Monosodium Glutamate From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination, 26408-26410 [2014-10635]
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26408
Federal Register / Vol. 79, No. 89 / Thursday, May 8, 2014 / Notices
publication of this notice in the Federal
Register.
Pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the preliminary
weighted-average amount by which NV
exceeds U.S. price,6 as indicated in the
chart above, as follows: (1) The rate for
Cheil Jedang will be the weightedaverage dumping margin we determine
in this preliminary determination; (2) if
the exporter is not a firm identified in
this investigation, but the producer is,
then the rate will be the rate established
for the producer of the subject
merchandise; (3) the rate for all other
producers or exporters will be 5.61
percent. The suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
(‘‘CAS’’) registry number of 6106–04–3, and
a Unique Ingredient Identifier (‘‘UNII’’)
number of W81N5U6R6U.
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 number, and UNII number are
provided for convenience and customs
purposes; however, the written description of
the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Scope of the Investigation
VI. Postponement of Final Determination and
Extension of Provisional Measures
VII. Affiliation
VIII. Discussion of the Methodology
A. Fair Value Comparison
B. Product Comparisons
C. Determination of Comparison Method
D. U.S. Price/Constructed Export Price
E. Normal Value
IX. Currency Conversion
X. Verification
XI. Conclusion
[FR Doc. 2014–10637 Filed 5–7–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Appendix I
emcdonald on DSK67QTVN1PROD with NOTICES
Dated: May 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Monosodium Glutamate From the
People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, and Postponement of
Final Determination
International Trade Administration
[A–570–992]
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% 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,
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
6 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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16:18 May 07, 2014
Jkt 232001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of Commerce
(the Department) preliminarily
determines that monosodium glutamate
(MSG) from the People’s Republic of
China (PRC) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV), as provided the Tariff Act
of 1930, as amended (the Act). The
period of investigation is January 1,
2013, through June 30, 2013. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
SUMMARY:
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Fmt 4703
Sfmt 4703
the ‘‘Preliminary Determination’’
section of this notice. We invite
interested parties to comment on this
preliminary determination. The final
determination will be issued not later
than 135 days after publication of this
preliminary determination in the
Federal Register.
DATES:
Effective: May 8, 2014.
FOR FURTHER INFORMATION CONTACT:
Milton Koch, Brandon Steele, or Jun
Jack Zhao, 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)
482–2584, (202) 482–4956, or (202) 482–
1396, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers
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.1
Scope Comments
In accordance with the Preamble to
the Department’s regulations,2 a period
of time was set aside in our Initiation
Notice for parties to raise product
coverage issues, and we encouraged
interested parties to submit comments
within 20 calendar days of the signature
date of that notice.3 No scope comments
were submitted regarding this
investigation.
Methodology
The Department is conducting this
antidumping duty investigation in
accordance with section 731 of the Act.
Export prices (EPs) and constructed
export prices (CEPs) are being
calculated in accordance with section
772 of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
normal value (NV) is calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
1 See Appendix I for a complete description of the
scope of this investigation.
2 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
3 See Monosodium Glutamate From the People’s
Republic of China, and the Republic of Indonesia:
Initiation of Antidumping Duty Investigations, 78
FR 65278 (October 31, 2013) (Initiation Notice).
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08MYN1
Federal Register / Vol. 79, No. 89 / Thursday, May 8, 2014 / Notices
Decision Memorandum.4 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 (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,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.5 This
26409
practice is described in Policy Bulletin
05.1.6
Preliminary Determination
The Department preliminarily
determines that MSG from the PRC is
being, or is likely to be, sold in the
United States at LTFV, as provided in
section 733(b) of the Act.
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Langfang Meihua Bio-Technology Co., Ltd./Meihua Group
International Trading (Hong Kong) Limited.
Fujian Province Jianyang Wuyi MSG Co., Ltd. ..........................
Neimenggu Fufeng Biotechnologies Co., Ltd. ............................
Baoji Fufeng Biotechnologies Co., Ltd. ......................................
PRC-wide Entity * ........................................................................
Tongliao Meihua Biological SCI–TECH Co., Ltd./Meihua Holdings Group Co., Ltd., Bazhou Branch.
Fujian Province Jianyang Wuyi MSG Co., Ltd. .........................
Neimenggu Fufeng Biotechnologies Co., Ltd. ...........................
Baoji Fufeng Biotechnologies Co., Ltd. .....................................
....................................................................................................
52.24
52.24
52.24
52.24
52.27
* The PRC-wide entity includes Shandong Linghua Monosodium Glutamate Incorporated Company, a mandatory respondent in this
investigation.
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs 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. The
summary should be limited to five pages
total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate in a hearing if
one is requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce. All
documents must be filed electronically
using IA ACCESS. An electronically
filed request must be received
successfully in its entirety by IA
ACCESS, by 5:00 p.m. Eastern Standard
4 See the Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Monosodium Glutamate from
the People’s Republic of China,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum) which is hereby adopted by this
notice.
5 See Initiation Notice, 78 FR 65282.
6 See Policy Bulletin No. 05.1, regarding
‘‘Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations
Involving Non-Market Economy Countries’’ (April
5, 2005) (‘‘Policy Bulletin 05.1’’), available at http:
//enforcement.trade.gov/policy/bull05-1.pdf.
7 See Letter to the Secretary of Commerce,
‘‘Monosodium Glutamate from China: Petitioner’s
Critical Circumstances Allegations,’’ dated April 11,
2014. Petitioner is Ajinomoto North America Inc.
(Petitioner).
8 Langfang Meihua Bio-Technology Co., Ltd.;
Meihua Group International Trading (Hong Kong)
Limited; Tongliao Meihua Biological SCI–TECH
Co., Ltd.; and Meihua Holdings Group Co., Ltd.,
Bazhou Branch (collectively, the Meihua Group).
Preliminary Affirmative Determination
of Critical Circumstances
On April 11, 2014, Petitioner filed a
timely critical circumstances allegation,
pursuant to section 773(e)(1) of the Act
and 19 CFR 351.206(c)(1), alleging that
critical circumstances exist with respect
to imports of MSG from the PRC.7 We
preliminarily determine that critical
circumstances exist for the Meihua
Group,8 the separate rate companies,9
and the PRC-wide entity. A discussion
of our determination can be found in the
Preliminary Decision Memorandum at
the section, ‘‘Critical Circumstances.’’
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure and Public Comment
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Time, within 30 days after the date of
publication of this notice.11 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from the Meihua
Group, a respondent in this
investigation, we are postponing the
final determination.12 Accordingly, we
will issue our final determination no
later than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.13 Further, the
9 Fujian Province Jianyang Wuyi MSG Co., Ltd.;
Neimenggu Fufeng Biotechnologies Co., Ltd.; and
Baoji Fufeng Biotechnologies Co., Ltd. (collectively,
the separate rate companies).
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See 19 CFR 351.310(c).
12 See Letter to the Secretary of Commerce,
‘‘Monosodium Glutamate from the People’s
Republic of China: Request for Extension of the
Final Determination,’’ dated April 23, 2014.
13 See also 19 CFR 351.210(e).
E:\FR\FM\08MYN1.SGM
08MYN1
26410
Federal Register / Vol. 79, No. 89 / Thursday, May 8, 2014 / Notices
Meihua Group requested to extend the
application of the provisional measures
prescribed under section 733(d) of the
Act and 19 CFR 351.210(e)(2), from a
four-month period to not more than sixmonths. Suspension of liquidation will
be extended accordingly.
Suspension of Liquidation
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. As
described above, we preliminarily find
that critical circumstances exist for
imports produced or exported by the
Meihua Group, the separate rate
companies, and the PRC-wide entity.
For the Meihua Group, the separate rate
companies, and the PRC-wide entity, in
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date which is 90 days before
the publication of this notice.
We will instruct CBP to require a cash
deposit for all suspended entries at an
ad valorem rate equal to the weightedaverage dumping margins, as indicated
in the chart above.14 These suspension
of liquidation instructions will remain
in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
from the Meihua Group in making our
final determination.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
MSG, or sales (or the likelihood of sales)
for importation, of the merchandise
under consideration within 45 days of
our final determination.
14 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
VerDate Mar<15>2010
16:18 May 07, 2014
Jkt 232001
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 1, 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% 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,
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 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 number, and UNII number are
provided for convenience and customs
purposes; however, the written description of
the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Postponement of Final Determination and
Extension of Provisional Measures
6. Discussion of the Methodology
a. Non Market Economy
b. Surrogate Country
c. Separate Rates
d. Application of Facts Available and
Adverse Inferences
e. Date of Sale
f. Co-product/By-product Analysis
g. Fair Value Comparisons
h. Determination of Comparison Method
i. Export Price
j. Normal Value
k. Factor Valuation Methodology
7. Currency Conversion
8. Critical Circumstances
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9. Conclusion
[FR Doc. 2014–10635 Filed 5–7–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 NAFTA
Binational Panel Reviews; Completion
of Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
AGENCY:
ACTION:
Notice of Completion of Panel
Review.
Pursuant to the Order of the
North American Free Trade Agreement
(NAFTA) Binational Panel dated March
18, 2014, the panel review of the
Department of Commerce’s final
determination regarding Bottom Mount
Combination Refrigerator-Freezers from
Mexico was completed on May 1, 2014.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ellen M. Bohon, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue
NW., Washington, DC 20230, (202) 482–
5438.
On March
25, 2014 the binational panel reviewing
the U.S. Department of Commerce’s
final determination concerning Bottom
Mount Combination RefrigeratorFreezers from Mexico (NAFTA
Secretariat File No. USA–MEX–2012–
1904–02) issued an Order granting a
Joint Motion to Dismiss Panel Review
filed by Samsung Electronics Mexico,
S.A. de C.V. and affiliates and LG
Electronics Monterrey Mexico, S.A. de
C.V. and affiliates and a Motion to
Dismiss Panel Review filed by the U.S.
Department of Commerce. In its Order,
the panel also dismissed as moot the
Renewed Motion to Stay filed by
Whirlpool Corporation. Pursuant to the
panel’s Order, the Secretariat was
instructed to issue a Notice of
Completion of Panel Review on the 31st
day following the issuance of the Notice
of Final Panel Action, if no request for
an Extraordinary Challenge Committee
was filed. No such request was filed.
Therefore, on the basis of the Panel
Order and Rule 80 of the Article 1904
Panel Rules, the Panel Review was
completed and the panelists were
discharged from their duties effective
May 1, 2014.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Notices]
[Pages 26408-26410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10635]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-992]
Monosodium Glutamate From the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, and Postponement
of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that monosodium glutamate (MSG) from the People's Republic
of China (PRC) is being, or is likely to be, sold in the United States
at less than fair value (LTFV), as provided the Tariff Act of 1930, as
amended (the Act). The period of investigation is January 1, 2013,
through June 30, 2013. The estimated weighted-average dumping margins
of sales at LTFV are shown in the ``Preliminary Determination'' section
of this notice. We invite interested parties to comment on this
preliminary determination. The final determination will be issued not
later than 135 days after publication of this preliminary determination
in the Federal Register.
DATES: Effective: May 8, 2014.
FOR FURTHER INFORMATION CONTACT: Milton Koch, Brandon Steele, or Jun
Jack Zhao, 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) 482-2584, (202) 482-4956, or (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers 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.\1\
---------------------------------------------------------------------------
\1\ See Appendix I for a complete description of the scope of
this investigation.
---------------------------------------------------------------------------
Scope Comments
In accordance with the Preamble to the Department's regulations,\2\
a period of time was set aside in our Initiation Notice for parties to
raise product coverage issues, and we encouraged interested parties to
submit comments within 20 calendar days of the signature date of that
notice.\3\ No scope comments were submitted regarding this
investigation.
---------------------------------------------------------------------------
\2\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\3\ See Monosodium Glutamate From the People's Republic of
China, and the Republic of Indonesia: Initiation of Antidumping Duty
Investigations, 78 FR 65278 (October 31, 2013) (Initiation Notice).
---------------------------------------------------------------------------
Methodology
The Department is conducting this antidumping duty investigation in
accordance with section 731 of the Act. Export prices (EPs) and
constructed export prices (CEPs) are being calculated in accordance
with section 772 of the Act. Because the PRC is a non-market economy
within the meaning of section 771(18) of the Act, normal value (NV) is
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary
[[Page 26409]]
Decision Memorandum.\4\ 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 (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, located at room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See the Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Monosodium Glutamate from the
People's Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum) which is hereby adopted by this
notice.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\5\ This practice is described in
Policy Bulletin 05.1.\6\
---------------------------------------------------------------------------
\5\ See Initiation Notice, 78 FR 65282.
\6\ See Policy Bulletin No. 05.1, regarding ``Separate-Rates
Practice and Application of Combination Rates in Antidumping
Investigations Involving Non-Market Economy Countries'' (April 5,
2005) (``Policy Bulletin 05.1''), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that MSG from the PRC is
being, or is likely to be, sold in the United States at LTFV, as
provided in section 733(b) of the Act.
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Langfang Meihua Bio-Technology Tongliao Meihua 52.24
Co., Ltd./Meihua Group Biological SCI-TECH
International Trading (Hong Co., Ltd./Meihua
Kong) Limited. Holdings Group Co.,
Ltd., Bazhou Branch.
Fujian Province Jianyang Wuyi Fujian Province 52.24
MSG Co., Ltd.. Jianyang Wuyi MSG Co.,
Ltd..
Neimenggu Fufeng Neimenggu Fufeng 52.24
Biotechnologies Co., Ltd.. Biotechnologies Co.,
Ltd..
Baoji Fufeng Biotechnologies Baoji Fufeng 52.24
Co., Ltd.. Biotechnologies Co.,
Ltd..
PRC-wide Entity *.............. ....................... 52.27
------------------------------------------------------------------------
* The PRC-wide entity includes Shandong Linghua Monosodium Glutamate
Incorporated Company, a mandatory respondent in this investigation.
Preliminary Affirmative Determination of Critical Circumstances
On April 11, 2014, Petitioner filed a timely critical circumstances
allegation, pursuant to section 773(e)(1) of the Act and 19 CFR
351.206(c)(1), alleging that critical circumstances exist with respect
to imports of MSG from the PRC.\7\ We preliminarily determine that
critical circumstances exist for the Meihua Group,\8\ the separate rate
companies,\9\ and the PRC-wide entity. A discussion of our
determination can be found in the Preliminary Decision Memorandum at
the section, ``Critical Circumstances.''
---------------------------------------------------------------------------
\7\ See Letter to the Secretary of Commerce, ``Monosodium
Glutamate from China: Petitioner's Critical Circumstances
Allegations,'' dated April 11, 2014. Petitioner is Ajinomoto North
America Inc. (Petitioner).
\8\ Langfang Meihua Bio-Technology Co., Ltd.; Meihua Group
International Trading (Hong Kong) Limited; Tongliao Meihua
Biological SCI-TECH Co., Ltd.; and Meihua Holdings Group Co., Ltd.,
Bazhou Branch (collectively, the Meihua Group).
\9\ Fujian Province Jianyang Wuyi MSG Co., Ltd.; Neimenggu
Fufeng Biotechnologies Co., Ltd.; and Baoji Fufeng Biotechnologies
Co., Ltd. (collectively, the separate rate companies).
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs 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. The summary should be limited to five pages total,
including footnotes.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate in a hearing if one is requested,
must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce. All documents
must be filed electronically using IA ACCESS. An electronically filed
request must be received successfully in its entirety by IA ACCESS, by
5:00 p.m. Eastern Standard Time, within 30 days after the date of
publication of this notice.\11\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
the Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\11\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to a request from the Meihua Group, a respondent in this
investigation, we are postponing the final determination.\12\
Accordingly, we will issue our final determination no later than 135
days after the date of publication of this preliminary determination,
pursuant to section 735(a)(2) of the Act.\13\ Further, the
[[Page 26410]]
Meihua Group requested to extend the application of the provisional
measures prescribed under section 733(d) of the Act and 19 CFR
351.210(e)(2), from a four-month period to not more than six-months.
Suspension of liquidation will be extended accordingly.
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\12\ See Letter to the Secretary of Commerce, ``Monosodium
Glutamate from the People's Republic of China: Request for Extension
of the Final Determination,'' dated April 23, 2014.
\13\ See also 19 CFR 351.210(e).
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Suspension of Liquidation
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As described above, we
preliminarily find that critical circumstances exist for imports
produced or exported by the Meihua Group, the separate rate companies,
and the PRC-wide entity. For the Meihua Group, the separate rate
companies, and the PRC-wide entity, in accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries of merchandise entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the publication of this notice.
We will instruct CBP to require a cash deposit for all suspended
entries at an ad valorem rate equal to the weighted-average dumping
margins, as indicated in the chart above.\14\ These suspension of
liquidation instructions will remain in effect until further notice.
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\14\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information from the Meihua Group in making our final
determination.
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
Section 735(b)(2) of the Act requires the ITC to make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of MSG, or sales (or the likelihood of sales) for importation,
of the merchandise under consideration within 45 days of our final
determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 1, 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% 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, 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 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 number, and UNII number are provided for convenience and
customs purposes; however, the written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Postponement of Final Determination and Extension of Provisional
Measures
6. Discussion of the Methodology
a. Non Market Economy
b. Surrogate Country
c. Separate Rates
d. Application of Facts Available and Adverse Inferences
e. Date of Sale
f. Co-product/By-product Analysis
g. Fair Value Comparisons
h. Determination of Comparison Method
i. Export Price
j. Normal Value
k. Factor Valuation Methodology
7. Currency Conversion
8. Critical Circumstances
9. Conclusion
[FR Doc. 2014-10635 Filed 5-7-14; 8:45 am]
BILLING CODE 3510-DS-P
