Methionine From France: Final Determination of Sales at Less Than Fair Value and Final Partial Determination of Critical Circumstances, 26697-26699 [2021-10264]
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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
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26697
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Bill Burwell,
Deputy Executive Director, Select USA.
[FR Doc. 2021–10358 Filed 5–14–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–831]
Methionine From France: Final
Determination of Sales at Less Than
Fair Value and Final Partial
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
methionine from France are being, or
are likely to be, sold in the United States
at less than fair value (LTFV) for the
period of investigation July 1, 2019,
through June 30, 2020. Further,
Commerce determines that critical
circumstances exist for Adisseo France
SAS and Commentary.
DATES: Applicable May 17, 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:
AGENCY:
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26698
Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
Background
On March 4, 2021, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of methionine
from France.1 Commerce invited
interested parties to comment on the
Preliminary Determination. A summary
of the events that occurred since
Commerce published the Preliminary
Determination, may be found in the
Issues and Decision Memorandum.2
Scope of the Investigation
The product covered by this
investigation is methionine from France.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
Commerce did not receive scope
comments from interested parties
during the course of this investigation.
Therefore, Commerce is not modifying
the scope language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the sections of
the Issues and Decision Memorandum
are in Appendix II of 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 https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn.
Verification
Because Adisseo France SAS and
Commentry (collectively, Adisseo)
stated prior to the Preliminary
Determination that it would not
continue to respond to Commerce’s
request for information, we did not
1 See Preliminary Affirmative Determination of
Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical
Circumstances, 86 FR 12627 (March 4, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Methionine from
France,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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18:56 May 14, 2021
Jkt 253001
conduct a verification of Adisseo’s
information.
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce found that Adisseo failed to
comply with Commerce’s request for
information, which significantly
impeded the investigation. Further,
Commerce found that Adisseo failed to
cooperate to the best of its ability in this
investigation. Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Tariff Act
of 1930, as amended (the Act),
Commerce assigned Adisseo an
estimated weighted-average dumping
margin based on adverse facts available
(AFA). We have continued to find that
the application of AFA, pursuant to
sections 776(a) and (b) of the Act is
warranted in determining Adisseo’s
estimated weighted-average dumping
margin.
In the Preliminary Determination, as
AFA, we assigned Adisseo, as an
estimated weighted-average dumping
margin, a rate equal to the highest
individual dumping margin based on an
average-to-average comparison and
based on the record information
submitted by Adisseo. Because this rate
is not secondary information, but rather
is based on information obtained in the
course of the investigation, Commerce
need not corroborate this rate pursuant
to section 776(c) of the Act.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates 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 has determined the
estimated weighted-average dumping
margin for the sole respondent, Adisseo,
entirely under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, Commerce’s
normal practice under these
circumstances has been to calculate the
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all-others rate as a simple average of the
alleged dumping margins from the
petition.3 However, there is only one
dumping margin alleged in the petition
(i.e., 16.17 percent) for this
investigation. Therefore, we used that
rate as the estimated weighted-average
dumping margin for all other producers
and exporters, (i.e., all-others rate).
Final Partial Affirmative Determination
of Critical Circumstances
Consistent with the Preliminary
Determination 4 and in accordance with
section 773(e) of the Act and 19 CFR
351.206, Commerce continues to
determine that critical circumstances
exist with respect to imports of
methionine produced and exported by
Adisseo. Furthermore, Commerce
continues to find that critical
circumstances do not exist with respect
to imports of methionine produced and
exported by all other producers and
exporters from France.5
Final Determination
Pursuant to section 735 of the Act, the
final estimated weighted-average
dumping margins are as follows:
Exporter or producer
Adisseo France SAS and
Commentry ..............................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
43.82
16.17
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
determination, in accordance with 19
CFR 351.224(b). However, because
3 See, e.g., Notice of Preliminary Determinations
of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR
21909, 21912 (April 23, 2008), unchanged in Notice
of Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2; see also Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008); Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014); and Polyethylene Terephthalate Resin from
Pakistan: Final Determination of Sales at Less Than
Fair Value, 83 FR 48281, 48282 (September 24,
2018).
4 See Preliminary Determination at 12628.
5 Id.
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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
Commerce made no changes to the
margin calculations in the Preliminary
Determination, there are no new
calculations to disclose.6
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
methionine from France, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after March 4,
2021 the date of publication in the
Federal Register of the affirmative
Preliminary Determination.
Section 735(c)(4) of the Act provides
that if there is 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
finds that critical circumstances exist
for imports of subject merchandise
produced and exported by Adisseo.
Therefore, in accordance with section
735(c)(4) of the Act, suspension of
liquidation shall continue to apply to
unliquidated entries of subject
merchandise produced and exported by
Adisseo that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the date of publication
of the Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the following: (1) The cash deposit rate
for Adisseo will be equal to the
respondent-specific estimated weightedaverage dumping margin listed for
Adisseo in the table; (2) if the exporter
is not identified in the table above but
Adisseo is the producer, then the cash
deposit rate will be equal to the
respondent-specific estimated weightedaverage dumping margin established for
Adisseo; and (3) the cash deposit rate
for all other producers and exporters
will be equal to the all-others estimated
weighted-average dumping margin
listed in the table above.
These suspension of liquidation
instructions will remain in effect until
further notice.
Dated: May 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
International Trade Commission
Notification
Scope of the Investigation
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of this final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of methionine from France
no later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, all cash
deposits posted will be refunded, and
suspension of liquidation will be lifted.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a final
reminder to the parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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 to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
6 See Commerce’s Memorandum, ‘‘Final
Determination in the Antidumping Duty
Investigation of Methionine from France: AFA Rate
for Adisseo France SAS,’’ dated concurrently with
this notice.
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18:56 May 14, 2021
Jkt 253001
26699
PO 00000
Appendix I
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.
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 Sections in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Final Partial Affirmative Determination of
Critical Circumstances
IV. Discussion of the Issue: Whether To
Retain Adisseo’s BPI on the Record
V. Recommendation
[FR Doc. 2021–10264 Filed 5–14–21; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Pages 26697-26699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10264]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-831]
Methionine From France: Final Determination of Sales at Less Than
Fair Value and Final Partial Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of methionine from France are being, or are likely to be, sold in the
United States at less than fair value (LTFV) for the period of
investigation July 1, 2019, through June 30, 2020. Further, Commerce
determines that critical circumstances exist for Adisseo France SAS and
Commentary.
DATES: Applicable May 17, 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:
[[Page 26698]]
Background
On March 4, 2021, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
methionine from France.\1\ Commerce invited interested parties to
comment on the Preliminary Determination. A summary of the events that
occurred since Commerce published the Preliminary Determination, may be
found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Preliminary Affirmative Determination of Sales at Less
Than Fair Value and Partial Affirmative Determination of Critical
Circumstances, 86 FR 12627 (March 4, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Methionine from France,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is methionine from
France. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
Commerce did not receive scope comments from interested parties
during the course of this investigation. Therefore, Commerce is not
modifying the scope language as it appeared in the Preliminary
Determination. See Appendix I for the final scope of the investigation.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the sections of the Issues and
Decision Memorandum are in Appendix II of 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 https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn.
Verification
Because Adisseo France SAS and Commentry (collectively, Adisseo)
stated prior to the Preliminary Determination that it would not
continue to respond to Commerce's request for information, we did not
conduct a verification of Adisseo's information.
Use of Adverse Facts Available
In the Preliminary Determination, Commerce found that Adisseo
failed to comply with Commerce's request for information, which
significantly impeded the investigation. Further, Commerce found that
Adisseo failed to cooperate to the best of its ability in this
investigation. Therefore, in the Preliminary Determination, pursuant to
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), Commerce assigned Adisseo an estimated weighted-average dumping
margin based on adverse facts available (AFA). We have continued to
find that the application of AFA, pursuant to sections 776(a) and (b)
of the Act is warranted in determining Adisseo's estimated weighted-
average dumping margin.
In the Preliminary Determination, as AFA, we assigned Adisseo, as
an estimated weighted-average dumping margin, a rate equal to the
highest individual dumping margin based on an average-to-average
comparison and based on the record information submitted by Adisseo.
Because this rate is not secondary information, but rather is based on
information obtained in the course of the investigation, Commerce need
not corroborate this rate pursuant to section 776(c) of the Act.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates 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 has determined the estimated weighted-average dumping
margin for the sole respondent, Adisseo, entirely under section 776 of
the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act,
Commerce's normal practice under these circumstances has been to
calculate the all-others rate as a simple average of the alleged
dumping margins from the petition.\3\ However, there is only one
dumping margin alleged in the petition (i.e., 16.17 percent) for this
investigation. Therefore, we used that rate as the estimated weighted-
average dumping margin for all other producers and exporters, (i.e.,
all-others rate).
---------------------------------------------------------------------------
\3\ See, e.g., Notice of Preliminary Determinations of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014); and Polyethylene Terephthalate Resin
from Pakistan: Final Determination of Sales at Less Than Fair Value,
83 FR 48281, 48282 (September 24, 2018).
---------------------------------------------------------------------------
Final Partial Affirmative Determination of Critical Circumstances
Consistent with the Preliminary Determination \4\ and in accordance
with section 773(e) of the Act and 19 CFR 351.206, Commerce continues
to determine that critical circumstances exist with respect to imports
of methionine produced and exported by Adisseo. Furthermore, Commerce
continues to find that critical circumstances do not exist with respect
to imports of methionine produced and exported by all other producers
and exporters from France.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Determination at 12628.
\5\ Id.
---------------------------------------------------------------------------
Final Determination
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Adisseo France SAS and Commentry............................ 43.82
All Others.................................................. 16.17
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination, in accordance with
19 CFR 351.224(b). However, because
[[Page 26699]]
Commerce made no changes to the margin calculations in the Preliminary
Determination, there are no new calculations to disclose.\6\
---------------------------------------------------------------------------
\6\ See Commerce's Memorandum, ``Final Determination in the
Antidumping Duty Investigation of Methionine from France: AFA Rate
for Adisseo France SAS,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of methionine from
France, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after March 4, 2021
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
Section 735(c)(4) of the Act provides that if there is 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 finds that critical circumstances exist for imports of
subject merchandise produced and exported by Adisseo. Therefore, in
accordance with section 735(c)(4) of the Act, suspension of liquidation
shall continue to apply to unliquidated entries of subject merchandise
produced and exported by Adisseo that were entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the date of publication of the Preliminary Determination in the Federal
Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the following: (1) The cash deposit
rate for Adisseo will be equal to the respondent-specific estimated
weighted-average dumping margin listed for Adisseo in the table; (2) if
the exporter is not identified in the table above but Adisseo is the
producer, then the cash deposit rate will be equal to the respondent-
specific estimated weighted-average dumping margin established for
Adisseo; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin listed in the table above.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of methionine from France no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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 to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: May 10, 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 Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Partial Affirmative Determination of Critical
Circumstances
IV. Discussion of the Issue: Whether To Retain Adisseo's BPI on the
Record
V. Recommendation
[FR Doc. 2021-10264 Filed 5-14-21; 8:45 am]
BILLING CODE 3510-DS-P
