Termination of Countervailing Duty Investigations; Monosodium Glutamate From the People's Republic of China and the Republic of Indonesia, 19056-19057 [2014-07716]

Download as PDF 19056 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES will continue to direct CBP to assess importer-specific assessment rates based on the resulting per-unit (i.e., per-kg) rates by the weight in kgs of each entry of the subject merchandise during the POR. Specifically, we calculated importer-specific duty assessment rates on a per-unit rate basis by dividing the total dumping margins (calculated as the difference between normal value and export price, or constructed export price) for each importer by the total sales quantity of subject merchandise sold to that importer during the POR. If an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer’s) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). The Department determines that Afiex, An Phu, Bien Dong, GODACO, Navico, Thuan An and Quang Minh did not have any reviewable transactions during the POR. As a result, any suspended entries that entered under these exporters’ case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate.22 Also, the Department determines that Dai Thanh, Fatifish and Hoang Long did not have any reviewable transactions during the period February 1, 2012 through July 31, 2012. As a result, any suspended entries that entered under these exporters’ case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate for this period.23 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publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed Vietnamese and non-Vietnamese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) 22 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also Preliminary Results, and accompanying Decision Memorandum at 3. 23 Id. VerDate Mar<15>2010 17:49 Apr 04, 2014 Jkt 232001 for all Vietnamese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the Vietnam-wide rate of 2.11 USD/kg; and (4) for all non-Vietnamese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnamese exporters that supplied that non-Vietnamese exporter. The deposit requirements, when imposed, shall remain in effect until further notice. The following cash deposit requirements will be effective upon publication of the final results of these new shipper reviews for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For subject merchandise produced and exported by Golden Quality the cash deposit rate will be the rate established in the final results of this new shipper review; (2) for subject merchandise exported, but not manufactured by Golden Quality, the cash deposit rate will continue to be the Vietnam-wide rate, i.e., $2.11/kg; and (3) for subject merchandise manufactured by Golden Quality and exported by any other party, the cash deposit rate will also be the Vietnamwide rate. The cash deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these administrative reviews and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 28, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Comment I: Selection of the Surrogate Country Comment II: Surrogate Value for Whole, Live Pangasius Fish Comment III: Surrogate Value for Fingerlings Comment IV: Surrogate Value for Fish Feed Comment V: Surrogate Value for Rice Husk Comment VI: Surrogate Value for Labor Comment VII: Surrogate Financial Ratios Comment VIII: Surrogate Value for Lime Comment IX: Surrogate Value for Fish Meal By-Product Comment X: Surrogate Value for Fish Waste By-Products Comment XI: Surrogate Value for Fresh Broken Fillets By-Product Comment XII: Surrogate Value for Sawdust Comment XIII: Surrogate Values for Truck Freight and Boat Freight Comment XIV: Surrogate Value for Electricity Comment XV: Surrogate Value for Diesel Comment XVI: Surrogate Value for Containerization Comment XVII: Surrogate Value for Marine Insurance Comment XVIII: Surrogate Value for Water Comment XIX: Surrogate Value for Brokerage and Handling Comment XX: Surrogate Value for Salt Comment XXI: Surrogate Values for CO Gas and Coal Comment XXII: Vinh Hoan’s Gross Weight vs. Net Weight for U.S. Sales and FOPs Comment XXIII: Surrogate Value for Vinh Hoan’s Fish Oil By-Product Comment XXIV: Application of the VietnamWide Rate to GODACO and Quang Minh [FR Doc. 2014–07714 Filed 4–4–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Administrative Protective Orders International Trade Administration This notice also serves as a reminder to parties subject to 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, 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 [C–570–993, C–560–827] PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Termination of Countervailing Duty Investigations; Monosodium Glutamate From the People’s Republic of China and the Republic of Indonesia Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 7, 2014, the Department of Commerce (the Department) received a letter from counsel to Ajinomoto Co., Inc. and AGENCY: E:\FR\FM\07APN1.SGM 07APN1 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices Ajinomoto North America Inc. (collectively, AJINA, or Petitioner). The letter notified the Department that Petitioner was withdrawing the petition filed on September 16, 2013 with respect to the countervailing duty (CVD) investigations of monosodium glutamate (MSG) from the People’s Republic of China (PRC) and the Republic of Indonesia (Indonesia). In this instance, because producers accounting for substantially all of the production of the domestic like product expressed a lack of interest in issuance of an order, the Department is terminating these CVD investigations in accordance with section 782(h)(1) of the Tariff Act of 1930, as amended (the Act). DATES: Effective Date: April 7, 2014. FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Nicholas Czajkowski, Office VII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1396 and (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: Background mstockstill on DSK4VPTVN1PROD with NOTICES On September 16, 2013, AJINA filed a petition alleging that countervailable subsidies were being provided to producers and exporters of MSG from Indonesia and the PRC.1 On October 23, 2013, the Department initiated CVD investigations with respect to imports of MSG from Indonesia and the PRC.2 On March 4, 2014, the Department reached its preliminary affirmative determination that countervailable subsidies were being provided to producers and exporters of MSG in the PRC; the Department also preliminarily determined that critical circumstances exist for imports of MSG from the PRC.3 On that same date, the Department made a preliminary determination that countervailable subsidies were not being provided to producers and exporters of MSG in Indonesia; the Department also preliminarily determined that critical circumstances 1 See Letter from Petitioner, ‘‘Petition for Antidumping and Countervailing Duties: Monosodium Glutamate from the People’s Republic of China and the Republic of Indonesia,’’ dated September 16, 2013 (the petition). 2 See Monosodium Glutamate From the People’s Republic of China and the Republic of Indonesia: Initiation of Countervailing Duty Investigations, 78 FR 65269 (October 31, 2013). 3 See Monosodium Glutamate From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination; and Preliminary Affirmative Determination of Critical Circumstances, 79 FR 13615 (March 11, 2014). VerDate Mar<15>2010 17:49 Apr 04, 2014 Jkt 232001 did not exist for imports of MSG from Indonesia.4 On March 7, 2014, Petitioner withdrew its petition with respect to the CVD investigations on imports of MSG from Indonesia and the PRC.5 Scope of the Investigations The scope of these investigations covers monosodium glutamate, 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 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 these 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. Termination of the Countervailing Duty Investigations Pursuant to section 782(h)(1) of the Act and 19 CFR 351.207(c), the Department may terminate an investigation based upon a lack of interest if the Department determines that producers accounting for substantially all of the production of that domestic like product expressed a lack of interest in issuance of an order. In these CVD investigations, AJINA represents 100 percent of the industry producing the domestic like product.6 4 See Monosodium Glutamate From the Republic of Indonesia: Preliminary Negative Countervailing Duty Determination; and Preliminary Negative Determination of Critical Circumstances, 79 FR 13614 (March 11, 2014). 5 See Letter from Petitioner, ‘‘Withdrawal of Countervailing Duty Petition,’’ dated March 7, 2014. 6 See the petition at Exhibit I–1.A. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 19057 As such, because AJINA withdrew its CVD petition regarding MSG from Indonesia and the PRC and because AJINA constitutes 100 percent of the production of the domestic like product, the Department finds that producers accounting for substantially all—in this case, all—of the production of the domestic like product expressed a lack of interest in CVD orders, within the meaning of section 782(h)(1) of the Act. Consequently, we are terminating these CVD investigations and will direct U.S. Customs and Border Protection (CBP) to terminate the suspension of liquidation of entries of subject merchandise imported from the PRC. Because we have not directed CBP to suspend liquidation of entries of subject merchandise imported from Indonesia, we will not direct CBP to take any action regarding entries of subject merchandise imported from Indonesia. This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation that is subject to sanction. This determination and notice are in accordance with section 782(h)(1) of the Act and 19 CFR 351.207(c). Dated: March 31,2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–07716 Filed 4–4–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 7, 2014. SUMMARY: The Department of Commerce (‘‘Department’’) hereby publishes a list of scope rulings and anticircumvention determinations made between October 1, 2013, and December 31, 2013. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, AD/CVD Operations, AGENCY: E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19056-19057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07716]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-993, C-560-827]


Termination of Countervailing Duty Investigations; Monosodium 
Glutamate From the People's Republic of China and the Republic of 
Indonesia

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

SUMMARY: On March 7, 2014, the Department of Commerce (the Department) 
received a letter from counsel to Ajinomoto Co., Inc. and

[[Page 19057]]

Ajinomoto North America Inc. (collectively, AJINA, or Petitioner). The 
letter notified the Department that Petitioner was withdrawing the 
petition filed on September 16, 2013 with respect to the countervailing 
duty (CVD) investigations of monosodium glutamate (MSG) from the 
People's Republic of China (PRC) and the Republic of Indonesia 
(Indonesia). In this instance, because producers accounting for 
substantially all of the production of the domestic like product 
expressed a lack of interest in issuance of an order, the Department is 
terminating these CVD investigations in accordance with section 
782(h)(1) of the Tariff Act of 1930, as amended (the Act).

DATES: Effective Date: April 7, 2014.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Nicholas Czajkowski, 
Office VII, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1396 and (202) 482-1395, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 16, 2013, AJINA filed a petition alleging that 
countervailable subsidies were being provided to producers and 
exporters of MSG from Indonesia and the PRC.\1\ On October 23, 2013, 
the Department initiated CVD investigations with respect to imports of 
MSG from Indonesia and the PRC.\2\ On March 4, 2014, the Department 
reached its preliminary affirmative determination that countervailable 
subsidies were being provided to producers and exporters of MSG in the 
PRC; the Department also preliminarily determined that critical 
circumstances exist for imports of MSG from the PRC.\3\ On that same 
date, the Department made a preliminary determination that 
countervailable subsidies were not being provided to producers and 
exporters of MSG in Indonesia; the Department also preliminarily 
determined that critical circumstances did not exist for imports of MSG 
from Indonesia.\4\ On March 7, 2014, Petitioner withdrew its petition 
with respect to the CVD investigations on imports of MSG from Indonesia 
and the PRC.\5\
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    \1\ See Letter from Petitioner, ``Petition for Antidumping and 
Countervailing Duties: Monosodium Glutamate from the People's 
Republic of China and the Republic of Indonesia,'' dated September 
16, 2013 (the petition).
    \2\ See Monosodium Glutamate From the People's Republic of China 
and the Republic of Indonesia: Initiation of Countervailing Duty 
Investigations, 78 FR 65269 (October 31, 2013).
    \3\ See Monosodium Glutamate From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination; 
and Preliminary Affirmative Determination of Critical Circumstances, 
79 FR 13615 (March 11, 2014).
    \4\ See Monosodium Glutamate From the Republic of Indonesia: 
Preliminary Negative Countervailing Duty Determination; and 
Preliminary Negative Determination of Critical Circumstances, 79 FR 
13614 (March 11, 2014).
    \5\ See Letter from Petitioner, ``Withdrawal of Countervailing 
Duty Petition,'' dated March 7, 2014.
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Scope of the Investigations

    The scope of these investigations covers monosodium glutamate, 
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 
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 these 
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.

Termination of the Countervailing Duty Investigations

    Pursuant to section 782(h)(1) of the Act and 19 CFR 351.207(c), the 
Department may terminate an investigation based upon a lack of interest 
if the Department determines that producers accounting for 
substantially all of the production of that domestic like product 
expressed a lack of interest in issuance of an order. In these CVD 
investigations, AJINA represents 100 percent of the industry producing 
the domestic like product.\6\ As such, because AJINA withdrew its CVD 
petition regarding MSG from Indonesia and the PRC and because AJINA 
constitutes 100 percent of the production of the domestic like product, 
the Department finds that producers accounting for substantially all--
in this case, all--of the production of the domestic like product 
expressed a lack of interest in CVD orders, within the meaning of 
section 782(h)(1) of the Act. Consequently, we are terminating these 
CVD investigations and will direct U.S. Customs and Border Protection 
(CBP) to terminate the suspension of liquidation of entries of subject 
merchandise imported from the PRC. Because we have not directed CBP to 
suspend liquidation of entries of subject merchandise imported from 
Indonesia, we will not direct CBP to take any action regarding entries 
of subject merchandise imported from Indonesia.
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    \6\ See the petition at Exhibit I-1.A.
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    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 violation that 
is subject to sanction.
    This determination and notice are in accordance with section 
782(h)(1) of the Act and 19 CFR 351.207(c).

    Dated: March 31,2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07716 Filed 4-4-14; 8:45 am]
BILLING CODE 3510-DS-P