Monosodium Glutamate From the People's Republic of China: Notice of Court Decision Not in Harmony With Second Amended Final Determination in Less Than Fair Value Investigation and Notice of Third Amended Final Determination, 59582-59583 [2017-27062]

Download as PDF 59582 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices project proposal on the mental health court in DC that will be submitted to the staff director for approval. Notice of Commission telephonic business meeting. ACTION: Thursday, December 21, 2017, at 3:30 p.m. EST. ADDRESSES: Meeting to take place by telephone. DATES: FOR FURTHER INFORMATION CONTACT: Brian Walch, (202) 376–8371, publicaffairs@usccr.gov. SUPPLEMENTARY INFORMATION: This business meeting is open to the public by telephone only. PARTICIPANT ACCESS INSTRUCTIONS: Listen Only, Toll Free: 1–888–219– 1420; Conference ID: 5586588. Please dial in 5–10 minutes prior to the start time. Meeting Agenda I. Approval of Agenda II. Program Planning • Discussion and Vote on Commission’s Strategic Plan for Fiscal Years 2019–2022 • Discussion and Vote on Revised Report: Public Education Funding Inequity in an Era of Increasing Concentration of Poverty and Resegregation • Discussion and Vote on Timeline, Discovery Plan, and Outline for the Commission’s FY19 Report on Federal Civil Rights Enforcement Efficacy V. Adjourn Meeting Dated: December 12, 2017. Brian Walch, Director, Communications and Public Engagement. [FR Doc. 2017–27139 Filed 12–13–17; 11:15 am] BILLING CODE 6335–01–P COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the District of Columbia Advisory Committee Commission on Civil Rights. ACTION: Announcement of monthly planning meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a planning meeting of the District of Columbia Advisory Committee to the Commission will convene at 11:30 a.m. (EST) Tuesday, January 9, 2018 at the offices of the U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue NW, Suite 1150, Washington, DC 20425. The purpose of the meeting is to discuss and vote on the sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:42 Dec 14, 2017 Jkt 244001 DATES: January 9, 2018 at 11:30 a.m. DEPARTMENT OF COMMERCE International Trade Administration (EST). [A–570–992] 1331 Pennsylvania Avenue NW, Suite 1150, Washington, DC 20425. Monosodium Glutamate From the People’s Republic of China: Notice of Court Decision Not in Harmony With Second Amended Final Determination in Less Than Fair Value Investigation and Notice of Third Amended Final Determination ADDRESSES: Ivy Davis, DFO, at ero@usccr.gov or 202– 376–7533. FOR FURTHER INFORMATION CONTACT: Persons with accessibility needs should contact the Eastern Regional Office no later than 10 working days before the scheduled meeting by sending an email to the following email address at ero@ usccr.gov. Members of the public are entitled to attend or submit written comments. The comments must be received in the regional office by February 9, 2018. Comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425 or emailed to Evelyn Bohor at ero@usccr.gov. Persons who desire additional information may contact the Eastern Regional Office at 202–376– 7533. Records and documents discussed during the meeting will be available for public viewing as they become available at http://facadatabase.gov/committee/ meetings.aspx?cid=241; click the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s website, www.usccr.gov, or to contact the Eastern Regional Office at the above phone numbers, email or street address. SUPPLEMENTARY INFORMATION: Agenda: Tuesday, January 9, 2018 I. Welcome and Introductions —Rollcall II. Planning Meeting —Discuss/Review Project Proposal —Identify Committee Members for Planning Workgroup III. Other Business IV. Open Comment V. Adjournment Dated: December 11, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2017–26985 Filed 12–14–17; 8:45 am] BILLING CODE 6335–01–P PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On November 3, 2017, the Court of International Trade (CIT or Court) sustained the final remand results pertaining to the less than fair value investigation of monosodium glutamate (MSG) from the People’s Republic of China (PRC). The Department of Commerce (the Department) is notifying the public that the final judgment in this case is not in harmony with the second amended final determination of the less than fair value investigation and that the Department is amending the second amended final determination with respect to the dumping margins assigned to Langfang Meihua Bio-Technology Co., Ltd.’s (Meihua). SUMMARY: DATES: Effective November 13, 3017. Jun Jack Zhao, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1396. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On September 29, 2014, the Department issued the Final Determination.1 On November 26, 2014, in response to ministerial error allegations, the Department issued the Amended Final Determination and on January 6, 2015, in response to additional comments concerning inadvertent errors in the Amended Final Determination, the Department issued the Second Amended Final 1 See 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, 79 FR 58326 (September 29, 2014) (Final Determination). E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices Determination and Order.2 Meihua 3 is a Chinese producer/exporter of MSG and was a mandatory respondent in the underlying less than fair value investigation. In the Second Amended Final Determination and Order, the Department assigned a dumping margin of 21.28 percent to Meihua. On April 25, 2017, the Court issued its Remand Order 4 and directed the Department to: (1) Reconsider the Department’s selection of the best available information in setting the distance used to calculate a surrogate value for inland freight and (2) reconsider petitioner’s, Ajinomoto North America, Inc.’s, (Ajinomoto) argument to calculate the corn factor of production (FOP) based upon the respondent Meihua’s actual production experience. Pursuant to the Remand Order, the Department issued its Final Redetermination, which addressed the Court’s Remand Order and revised the weighted-average dumping margin for Meihua to 34.15 percent.5 On November 3, 2017, the CIT sustained in whole the Department’s Final Redetermination.6 Timken Notice DEPARTMENT OF COMMERCE Timken, 7 In its decision in as clarified by Diamond Sawblades, 8 the United States Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s November 3, 2017, final judgment sustaining the Department’s Final Redetermination constitutes a final decision of the Court that is not in harmony with the Second Amended Final Determination and Order. This notice is published in fulfillment of the publication requirements of Timken. Third Amended Final Determination Because there is now a final court decision, the Department is amending the Second Amended Final Determination and Order with respect to the dumping margin calculated for Meihua. The revised dumping margin for Meihua, is 34.15 percent.9 Cash Deposit Requirements sradovich on DSK3GMQ082PROD with NOTICES 2 See Monosodium Glutamate from the People’s Republic of China, and the Republic of Indonesia: Antidumping Duty Orders and Monosodium Glutamate From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 70505 (November 26, 2014) (Amended Final Determination), and, Monosodium Glutamate from the People’s Republic of China: Second Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order, 80 FR 487 (January 6, 2015) (Second Amended Final Determination and Order), respectively. 3 Meihua, or Meihua Group, consists of Langfang Meihua Bio-Technology Co., Ltd., Tongliao Meihua Biological SCI–TECH Co., Ltd., Meihua Group International Trading (Hong Kong) Limited, and Meihua Holdings Group Co., Ltd, Bazhou Branch. See the Department’s preliminary decision memorandum, ‘‘Decision Memorandum for the Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination of the Antidumping Duty Investigation of Monosodium Glutamate from the People’s Republic of China,’’ dated May 1, 2014, at 8–9, unchanged in Amended Final Determination. 4 See Ajinomoto North America, Inc. v. United States, Court No. 14–00351, Slip Op. 17–48 (April 25, 2017) (Remand Order). 5 See Department Memorandum dated August 30, 2017, ‘‘Final Results of Redetermination Pursuant to Court Remand Monosodium Glutamate from the People’s Republic of China Ajinomoto North America, Inc. v. United States Court No. 14–00351, Slip Op. 17–48 (CIT April 25, 2017),’’ (Final Redetermination). 6 See Ajinomoto North America, Inc. v. United States, Court No. 14–00351, Slip Op. 17–150 (CIT 2017). VerDate Sep<11>2014 23:42 Dec 14, 2017 Jkt 244001 Since the Second Amended Final Determination and Order, the Department has established a new cash deposit rate for Meihua.10 Therefore, the Department is not amending the cash deposit rate for Meihua. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 735(c)(1), and 777(i)(1) of the Act. Dated: December 11, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–27062 Filed 12–14–17; 8:45 am] BILLING CODE 3510–DS–P 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), at 341. 8 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 9 See Final Redetermination. 10 See, e.g., Monosodium Glutamate from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014– 2015, 81 FR 89062 (December 9, 2016). PO 00000 Frm 00009 59583 Fmt 4703 Sfmt 4703 International Trade Administration Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity through Partnership Encouragement Act (HOPE) International Trade Administration, Department of Commerce. ACTION: Notification of annual quantitative limit on imports of certain apparel from Haiti. AGENCY: CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the ‘‘value-added’’ provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month annual period. For the annual period from December 20, 2017 through December 19, 2018, the quantity of imports eligible for preferential treatment under the valueadded provision is 361,603,399 square meters equivalent. DATES: December 20, 2017. FOR FURTHER INFORMATION CONTACT: Laurie Mease, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3400. SUPPLEMENTARY INFORMATION: Authority: Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) (‘‘CBERA’’), as amended; and as implemented by Presidential Proc. No. 8114, 72 FR 13655 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C. 2703a(b)(1)(B)), outlines the requirements for certain apparel articles imported directly from Haiti to qualify for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-toshape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns, as long as the sum of the cost or value of materials produced in Haiti or one or more beneficiary countries, as described in CBERA, as amended, or any combination thereof, plus the direct SUMMARY: E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59582-59583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27062]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992]


Monosodium Glutamate From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Second Amended Final 
Determination in Less Than Fair Value Investigation and Notice of Third 
Amended Final Determination

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

SUMMARY: On November 3, 2017, the Court of International Trade (CIT or 
Court) sustained the final remand results pertaining to the less than 
fair value investigation of monosodium glutamate (MSG) from the 
People's Republic of China (PRC). The Department of Commerce (the 
Department) is notifying the public that the final judgment in this 
case is not in harmony with the second amended final determination of 
the less than fair value investigation and that the Department is 
amending the second amended final determination with respect to the 
dumping margins assigned to Langfang Meihua Bio-Technology Co., Ltd.'s 
(Meihua).

DATES: Effective November 13, 3017.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1396.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2014, the Department issued the Final 
Determination.\1\ On November 26, 2014, in response to ministerial 
error allegations, the Department issued the Amended Final 
Determination and on January 6, 2015, in response to additional 
comments concerning inadvertent errors in the Amended Final 
Determination, the Department issued the Second Amended Final

[[Page 59583]]

Determination and Order.\2\ Meihua \3\ is a Chinese producer/exporter 
of MSG and was a mandatory respondent in the underlying less than fair 
value investigation. In the Second Amended Final Determination and 
Order, the Department assigned a dumping margin of 21.28 percent to 
Meihua.
---------------------------------------------------------------------------

    \1\ See 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, 79 FR 
58326 (September 29, 2014) (Final Determination).
    \2\ See Monosodium Glutamate from the People's Republic of 
China, and the Republic of Indonesia: Antidumping Duty Orders and 
Monosodium Glutamate From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, 79 FR 70505 
(November 26, 2014) (Amended Final Determination), and, Monosodium 
Glutamate from the People's Republic of China: Second Amended Final 
Determination of Sales at Less Than Fair Value and Amended 
Antidumping Duty Order, 80 FR 487 (January 6, 2015) (Second Amended 
Final Determination and Order), respectively.
    \3\ Meihua, or Meihua Group, consists of Langfang Meihua Bio-
Technology Co., Ltd., Tongliao Meihua Biological SCI-TECH Co., Ltd., 
Meihua Group International Trading (Hong Kong) Limited, and Meihua 
Holdings Group Co., Ltd, Bazhou Branch. See the Department's 
preliminary decision memorandum, ``Decision Memorandum for the 
Preliminary Determination of Sales at Less Than Fair Value, 
Affirmative Preliminary Determination of Critical Circumstances, and 
Postponement of Final Determination of the Antidumping Duty 
Investigation of Monosodium Glutamate from the People's Republic of 
China,'' dated May 1, 2014, at 8-9, unchanged in Amended Final 
Determination.
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    On April 25, 2017, the Court issued its Remand Order \4\ and 
directed the Department to: (1) Reconsider the Department's selection 
of the best available information in setting the distance used to 
calculate a surrogate value for inland freight and (2) reconsider 
petitioner's, Ajinomoto North America, Inc.'s, (Ajinomoto) argument to 
calculate the corn factor of production (FOP) based upon the respondent 
Meihua's actual production experience.
---------------------------------------------------------------------------

    \4\ See Ajinomoto North America, Inc. v. United States, Court 
No. 14-00351, Slip Op. 17-48 (April 25, 2017) (Remand Order).
---------------------------------------------------------------------------

    Pursuant to the Remand Order, the Department issued its Final 
Redetermination, which addressed the Court's Remand Order and revised 
the weighted-average dumping margin for Meihua to 34.15 percent.\5\ On 
November 3, 2017, the CIT sustained in whole the Department's Final 
Redetermination.\6\
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    \5\ See Department Memorandum dated August 30, 2017, ``Final 
Results of Redetermination Pursuant to Court Remand Monosodium 
Glutamate from the People's Republic of China Ajinomoto North 
America, Inc. v. United States Court No. 14-00351, Slip Op. 17-48 
(CIT April 25, 2017),'' (Final Redetermination).
    \6\ See Ajinomoto North America, Inc. v. United States, Court 
No. 14-00351, Slip Op. 17-150 (CIT 2017).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, \7\ as clarified by Diamond Sawblades, 
\8\ the United States Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, 
as amended (the Act), the Department must publish a notice of a court 
decision that is not ``in harmony'' with a Department determination and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's November 3, 2017, final judgment sustaining the 
Department's Final Redetermination constitutes a final decision of the 
Court that is not in harmony with the Second Amended Final 
Determination and Order. This notice is published in fulfillment of the 
publication requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken), at 341.
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Third Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the Second Amended Final Determination and Order with respect 
to the dumping margin calculated for Meihua. The revised dumping margin 
for Meihua, is 34.15 percent.\9\
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    \9\ See Final Redetermination.
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Cash Deposit Requirements

    Since the Second Amended Final Determination and Order, the 
Department has established a new cash deposit rate for Meihua.\10\ 
Therefore, the Department is not amending the cash deposit rate for 
Meihua.
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    \10\ See, e.g., Monosodium Glutamate from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2014-2015, 81 FR 89062 (December 9, 2016).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 735(c)(1), and 777(i)(1) of the Act.

    Dated: December 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-27062 Filed 12-14-17; 8:45 am]
 BILLING CODE 3510-DS-P