Monosodium Glutamate From the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 63626-63627 [2018-26772]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63626-63627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26772]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]


Monosodium Glutamate From the Republic of Indonesia: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that PT. Cheil Jedang Indonesia (CJ Indonesia), the sole respondent in 
this administrative review, made sales of subject merchandise in the 
United States at prices below normal value during the period of review 
covering November 1, 2016, through October 31, 2017 (POR). Commerce is 
also rescinding the administrative review with respect to PT. Miwon 
Indonesia (Miwon). We invite interested parties to comment on these 
preliminary results.

DATES: Applicable December 11, 2018.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On January 11, 2018, based on requests from interested parties, 
Commerce initiated the administrative review on monosodium glutamate 
(MSG) from the Republic of Indonesia (Indonesia) covering Miwon and CJ 
Indonesia.\1\ A detailed description of the events that followed the 
initiation of this review can be found in the Preliminary Decision 
Memorandum.\2\ This administrative review is being conducted in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation 
Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Monosodium 
Glutamate from the Republic of Indonesia; 2016-2017,'' (Preliminary 
Decision Memorandum), which is dated concurrently with, and hereby 
adopted by, this notice.
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Scope of the Order

    The product covered by this review is MSG from Indonesia. A 
complete description of the scope of the order can be found in the 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
notice initiating the instant administrative review was published on 
January 11, 2018. On April 4, 2018, Daesang America, Inc. (Daesang), a 
U.S. importer of MSG from Indonesia, timely withdrew its request for an 
administrative review with respect to Miwon.\3\ Because Daesang timely 
withdrew its request for an administrative review of Miwon within 90 
days of the date of publication of the Initiation Notice, and as there 
are no remaining requests to review Miwon, Commerce is rescinding this 
review with respect to Miwon, in accordance with 19 CFR 351.213(d)(1).
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    \3\ See Letter from Daesang, ``Monosodium Glutamate from 
Indonesia: Requesting Rescission of Administrative Review--PT. 
Miwon, Indonesia,'' dated April 4, 2018.
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Methodology

    Commerce is conducting this administrative review in accordance 
with sections 751(a)(1)(B) and (2) of the Act. Export price and 
constructed export price are calculated in accordance with section 772 
of the Act. Normal value is calculated in accordance with section 773 
of the Act. A full description of the methodology underlying these 
preliminary results can be found in the Preliminary Determination 
Memorandum. A list of the topics included in the Preliminary Decision 
Memorandum is included as an appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Duty Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov, and to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and its electronic version are identical in content.

Preliminary Results of Review

    Commerce preliminarily determines that a weighted-average margin of 
24.68 percent exists for CJ Indonesia for the period November 1, 2016, 
through October 31, 2017.

Assessment Rates

    Upon issuance of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\4\
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    \4\ See 19 CFR 351.212(b).
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    If the weighted-average dumping margin for CJ Indonesia is not zero 
or de minimis (i.e., less than 0.5 percent), we will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.5 percent). If the 
respondent's (i.e., CJ Indonesia's) weighted-average dumping margin is 
zero or de minimis, or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review where 
applicable.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by CJ 
Indonesia for which the producer did not know that its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
entries not reviewed at the all-others rate if there is no rate for the

[[Page 63627]]

intermediate company (or companies) involved in the transaction.\5\ We 
intend to issue appropriate instructions to CBP 15 days after the date 
of publication of the final results of this review.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the company for which this review is rescinded (i.e., Miwon), 
antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions with respect to the company for 
which this review is being rescinded to CBP 15 days after the 
publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for CJ Indonesia 
will be the rate established in the final results of this review, 
except if the rate is less than 0.5 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is covered in this review, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 6.19 percent, the all-
others rate established in the LTFV investigation.\6\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \6\ 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).
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Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed in reaching these preliminary results within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit written comments (case 
briefs) at a date to be determined by Commerce and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\7\ Rebuttal briefs must be limited to issues raised in the case 
briefs.\8\ Commerce will notify interested parties when it has 
determined a deadline for case briefs. Parties who submit case or 
rebuttal briefs are requested to submit with the argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\9\
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    \7\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs.
    \8\ See 19 CFR 351.309(d)(2).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\10\ Hearing 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, we will inform parties of the scheduled date for 
the hearing, which will be held at the U.S. Department of Commerce, 
14th Street and Constitution Avenue NW, Washington, DC 20230, at a time 
and location to be determined.\11\ Parties should confirm by telephone 
the date, time, and location of the hearing. Issues addressed at the 
hearing will be limited to those raised in the briefs.\12\ All briefs 
and hearing requests must be filed electronically and received 
successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time 
by their respective deadlines.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\13\
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    \13\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2018.
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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
    A. Comparison to Normal Value
    1. Determination of Comparison Method
    2. Results of Differential Pricing Analysis
    B. Product Comparisons
    C. Date of Sale
    D. Constructed Export Price
VI. Normal Value
    A. Home Market Viability as Comparison Market
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of Cost of Production Test
    4. Calculation of Normal Value Based on Comparison Prices
VII. Currency Conversion
VIII. Verification
IX. Recommendation

[FR Doc. 2018-26772 Filed 12-10-18; 8:45 am]
BILLING CODE 3510-DS-P