Methionine From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances and Postponement of Final Determination and Extension of Provisional Measures, 12625-12627 [2021-04417]
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
description of the merchandise subject to this
order is dispositive.
[FR Doc. 2021–04476 Filed 3–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–879]
Methionine From Japan: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances and Postponement of
Final Determination and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that methionine from Japan is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). 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:
Robert Scully, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0572.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
jbell on DSKJLSW7X2PROD with NOTICES
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 25, 2020.1 On December 14,
2020, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now February 24, 2021.2 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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Methionine from Japan,’’
dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
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Jkt 253001
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.
Scope of the Investigation
The products covered by this
investigation are methionine from
Japan. 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 the
investigation as it appeared in the
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers 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 and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Sumitomo Chemical.
Therefore, for purposes of determining
the all-others rate, and pursuant to
section 735(c)(5)(A) of the Act, we are
using the dumping margin calculated
for Sumitomo Chemical, which is not
zero, de minimis, or determined entirely
under section 776 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 weightedaverage dumping margins exist:
Exporter/producer
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(a) 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 Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for Sumitomo
Chemical Company, Ltd. (Sumitomo
Chemical), and for all other producers
and exporters in Japan. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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12625
Sumitomo Chemical Company,
Ltd ...........................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
135.10
135.10
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), where appropriate,
Commerce will instruct CBP to require
a cash deposit equal to the estimated
weighted-average dumping margin or
the estimated all-others rate, as follows:
(1) The cash deposit rate for the
respondent listed above will be equal to
the company-specific estimated
weighted-average dumping margins
determined in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
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04MRN1
12626
Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
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 allothers 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 exist for imports of
subject merchandise produced and
exported by Sumitomo Chemical and all
other exporters and producers from
Japan. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
unliquidated entries of shipments of
subject merchandise from Sumitomo
Chemical and all other exporters and
producers from Japan 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).
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
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20:27 Mar 03, 2021
Jkt 253001
through alternative means in lieu of an
on-site verification.
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.6
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.7
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.
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
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
6 See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements).
7 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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Sfmt 4703
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 9, 2021, pursuant to 19
CFR 351.210(e), Sumitomo Chemical
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.8 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
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.
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 Japan 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 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.
8 See Sumitomo Chemical’s Letter, ‘‘Methionine
from Japan Request to Extend the Deadline for the
Final Determination,’’ dated February 9, 2021.
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04MRN1
Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
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 dlmethionine.
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. Scope Comments
VI. Preliminary Critical Circumstances
Determination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–04417 Filed 3–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–427–831]
Methionine From France: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value and Partial
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that methionine from France is being, or
is likely to be, sold in the United States
at less than fair value (LTFV).
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20:27 Mar 03, 2021
Jkt 253001
DATES:
Applicable March 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin, 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) 482–2638.
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 in this investigation and
the revised deadline is now February
24, 2021.2 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 electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
International Trade Administration
AGENCY:
Commerce also preliminarily
determines that critical circumstances
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.
The products covered by this
investigation is methionine from France.
For a complete description of the scope
of this investigation, see Appendix I.
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Methionine from
France,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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12627
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.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available, with adverse
inferences, for Adisseo France SAS and
Commentry (collectively, Adisseo
France), the two companies selected for
individual examination in this
investigation.7 For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
On February 1, 2021, the petitioner 8
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 France.
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
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 Sumitomo’s September 8, 2020 scope comments
pertain to the product characteristics, and not the
scope of the investigation.
7 For the purposes of this investigation, we have
considered Adisseo France’s responses to
Commerce’s requests for information on behalf of
both Commentry and Adisseo France SAS. For a
full discussion on respondent selection in this
investigation, see the Preliminary Determination
Memorandum at 2.
8 The petitioner is Novus International, Inc.
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]]>Agencies
[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12625-12627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04417]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-879]
Methionine From Japan: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Preliminary Affirmative Determination of
Critical Circumstances and 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 Japan is being, or is likely to be, sold in the
United States at less than fair value (LTFV). 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: Robert Scully, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0572.
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
published the notice of initiation of this investigation on August 25,
2020.\1\ On December 14, 2020, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
February 24, 2021.\2\ 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.
---------------------------------------------------------------------------
\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).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Methionine from Japan,'' dated concurrently with, and hereby adopted
by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are methionine from
Japan. 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 the investigation as it appeared in
the Initiation Notice. Commerce is not preliminarily modifying the
scope language as it appeared in the Initiation Notice. See the scope
in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
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(a) 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 Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for
Sumitomo Chemical Company, Ltd. (Sumitomo Chemical), and for all other
producers and exporters in Japan. 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 all-
others rate for all exporters and producers 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 and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely under section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Sumitomo Chemical. Therefore, for purposes of
determining the all-others rate, and pursuant to section 735(c)(5)(A)
of the Act, we are using the dumping margin calculated for Sumitomo
Chemical, which is not zero, de minimis, or determined entirely under
section 776 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
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sumitomo Chemical Company, Ltd.............................. 135.10
All Others.................................................. 135.10
------------------------------------------------------------------------
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), where
appropriate, Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondent
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
[[Page 12626]]
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 exist for imports of
subject merchandise produced and exported by Sumitomo Chemical and all
other exporters and producers from Japan. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries of shipments of subject merchandise from Sumitomo
Chemical and all other exporters and producers from Japan 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.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
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.\6\ Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\7\ 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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\6\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing
requirements).
\7\ 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 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 9, 2021, pursuant to 19 CFR 351.210(e), Sumitomo
Chemical requested that Commerce postpone the final determination and
that provisional measures be extended to a period not to exceed six
months.\8\ 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 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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\8\ See Sumitomo Chemical's Letter, ``Methionine from Japan
Request to Extend the Deadline for the Final Determination,'' dated
February 9, 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 Japan 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.
[[Page 12627]]
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. Scope Comments
VI. Preliminary Critical Circumstances Determination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-04417 Filed 3-3-21; 8:45 am]
BILLING CODE 3510-DS-P
