Monosodium Glutamate From the People's Republic of China, and the Republic of Indonesia: Initiation of Antidumping Duty Investigations, 65278-65283 [2013-25804]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65278-65283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25804]



[[Page 65278]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992, A-560-826]


Monosodium Glutamate From the People's Republic of China, and the 
Republic of Indonesia: Initiation of Antidumping Duty Investigations

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

DATES: Effective Date: October 31, 2013.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao (the People's Republic 
of China (PRC)) or Gene Calvert (the Republic of Indonesia (Indonesia)) 
at (202) 482-1396 or (202) 482-3586, respectively, 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.

SUPPLEMENTARY INFORMATION:

The Petitions

    On September 16, 2013, the Department of Commerce (the Department) 
received antidumping duty (AD) petitions concerning imports of 
monosodium glutamate (MSG) from the PRC and Indonesia filed in proper 
form on behalf of Ajinomoto North America Inc. (Petitioner).\1\ 
Petitioner is a domestic producer of MSG. On September 20, 2013, the 
Department requested additional information and clarification of 
certain areas of the petitions.\2\ Petitioner filed responses to these 
requests on September 24, 2013, and September 26, 2013.\3\
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    \1\ See Antidumping Duty Petitions on Monosodium Glutamate from 
the PRC and Indonesia, filed on September 16, 2013 (the petitions).
    \2\ See Petitions for the Imposition of Antidumping Duties and 
Countervailing Duties on Imports of Monosodium Glutamate from the 
People's Republic of China and the Republic of Indonesia: 
Supplemental Questions, September 20, 2013.
    \3\ See Supplement to the AD/CVD Petitions, September 24, 2013 
(AD/CVD Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that imports of MSG from 
Indonesia and the PRC are being, or are likely to be, sold in the 
United States at less than fair value within the meaning of section 731 
of the Act, and that such imports are materially injuring, or 
threatening material injury to, an industry in the United States. Also, 
consistent with section 732(b)(1) of the Act, the petitions are 
accompanied by information reasonably available to Petitioner in 
support of its allegations.
    The Department finds that Petitioner filed these petitions on 
behalf of the domestic industry because Petitioner is an interested 
party as defined in section 771(9)(C) of the Act. The Department also 
finds that Petitioner has demonstrated sufficient industry support with 
respect to the initiation of the AD investigations that Petitioner is 
requesting.\4\
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    \4\ See the ``Determination of Industry Support for the 
Petitions'' section, below.
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Periods of Investigation

    Because the petitions were filed on September 16, 2013, the period 
of investigation (POI) for the PRC investigation is January 1, 2013, 
through June 30, 2013. The POI for the Indonesia investigation is July 
1, 2012, through June 30, 2013.\5\
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    \5\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations

    The product covered by these investigations is MSG from Indonesia 
and the PRC.\6\
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    \6\ See Appendix I of this notice for a full description of the 
scope of these investigations.
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Comments on the Scope of the Investigations

    During our review of the petitions, we discussed the scope with 
Petitioner to ensure that it is an accurate reflection of the product 
for which the domestic industry is seeking relief. Moreover, as 
discussed in the preamble to the regulations,\7\ we are setting aside a 
period for interested parties to raise issues regarding product 
coverage. The Department encourages all interested parties to submit 
such comments by November 12, 2013, 5:00 p.m. Eastern Time, which is 20 
calendar days from the signature date of this notice. In addition, all 
comments and submissions to the Department must be filed electronically 
using Enforcement and Compliance's electronic service system (IA 
ACCESS).\8\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by the time and date noted above. Documents excepted 
from the electronic submission requirements must be filed manually 
(i.e., in paper form) with Enforcement and Compliance's APO/Dockets 
Unit, Room 1870, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, and stamped with the 
date and time of receipt by the deadline noted above. All comments must 
be filed on the records of both the PRC and Indonesia AD 
investigations, as well as the concurrent PRC and Indonesia 
countervailing duty (CVD) investigations.
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    \7\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on help using IA ACCESS can be found 
at https://iaaccess.trade.gov/help.aspx and a handbook can be found 
at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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    The period for scope comments is intended to provide the Department 
with ample opportunity to consider all comments and to consult with 
parties prior to the issuance of the preliminary determinations.

Comments on the Product Characteristics for Antidumping Duty 
Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of MSG to be reported in 
response to the Department's AD questionnaires. This information will 
be used to identify the key physical characteristics of the subject 
merchandise in order to report accurately the relevant factors of 
production and costs, as well as to develop appropriate product-
comparison criteria.
    Interested parties may provide any information or comments they 
feel are relevant to the development of an accurate list of physical 
characteristics. Specifically, they may provide comments as to which 
characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, while there may 
be some physical product characteristics utilized by manufacturers to 
describe MSG, it may be that only a select few product characteristics 
take into account commercially meaningful physical characteristics. In 
addition, interested parties may comment on the order in which the 
physical characteristics should be used in matching products. 
Generally, the Department attempts to list the most important physical 
characteristics first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, we must receive comments 
on product characteristics by November 12, 2013. Rebuttal comments must 
be received by November 18, 2013. All comments and submissions to the 
Department must be

[[Page 65279]]

filed electronically using IA ACCESS, as referenced above.

Filing Requirements

    All submissions to the Department must be filed electronically 
using IA ACCESS. An electronically filed document must be received 
successfully in its entirety by the time and date noted above. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement and Compliance's 
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230, and stamped with the 
date and time of receipt by the deadline noted above.

Tolling of Deadlines

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\9\ Therefore, all 
deadlines in this segment of the proceeding have been tolled by 16 
days. The revised deadline for the initiation of these investigations 
is October 23, 2013.
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    \9\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product (see section 771(10) of the Act), they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law.\10\
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    \10\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petitions).
    With regard to the domestic like product, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigations. Based on our analysis of the information submitted 
on the record, we have determined that MSG constitutes a single 
domestic like product and we have analyzed industry support in terms of 
that domestic like product.\11\
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    \11\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Monosodium Glutamate from Indonesia (Indonesia AD Initiation 
Checklist) at Attachment II, Analysis of Industry Support for the 
Petitions Covering Monosodium Glutamate from Indonesia and the 
People's Republic of China (Attachment II); and Antidumping Duty 
Investigation Initiation Checklist: Monosodium Glutamate from the 
People's Republic of China (PRC AD Initiation Checklist), at 
Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via IA ACCESS. Access to documents 
filed via IA ACCESS is also available in the Central Records Unit, 
Room 7046 of the main Department of Commerce building.
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    In determining whether Petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, Petitioner provided its own 
production of the domestic like product in 2012.\12\ Petitioner states 
that there are no other known producers of MSG in the United States; 
therefore, the petitions are supported by 100 percent of the U.S. 
industry.\13\
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    \12\ See Volume I of the Petitions, at Exhibit I-1.B.
    \13\ Id., at 3 and Exhibits I-1.A and I-1.B.
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    Our review of the data provided in the petitions and other 
information readily available to the Department indicates that 
Petitioner has established industry support.\14\ First, the petitions 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, the Department is not required to take further 
action in order to evaluate industry support (e.g., polling).\15\ 
Second, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 732(c)(4)(A)(i) of the Act 
because the domestic producers (or workers) who support the petitions 
account for at least 25 percent of the total production of the domestic 
like product.\16\ Finally, the domestic producers (or workers) have met 
the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the petitions account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the petitions.\17\ 
Accordingly, the Department determines that the petitions were filed on 
behalf of the domestic industry within the meaning of section 732(b)(1) 
of the Act.
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    \14\ See Indonesia AD Checklist and PRC AD Checklist, at 
Attachment II.
    \15\ See section 732(c)(4)(D) of the Act; see also Indonesia AD 
Checklist and PRC AD Checklist, at Attachment II.
    \16\ See Indonesia AD Checklist and PRC AD Checklist, at 
Attachment II.
    \17\ Id.
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    The Department finds that Petitioner filed the petitions on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the AD investigations that it is 
requesting the Department initiate.\18\
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    \18\ Id.

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[[Page 65280]]

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the imports of the subject merchandise 
sold at less than normal value (NV). In addition, Petitioner alleges 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\19\ Petitioner contends that the 
industry's injured condition is illustrated by reduced market share; 
underselling and price depression or suppression; lost sales and 
revenues; and decline in financial performance.\20\ We have assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.\21\
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    \19\ See Volume I of the Petitions, at 22.
    \20\ Id., at 13-40 and Exhibits I-1, I-8, I-10 and I-12 through 
I-32; see also AD/CVD Supplement, at 2 and Exhibit SQR-1.
    \21\ See PRC AD Initiation Checklist and PRC AD Initiation 
Checklist, at Attachment III, Analysis of Allegations and Evidence 
of Material Injury and Causation for the Petitions Covering 
Monosodium Glutamate from Indonesia and the People's Republic of 
China.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department has based its decision to 
initiate investigations of imports of MSG from Indonesia and the PRC. 
The sources of data for the deductions and adjustments relating to U.S. 
price and NV are discussed in greater detail in the Indonesia AD 
Initiation Checklist and the PRC AD Initiation Checklist.

Export Price

Indonesia

    For Indonesia, Petitioner calculated an EP based on monthly AUVs 
for the POI for U.S. imports of MSG for consumption from Indonesia 
under HTSUS subheading 2922.42.1000 (the subheading relevant to MSG) 
using the ITC's Dataweb. Petitioner also calculated a POI weighted-
average AUV.\22\ From these AUVs, Petitioner deducted an amount for 
foreign brokerage and handling charges in Indonesia, and foreign inland 
freight from the manufacturing plant to the port of exportation.\23\
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    \22\ See Volume IV of the Petitions at 2 and Exhibits IV-1 
through IV-3. We note that using a POI weighted-average AUV is 
consistent with our past practice with respect to using AUV data as 
the basis for U.S. price. Furthermore, using the POI weighted-
average AUV in the margin calculation results in a positive margin. 
Therefore, we have relied on the POI-weighted average AUV as the 
basis for EP based on AUVs.
    \23\ Id. at 2-3 and Exhibits IV-4 through IV-13.
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PRC

    Petitioner calculated an export price (EP) based on monthly average 
unit values (AUVs) for the POI for U.S. imports of MSG for consumption 
from the PRC under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 2922.42.1000 (the subheading relevant to MSG) using 
the ITC's Dataweb. Petitioner also calculated a POI weighted-average 
AUV. In addition, using detailed information regarding the month, 
district of unlading, and district of entry, Petitioner was able to 
estimate certain dumping margins for individual transactions between a 
Chinese exporter of MSG and a U.S. importer of MSG by matching ship 
manifest data to the official import statistics. Petitioner used 
official import statistics to calculate the U.S. price for two such 
individual transactions.\24\ Petitioner deducted an amount for foreign 
brokerage and handling charges in the PRC, and foreign inland freight 
from the manufacturing plant to the port of exportation from the AUVs 
and the import prices for the individual import transactions.\25\
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    \24\ See Volume II of the Petitions at 4-5 and Exhibits II-4 
through II-7.
    \25\ Id. at 5-6 and Exhibits II-8 through II-18. We note that 
using a POI weighted-average AUV is consistent with our past 
practice with respect to using AUV data as the basis for U.S. price. 
Furthermore, using the POI weighted-average AUV in the margin 
calculation results in a positive margin. Therefore, we have relied 
on the POI-weighted average AUV as the basis for EP based on AUVs. 
We have also relied on the individual transaction prices calculated 
by Petitioner.
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Normal Value

Indonesia

    Petitioner based NV on constructed value (CV), as neither a home 
market nor a third-country price was reasonably available. Pursuant to 
section 773(e) of the Act, CV consists of the cost of manufacturing 
(COM); SG&A expenses; financial expenses; packing expenses; and profit. 
Petitioner owns and operates two MSG production facilities in 
Indonesia, PT Ajinomoto Indonesia (AJIND) and PT Ajinex International 
(AJINEX) which, according to Petitioner, are similar to Indonesian MSG 
producer CJ Indonesia's production facilities in terms of production 
capacity, production equipment, and production inputs. Petitioner 
calculated COM and packing expenses based on the actual cost data of 
the Petitioner's MSG producers in Indonesia.
    To determine SG&A and profit rates, Petitioner relied on the 
average rates calculated based on the financial statements for AJIND 
for the year ended March 31, 2013 and the financial statements for 
AJINEX for the year ended March 31, 2012, because the March 31, 2013 
financial statements for AJINEX were not available to Petitioner at the 
time of the filing of the petition.
    To calculate the financial expense rate, Petitioner relied on the 
financial statements of CJ Indonesia's parent company, CJ Cheil Jedang 
Corporation, for the fiscal year ending December 31, 2011.\26\
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    \26\ See Indonesia AD Initiation Checklist.
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PRC

    Petitioner claims that the PRC is a non-market economy (NME) 
country, and that this designation remains in effect as of the date of 
this petition.\27\ The presumption of NME status for the PRC has not 
been revoked by the Department and, therefore, in accordance with 
section 771(18)(C)(i) of the Act, remains in effect for purposes of the 
initiation of this investigation. Accordingly, the NV of the product 
for the investigation is appropriately based on factors of production 
valued in a surrogate market-economy country in accordance with section 
773(c) of the Act. In the course of this investigation, all parties, 
including the public, will have the opportunity to provide relevant 
information related to the issues of the PRC's NME status and granting 
of separate rates to individual exporters.
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    \27\ See Volume II of the Petitions at 1.
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    Petitioner contends that Indonesia is the appropriate surrogate 
country for the PRC because: (1) It is at a level of economic 
development comparable to that of the PRC, (2) it is a significant 
producer of comparable merchandise relative to the MSG that is the 
subject of the petition, and (3) the data available from Indonesia for 
valuing factors of production are available and reliable.\28\ Based on 
the information provided by Petitioner, we conclude that it is 
appropriate to use Indonesia as a surrogate country for initiation 
purposes.\29\ After initiation of this investigation, interested 
parties will have the opportunity to submit comments regarding 
surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), 
will be provided an opportunity to submit publicly available 
information to value factors of production (FOPs) within 40 days

[[Page 65281]]

before the scheduled date of the preliminary determination.\30\
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    \28\ Id. at 2-4 and Exhibits II-2 and II-3.
    \29\ See PRC AD Initiation Checklist.
    \30\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised 
regulation published on April 1, 2013. See https://www.gpo.gov/fdsys/pkg/CFR-2013-title19-vol3/html/CFR-2013-title19-vol3.htm.
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    Petitioner calculated NV using the Department's NME methodology as 
required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. In 
calculating NV, Petitioner based the quantity of each of the inputs 
used to manufacture the subject merchandise on its own consumption 
experience, which, Petitioner contends is, to the best of its 
knowledge, similar to the consumption of PRC producers.\31\
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    \31\ See Volume II of the Petition at 7-8.
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    Petitioner valued the factors of production using reasonably 
available, public surrogate country data, specifically, Indonesian 
import data from the Global Trade Atlas (GTA) for the period December 
2012--May 2013, the most recent six-month period for which data were 
available.\32\ Petitioners excluded all import values from countries 
previously determined by the Department to maintain broadly available, 
non-industry-specific export subsidies and from countries previously 
determined by the Department to be NME countries. In addition, in 
accordance with the Department's practice, the average import values 
exclude imports that were labeled as originating from an unidentified 
country. In addition, Petitioner made currency conversions, where 
applicable, based on the POI-average Indonesian Rupiah/U.S. dollar 
exchange rates.\33\ The Department determines that the surrogate values 
used by Petitioner are reasonably available and, thus, are acceptable 
for purposes of initiation.
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    \32\ See, e.g., Volume II of the Petition at 8 and at Exhibit 
II-23.
    \33\ Id. at Exhibit II-14.
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    Petitioner valued direct material costs using Indonesia import data 
from the GTA.\34\ Petitioner applied certain conversion factors to 
align the units of measure with its own factors of production.\35\
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    \34\ Id., at 8 and at Exhibit II-23.
    \35\ Id., at 8.
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    Petitioner calculated the labor expense rate using 2010 data for 
Indonesia from Chapter 5B of the International Labor Organization's 
(ILO's) wage data because wage data from Chapter 6 was not available 
for Indonesia.\36\
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    \36\ Id., at 10.
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    Petitioner based the factor values for electricity and steam on the 
industry rates set forth in the 2012 Handbook of Energy and Economic 
Statistics of Indonesia, published by the Indonesian Ministry of Energy 
and Mineral Resources.\37\ Petitioner calculated the factor value for 
water based on Indonesian water rates.\38\
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    \37\ Id.
    \38\ Id.
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    Petitioner calculated financial ratios (i.e., factory overhead 
expenses, selling, general, and administrative (SG&A) expenses, and 
profit) based on the most recent audited financial statements of PT 
Budi Acid Jaya, an Indonesian manufacturer of citric acid (a product 
that Petitioner claims is comparable to MSG), and majority owner of PT 
Ve Wong Indonesia, an Indonesian producer of MSG.\39\
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    \39\ Id., at 11.
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    For packing inputs, Petitioner claims that the majority of MSG 
imported to the United States from the PRC is packaged in 50-pound 
bags. Petitioner obtained Indonesian import data from the GTA to derive 
the surrogate values for these bags.\40\
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    \40\ Id., at 11-12.
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Fair Value Comparisons

    Based on the data provided by Petitioner, there is reason to 
believe that imports of MSG from Indonesia and the PRC are being, or 
are likely to be, sold in the United States at less than fair value. 
Based on comparisons of EP to CV in accordance with section 773(a)(4) 
of the Act, Petitioner calculated the estimated dumping margins, based 
on POI weighted-average AUVs, to be 72.59 percent with respect to 
imports of MSG from the PRC, and 55.25 percent with respect to imports 
of MSG from Indonesia. For the individual transactions between a PRC 
exporter and a U.S. importer, Petitioner calculated margins between 
103.76 and 204.69 percent.

Initiation of AD Investigations

    Based on our examination of the petitions on MSG from Indonesia and 
the PRC, the Department finds that the petitions meet the requirements 
of section 732 of the Act. Therefore, we are initiating AD 
investigations to determine whether imports of MSG from Indonesia and 
the PRC are being, or likely to be, sold in the United States at less 
than fair value. In accordance with section 733(b)(1)(A) of the Act and 
19 CFR 351.205(b)(1), unless postponed, we will issue our preliminary 
determinations no later than 140 days after the publication date of 
this initiation notice.

Respondent Selection

Indonesia

    The Department intends to select respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports during the POI (i.e., 
July 1, 2012, through June 30, 2013, for Indonesia) under the following 
HTSUS numbers: 2922.42.10.00, 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. We 
intend to release the CBP data under Administrative Protective Order 
(APO) to all parties with access to information protected by APO within 
five days of the publication of the initiation of these investigations. 
Interested parties may submit comments regarding the CBP data and 
respondent selection within five calendar days of the publication of 
the initiation of these investigations. Comments on respondent 
selection must be filed electronically using IA ACCESS in accordance 
with the filing requirements, referenced above. We intend to make our 
decision regarding respondent selection within 20 days of the 
publication of this notice.

PRC

    With respect to the PRC, in accordance with our standard practice 
for respondent selection for NME countries, we intend to issue quantity 
and value questionnaires to each potential respondent, and will base 
respondent selection on the responses received. In addition, the 
Department will post the quantity and value questionnaire along with 
the filing instructions on the Enforcement and Compliance Web site 
(https://www.trade.gov/enforcement/news.asp). Exporters and producers of 
MSG from the PRC that do not receive quantity and value questionnaires 
via mail may still submit a quantity and value response, and can obtain 
a copy from the Enforcement and Compliance Web site. The quantity and 
value questionnaire must be submitted by all PRC exporters/producers by 
no later than November 12, 2013. All quantity and value questionnaires 
must be filed electronically using IA ACCESS.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application.\41\ 
The specific requirements

[[Page 65282]]

for submitting the separate rate application in the PRC investigation 
are outlined in detail in the application itself, which will be 
available on the Department's Web site at https://www.trade.gov/enforcement/news.asp on the date of publication of this initiation 
notice in the Federal Register. The separate rate application will be 
due 60 days after the publication of this initiation notice. For 
exporters and producers who submit a separate rate status application 
and have been selected as mandatory respondents, these exporters and 
producers will no longer be eligible for consideration for separate 
rate status unless they respond to all parts of the Department's AD 
questionnaire as mandatory respondents. The Department requires that 
PRC respondents submit a response to the separate rate application by 
the deadline referenced above in order to receive consideration for 
separate rate status.
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    \41\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005) (Separate 
Rates and Combination Rates Bulletin), available on the Department's 
Web site at https://ia.ita.doc.gov/policy/bull05-1.pdf.
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Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation. The Separate Rates and Combination Rates Bulletin 
states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME investigations will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\42\

    \42\ See Separate Rates and Combination Rates Bulletin at 6 
(emphasis added).
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act, and 19 CFR 
351.202(f), copies of the public version of the petitions have been 
provided to the Governments of Indonesia and the PRC via IA ACCESS. 
Because of the particularly large number of producers/exporters 
identified in the petitions, the Department considers the service of 
the public versions of the petitions to the foreign producers/exporters 
to be satisfied by the provision of the public versions of the 
petitions to the Governments of Indonesia and the PRC, consistent with 
19 CFR 351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of MSG from Indonesia and the PRC are 
materially injuring, or threatening material injury to, a U.S. 
industry.\43\ A negative ITC determination for any country will result 
in the termination of the investigation with respect to that country; 
otherwise, these investigations will proceed according to statutory and 
regulatory time limits.
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    \43\ See section 733(a) of the Act.
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Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and CVD proceedings: (1) The definition of 
factual information (19 CFR 351.102(b)(21)), and (2) the time limits 
for the submission of factual information (19 CFR 351.301). The final 
rule identifies five categories of factual information in 19 CFR 
351.102(b)(21), which are summarized as follows: (i) Evidence submitted 
in response to questionnaires; (ii) evidence submitted in support of 
allegations; (iii) publicly available information to value factors 
under 19 CFR 351.408(c) or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The final rule requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted and, if the information is submitted 
to rebut, clarify, or correct factual information already on the 
record, to provide an explanation identifying the information already 
on the record that the factual information seeks to rebut, clarify, or 
correct. The final rule also modified 19 CFR 351.301 so that, rather 
than providing general time limits, there are specific time limits 
based on the type of factual information being submitted. These 
modifications are effective for all proceeding segments initiated on or 
after May 10, 2013, and thus are applicable to these investigations. 
Please review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to 
submitting factual information for these investigations.

Extension of Time Limits

    On September 20, 2013, the Department published Extension of Time 
Limits, Final Rule, 78 FR 57790 (September 20, 2013), which modified 
one regulation related to AD and CVD proceedings regarding the 
extension of time limits for submissions in such proceedings (19 CFR 
351.302(c)). These modifications are effective for all proceeding 
segments initiated on or after October 21, 2013, and thus are 
applicable to this investigation. Please review the final rule, 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm prior to requesting an extension.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials as well as their 
representatives in all AD or CVD investigations or proceedings 
initiated on or after August 16, 2013, including these 
investigations.\45\ The formats for the revised certifications are 
provided at the end of the Final Rule. The Department intends to reject 
factual submissions if the submitting party does not comply with the 
revised certification requirements.
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    \44\ See section 782(b) of the Act.
    \45\ See Certifications of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule).
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of letters of appearance as discussed at 19 CFR 
351.103(d)).

[[Page 65283]]

    This notice is issued and published pursuant to section 777(i) of 
the Act.

     Dated: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigations

    The scope of these investigations 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% 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 these investigations regardless of physical form 
(including, but not limited to, substrates, solutions, dry powders 
of any particle size, or unfinished forms such as MSG slurry), end-
use application, or packaging.
    MSG has a molecular formula of 
C5H8NO4Na, a Chemical Abstract 
Service (``CAS'') registry number of 6106-04-3, and a Unique 
Ingredient Identifier (``UNII'') number of W81N5U6R6U.
    Merchandise covered by the scope of these investigations is 
currently classified in the Harmonized Tariff Schedule (``HTS'') of 
the United States at subheading 2922.42.10.00. Merchandise subject 
to the investigations 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 number, and UNII number are provided for convenience and 
customs purposes; however, the written description of the scope is 
dispositive.

[FR Doc. 2013-25804 Filed 10-30-13; 8:45 am]
BILLING CODE 3510-DS-P