[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40182-40183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14283]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]


Monosodium Glutamate From the Republic of Indonesia: Notice of 
Initiation and Preliminary Results of Changed Circumstances Review

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

SUMMARY: In response to a request for a changed circumstances review 
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR 
of the antidumping duty (AD) order on monosodium glutamate (MSG) from 
the Republic of Indonesia (Indonesia). We preliminarily determine that 
PT. Daesang Ingredients Indonesia (PT. Daesang) is the successor-in-
interest to PT. Miwon Indonesia (PT. Miwon). Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable July 6, 2022.

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 November 26, 2014, Commerce published the AD order on MSG from 
Indonesia in the Federal Register.\1\ In the most recent administrative 
review of the Order covering the period November 1, 2019, through 
October 31, 2020, PT. Miwon was assigned the cash deposit rate of 1.60 
percent as a mandatory company respondent.\2\
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    \1\ See Monosodium Glutamate from the People's Republic of 
China, and the Republic of Indonesia: Antidumping Duty Orders; and 
Monosodium Glutamate from the Republic of China: Amended Final 
Determination of Sales at Less Than Fair Value, 79 FR 70505 
(November 26, 2014) (Order).
    \2\ See Monosodium Glutamate from the Republic of Indonesia: 
Final Results of Antidumping Duty Administrative Review; 2019-2020, 
87 FR 18767 (March 31, 2022).
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    On March 10, 2022, PT. Daesang requested that Commerce conduct an 
expedited CCR to find that PT. Daesang is the successor-in-interest to 
PT. Miwon due to a change in the company's name (i.e., PT. Miwon to PT. 
Daesang).\3\ In its submission, PT. Daesang addressed the factors 
Commerce analyzes with respect to successor-in-interest determinations 
in the AD context and provided supporting documentation.\4\ Commerce 
received no comments from interested parties on PT. Daesang's CCR 
Request.
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    \3\ See PT. Daesang's Letter, ``Monosodium Glutamate (MSG) from 
Indonesia: Request to Initiate a Successor-in-Interest Changed 
Circumstances Review for PT. Daesang Ingredients Indonesia,'' dated 
March 10, 2022 (PT. Daesang's CCR Request).
    \4\ Id.
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Scope of the Order

    The merchandise covered by the Order is MSG from Indonesia. For a 
full description of the merchandise covered by the scope of the Order, 
see the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Initiation and 
Preliminary Results of the Changed Circumstances Review of the 
Antidumping Duty Order on Monosodium Glutamate from the Republic of 
Indonesia: PT. Daesang Ingredients Indonesia,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR upon receipt 
of a request from an interested party for a review of an AD order that 
shows changed circumstances sufficient to warrant a review of the 
order.\6\ The information submitted by PT. Daesang supporting its claim 
that PT. Daesang is the successor-in-interest to PT. Miwon demonstrates 
changed circumstances sufficient to initiate a review.\7\
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    \6\ See 19 CFR 351.216(c).
    \7\ See 19 CFR.351.216(d).
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    The information submitted by PT. Daesang demonstrates that its 
request is based solely on a change in the name of the company from 
``PT. Miwon Indonesia'' to ``PT. Daesang Ingredients Indonesia,'' 
effective November 2021.\8\ Moreover, the evidence submitted in support 
of PT. Daesang's request

[[Page 40183]]

demonstrates that PT. Daesang is otherwise the same business entity as 
PT. Miwon. Therefore, in accordance with the regulation referenced 
above, Commerce is initiating a CCR to determine whether PT. Daesang is 
the successor-in-interest to PT. Miwon.
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    \8\ See PT. Daesang's CCR Request at Exhibit 2. The specific 
effective date of the name change is business proprietary 
information and is not available for public summary.
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Preliminary Results of the Changed Circumstances Review

    When Commerce concludes that expedited action is warranted, it may 
publish the notice of initiation and preliminary results of a CCR 
concurrently.\9\ Commerce has combined the notice of initiation and 
preliminary results in successor-in-interest cases when sufficient 
documentation has been provided supporting the request to make a 
preliminary determination.\10\ In this instance, because we have 
information on the record to support the request for a preliminary 
determination and no other interested party submitted comments, we find 
that expedited action is warranted, and we are combining the notice of 
initiation and the notice of preliminary results of review, in 
accordance with 19 CFR 351.221(c)(3)(ii).
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    \9\ See 19 CFR 351.221(c)(3)(ii).
    \10\ See, e.g., Certain Frozen Freshwater Shrimp from India: 
Notice of Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 85 FR 57192 (September 15, 2020) 
(Hyson CCR Initiation and Preliminary Results), unchanged in Certain 
Frozen Freshwater Shrimp from India: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review, 85 FR 70584 (November 
5, 2020) (Hyson CCR Final Results).
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    In a CCR, Commerce generally consider a company to be the successor 
to another company for AD cash deposit purposes if the operations of 
the successor are not materially dissimilar from those of its 
predecessor.\11\ In making this determination, Commerce examines a 
number of factors including, but not limited to, changes in: (1) 
management; (2) production facilities; (3) suppliers; and (4) customer 
base.\12\ While no single factor or combination of factors is 
dispositive, Commerce will generally consider one company to be the 
successor to another if its resulting operations are essentially the 
same as that of its predecessor.\13\ Thus, if the evidence demonstrates 
that, with respect to the production and sale of the subject 
merchandise, the new company operates as the same business entity as 
the prior company, Commerce will assign the new company the cash 
deposit rate of its predecessor.\14\
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    \11\ Id.
    \12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from Turkey: Notice of Initiation and Preliminary 
Results of Changed Circumstances Review, 86 FR 70443 (December 10, 
2021) at 86 70444, unchanged in Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from Turkey: Final Results of Changed 
Circumstances Review, 87 FR 3763 (January 25, 2022).
    \13\ Id.
    \14\ See, e.g., Hyson CCR Initiation and Preliminary Results, 
unchanged in Hyson CCR Final Results.
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    In its CCR request, PT. Daesang provided evidence demonstrating 
that its operations are not materially dissimilar from those of PT. 
Miwon. Based on the record, we preliminarily determine that PT. Daesang 
is the successor-in-interest to PT. Miwon. For a complete discussion of 
the information that PT. Daesang provided, including business 
proprietary information and the complete successor-in-interest 
analysis, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Determination Memorandum is included as 
the appendix to this notice. The Preliminary Determination 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice, in accordance with 19 CFR 351.310(c).\15\ 
Interested parties may submit case briefs no later than 14 days after 
the date of publication of this notice.\16\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the deadline for case briefs, in accordance with 19 CFR 
351.309(d). Parties who submit case or rebuttal briefs in this CCR are 
requested to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\17\ All comments are to be filed electronically using 
ACCESS, and must be served on interested parties. An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the day it is due.\18\ Please note that 
Commerce has temporarily modified certain requirements for serving 
documents containing business proprietary information, until further 
notice.\19\
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    \15\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \16\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
    \18\ See 19 CFR 351.303(b).
    \19\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this CCR no later than 270 days after the date on which this review 
was initiated, or within 45 days of publication of these preliminary 
results in the Federal Register if all parties agree to this 
preliminary finding.

Notification to Interested Parties

    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i) of the 
Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3).

    Dated: June 28, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances 
Review
V. Success-in-Interest Determination
VI. Conclusion
VII. Recommendation

[FR Doc. 2022-14283 Filed 7-5-22; 8:45 am]
BILLING CODE 3510-DS-P