Monosodium Glutamate From the Republic of Indonesia: Final Results of Antidumping Duty Administrative Review; 2017-2018, 71610-71611 [2020-24914]

Download as PDF 71610 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (6) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design. The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 V. Injury Test VI. Application of the CVD Law to Imports From Vietnam VII. Subsidies Valuation VIII. Benchmarks and Interest Rates IX. Analysis of Programs X. Conclusion [FR Doc. 2020–24913 Filed 11–9–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–826] Monosodium Glutamate From the Republic of Indonesia: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that the sole mandatory respondent, PT. Cheil Jedang Indonesia (CJ Indonesia), did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) November 1, 2017 through October 31, 2018. DATES: Applicable November 10, 2020. 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: AGENCY: Background On January 16, 2020, Commerce published the Preliminary Results of this administrative review in the Federal Register.1 Commerce invited interested parties to comment on the Preliminary Results. On June 1, 2020, Ajinomoto Health & Nutrition North America, Inc. (the petitioner) and CJ Indonesia each timely submitted case briefs.2 CJ Indonesia timely submitted a rebuttal brief on June 8, 2020.3 No other 1 See Monosodium Glutamate from the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 2717 (January 16, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Petitioner’s Letter, ‘‘MSG from Indonesia: Petitioner’s Case Brief,’’ dated June 1, 2020; see also CJ Indonesia’s Letter, ‘‘Monosodium Glutamate (‘‘MSG’’) from Indonesia; 4th Administrative Review; CJ Case Brief,’’ dated June 1, 2020. 3 See CJ Indonesia’s Letter, ‘‘Monosodium Glutamate (‘‘MSG’’) from Indonesia; 4th Administrative Review; CJ Rebuttal Brief,’’ dated June 8, 2020. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 party submitted a rebuttal brief, and no party requested a hearing in this administrative review. Based on its analysis of the comments that Commerce received, Commerce made no changes to the weighted-average dumping margin determined for CJ Indonesia with respect to the Preliminary Results. On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.4 On June 30, 2020, Commerce extended the deadline for the final results by 60 days.5 On July 21, 2020, Commerce tolled all deadlines for preliminary and final results in administrative reviews by an additional 60 days, thereby extending the deadline for the final results to November 2, 2020.6 Scope of the Order The merchandise covered by the antidumping duty order is monosodium glutamate (MSG), whether or not blended or in solution with other products. For a complete description of the scope of the order, see the Issues and Decision Memorandum.7 Analysis of Comments Received Commerce addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. These issues are identified in the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and its electronic version are identical in content. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 5 See Memorandum, ‘‘Administrative Review of the Antidumping Duty Order on Monosodium Glutamate from the Republic of Indonesia: Extension of Deadline for the Final Results,’’ dated June 30, 2020. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Review,’’ dated July 21, 2020. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2017– 2018 Administrative Review of the Antidumping Duty Order on Monosodium Glutamate from the Republic of Indonesia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices Changes Since the Preliminary Results Based on its analysis of the comments that Commerce received, Commerce made changes to its normal value and margin calculations, but these did not change the weighted-average dumping margin determined for CJ Indonesia with respect to the Preliminary Results.8 Final Results of Review As a result of this administrative review, Commerce is assigning the following weighted-average dumping margin for the period November 1, 2017 through October 31, 2018: Producer/exporter Weighted-average dumping margin (percent) PT. Cheil Jedang Indonesia ..... 0.00 (de minimis). jbell on DSKJLSW7X2PROD with NOTICES Disclosure Commerce intends to disclose the calculations performed in these final results to interested parties within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this administrative review. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this administrative review in the Federal Register. Where CJ Indonesia reported reliable entered values, Commerce calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).9 Where Commerce calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer- (or customer-) specific assessment rates based on the resulting per-unit rates.10 Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect 8 See 9 See Issues and Decision Memorandum. 19 CFR 351.212(b)(1). 10 Id. VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 the appropriate duties at the time of liquidation.11 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.12 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise that entered the United States during the POR that were produced by CJ Indonesia for which CJ Indonesia did not know that its merchandise was destined to the United States, Commerce will instruct CBP to liquidate unreviewed entries at the all-others rate of 6.19 percent,13 if there is no rate for the intermediate company(ies) involved in the transaction.14 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of the final results of this administrative review for all shipments of MSG from Indonesia entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for CJ Indonesia will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in a completed segment for the most recent period of review; (3) if the exporter is not a firm covered in this review or in the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 6.19 percent, the all-others rate established in the investigation.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. 11 Id. 12 See 19 CFR 351.106(c)(2). Monosodium Glutamate from the Republic of Indonesia: Final Determination of Sales at Less Than Fair Value, 79 FR 58329 (September 29, 2014) (MSG Investigation Final Determination). 14 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 15 See MSG Investigation Final Determination. 13 See PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 71611 Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification of Interested Parties Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: November 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether the Application of Adverse Facts Available Is Warranted Regarding Certain of CJ Indonesia’s U.S. Sales Comment 2: Whether CJ Indonesia’s General & Administrative Expenses Should Be Revised To Correct a Clerical Error VI. Recommendation [FR Doc. 2020–24914 Filed 11–9–20; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71610-71611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24914]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]


Monosodium Glutamate From the Republic of Indonesia: Final 
Results of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that the sole 
mandatory respondent, PT. Cheil Jedang Indonesia (CJ Indonesia), did 
not sell subject merchandise in the United States at prices below 
normal value during the period of review (POR) November 1, 2017 through 
October 31, 2018.

DATES: Applicable November 10, 2020.

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 16, 2020, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ Commerce invited 
interested parties to comment on the Preliminary Results. On June 1, 
2020, Ajinomoto Health & Nutrition North America, Inc. (the petitioner) 
and CJ Indonesia each timely submitted case briefs.\2\ CJ Indonesia 
timely submitted a rebuttal brief on June 8, 2020.\3\ No other party 
submitted a rebuttal brief, and no party requested a hearing in this 
administrative review. Based on its analysis of the comments that 
Commerce received, Commerce made no changes to the weighted-average 
dumping margin determined for CJ Indonesia with respect to the 
Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Monosodium Glutamate from the Republic of Indonesia: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 85 FR 2717 (January 16, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioner's Letter, ``MSG from Indonesia: Petitioner's 
Case Brief,'' dated June 1, 2020; see also CJ Indonesia's Letter, 
``Monosodium Glutamate (``MSG'') from Indonesia; 4th Administrative 
Review; CJ Case Brief,'' dated June 1, 2020.
    \3\ See CJ Indonesia's Letter, ``Monosodium Glutamate (``MSG'') 
from Indonesia; 4th Administrative Review; CJ Rebuttal Brief,'' 
dated June 8, 2020.
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On June 30, 2020, Commerce extended the deadline 
for the final results by 60 days.\5\ On July 21, 2020, Commerce tolled 
all deadlines for preliminary and final results in administrative 
reviews by an additional 60 days, thereby extending the deadline for 
the final results to November 2, 2020.\6\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Monosodium Glutamate from the Republic of Indonesia: 
Extension of Deadline for the Final Results,'' dated June 30, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Review,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the antidumping duty order is monosodium 
glutamate (MSG), whether or not blended or in solution with other 
products. For a complete description of the scope of the order, see the 
Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Duty Order on Monosodium Glutamate from the Republic of 
Indonesia,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These issues are 
identified in the Appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed Issues and Decision Memorandum and its electronic version are 
identical in content.

[[Page 71611]]

Changes Since the Preliminary Results

    Based on its analysis of the comments that Commerce received, 
Commerce made changes to its normal value and margin calculations, but 
these did not change the weighted-average dumping margin determined for 
CJ Indonesia with respect to the Preliminary Results.\8\
---------------------------------------------------------------------------

    \8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results of Review

    As a result of this administrative review, Commerce is assigning 
the following weighted-average dumping margin for the period November 
1, 2017 through October 31, 2018:

------------------------------------------------------------------------
                                              Weighted-average dumping
             Producer/exporter                    margin (percent)
------------------------------------------------------------------------
PT. Cheil Jedang Indonesia................  0.00 (de minimis).
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in these 
final results to interested parties within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this administrative review. Commerce intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of this administrative review in the Federal 
Register.
    Where CJ Indonesia reported reliable entered values, Commerce 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\9\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer- (or customer-) specific assessment rates based on 
the resulting per-unit rates.\10\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation.\11\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\12\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.212(b)(1).
    \10\ Id.
    \11\ Id.
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise that entered the United States 
during the POR that were produced by CJ Indonesia for which CJ 
Indonesia did not know that its merchandise was destined to the United 
States, Commerce will instruct CBP to liquidate unreviewed entries at 
the all-others rate of 6.19 percent,\13\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\14\
---------------------------------------------------------------------------

    \13\ See Monosodium Glutamate from the Republic of Indonesia: 
Final Determination of Sales at Less Than Fair Value, 79 FR 58329 
(September 29, 2014) (MSG Investigation Final Determination).
    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of MSG from Indonesia entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for CJ Indonesia 
will be equal to the weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this administrative 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
a completed segment for the most recent period of review; (3) if the 
exporter is not a firm covered in this review or in the original 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
6.19 percent, the all-others rate established in the investigation.\15\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \15\ See MSG Investigation Final Determination.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification of Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether the Application of Adverse Facts Available Is 
Warranted Regarding Certain of CJ Indonesia's U.S. Sales
    Comment 2: Whether CJ Indonesia's General & Administrative 
Expenses Should Be Revised To Correct a Clerical Error
VI. Recommendation

[FR Doc. 2020-24914 Filed 11-9-20; 8:45 am]
BILLING CODE 3510-DS-P