[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36705-36707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14893]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-831]


Methionine From France: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping

[[Page 36706]]

duty (AD) order on methionine from France.

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

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on May 17, 2021, Commerce published its 
Final Determination in the less-than-fair-value (LTFV) investigation of 
imports of methionine from France in which it found that sales of 
methionine from France were at LTFV and that critical circumstances 
existed for the mandatory respondent in the investigation but did not 
exist for all other producers and exporters.\1\ On June 30, 2021, the 
ITC notified Commerce of its final affirmative determination that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of 
methionine from France, and its determination that critical 
circumstances do not exist with respect to methionine from France 
subject to Commerce's partial affirmative critical circumstances 
determination on May 17, 2021.\2\
---------------------------------------------------------------------------

    \1\ See Methionine from France: Final Determination of Sales at 
Less Than Fair Value and Final Partial Determination of Critical 
Circumstances, 86 FR 26697 (May 17, 2021) (Final Determination).
    \2\ See ITC's Letter, ITC Notification, dated June 30, 2021.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is methionine from France. For a 
full description of the scope of the order, see the appendix to this 
notice.

Antidumping Duty Order

    On June 30 2021, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of the ITC Final 
Determinations that an industry in the United States is materially 
injured by reason of imports of methionine from France and its 
determination that critical circumstances do not exist with respect to 
imports of subject merchandise from France that are subject to 
Commerce's affirmative critical circumstances finding. Therefore, in 
accordance with section 735(c)(2) of the Act, we are issuing this AD 
order on methionine from France. Because Commerce has determined that 
sales of methionine from France were made at LTFV, and the ITC 
determined that imports of methionine from France are materially 
injuring the U.S. industry, unliquidated entries of such merchandise 
from France entered, or withdrawn, for consumption are subject to the 
assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce intends to direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise for all 
relevant entries of methionine from France. As further described below, 
antidumping duties will be assessed on unliquidated entries of 
methionine entered, or withdrawn from warehouse, for consumption, on or 
after March 4, 2021, the date of publication of the Preliminary 
Determination,\3\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination, as further described below.
---------------------------------------------------------------------------

    \3\ See Methionine From France: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Partial 
Affirmative Determination of Critical Circumstances, 86 FR 12627 
(March 4, 2021) (Preliminary Determination).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
intends to instruct CBP to continue to suspend liquidation on all 
relevant entries of methionine from France. These instructions 
suspending liquidation will remain in effect until further notice. 
Pursuant to 735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce 
also intends to instruct CBP to require cash deposits equal to the 
estimated weighted-average dumping margins indicated in the table 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determination,\4\ CBP must require, at the same time as importers would 
normally deposit estimated customs duties on subject merchandise, a 
cash deposit equal to the rates listed in the table below. The all-
others rate applies to producers and exporters not specifically listed, 
as appropriate.
---------------------------------------------------------------------------

    \4\ See Methionine from France (Inv. No. 731-TA-1534 (Final)), 
86 FR 35826 (July 7, 2021) (ITC Final Determination).
---------------------------------------------------------------------------

Critical Circumstances

    With regard to instances in which entries of subject merchandise 
were produced and exported by Adisseo France S.A.S. and Commentry 
(collectively, Adisseo), or produced by Adisseo and exported by a 
company not specified in the table below, within 90 days prior to the 
publication of the Preliminary Determination, then, pursuant to section 
735(c)(1)(B)(ii) of the Act, Commerce had instructed CBP to require a 
cash deposit for such entries of subject merchandise at a rate equal to 
the estimated weighted-average dumping margin established for Adisseo.
    However, with regard to the ITC's negative critical circumstances 
determination on imports of methionine from France, we will instruct 
CBP to lift suspension and to refund all cash deposits made to secure 
the payment of estimated antidumping duties with respect to entries of 
the subject merchandise attributed to all parties entered, or withdrawn 
from warehouse, for consumption on or after December 4, 2020 (i.e., 90 
days prior to the date of the publication of the Preliminary 
Determination), but before March 4, 2021 (i.e., the date of publication 
of the Preliminary Determination).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Adisseo France S.A.S. and Commentry.........................       43.82
All Others..................................................       16.17
------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that commerce extend the four-month period to no more than six months. 
For this investigation, Commerce decided not to extend the four-month 
period to six months. Commerce published the Preliminary Determination 
in this investigation on March 4, 2021.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    The provisional measures period, beginning on the date of 
publication of

[[Page 36707]]

the preliminary determination, ended on July 1, 2021. Therefore, in 
accordance with section 733(d) of the Act and our practice, Commerce 
will instruct CBP to terminate the suspension of liquidation, to refund 
all cash deposits for estimated antidumping duties, and to liquidate, 
without regard to antidumping duties, unliquidated entries of 
methionine from France entered, or withdrawn from warehouse, for 
consumption after July 1, 2021, the final day on which the provisional 
measures were in effect, until and through the day preceding the date 
of publication of the ITC's final affirmative injury determination in 
the Federal Register (i.e., through July 6, 2021).\6\ Suspension of 
liquidation and the collection of cash deposits will resume on the date 
of publication of the ITC's final determination in the Federal Register 
(i.e., July 7, 2021).
---------------------------------------------------------------------------

    \6\ See ITC Final Determination.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD order with respect to methionine 
from France, pursuant to section 736(a) of the Act. Interested parties 
can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: July 8, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

Scope of the Order

    The merchandise covered by this order 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 
this order 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 this 
order. Only the subject component of such commingled products is 
covered by the scope of this order.
    Excluded from this order 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 
2930.40.00.00 and 2930.90.46.00 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 number are 
provided for convenience and customs purposes, the written 
description of the scope of this order is dispositive.

[FR Doc. 2021-14893 Filed 7-12-21; 8:45 am]
BILLING CODE 3510-DS-P