Methionine From France, Japan, and Spain: Initiation of Less-Than-Fair-Value Investigations, 52324-52329 [2020-18592]
Download as PDF
<![CDATA[
52324
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
Kuntjoro may, at any time, appeal this
Order by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
In accordance with the provisions of
Sections 766.23(c)(2) and 766.24(e)(3) of
the EAR, Triadi Senna Kuntjoro and
Satrio Wiharjo Sasmito may, at any
time, appeal their inclusion as a related
person by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. Respondents
PT MS Aero Support, PT Antasena
Kreasi, PT Kandiyasa Energi Utama, and
Sunarko Kuntjoro may oppose a request
to renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on each denied person and shall be
published in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: August 19, 2020.
P. Lee Smith,
Performing the Non-exclusive Functions and
Duties of the Assistant Secretary for Export
Enforcement.
[FR Doc. 2020–18587 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–839]
Carbazole Violet Pigment 23 From
India: Rescission of Countervailing
Duty Administrative Review: 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
carbazole violet pigment 23 (CVP–23)
from India for the period of review
(POR) January 1, 2018 through
December 31, 2018, based on the timely
withdrawal of the request for review.
DATES: Applicable August 25, 2020.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
19:55 Aug 24, 2020
Jkt 250001
FOR FURTHER INFORMATION CONTACT:
Gene 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 December 6, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
CVD order on CVP–23 from India for the
POR of January 1, 2018 through
December 31, 2018.1 On December 31,
2019, Commerce received a timely-filed
request from Pidilite Industries Limited
(Pidilite) for an administrative review of
Pidilite, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b).2
On February 6, 2020, pursuant to this
request, and in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice initiating an administrative
review of the countervailing duty order
on CVP–23 from India for Pidilite.3 On
May 6, 2020, Pidilite timely withdrew
its request for an administrative
review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review.
Pidilite withdrew its request for review
within the requisite 90 days. No other
parties requested an administrative
review of the order. Therefore, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this review in its
entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries of CVP–23 from India.
Countervailing duties shall be assessed
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 84 FR 66880
(December 6, 2019).
2 See Pidilite’s Letter, ‘‘Carbazole Violet Pigment
23 from India—Request for Administrative
Review,’’ dated December 31, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
6896 (February 6, 2020).
4 See Pidilite’s Letter, ‘‘Carbazole Violet Pigment
23 from India—Withdrawal of Request for
Administrative Review,’’ dated May 6, 2020.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
at rates equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
Administrative Protective Orders
This notice also serves as a reminder
to all parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/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 violation
which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: August 19, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–18593 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–831, A–588–879, A–469–822]
Methionine From France, Japan, and
Spain: Initiation of Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable August 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin at (202) 482–2638
(France); Robert Scully at (202) 482–
0572 (Japan); and Elizabeth Bremer at
(202) 482–4987 (Spain); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On July 29, 2020, the Department of
Commerce (Commerce) received
antidumping duty (AD) petitions
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
concerning imports of methionine from
France, Japan, and Spain filed in proper
form on behalf of Novus International,
Inc. (the petitioner), a domestic
producer of methionine.1
On August 3, 7, and 12, 2020,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires and in
phone calls.2 The petitioner filed
responses to these requests on August 5,
6, 11, and 13, 2020.3
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of methionine from France, Japan, and
Spain are being, or are likely to be, sold
in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
methionine industry in the United
States. Consistent with section 732(b)(1)
of the Act, the Petitions are
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
khammond on DSKJM1Z7X2PROD with NOTICES
1 See
Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping Duties: Methionine
from France, Japan, and Spain,’’ dated July 29, 2020
(Petitions).
2 See Commerce’s Letters, ‘‘Methionine from
France, Japan, and Spain—Petitions for the
Imposition of Antidumping Duties: Supplemental
Questions,’’ dated August 3, 2020 (General Issues
Supplemental); and Country-Specific Supplemental
Questionnaires: ‘‘Methionine from France—Petition
for the Imposition of Antidumping Duties:
Supplemental Questions’’ (France AD
Supplemental); ‘‘Methionine from Japan—Petition
for the Imposition of Antidumping Duties:
Supplemental Questions’’ (Japan AD
Supplemental); and ‘‘Methionine from Spain—
Petition for the Imposition of Antidumping Duties:
Supplemental Questions’’ (Spain AD
Supplemental), dated August 3, 2020;
Memorandum, ‘‘Telephone Call with the Petitioners
Regarding Antidumping Duty Petitions on
Methionine from France, Japan, and Spain,’’ dated
August 7, 2020 (August 7, 2020 Memorandum); and
Memorandum, ‘‘Telephone Call with the Petitioners
Regarding Antidumping Duty Petitions on
Methionine from France, Japan, and Spain,’’ dated
August 12, 2020 (August 12, 2020 Memorandum).
3 See Petitioner’s Letter, ‘‘Methionine from
France, Japan, and Spain: Response to General
Issues Questionnaire,’’ dated August 5, 2020 (First
General Issues Supplement); see also Petitioner’s
Letters, ‘‘Methionine from France: Response to
Supplemental Questions’’ dated August 6, 2020
(France AD Supplement); ‘‘Methionine from Japan:
Response to Supplemental Questions’’ dated
August 6, 2020 (Japan AD Supplement); and
‘‘Methionine from Spain: Response to
Supplemental Questions’’ dated August 6, 2020
(Spain AD Supplement); Petitioner’s Letter,
‘‘Methionine from France, Japan, and Spain:
Response to Scope Request,’’ dated August 11, 2020
(Second General Issues Supplement); and
Petitioner’s Letter, ‘‘Methionine from France, Japan,
and Spain: Response to Scope Request,’’ dated
August 13, 2020 (Third General Issues
Supplement).
VerDate Sep<11>2014
19:55 Aug 24, 2020
Jkt 250001
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested LTFV investigations.4
Periods of Investigation
Because the Petitions were filed on
July 29, 2020, the period of investigation
for these LTFV investigations is July 1,
2019 through June 30, 2020, pursuant to
19 CFR 351.204(b)(1).5
Scope of the Investigations
The products covered by these
investigations are methionine from
France, Japan, and Spain. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
On August 3, 7, and 12, 2020,
Commerce requested further
information from the petitioner
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.6 On August 5, 11, and 13,
2020, the petitioner revised the scope.7
The description of merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).8 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on September 8,
2020, which is the next business day
after 20 calendar days from the
4 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
5 See 19 CFR 351.204(b)(1).
6 See General Issues Supplemental at 1–3.
7 See First General Issues Supplement at Exhibit
I–21; see also Second General Issues Supplement at
Exhibit I–24; and Third General Issues Supplement
at Exhibit I–24.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
52325
signature date of this notice.10 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on September 18, 2020,
which is ten calendar days from the
initial comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of these
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of these
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of each of the
concurrent AD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
electronically filed document must be
received successfully in its entirety by
the time and date on which it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of methionine to be reported in response
to Commerce’s questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics, and (2) product
10 In this case, 20 calendar days falls on
September 7, 2020, a federal holiday. Where a
deadline falls on a weekend or a federal holiday,
the appropriate deadline is the next business day.
See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
E:\FR\FM\25AUN1.SGM
25AUN1
52326
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
methionine, it may be that only a select
few product characteristics take into
account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on September
8, 2020, which is the next business day
after 20 calendar days from the
signature date of this notice.12 Any
rebuttal comments must be filed by 5:00
p.m. ET on September 18, 2020. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the LTFV
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
12 See
Next Business Day Rule, 70 FR 24533.
VerDate Sep<11>2014
19:55 Aug 24, 2020
Jkt 250001
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,13 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.15 Based on our analysis
of the information submitted on the
record, we have determined that
methionine, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.16
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
13 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F. 2d 240 (Fed. Cir. 1989)).
15 See Volume I of the Petitions at I–10–I–12 and
Exhibits I–4, I–7 and I–9; see also First General
Issues Supplement at 4; Second General Issues
Supplement at 2–4 and Exhibit I–24; and Third
General Issues Supplement at Exhibit I–24.
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see country-specific AD
Initiation Checklists at Attachment II, Analysis of
Industry Support for the Antidumping Duty
Petitions Covering Methionine from France, Japan,
and Spain (Attachment II). These checklists are
dated concurrently with, and hereby adopted by,
this notice and on file electronically via ACCESS.
14 See
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2019 and the estimated production
capacity of the only other known U.S.
producer of methionine.17 We relied on
data provided by the petitioner for
purposes of measuring industry
support.18
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.19
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).20 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.21 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.22 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.23
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
17 See Volume I of the Petitions at I–2–I–3 and
Exhibits I–1 and I–3; see also First General Issues
Supplement at 4 and Exhibit I–23.
18 See Volume I of the Petitions at I–2–I–3 and
Exhibits I–1 and I–3; see also First General Issues
Supplement at 4 and Exhibit I–23 and countryspecific AD Initiation Checklists at Attachment II.
19 See country-specific AD Initiation Checklists at
Attachment II.
20 Id.; see also section 732(c)(4)(D) of the Act.
21 See country-specific AD Initiation Checklists at
Attachment II.
22 Id.
23 Id.
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.24
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
underselling and price depression and
suppression; declines in production and
capacity utilization; negative impact on
employment variables; declining
profitability and operating income
margin; and a cancelled business
expansion project.25 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.26
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
these LTFV investigations of imports of
methionine from the France, Japan, and
Spain. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
country-specific AD Initiation
Checklists.
U.S. Price
For France, Japan, and Spain, the
petitioner based export price (EP) on the
average unit values of publicly available
import data. The petitioner made certain
adjustments to U.S. price to calculate a
net ex-factory U.S. price.27
Normal Value 28
khammond on DSKJM1Z7X2PROD with NOTICES
For France, Japan, and Spain, the
petitioner based NV on a home market
price quote obtained through market
research for methionine offered for sale
in each country within the applicable
24 See Volume I of the Petitions at 16–17 and
Exhibit I–2.
25 See Volume I of the Petitions at I–13, I–15
through I–30 and Exhibits I–1, I–2, I–7, I–9, and I–
12 through I–18; see also First General Issues
Supplement at 5 and Exhibit I–20.
26 See country-specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping Duty Petitions Covering Methionine
from France, Japan, and Spain.
27 See country-specific AD Initiation Checklists.
28 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value and cost of production (COP) to determine
whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have
been made at prices that represent less than the
COP of the product.
VerDate Sep<11>2014
19:55 Aug 24, 2020
Jkt 250001
time period.29 For France and Spain, the
petitioners made certain adjustments to
those prices to calculate an ex-factory
home market price, in accordance with
section 773 of the Act.30
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of methionine from France,
Japan, and Spain are being, or are likely
to be, sold in the United States at LTFV.
Based on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for methionine for each of the countries
covered by this initiation are as follows:
(1) France—16.17 percent; (2) Japan—
104.23 percent; and (3) Spain—36.22
percent.31
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating these LTFV investigations
to determine whether imports of
methionine from France, Japan, and
Spain are being, or are likely to be, sold
in the United States at LTFV. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioner
identified one known producer/
exporter, Adisseo France S.A.S., in
France; one known producer/exporter,
Sumitomo Chemical Company, Limited,
in Japan; and one known producer/
exporter, Adisseo Espan˜a, in Spain.32
However, the petitioner noted that
because some methionine is sold by
distributors,33 there may be other
exporters of methionine in France,
Japan, and Spain that are not known to
the petitioner.34
Therefore, following standard practice
in LTFV investigations involving market
economy countries, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States numbers listed in
the ‘‘Scope of the Investigations,’’ in the
appendix.
29 See
country-specific AD Initiation Checklists.
30 Id.
31 Id.
32 See
33 See
Volume I of the Petitions at Exhibit I–8.
First General Issues Supplemental at 1.
34 Id.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
52327
On August 17, 2020, Commerce
released CBP data on imports of
methionine from France, Japan, and
Spain under Administrative Protective
Order (APO) to all parties with access to
information protected by APO, and
indicated that interested parties wishing
to comment on the CBP data must do so
within three business days of the
publication date of this notice of
initiation of these investigations.35
Commerce will not accept rebuttal
comments regarding the CBP data or
respondent selection.
Comments must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety by
ACCESS, by 5:00 p.m. ET on the
specified deadline. Interested parties
must submit applications for disclosure
under APO in accordance with 19 CFR
351.305(b). Instructions for filing such
applications may be found on
Commerce’s website at https://
enforcement.trade.gov/apo.
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of France, Japan, and
Spain via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the AD
Petitions to each exporter named in the
AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of methionine from France,
Japan, and/or Spain are materially
injuring, or threatening material injury
to, a U.S. industry.36 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
35 See Memoranda, ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Methionine from
France: Release of Customs Data from U.S. Customs
and Border Protection;’’ ‘‘Petition for the Imposition
of Antidumping Duties on Imports of Methionine
from Japan: Release of Customs Data from U.S.
Customs and Border Protection;’’ and ‘‘Petition for
the Imposition of Antidumping Duties on Imports
of Methionine from Spain: Release of Customs Data
from U.S. Customs and Border Protection,’’ all
dated August 17, 2020.
36 See section 733(a) of the Act.
E:\FR\FM\25AUN1.SGM
25AUN1
52328
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
country.37 Otherwise, these LTFV
investigations will proceed according to
statutory and regulatory time limits.
khammond on DSKJM1Z7X2PROD with NOTICES
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 38 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.39 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
37 Id.
38 See
19 CFR 351.301(b).
39 See 19 CFR 351.301(b)(2).
VerDate Sep<11>2014
19:55 Aug 24, 2020
Jkt 250001
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in these
investigations.
Certification Requirements
Any party submitting factual
information in an AD or countervailing
duty (CVD) proceeding must certify to
the accuracy and completeness of that
information.40 Parties must use the
certification formats provided in 19 CFR
351.303(g).41 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
40 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
41 See
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in these investigations
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)). Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.42
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: August 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is methionine and dl-Hydroxy
analogue of dl-methionine, also known as 2Hydroxy 4-(Methylthio) Butanoic acid
(HMTBa), regardless of purity, particle size,
grade, or physical form. Methionine has the
chemical formula C5H11NO2S, liquid HMTBa
has the chemical formula C5H10O3S, and dry
HMTBa has the chemical formula
(C5H9O3S)2Ca.
Subject merchandise also includes
methionine processed in a third country
including, but not limited to, refining,
converting from liquid to dry or dry to liquid
form, or any other processing that would not
otherwise remove the merchandise from the
scope of these investigations if performed in
the country of manufacture of the in-scope
methionine or dl-Hydroxy analogue of dlmethionine.
The scope also includes methionine that is
commingled (i.e., mixed or combined) with
methionine from sources not subject to these
investigations. Only the subject component
of such commingled products is covered by
the scope of these investigations.
Excluded from these investigations is
United States Pharmacopoeia (USP) grade
methionine. In order to qualify for this
exclusion, USP grade methionine must meet
or exceed all of the chemical, purity,
performance, and labeling requirements of
the United States Pharmacopeia and the
National Formulary for USP grade
methionine.
Methionine is currently classified under
subheadings 2930.40.0000 and 2930.90.4600
of the Harmonized Tariff Schedule of the
United States (HTSUS). Methionine has the
42 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
Chemical Abstracts Service (CAS) registry
numbers 583–91–5, 4857–44–7, 59–51–8 and
922–50–9. While the HTSUS subheadings
and CAS registry numbers are provided for
convenience and customs purposes, the
written description of the scope of these
investigations is dispositive.
[FR Doc. 2020–18592 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA086]
Atlantic Highly Migratory Species;
Draft Amendment 12 to the 2006
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Availability of a draft fishery
management plan amendment; request
for comments.
AGENCY:
NMFS announces the
availability of Draft Amendment 12 to
the 2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP). The Draft
Amendment responds to revisions to the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) National
Standard (NS) guidelines, a rulemaking
addressing reporting methodologies for
bycatch as defined under the MagnusonStevens Act, and recent NMFS policy
directives which aim to improve and
streamline fishery management
procedures to enhance their utility for
managers and the public. This draft
amendment does not include a
proposed rule or regulatory text. Any
operational changes to fishery
management measures as a result of
Amendment 12 would be considered in
future rulemakings, as appropriate.
DATES: Written comments must be
received by October 26, 2020. NMFS
will hold two public hearings via
conference calls and webinars for this
draft amendment on September 23,
2020, from 2 p.m. to 4 p.m., and
September 29, 2020 from 3 p.m. to 5
p.m. For specific dates and times, see
the SUPPLEMENTARY INFORMATION section
of this document.
ADDRESSES: Electronic copies of Draft
Amendment 12 to the 2006
Consolidated HMS FMP may be
obtained on the internet at: https://
www.fisheries.noaa.gov/action/
amendment-12-2006-consolidated-hms-
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:55 Aug 24, 2020
Jkt 250001
fishery-management-plan-msaguidelines-and-national. If available,
hard copies may be obtained by
contacting Rick Pearson at 727–824–
5399. You may submit comments on
this document, identified by NOAA–
NMFS–2019–0096, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov, enter NOAA–
NMFS–2019–0096 into the search box,
click the ‘‘Comment Now!’’ icon,
complete the required fields and enter,
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Rick
Pearson at 727–824–5399 or by email at
rick.a.pearson@noaa.gov or Sarah
McLaughlin by email at
sarah.mclaughlin@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that any
FMP or FMP amendment be consistent
with 10 National Standards (NS). In
2016, NMFS published a final rule
revising the guidelines for NS1, NS3,
and NS7 to improve and clarify the
guidance and to facilitate compliance
with requirements of the MagnusonStevens Act to end and prevent
overfishing, rebuild overfished stocks,
and achieve optimum yield (OY) (81 FR
71858, October 18, 2016). The final rule
on the NS guidelines included a
recommendation that FMP objectives
should be reassessed on a regular basis
to reflect the changing needs of fisheries
over time. Although no time frame was
prescribed, the guidelines indicated that
NMFS should provide notice to the
public of the expected schedule for
review. The final rule also noted that,
for stocks managed under international
agreements, consistent with provisions
in the Magnuson-Stevens Act, NMFS
may decide to use the international
stock status determination criteria (SDC)
defined by the relevant international
body (e.g., the International Commission
for the Conservation of Atlantic Tunas
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
52329
(ICCAT)). Thus, Draft Amendment 12
reassesses, and proposes revisions to the
objectives contained in the 2006
Consolidated Atlantic HMS FMP, and
proposes the adoption of ICCAT SDC for
ICCAT-managed HMS.
The Magnuson-Stevens Act further
requires that any FMP, with respect to
any fishery, establish standardized
bycatch reporting methodology (SBRM)
to assess the amount and type of
bycatch occurring in a fishery. On
January 19, 2017, NMFS published a
final rule (82 FR 6317) to interpret and
provide guidance on this requirement.
Specifically, the 2017 final rule
indicated that each FMP must identify
the required procedure or procedures
that constitute the SBRM for a fishery
and conduct an analysis that explains
how the SBRM meets the purposes
described at 50 CFR 600.1600. Draft
Amendment 12 conducts the required
review of SBRMs for HMS fisheries.
Also in 2017, NMFS issued a
Fisheries Allocation Review Policy
Directive and Procedures (01–119),
which described a mechanism to ensure
that fishery quota allocations are
periodically reviewed and evaluated to
remain relevant to current conditions,
improve transparency, and minimize
conflict for a process that is often
controversial. Draft Amendment 12
reviews and proposes potential triggers
for review of allocations of quotamanaged HMS.
Finally, the HMS Stock Assessment
and Fishery Evaluation (SAFE) Report is
a public document that provides a
summary of scientific information
concerning the most recent biological
condition of stocks, stock complexes,
and marine ecosystems, essential fish
habitat (EFH), and the social and
economic condition of recreational and
commercial HMS fishing interests,
fishing communities, and the fish
processing industries. National
Standard 2 guidelines specify that SAFE
reports summarize, on a periodic basis,
the best scientific information available
concerning the past, present, and
possible future condition of the stocks,
EFH, marine ecosystems, and fisheries
being managed under Federal
regulation. In 2008, NMFS published
Amendment 2 to the 2006 Consolidated
HMS FMP which, among other things,
indicated that publication of the HMS
SAFE Report would occur by the fall of
each year. Draft Amendment 12
proposes adjusting the publication date
of the HMS SAFE Report to account for
unexpected delays (e.g., data
availability, staff availability, furloughs,
emergencies, etc.).
Draft Amendment 12 would be
consistent with the revised 2016 NS
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52324-52329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18592]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-831, A-588-879, A-469-822]
Methionine From France, Japan, and Spain: Initiation of Less-
Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 18, 2020.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin at (202) 482-2638
(France); Robert Scully at (202) 482-0572 (Japan); and Elizabeth Bremer
at (202) 482-4987 (Spain); AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On July 29, 2020, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions
[[Page 52325]]
concerning imports of methionine from France, Japan, and Spain filed in
proper form on behalf of Novus International, Inc. (the petitioner), a
domestic producer of methionine.\1\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping Duties: Methionine from France, Japan, and Spain,''
dated July 29, 2020 (Petitions).
---------------------------------------------------------------------------
On August 3, 7, and 12, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires and in phone calls.\2\ The petitioner filed
responses to these requests on August 5, 6, 11, and 13, 2020.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, ``Methionine from France, Japan, and
Spain--Petitions for the Imposition of Antidumping Duties:
Supplemental Questions,'' dated August 3, 2020 (General Issues
Supplemental); and Country-Specific Supplemental Questionnaires:
``Methionine from France--Petition for the Imposition of Antidumping
Duties: Supplemental Questions'' (France AD Supplemental);
``Methionine from Japan--Petition for the Imposition of Antidumping
Duties: Supplemental Questions'' (Japan AD Supplemental); and
``Methionine from Spain--Petition for the Imposition of Antidumping
Duties: Supplemental Questions'' (Spain AD Supplemental), dated
August 3, 2020; Memorandum, ``Telephone Call with the Petitioners
Regarding Antidumping Duty Petitions on Methionine from France,
Japan, and Spain,'' dated August 7, 2020 (August 7, 2020
Memorandum); and Memorandum, ``Telephone Call with the Petitioners
Regarding Antidumping Duty Petitions on Methionine from France,
Japan, and Spain,'' dated August 12, 2020 (August 12, 2020
Memorandum).
\3\ See Petitioner's Letter, ``Methionine from France, Japan,
and Spain: Response to General Issues Questionnaire,'' dated August
5, 2020 (First General Issues Supplement); see also Petitioner's
Letters, ``Methionine from France: Response to Supplemental
Questions'' dated August 6, 2020 (France AD Supplement);
``Methionine from Japan: Response to Supplemental Questions'' dated
August 6, 2020 (Japan AD Supplement); and ``Methionine from Spain:
Response to Supplemental Questions'' dated August 6, 2020 (Spain AD
Supplement); Petitioner's Letter, ``Methionine from France, Japan,
and Spain: Response to Scope Request,'' dated August 11, 2020
(Second General Issues Supplement); and Petitioner's Letter,
``Methionine from France, Japan, and Spain: Response to Scope
Request,'' dated August 13, 2020 (Third General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of methionine
from France, Japan, and Spain are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the methionine
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by information reasonably available
to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\4\
---------------------------------------------------------------------------
\4\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on July 29, 2020, the period of
investigation for these LTFV investigations is July 1, 2019 through
June 30, 2020, pursuant to 19 CFR 351.204(b)(1).\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are methionine from
France, Japan, and Spain. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On August 3, 7, and 12, 2020, Commerce requested further
information from the petitioner regarding the proposed scope to ensure
that the scope language in the Petitions is an accurate reflection of
the products for which the domestic industry is seeking relief.\6\ On
August 5, 11, and 13, 2020, the petitioner revised the scope.\7\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\6\ See General Issues Supplemental at 1-3.
\7\ See First General Issues Supplement at Exhibit I-21; see
also Second General Issues Supplement at Exhibit I-24; and Third
General Issues Supplement at Exhibit I-24.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on September 8, 2020, which is the next business day after 20
calendar days from the signature date of this notice.\10\ Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on September 18, 2020, which is ten calendar days from the
initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ In this case, 20 calendar days falls on September 7, 2020,
a federal holiday. Where a deadline falls on a weekend or a federal
holiday, the appropriate deadline is the next business day. See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date on which it is due.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of methionine to be
reported in response to Commerce's questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product
[[Page 52326]]
comparison criteria. We note that it is not always appropriate to use
all product characteristics as product comparison criteria. We base
product comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe methionine, it
may be that only a select few product characteristics take into account
commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in matching products. Generally,
Commerce attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on September 8,
2020, which is the next business day after 20 calendar days from the
signature date of this notice.\12\ Any rebuttal comments must be filed
by 5:00 p.m. ET on September 18, 2020. All comments and submissions to
Commerce must be filed electronically using ACCESS, as explained above,
on the record of each of the LTFV investigations.
---------------------------------------------------------------------------
\12\ See Next Business Day Rule, 70 FR 24533.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that methionine, as defined
in the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petitions at I-10-I-12 and Exhibits I-
4, I-7 and I-9; see also First General Issues Supplement at 4;
Second General Issues Supplement at 2-4 and Exhibit I-24; and Third
General Issues Supplement at Exhibit I-24.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see country-specific AD Initiation Checklists at Attachment II,
Analysis of Industry Support for the Antidumping Duty Petitions
Covering Methionine from France, Japan, and Spain (Attachment II).
These checklists are dated concurrently with, and hereby adopted by,
this notice and on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2019 and the estimated
production capacity of the only other known U.S. producer of
methionine.\17\ We relied on data provided by the petitioner for
purposes of measuring industry support.\18\
---------------------------------------------------------------------------
\17\ See Volume I of the Petitions at I-2-I-3 and Exhibits I-1
and I-3; see also First General Issues Supplement at 4 and Exhibit
I-23.
\18\ See Volume I of the Petitions at I-2-I-3 and Exhibits I-1
and I-3; see also First General Issues Supplement at 4 and Exhibit
I-23 and country-specific AD Initiation Checklists at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\19\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\20\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\21\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\22\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\23\
---------------------------------------------------------------------------
\19\ See country-specific AD Initiation Checklists at Attachment
II.
\20\ Id.; see also section 732(c)(4)(D) of the Act.
\21\ See country-specific AD Initiation Checklists at Attachment
II.
\22\ Id.
\23\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition,
[[Page 52327]]
the petitioner alleges that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ See Volume I of the Petitions at 16-17 and Exhibit I-2.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
underselling and price depression and suppression; declines in
production and capacity utilization; negative impact on employment
variables; declining profitability and operating income margin; and a
cancelled business expansion project.\25\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\26\
---------------------------------------------------------------------------
\25\ See Volume I of the Petitions at I-13, I-15 through I-30
and Exhibits I-1, I-2, I-7, I-9, and I-12 through I-18; see also
First General Issues Supplement at 5 and Exhibit I-20.
\26\ See country-specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Methionine
from France, Japan, and Spain.
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations of imports of methionine from the France, Japan, and
Spain. The sources of data for the deductions and adjustments relating
to U.S. price and normal value (NV) are discussed in greater detail in
the country-specific AD Initiation Checklists.
U.S. Price
For France, Japan, and Spain, the petitioner based export price
(EP) on the average unit values of publicly available import data. The
petitioner made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price.\27\
---------------------------------------------------------------------------
\27\ See country-specific AD Initiation Checklists.
---------------------------------------------------------------------------
Normal Value 28
---------------------------------------------------------------------------
\28\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
---------------------------------------------------------------------------
For France, Japan, and Spain, the petitioner based NV on a home
market price quote obtained through market research for methionine
offered for sale in each country within the applicable time period.\29\
For France and Spain, the petitioners made certain adjustments to those
prices to calculate an ex-factory home market price, in accordance with
section 773 of the Act.\30\
---------------------------------------------------------------------------
\29\ See country-specific AD Initiation Checklists.
\30\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of methionine from France, Japan, and Spain are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for methionine for each of the
countries covered by this initiation are as follows: (1) France--16.17
percent; (2) Japan--104.23 percent; and (3) Spain--36.22 percent.\31\
---------------------------------------------------------------------------
\31\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of methionine from France, Japan, and Spain
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioner identified one known producer/
exporter, Adisseo France S.A.S., in France; one known producer/
exporter, Sumitomo Chemical Company, Limited, in Japan; and one known
producer/exporter, Adisseo Espa[ntilde]a, in Spain.\32\ However, the
petitioner noted that because some methionine is sold by
distributors,\33\ there may be other exporters of methionine in France,
Japan, and Spain that are not known to the petitioner.\34\
---------------------------------------------------------------------------
\32\ See Volume I of the Petitions at Exhibit I-8.
\33\ See First General Issues Supplemental at 1.
\34\ Id.
---------------------------------------------------------------------------
Therefore, following standard practice in LTFV investigations
involving market economy countries, Commerce intends to select
mandatory respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports under the appropriate Harmonized Tariff Schedule
of the United States numbers listed in the ``Scope of the
Investigations,'' in the appendix.
On August 17, 2020, Commerce released CBP data on imports of
methionine from France, Japan, and Spain under Administrative
Protective Order (APO) to all parties with access to information
protected by APO, and indicated that interested parties wishing to
comment on the CBP data must do so within three business days of the
publication date of this notice of initiation of these
investigations.\35\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\35\ See Memoranda, ``Petition for the Imposition of Antidumping
Duties on Imports of Methionine from France: Release of Customs Data
from U.S. Customs and Border Protection;'' ``Petition for the
Imposition of Antidumping Duties on Imports of Methionine from
Japan: Release of Customs Data from U.S. Customs and Border
Protection;'' and ``Petition for the Imposition of Antidumping
Duties on Imports of Methionine from Spain: Release of Customs Data
from U.S. Customs and Border Protection,'' all dated August 17,
2020.
---------------------------------------------------------------------------
Comments must be filed electronically using ACCESS. An
electronically-filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. ET on the specified deadline.
Interested parties must submit applications for disclosure under APO in
accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of France, Japan, and Spain via ACCESS. To
the extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of methionine from France, Japan, and/or Spain
are materially injuring, or threatening material injury to, a U.S.
industry.\36\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that
[[Page 52328]]
country.\37\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\36\ See section 733(a) of the Act.
\37\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \38\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\39\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
---------------------------------------------------------------------------
\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or countervailing
duty (CVD) proceeding must certify to the accuracy and completeness of
that information.\40\ Parties must use the certification formats
provided in 19 CFR 351.303(g).\41\ Commerce intends to reject factual
submissions if the submitting party does not comply with the applicable
certification requirements.
---------------------------------------------------------------------------
\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\42\
---------------------------------------------------------------------------
\42\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is methionine
and dl-Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-
(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle
size, grade, or physical form. Methionine has the chemical formula
C5H11NO2S, liquid HMTBa has the
chemical formula C5H10O3S, and dry
HMTBa has the chemical formula
(C5H9O3S)2Ca.
Subject merchandise also includes methionine processed in a
third country including, but not limited to, refining, converting
from liquid to dry or dry to liquid form, or any other processing
that would not otherwise remove the merchandise from the scope of
these investigations if performed in the country of manufacture of
the in-scope methionine or dl-Hydroxy analogue of dl-methionine.
The scope also includes methionine that is commingled (i.e.,
mixed or combined) with methionine from sources not subject to these
investigations. Only the subject component of such commingled
products is covered by the scope of these investigations.
Excluded from these investigations is United States
Pharmacopoeia (USP) grade methionine. In order to qualify for this
exclusion, USP grade methionine must meet or exceed all of the
chemical, purity, performance, and labeling requirements of the
United States Pharmacopeia and the National Formulary for USP grade
methionine.
Methionine is currently classified under subheadings
2930.40.0000 and 2930.90.4600 of the Harmonized Tariff Schedule of
the United States (HTSUS). Methionine has the
[[Page 52329]]
Chemical Abstracts Service (CAS) registry numbers 583-91-5, 4857-44-
7, 59-51-8 and 922-50-9. While the HTSUS subheadings and CAS
registry numbers are provided for convenience and customs purposes,
the written description of the scope of these investigations is
dispositive.
[FR Doc. 2020-18592 Filed 8-24-20; 8:45 am]
BILLING CODE 3510-DS-P
