930.40.0000 and 2930.90.4600 of the Harmonized Tariff Schedule of
the United States (HTSUS). Methionine has the Chemical Abstracts
Service (CAS) registry numbers 583-91-5, 4857-44-7, 59-51-8 and 922-
50-9. While the HTSUS subheadings and CAS registry numbers are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Return of Record Information
VII. Application of Facts Available and Use of Adverse Inferences
VIII. All-Others Rate
IX. Critical Circumstances
X. Recommendation
[FR Doc. 2021-04415 Filed 3-3-21; 8:45 am]
BILLING CODE 3510-DS-P