Methionine From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 12614-12616 [2021-04416]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12614-12616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04416]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-822]


Methionine From Spain: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Preliminary Negative Determination of 
Critical Circumstances, Postponement of Final Determination, and 
Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that methionine from Spain is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). Commerce also 
preliminarily determines that critical circumstances do not exist with 
respect to certain imports of subject merchandise. The period of 
investigation is July 1, 2019, through June 30, 2020. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable March 4, 2021.

FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4987.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
initiated this LTFV investigation on August 18, 2020.\1\ On December 
14, 2020, Commerce postponed the preliminary determination of this 
investigation, and the revised deadline is now February 24, 2021.\2\
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    \1\ See Methionine from France, Japan, and Spain: Initiation of 
Less-Than-Fair-Value Investigations, 85 FR 52324 (August 25, 2020) 
(Initiation Notice).
    \2\ See Methionine from France, Japan, and Spain: Postponement 
of Preliminary Determinations in the Less-Than-Fair-Value 
Investigations, 85 FR 80774 (December 14, 2020).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Methionine from Spain,'' dated concurrently with, and hereby adopted 
by this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is methionine from Spain. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested 
parties commented on the scope of this investigation as it appeared in 
the Initiation Notice.\6\ Commerce is not preliminarily modifying the 
scope language as it appeared in the Initiation Notice. See the scope 
in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 85 FR at 52325.
    \6\ Sumitomo Chemical Company, Ltd. and Sumitomo Chemical 
America, Inc (Sumitomo)'s September 8, 2020 scope comments pertain 
to the product characteristics, and not to the scope of the 
investigation. See Sumitomo's Letter, ``Methionine from Japan; 
Product Characteristic Comments,'' dated September 8, 2020 and filed 
on the administrative record of the instant investigation.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated constructed export 
prices in accordance with section 772(b) of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    On January 26, 2021, the petitioner \7\ timely filed a critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of the subject merchandise from Spain.
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    \7\ The petitioner is Novus International, Inc. (the 
petitioner).
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    Section 733(e)(1) of the Act provides that Commerce will 
preliminarily determine that critical circumstances exist in an LTFV 
investigation if there is a reasonable basis to believe or suspect 
that: (A) There is a history of dumping and material injury by reason 
of dumped imports in the United States or elsewhere of the subject 
merchandise, or the person by whom, or for whose account, the 
merchandise was imported knew or should have known that the exporter 
was selling the subject merchandise at less than its fair value and 
that there was likely to be material injury by reason of such sales; 
and (B) there have been massive imports of the

[[Page 12615]]

subject merchandise over a relatively short period.
    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances do not exist 
for Adisseo Espa[ntilde]a, or for all other producers and exporters in 
Spain. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination Commerce shall determine an estimated 
weighted-average dumping margin for all other producers and exporters 
not individually examined. Pursuant to section 735(c)(5)(A) of the Act, 
this rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters or 
producers individually investigated, excluding estimated weighted-
average dumping margins that are zero, de minimis, or determined 
entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) 
of the Act, if the estimated weighted-average dumping margins 
established for all exporters and producers individually examined are 
zero, de minimis or determined based entirely on facts otherwise 
available, Commerce may use any reasonable method to establish the 
estimated weighted-average dumping margin for all other producers or 
exporters.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Adisseo Espa[ntilde]a, the only individually 
examined company in this investigation. Because the only individually 
calculated estimated weighted-average dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Adisseo Espa[ntilde]a is 
the estimated weighted-average dumping margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act. 
For a full description of the methodology underlying Commerce's 
analysis, see the Preliminary Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Adisseo Espa[ntilde]a S.A...................................       31.98
All Others..................................................       31.98
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin as follows: (1) The 
cash deposit rate for Adisseo Espa[ntilde]a will be equal to the 
company-specific estimated weighted-average dumping margin determined 
in this preliminary determination; (2) if the exporter is not the 
respondent identified above, but the producer is, then the cash deposit 
rate will be equal to the company-specific estimated weighted-average 
dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
The date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. As noted above, Commerce 
preliminarily finds that critical circumstances do not exist for 
imports of subject merchandise produced and exported by Adisseo 
Espa[ntilde]a and all other exporters and producers from Spain. In 
accordance with section 733(e)(2)(A) of the Act, the suspension of 
liquidation preliminarily shall not apply to unliquidated entries of 
shipments of subject merchandise from Adisseo Espa[ntilde]a and all 
other exporters and producers from Spain that were entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Commerce is currently unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be announced at a 
later date. Rebuttal briefs, limited to issues raised in these case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\8\ Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\9\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
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    \8\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing 
requirements).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the

[[Page 12616]]

number of participants, whether any participant is a foreign national, 
and a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On February 5, 2021, pursuant to 19 CFR 351.210(e), Adisseo 
Espa[ntilde]a requested that Commerce postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter, Adisseo Espa[ntilde]a, 
accounts for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial exist, Commerce 
is postponing the final determination and extending the provisional 
measures from a four-month period to a period not greater than six 
months. Accordingly, Commerce will make its final determination no 
later than 135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.
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    \10\ See Adisseo Espa[ntilde]a's Letter, ``Methionine from 
Spain: Request for Postponement of Final Determination and 
Provisional Measures Period,'' dated February 5, 2021.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, then the ITC 
will determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether imports of methionine from Spain are materially injuring, or 
threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: February 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation 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 
this investigation 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 this 
investigation. Only the subject component of such commingled 
products is covered by the scope of this investigation.
    Excluded from this investigation 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 
2930.40.00.00 and 2930.90.46.00 of the Harmonized Tariff Schedule of 
the United States (HTSUS). Methionine has the 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 number are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Critical Circumstances
VI. Scope Comments
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-04416 Filed 3-3-21; 8:45 am]
BILLING CODE 3510-DS-P