Monosodium Glutamate From the Republic of Indonesia: Final Determination of Sales at Less Than Fair Value, 58329-58330 [2014-23126]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58329-58330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]


Monosodium Glutamate From the Republic of Indonesia: Final 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the Department) determines that 
monosodium glutamate (MSG) from the Republic of Indonesia (Indonesia) 
is being, or is likely to be, sold in the United States at less than 
fair value, as provided in section 735 of the Tariff Act of 1930, as 
amended (the Act). The period of investigation is July 1, 2012, through 
June 30, 2013. The final weighted-average dumping margins are listed 
below in the section, ``Final Determination.''

DATES: Effective Date: September 29, 2014.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3586 or (202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The events that have occurred since the Department published the 
Preliminary Determination on May 8, 2014,\1\ are discussed in the 
Issues and Decision Memorandum.\2\
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    \1\ See Monosodium Glutamate From the Republic of Indonesia: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 79 FR 26406 (May 8, 
2014) (Preliminary Determination).
    \2\ See the Department Memorandum, ``Issues and Decision 
Memorandum for the Final Affirmative Determination in the Less than 
Fair Value Investigation of Monosodium Glutamate from the Republic 
of Indonesia,'' which is dated concurrently with and hereby adopted 
by this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is MSG, whether or not 
blended or in solution with other products. Specifically, MSG that has 
been blended or is in solution with other product(s) is included in 
this scope when the resulting mix contains 15 percent or more of MSG by 
dry weight. The full scope of the investigation is set forth in 
Appendix I, below.

Changes to the Scope of the Investigation

    As detailed in the accompanying Issues and Decision Memorandum, we 
clarified the scope language with respect to the written descriptions 
of anhydrous and monohydrous forms of MSG and their chemical formula 
references.\3\
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    \3\ See the Issues and Decision Memorandum at the section, 
``Scope of the Investigation.''
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised in the case and rebuttal briefs is attached 
to this notice.\4\ 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 Service 
System (IA ACCESS). IA ACCESS is available to registered users at 
https://iaaccess.trade.gov, and is available to all parties in the 
Department's Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \4\ See Appendix II.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, and our findings at 
verification, we made certain changes to the weighted-average dumping 
margin calculations. For a discussion of these changes, see the 
``Margin Calculations'' section of the Issues and Decision Memorandum.

Verification

    As provided in section 782(i) of the Act, in July 2014, we verified 
the sales and cost information submitted by PT Cheil Jedang Indonesia 
and CJ America, Inc. (collectively, Cheil Jedang) for use in our final 
determination. We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by Cheil Jedang.\5\
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    \5\ See the Department Memoranda, ``Verification of the Cost 
Response of PT Cheil Jedang Indonesia in the Less-Than-Fair-Value 
Investigation of Monosodium Glutamate from Indonesia,'' (July 11, 
2014); ``Verification of the Sales Responses of Cheil Jedang 
Indonesia in the Antidumping Duty Investigation of Monosodium 
Glutamate (MSG) from Indonesia,'' (July 21, 2014) and; 
``Verification of the CEP Sales Responses of CJ America, Inc. in the 
Antidumping Duty Investigation of Monosodium Glutamate (MSG) from 
Indonesia,'' (July 21, 2014).
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Final Determination

    The weighted-average dumping margins for this final determination 
are as follows:

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or Exporter                    dumping margin
                                                             (percent)
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PT Cheil Jedang Indonesia...............................            6.19
All Others..............................................            6.19
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    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
weighted-average dumping margins calculated for the producers or 
exporters individually examined, excluding rates that are zero, de 
minimis, or determined entirely under section 776 of the Act. Because 
we calculated a weighted-average dumping margin for only one 
respondent, and that rate was not zero, de minimis, or determined 
entirely under section 776 of the Act, we assigned to all other 
producers and exporters the rate calculated for PT Cheil Jedang 
Indonesia.

Disclosure

    We intend to disclose the calculations performed for this final 
determination within five days after the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend

[[Page 58330]]

liquidation of all entries of MSG from Indonesia. We will also instruct 
CBP to require cash deposits equal to the amount as indicated above. 
These instructions suspending liquidation will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (the ITC) of our final determination. As 
our final determination is affirmative, in accordance with section 
735(b)(2) of the Act, the ITC will determine within 45 days whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of subject merchandise. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction from the Department, antidumping duties on all imports of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation. We are making available to the ITC all non-privileged and 
non-proprietary information related to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order (APO), without the written consent of the Assistant 
Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    This notice serves as the final reminder to parties subject to an 
APO of their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of return/destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers monosodium glutamate 
(MSG), whether or not blended or in solution with other products. 
Specifically, MSG that has been blended or is in solution with other 
product(s) is included in this scope when the resulting mix contains 
15 percent or more of MSG by dry weight. Products with which MSG may 
be blended include, but are not limited to, salts, sugars, starches, 
maltodextrins, and various seasonings. Further, MSG is included in 
this investigation regardless of physical form (including, but not 
limited to, in monohydrate or anhydrous form, or as substrates, 
solutions, dry powders of any particle size, or unfinished forms 
such as MSG slurry), end-use application, or packaging.
    MSG in monohydrate form has a molecular formula of 
C5H8NO4Na H2O, a 
Chemical Abstract Service (CAS) registry number of 6106-04-3, and a 
Unique Ingredient Identifier (UNII) number of W81N5U6R6U. MSG in 
anhydrous form has a molecular formula of 
C5H8NO4 Na, a CAS registry number 
of l42-47-2, and a UNII number of C3C196L9FG.
    Merchandise covered by the scope of this investigation is 
currently classified in the Harmonized Tariff Schedule (HTS) of the 
United States at subheading 2922.42.10.00. Merchandise subject to 
the investigation may also enter under HTS subheadings 
2922.42.50.00, 2103.90.72.00, 2103.90.74.00, 2103.90.78.00, 
2103.90.80.00, and 2103.90.90.91. The tariff classifications, CAS 
registry numbers, and UNII numbers are provided for convenience and 
customs purposes; however, the written description of the scope is 
dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
    1. Treatment of CJI's Import Duties on Imported Raw Materials 
Into Bonded Zones
    2. Treatment of CJA's Indirect Selling Expenses
    3. Treatment of CJA's Royalty Expenses
    4. Treatment of CJI's Credit Expenses
    5. Minor Calculation Error Regarding Currency Conversions
VI. Recommendation

[FR Doc. 2014-23126 Filed 9-26-14; 8:45 am]
BILLING CODE 3510-DS-P