[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69616-69618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22237]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-822]


Methionine From Spain: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) made sales of 
methionine from Spain at less than normal value (NV) during the period 
of review (POR) March 4, 2021, through August 31, 2022. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable October 6, 2023.

FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer, 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) 482-4987.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2022, Commerce published in the Federal Register a 
notice of opportunity \1\ to request an administrative review of the 
antidumping duty (AD) order on methionine from Spain.\2\ On November 3, 
2022, based on a timely request for an administrative review,\3\ 
Commerce initiated an administrative review with respect to Adisseo 
Espa[ntilde]a.\4\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 53719, 53720 
(September 1, 2022).
    \2\ See Methionine from Japan and Spain: Antidumping Duty 
Orders, 86 FR 51119 (September 14, 2021) (Order).
    \3\ See Adisseo Espa[ntilde]a's Letter, ``Adisseo Espa[ntilde]a 
S.A. and Adisseo USA Inc.'s Request for Administrative Review,'' 
dated September 30, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275, 66278 (November 3, 2022), and 
amended by Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50, 53 n.5 (January 3, 2023).
---------------------------------------------------------------------------

    On May 22, 2023, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2), 
Commerce extended the deadline for completing these preliminary results 
to September 29, 2023.\5\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Methionine from Spain: Extension of 
Deadline for the Preliminary Results of the 2021-2022 Antidumping 
Duty Administrative Review,'' dated May 22, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review; 2021-2022: 
Methionine from Spain,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    A list of the topics included in the Preliminary Decision 
Memorandum is included as the appendix 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise covered by the scope of the Order is methionine 
from Spain. A complete description of the scope of the Order is 
contained in the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export price is calculated in accordance 
with section 772 of the Act and NV is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period March 4, 2021, through 
August 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Adisseo Espa[ntilde]a S.A...................................       35.59
------------------------------------------------------------------------


[[Page 69617]]

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify certain information reported by Adisseo Espa[ntilde]a prior to 
issuing its final results.

Disclosure and Public Comment

    Commerce will disclose calculations performed in connection with 
these preliminary results to interested parties within five days of the 
date of publication of this notice, in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs or other written comments 
no later than seven days after the date on which the last verification 
report is issued in this administrative review.\8\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the date for filing case briefs.\9\ Parties who submit 
case or rebuttal briefs in this proceeding 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d); see also See Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this notice. 
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. An electronically-filed 
hearing request must be received successfully in its entirety via 
ACCESS by 5:00 p.m. Eastern Time on the established deadline. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\10\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions should be filed using ACCESS \11\ and must be 
served on interested parties.\12\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
    \12\ See 19 CFR 351.303(f).
    \13\ See Temporary Rule.
---------------------------------------------------------------------------

Final Results of Review

    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 and rebuttal briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act, unless extended.

Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\14\ If the weighted-average dumping margin for Adisseo 
Espa[ntilde]a is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review, we will calculate importer-
specific ad valorem assessment rates for the merchandise based on the 
ratio of the total amount of dumping calculated for the examined sales 
made during the POR to each importer and the total entered value of 
those same sales, in accordance with 19 CFR 351.212(b)(1). Where either 
the respondent's weighted-average dumping margin or an importer-
specific rate is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.\15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Adisseo 
Espa[ntilde]a for which the producer did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate, i.e., 37.53 percent determined in the 
less-than-fair-value (LTFV) investigation,\16\ if there is no rate for 
the intermediate company (or companies) involved in the 
transaction.\17\
---------------------------------------------------------------------------

    \16\ See Order, 86 FR at 51120.
    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Adisseo 
Espa[ntilde]a will be equal to the weighted-average dumping margin 
established in the final results of this administrative review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously reviewed or investigated 
companies not listed above, 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 review, a prior review, or 
in the LTFV investigation but the producer is, the cash deposit rate 
will be the rate established for the most recently completed segment of 
this proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
the all-others rate of 37.53 percent, established in the LTFV 
investigation of this proceeding.\18\
---------------------------------------------------------------------------

    \18\ See Order, 86 FR at 51120.
---------------------------------------------------------------------------

    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary 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 this POR. 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)(2) and 351.221(b)(4).


[[Page 69618]]


    Dated: September 29, 2023.
Lisa. W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-22237 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-DS-P