[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25234-25235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07532]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-822]


Methionine From Spain: Final 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) determines that 
Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a), the sole producer 
and exporter subject to this administrative review, made sales of 
methionine from Spain at less-than-normal value (LTFV) during the 
period of review (POR), March 4, 2021, through August 31, 2022.

DATES: Applicable April 10, 2024.

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 October 6, 2023, Commerce published the Preliminary Results in 
the Federal Register, and invited comments from interested parties.\1\ 
A complete summary of the events that occurred since Commerce published 
the Preliminary Results, as well as a full discussion of the issues 
raised by parties for these final results, are discussed in the Issues 
and Decision Memorandum.\2\ Commerce conducted this administrative 
review in accordance with section 751(a) of the Tariff Act of 1930, as 
amended (the Act). On January 26, 2024, we extended the deadline for 
these final results to no later than April 3, 2024.\3\
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    \1\ See Methionine from Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022, 88 FR 69616 
(October 6, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on 
Methionine from Spain; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for the Final 
Results of Antidumping Duty Administrative Review,'' dated January 
26, 2024.
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Scope of the Order 4
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    \4\ See Methionine from Japan and Spain: Antidumping Duty 
Orders, 86 FR 51119 (September 14, 2021) (Order).
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    The merchandise covered by the Order is methionine from Spain. For 
a complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of the Comments Received

    A list of the issues raised by interested parties, to which we 
responded in the Issues and Decision Memorandum, is provided in the 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic System 
(ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margin calculation 
for Adisseo Espa[ntilde]a.\5\
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    \5\ For a full description of changes, see Issues and Decision 
Memorandum.
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Final Results of Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margin exists for the period March 4, 2021, 
through August 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Adisseo Espa[ntilde]a S.A..................................        9.24
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in these final results within five days 
of the date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these final results.
    Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 
ad valorem duty assessment rates based on the ratio

[[Page 25235]]

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 the respondent's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR for which the reviewed company 
did not know that the merchandise it sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\6\
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    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 deposit requirements will be effective 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 that 
is established in the ``Final Results of Review;'' (2) for previously 
investigated or reviewed exporters not subject to this review, 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 the LTFV investigation, but the producer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of the proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 37.53 percent ad valorem, the all-others 
rate established in the LTFV investigation.\7\
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    \7\ See Order, 86 FR at 51120.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a 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 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the 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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(2).

    Dated: April 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Recoding of Adisseo Espa[ntilde]a's Home Market Level 
of Trade
    Comment 2: Application of Adverse Facts Available to Adisseo 
Espa[ntilde]a's Home Market
    Comment 3: Recalculation of Adisseo Espa[ntilde]a's U.S. 
Indirect Selling Expenses
    Comment 4: Rejection the Adjustment for Adisseo Espa[ntilde]a's 
U.S. Credit, Inventory Carrying Costs, and Bank Charge Rate
    Comment 5: Exclusion of Adisseo Espa[ntilde]a's Certain Home 
Market Sales Outside the Ordinary Course of Trade
VI. Recommendation

[FR Doc. 2024-07532 Filed 4-9-24; 8:45 am]
BILLING CODE 3510-DS-P