Monosodium Glutamate From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and the Final Affirmative Determination of Critical Circumstances, 58326-58329 [2014-23136]

Download as PDF 58326 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices determined that Sujani has not acted to the best of its ability in responding to our requests for information.12 Therefore, the Department determines that the use of adverse facts available is warranted. Accordingly, we find that there were massive imports of subject merchandise from Sujani, pursuant to our practice.13 Given the analysis above, we determine that critical circumstances exist with respect to imports of GOES from Sujani. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation tkelley on DSK3SPTVN1PROD with NOTICES In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of GOES from the Czech Republic, as described in Appendix I of this notice, for AMFM and the companies covered by the all others rate which were entered, or withdrawn from warehouse, for consumption on or after May 9, 2014, the date of publication of the preliminary determination of this investigation in the Federal Register. For entries made by Sujani, in accordance with section 735(c)(4)(B) of the Act, we will instruct CBP to suspend liquidation of all appropriate entries of GOES from the Czech Republic, as described in Appendix I of this notice which were entered, or withdrawn from warehouse, for consumption on or after February 8, 2014, which is 90 days prior to the date of publication of the preliminary determination of this investigation in the Federal Register. Further, the Department will instruct CBP to require a cash deposit equal to the amount by which normal value exceeds U.S. price as follows: (1) For the mandatory respondents listed above, the cash deposit rate will be equal to the dumping margin which the Department determined in this final determination; (2) if the exporter is not a mandatory respondent identified in this investigation, but the producer is, the People’s Republic of China, 73 FR 31970, 31972– 31973 (June 5, 2008); and Small Diameter Graphite Electrodes From the People’s Republic of China, 74 FR 2049, 2052–2053 (January 14, 2009) (SDGE Final Determination). 12 See the ‘‘Verification’’ section of this memorandum, above. 13 See SDGE Final Determination, 74 FR at 2052– 2053. VerDate Sep<11>2014 16:44 Sep 26, 2014 Jkt 232001 cash deposit rate will be the rate established for the producer of the subject merchandise; and (3) the cash deposit rates for all other producers or exporters will be 13.76 percent. The suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will 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 GOES from the Czech Republic no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (APO) in coils or in straight lengths. The GOES that is subject to this investigation is currently classifiable under subheadings 7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Excluded are flat-rolled products not in coils that, prior to importation into the United States, have been cut to a shape and undergone all punching, coating, or other operations necessary for classification in Chapter 85 of the HTSUS as a transformer part (i.e., laminations). Appendix II—List of Topics Discussed in the Issues and Decision Memorandum General Comments 1. Affiliation Between AMFM and Sujani 2. The Knowledge Test Company-Specific Comments AMFM 3. Home Market Sale Outside the Ordinary Course of Trade 4. Indirect Selling Expenses 5. Packing Expenses 6. CEP Offset 7. Electricity 8. Rolls and Roller Adjustment to Cost of Manufacturing 9. Verification Changes to AMFM’s Cost Data 10. Profit Sujani 11. Total Facts Available for Sujani 12. Other Sujani Adjustments This notice serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. [FR Doc. 2014–23124 Filed 9–26–14; 8:45 am] Dated: September 22, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. AGENCY: Appendix I—Scope of the Investigation The scope of this investigation covers grain-oriented silicon electrical steel (GOES). GOES is a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–992] Monosodium Glutamate From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and the Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: September 29, 2014. SUMMARY: The Department of Commerce (the Department) 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 in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted-average E:\FR\FM\29SEN1.SGM 29SEN1 58327 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices dumping margins for this investigation are listed in the ‘‘Final Determination Margins’’ section below. FOR FURTHER INFORMATION CONTACT: Milton Koch 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 or (202) 482– 1396, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the preliminary determination in the LTFV investigation of MSG from the PRC on May 8, 2014.1 The following events occurred since the preliminary determination. The Department published the amended preliminary determination on June 13, 2014.2 Between June 16, 2014 and June 24, 2014, the Department conducted verification of the mandatory respondent, the Meihua Group.3 On July 21, 2014, Petitioner filed scope comments. On July 31, 2014 and August 7, 2014, both the Meihua Group and Petitioner filed case briefs and rebuttal briefs respectively. Period of Investigation The period of investigation is January 1, 2013, through June 30, 2013. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was September 2013.4 The product covered by this investigation is MSG, whether or not blended or in solution with other products. Specifically, MSG that has been blended or is in solution with other product(s) is included in this scope when the resulting mix contains 15 percent or more of MSG by dry weight.5 is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes to the Scope of the Investigation Changes Since the Preliminary Determination As detailed in the accompanying Issues and Decision Memorandum,6 we clarified the scope language with respect to the written descriptions of anhydrous and monohydrous forms of MSG and their chemical formula references.7 The revised scope of the investigation for this final determination is detailed in Appendix I, below. Based on the Department’s analysis of the comments received and our findings at verification, we made certain changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memorandum.8 Analysis of Comments Received As provided in section 782(i) of the Act and 19 CFR 351.307(b)(1)(i), in June 2014, the Department verified the information submitted by the Meihua Group for use in the final determination. The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by the Meihua Group. Scope of the Investigation All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum. A list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and it Verification Final Determination Margins The Department determines that the following weighted-average dumping margins exist for the period January 1, 2013, through June 30, 2013. 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. ................................... .................................................................................................. tkelley on DSK3SPTVN1PROD with NOTICES The PRC-wide entity includes Shandong Linghua Monosodium 3 Langfang Meihua Bio-Technology Co., Ltd., Tongliao Meihua Biological SCI–TECH Co., Ltd., Meihua Group International Trading (Hong Kong) Limited, Meihua Holdings Group Co., Ltd, and Meihua Holdings Group Co., Ltd, Bazhou Branch (collectively, Meihua, or the Meihua Group); see ‘‘Verification’’ section below. 4 19 CFR 351.204(b)(1). 5 See Appendix I. 6 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Monosodium Glutamate From the People’s Republic of China: Issues and Decision 8.30 8.30 8.30 8.32 Glutamate Incorporated Company (Shandong Linghua), a mandatory 1 See 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, 79 FR 26408 (May 8, 2014) (Preliminary Determination). 2 See Monosodium Glutamate From the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value of the Antidumping Duty Investigation, 79 FR 33907 (June 13, 2014) (Amended Preliminary Determination). 8.30 VerDate Sep<11>2014 16:44 Sep 26, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Memorandum for the Final Determination of Sales at Less Than Fair Value,’’ dated concurrently with this notice (Issues and Decision Memorandum). 7 See the Issues and Decision Memorandum at the section, ‘‘Scope of the Investigation.’’ 8 See Memorandum from Milton Koch, International Trade Compliance Analyst, AD/CVD Operations, Office VII, to the File, ‘‘Antidumping Duty Investigation of Monosodium Glutamate from the People’s Republic of China: Meihua Analysis Memorandum for the Final Determination,’’ dated concurrently with this notice (Final Analysis Memorandum). E:\FR\FM\29SEN1.SGM 29SEN1 58328 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices respondent in this investigation.9 Shandong Linghua withheld necessary information within the meaning of section 776(a) of the Act, and failed to act to the best of its ability to comply with the Department’s requests for information within the meaning of section 776(b) of the Act. Therefore, we applied adverse facts available, determining that Shandong Linghua was a part of the PRC-wide entity. See Issues and Decision Memorandum for further discussion. Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Final Affirmative Determination of Critical Circumstances No parties made any comments on and we made no changes to our critical circumstances analysis announced in the Preliminary Determination, which is hereby adopted by this notice. Thus, pursuant to 735(a)(3) of the Act, we continue to find that critical circumstances exist with respect to imports of MSG from the PRC from the Meihua Group, the separate rate companies, and the companies covered by the PRC-wide rate. tkelley on DSK3SPTVN1PROD with NOTICES Continuation of Suspension of Liquidation As noted above, the Department reached an affirmative critical circumstances determination at both the Preliminary Determination and this final determination with respect to imports of MSG from the Meihua Group, the separate rate companies, and the PRC-wide entity. Therefore, in accordance with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of MSG from the PRC from the Meihua Group, the separate rate companies, and the PRC-wide entity that were entered, or withdrawn from warehouse, for consumption on or after February 7, 2014, the date which is 90 days prior to publication of the Preliminary Determination. Further, the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price as follows: (1) For the exporter/producer combination listed in the table above, the cash deposit rate will be equal to the dumping margin 9 See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 10. VerDate Sep<11>2014 16:44 Sep 26, 2014 Jkt 232001 which the Department determined in this final determination; (2) for all combinations of PRC exporters/ producers of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the dumping margin established for the PRC-wide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension-of-liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As the Department’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury does not exist, this proceeding with be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Dated: September 22, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation covers monosodium glutamate (MSG), whether or not blended or in solution with other products. Specifically, MSG that has been blended or is in solution with other product(s) is included in this scope when the resulting mix contains 15% or more of MSG by dry weight. Products with which MSG may be blended include, but are not limited to, salts, sugars, starches, maltodextrins, and various seasonings. Further, MSG is included in this investigation regardless of physical form (including, but not limited to, in monohydrate or anhydrous form, or as substrates, solutions, dry powders of any particle size, or unfinished forms such as MSG slurry), end-use application, or packaging. MSG in monohydrate form has a molecular formula of C5H8NO4Na ¥H2O, a Chemical Abstract Service (CAS) registry number of 6106–04–3, and a Unique Ingredient Identifier (UNII) number of W81N5U6R6U. MSG in anhydrous form has a molecular formula of C5H8NO4Na, a CAS registry number of l42–47–2, and a UNII number of C3C196L9FG. Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule (HTS) of the United States at subheading 2922.42.10.00. Merchandise subject to the investigation may also enter under HTS subheadings 2922.42.50.00, 2103.90.72.00, 2103.90.74.00, 2103.90.78.00, 2103.90.80.00, and 2103.90.90.91. The tariff classifications, CAS registry numbers, and UNII numbers are provided for convenience and customs purposes; however, the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Use of Adverse Facts Available V. Margin Calculations VI. Discussion of the Issues 1. The Department’s Inland Freight Calculation 2. Letter of Credit Costs From the Brokerage and Handling Surrogate Value 3. Meihua’s Steam and Other Energy Inputs 4. The Department’s Co-Product Allocation 5. Meihua’s Sulfuric Acid and Sulfur Dioxide Inputs 6. Meihua’s Organic Bacterial Protein (OBP) By-Product Valuation 7. Whether To Allow Offsets when Aggregating the A–A and A–T Margins for the Department’s Mixed Methodology To Calculate Meihua’s Margin 8. Meihua’s Reported Tape Distance 9. The Valuation of Wind Power 10. The Valuation of Water 11. Limiting a By-Product Offset E:\FR\FM\29SEN1.SGM 29SEN1 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices 12. Meihua’s Irrecoverable Value Added Taxes 13. Meihua’s Weighted-Average Factors of Production 14. Whether the Department Should Use Indonesian Import Statistics To Value Lignite Coal 15. Whether the Department Should Use Domestic Prices in Indonesia To Value Corn 16. The Valuation of High Protein Scrap VII. Recommendation [FR Doc. 2014–23136 Filed 9–26–14; 8:45 am] BILLING CODE 3510–DS–P As detailed in the accompanying Issues and Decision Memorandum, we clarified the scope language with respect to the written descriptions of anhydrous and monohydrous forms of MSG and their chemical formula references.3 International Trade Administration [A–560–826] Monosodium Glutamate From the Republic of Indonesia: Final Determination of Sales at Less Than Fair Value Analysis of Comments Received Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that monosodium glutamate (MSG) from the Republic of Indonesia (Indonesia) is being, or is likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The period of investigation is July 1, 2012, through June 30, 2013. The final weighted-average dumping margins are listed below in the section, ‘‘Final Determination.’’ DATES: Effective Date: September 29, 2014. FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3586 or (202) 482–0486, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: Background The events that have occurred since the Department published the Preliminary Determination on May 8, 2014,1 are discussed in the Issues and Decision Memorandum.2 Monosodium Glutamate From the Republic of Indonesia: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 26406 (May 8, 2014) (Preliminary Determination). 2 See the Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative VerDate Sep<11>2014 17:50 Sep 26, 2014 Jkt 232001 The product covered by this investigation is MSG, whether or not blended or in solution with other products. Specifically, MSG that has been blended or is in solution with other product(s) is included in this scope when the resulting mix contains 15 percent or more of MSG by dry weight. The full scope of the investigation is set forth in Appendix I, below. Changes to the Scope of the Investigation DEPARTMENT OF COMMERCE 1 See Scope of the Investigation All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised in the case and rebuttal briefs is attached to this notice.4 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Department’s Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of the comments received, and our findings at verification, we made certain changes to the weighted-average dumping margin calculations. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. Determination in the Less than Fair Value Investigation of Monosodium Glutamate from the Republic of Indonesia,’’ which is dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 3 See the Issues and Decision Memorandum at the section, ‘‘Scope of the Investigation.’’ 4 See Appendix II. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 58329 Verification As provided in section 782(i) of the Act, in July 2014, we verified the sales and cost information submitted by PT Cheil Jedang Indonesia and CJ America, Inc. (collectively, Cheil Jedang) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Cheil Jedang.5 Final Determination The weighted-average dumping margins for this final determination are as follows: Producer or Exporter PT Cheil Jedang Indonesia .. All Others .............................. Weighted-average dumping margin (percent) 6.19 6.19 Section 735(c)(5)(A) of the Act provides that the estimated ‘‘all others’’ rate shall be an amount equal to the weighted average of the weightedaverage dumping margins calculated for the producers or exporters individually examined, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Because we calculated a weighted-average dumping margin for only one respondent, and that rate was not zero, de minimis, or determined entirely under section 776 of the Act, we assigned to all other producers and exporters the rate calculated for PT Cheil Jedang Indonesia. Disclosure We intend to disclose the calculations performed for this final determination within five days after the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend 5 See the Department Memoranda, ‘‘Verification of the Cost Response of PT Cheil Jedang Indonesia in the Less-Than-Fair-Value Investigation of Monosodium Glutamate from Indonesia,’’ (July 11, 2014); ‘‘Verification of the Sales Responses of Cheil Jedang Indonesia in the Antidumping Duty Investigation of Monosodium Glutamate (MSG) from Indonesia,’’ (July 21, 2014) and; ‘‘Verification of the CEP Sales Responses of CJ America, Inc. in the Antidumping Duty Investigation of Monosodium Glutamate (MSG) from Indonesia,’’ (July 21, 2014). E:\FR\FM\29SEN1.SGM 29SEN1

Agencies

[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58326-58329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23136]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992]


Monosodium Glutamate From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value and the Final 
Affirmative Determination of Critical Circumstances

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

DATES: Effective Date: September 29, 2014.

SUMMARY: The Department of Commerce (the Department) 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 in section 735 of the Tariff Act of 1930, as 
amended (the Act). The final weighted-average

[[Page 58327]]

dumping margins for this investigation are listed in the ``Final 
Determination Margins'' section below.

FOR FURTHER INFORMATION CONTACT: Milton Koch 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 or (202) 482-1396, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the preliminary determination in the LTFV 
investigation of MSG from the PRC on May 8, 2014.\1\ The following 
events occurred since the preliminary determination. The Department 
published the amended preliminary determination on June 13, 2014.\2\ 
Between June 16, 2014 and June 24, 2014, the Department conducted 
verification of the mandatory respondent, the Meihua Group.\3\ On July 
21, 2014, Petitioner filed scope comments. On July 31, 2014 and August 
7, 2014, both the Meihua Group and Petitioner filed case briefs and 
rebuttal briefs respectively.
---------------------------------------------------------------------------

    \1\ See 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, 79 FR 26408 (May 8, 2014) 
(Preliminary Determination).
    \2\ See Monosodium Glutamate From the People's Republic of 
China: Amended Preliminary Determination of Sales at Less Than Fair 
Value of the Antidumping Duty Investigation, 79 FR 33907 (June 13, 
2014) (Amended Preliminary Determination).
    \3\ Langfang Meihua Bio-Technology Co., Ltd., Tongliao Meihua 
Biological SCI-TECH Co., Ltd., Meihua Group International Trading 
(Hong Kong) Limited, Meihua Holdings Group Co., Ltd, and Meihua 
Holdings Group Co., Ltd, Bazhou Branch (collectively, Meihua, or the 
Meihua Group); see ``Verification'' section below.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2013, through June 30, 
2013. This period corresponds to the two most recent fiscal quarters 
prior to the month of the filing of the petition, which was September 
2013.\4\
---------------------------------------------------------------------------

    \4\ 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The product covered by this investigation is MSG, whether or not 
blended or in solution with other products. Specifically, MSG that has 
been blended or is in solution with other product(s) is included in 
this scope when the resulting mix contains 15 percent or more of MSG by 
dry weight.\5\
---------------------------------------------------------------------------

    \5\ See Appendix I.
---------------------------------------------------------------------------

Changes to the Scope of the Investigation

    As detailed in the accompanying Issues and Decision Memorandum,\6\ 
we clarified the scope language with respect to the written 
descriptions of anhydrous and monohydrous forms of MSG and their 
chemical formula references.\7\ The revised scope of the investigation 
for this final determination is detailed in Appendix I, below.
---------------------------------------------------------------------------

    \6\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Monosodium Glutamate From the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Determination of Sales at Less Than Fair Value,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
    \7\ See the Issues and Decision Memorandum at the section, 
``Scope of the Investigation.''
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues which the parties raised and to which the 
Department responded in the Issues and Decision Memorandum is attached 
to this notice as Appendix II. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (IA ACCESS). IA ACCESS is available to registered users 
at http://iaaccess.trade.gov and it is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on the Department's analysis of the comments received and our 
findings at verification, we made certain changes to the margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum and the Final Analysis Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum from Milton Koch, International Trade 
Compliance Analyst, AD/CVD Operations, Office VII, to the File, 
``Antidumping Duty Investigation of Monosodium Glutamate from the 
People's Republic of China: Meihua Analysis Memorandum for the Final 
Determination,'' dated concurrently with this notice (Final Analysis 
Memorandum).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act and 19 CFR 
351.307(b)(1)(i), in June 2014, the Department verified the information 
submitted by the Meihua Group for use in the final determination. The 
Department used standard verification procedures, including examination 
of relevant accounting and production records and original source 
documents provided by the Meihua Group.

Final Determination Margins

    The Department determines that the following weighted-average 
dumping margins exist for the period January 1, 2013, through June 30, 
2013.

------------------------------------------------------------------------
                                                       Weighted- average
           Exporter                    Producer          dumping  margin
                                                           (percent)
------------------------------------------------------------------------
Langfang Meihua Bio-Technology  Tongliao Meihua                     8.30
 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                     8.30
 MSG Co., Ltd..                  Jianyang Wuyi MSG
                                 Co., Ltd..
Neimenggu Fufeng                Neimenggu Fufeng                    8.30
 Biotechnologies Co., Ltd..      Biotechnologies Co.,
                                 Ltd..
Baoji Fufeng Biotechnologies    Baoji Fufeng                        8.30
 Co., Ltd..                      Biotechnologies Co.,
                                 Ltd..
PRC-wide Entity...............  .....................               8.32
------------------------------------------------------------------------

    The PRC-wide entity includes Shandong Linghua Monosodium Glutamate 
Incorporated Company (Shandong Linghua), a mandatory

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respondent in this investigation.\9\ Shandong Linghua withheld 
necessary information within the meaning of section 776(a) of the Act, 
and failed to act to the best of its ability to comply with the 
Department's requests for information within the meaning of section 
776(b) of the Act. Therefore, we applied adverse facts available, 
determining that Shandong Linghua was a part of the PRC-wide entity. 
See Issues and Decision Memorandum for further discussion.
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    \9\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 10.
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Disclosure

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

Final Affirmative Determination of Critical Circumstances

    No parties made any comments on and we made no changes to our 
critical circumstances analysis announced in the Preliminary 
Determination, which is hereby adopted by this notice. Thus, pursuant 
to 735(a)(3) of the Act, we continue to find that critical 
circumstances exist with respect to imports of MSG from the PRC from 
the Meihua Group, the separate rate companies, and the companies 
covered by the PRC-wide rate.

Continuation of Suspension of Liquidation

    As noted above, the Department reached an affirmative critical 
circumstances determination at both the Preliminary Determination and 
this final determination with respect to imports of MSG from the Meihua 
Group, the separate rate companies, and the PRC-wide entity. Therefore, 
in accordance with section 735(c)(4)(A) of the Act, we will instruct 
U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of entries of MSG from the PRC from the Meihua Group, the 
separate rate companies, and the PRC-wide entity that were entered, or 
withdrawn from warehouse, for consumption on or after February 7, 2014, 
the date which is 90 days prior to publication of the Preliminary 
Determination. Further, the Department will instruct CBP to require a 
cash deposit equal to the weighted-average amount by which the normal 
value exceeds U.S. price as follows: (1) For the exporter/producer 
combination listed in the table above, the cash deposit rate will be 
equal to the dumping margin which the Department determined in this 
final determination; (2) for all combinations of PRC exporters/
producers of merchandise under consideration which have not received 
their own separate rate above, the cash deposit rate will be equal to 
the dumping margin established for the PRC-wide entity; and (3) for all 
non-PRC exporters of merchandise under consideration which have not 
received their own separate rate above, the cash deposit rate will be 
equal to the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter. These suspension-of-
liquidation instructions will remain in effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we notified the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of subject merchandise, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that such injury does not exist, this proceeding 
with be terminated and all securities posted will be refunded or 
canceled. If the ITC determines that such injury does exist, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

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

Appendix I

Scope of the Investigation

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

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Adverse Facts Available
V. Margin Calculations
VI. Discussion of the Issues
    1. The Department's Inland Freight Calculation
    2. Letter of Credit Costs From the Brokerage and Handling 
Surrogate Value
    3. Meihua's Steam and Other Energy Inputs
    4. The Department's Co-Product Allocation
    5. Meihua's Sulfuric Acid and Sulfur Dioxide Inputs
    6. Meihua's Organic Bacterial Protein (OBP) By-Product Valuation
    7. Whether To Allow Offsets when Aggregating the A-A and A-T 
Margins for the Department's Mixed Methodology To Calculate Meihua's 
Margin
    8. Meihua's Reported Tape Distance
    9. The Valuation of Wind Power
    10. The Valuation of Water
    11. Limiting a By-Product Offset

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    12. Meihua's Irrecoverable Value Added Taxes
    13. Meihua's Weighted-Average Factors of Production
    14. Whether the Department Should Use Indonesian Import 
Statistics To Value Lignite Coal
    15. Whether the Department Should Use Domestic Prices in 
Indonesia To Value Corn
    16. The Valuation of High Protein Scrap
VII. Recommendation

[FR Doc. 2014-23136 Filed 9-26-14; 8:45 am]
BILLING CODE 3510-DS-P