Methionine From Japan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 38983-38985 [2021-15755]

Download as PDF Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices Manufacturer/producer/exporter Net countervailable subsidy rate (percent) Xingyu ....................................... Dragon Group ........................... All Others .................................. 7.53 47.56 27.55 PET Resin From India 5.12 153.80 5.12 Administrative Protective Order This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act. Dated: July 16, 2021. Christian Marsh, Acting 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 Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Review VIII. Recommendation [FR Doc. 2021–15662 Filed 7–22–21; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:49 Jul 22, 2021 International Trade Administration [A–588–879] PET Resin From China Dhunseri .................................... JBF Industries Limited .............. All Others .................................. DEPARTMENT OF COMMERCE Jkt 253001 Methionine From Japan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative 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 Japan 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. DATES: Applicable July 23, 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 On March 4, 2021, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of methionine from Japan, in which we also postponed the final determination until July 19, 2021.1 We 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 Japan. For a complete description of the scope of this investigation, see Appendix I. Analysis of Comments Received All the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are 1 See 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, 86 FR 12625 (March 4, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Methionine from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 38983 addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. 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 http://enforcement.trade.gov/ frn/index.html. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).3 Changes Since the Preliminary Determination Based on our analysis of the comments received, we have made certain changes to the margin calculations for Sumitomo Chemical Company, Ltd. (Sumitomo Chemical). For a discussion of these changes, see the Issues and Decision Memorandum. 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. Commerce calculated an individual estimated weighted-average dumping margin for Sumitomo Chemical. Therefore, the only rate which is not zero, de minimis, or determined entirely under section 776 of the Act is the rate calculated for Sumitomo Chemical. Consequently, the rate calculated for Sumitomo Chemical is also assigned as the rate for all other producers and exporters. 3 See Commerce’s Letter, ‘‘Request for Documentation,’’ dated March 17, 2021; see also Sumitomo Chemical’s Letter, ‘‘Methionine from Japan: Resubmission of March 25, 2021 Verification Questionnaire Response,’’ dated April 6, 2021. E:\FR\FM\23JYN1.SGM 23JYN1 38984 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices Final Negative Determination of Critical Circumstances Commerce preliminarily determined that critical circumstances exist for Sumitomo Chemicals and with respect to all other producers/exporters.4 Parties submitted comments regarding our preliminary critical circumstances determination and we have modified our critical circumstances finding for Sumitomo Chemicals and all other producers/exporters for this final determination. Thus, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, Commerce finds that critical circumstances do not exist for Sumitomo Chemicals or for all other producers/exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Final Determination The final estimated weighted-average dumping margins are as follows: khammond on DSKJM1Z7X2PROD with NOTICES Exporter/producer Estimated weightedaverage dumping margin (percent) respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a 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. These suspension of liquidation instructions will remain in effect until further notice. Further, because our final critical circumstances determination is negative, in accordance with section 735(c)(3) of the Act, we will instruct CBP to terminate the retroactive suspension of liquidation ordered at the Preliminary Determination for Sumitomo Chemicals and all other producers/exporters and to refund any cash deposits required with respect to entries of subject merchandise covered by the retroactive suspension of liquidation. International Trade Commission Notification In accordance with section 735(d) of Sumitomo Chemical Company, Ltd ........................................... 76.50 the Act, we will notify the International All Others .................................... 76.50 Trade Commission (ITC) of the final affirmative determination of sales at Disclosure LTFV. Because Commerce’s final We intend to disclose the calculations determination is affirmative, in accordance with section 735(b)(2) of the performed in this final determination Act, the ITC will make its final within five days of the date of determination as to whether the publication of this notice to parties in domestic industry in the United States this proceeding in accordance with 19 is materially injured, or threatened with CFR 351.224(b). material injury, by reason of imports or Continuation of Suspension of sales (or the likelihood of sales) for Liquidation importation of methionine no later than In accordance with section 45 days after this final determination. If 735(c)(1)(B) of the Act, Commerce will the ITC determines that such injury instruct U.S. Customs and Border does not exist, this proceeding will be Protection (CBP) to continue to suspend terminated, and all cash deposits posted the liquidation of all appropriate entries will be refunded and suspension of of subject merchandise, as described in liquidation will be lifted. If the ITC Appendix I of this notice, entered, or determines that such injury does exist, withdrawn from warehouse, for Commerce will issue an antidumping consumption on or after March 4, 2021, duty order directing CBP to assess, upon the date of publication in the Federal further instruction by Commerce, Register of the affirmative Preliminary antidumping duties on all imports of the Determination. subject merchandise entered, or Pursuant to section 735(c)(1)(B)(ii) of withdrawn from warehouse, for the Act and 19 CFR 351.210(d), where consumption on or after the effective appropriate, we will instruct CBP to date of the suspension of liquidation, as require a cash deposit for such entries discussed above in the ‘‘Continuation of of merchandise equal to the estimated Suspension of Liquidation’’ section. weighted-average dumping margin or Notification Regarding Administrative estimated all-others rate, as follows: (1) Protective Orders The cash deposit rate for the This notice will serve as a final 4 See Preliminary Decision Memorandum at 4–7. reminder to the parties subject to VerDate Sep<11>2014 16:49 Jul 22, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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 in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: July 19, 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. 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. E:\FR\FM\23JYN1.SGM 23JYN1 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Final Negative Determination of Critical Circumstances V. Discussion of the Issues Comment 1: Research and Development (R&D) Expenses Comment 2: Offset to the General & Administrative (G&A) Ratio Comment 3: ‘‘Other’’ Financial Expenses Comment 4: Shutdown Adjustment Comment 5: Startup Adjustment Comment 6: Packaging Materials/Product Characteristics Comment 7: Critical Circumstances VI. Recommendation [FR Doc. 2021–15755 Filed 7–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–822] Methionine From Spain: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative 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 Spain 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 the sole mandatory respondent Adisseo Espan˜a S.A. (Adisseo Espan˜a) and for all other producers and exporters. DATES: Applicable July 23, 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: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background On March 4, 2021, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of methionine from Spain, in which we also postponed the final determination until July 19, VerDate Sep<11>2014 16:49 Jul 22, 2021 Jkt 253001 2021.1 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 Spain. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received no scope comments from interested parties. 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. 38985 with section 782(i) of the Tariff Act of 1930, as amended (the Act).3 Changes Since Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we made certain changes to the margin calculations with respect to Adisseo Espan˜a, the sole mandatory respondent in this investigation. In light of these changes to the margin calculations and the resulting revised estimated weighted average dumping margin for Adisseo Espan˜a, we have also revised the allothers rate. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce Analysis of Comments Received preliminarily determined that critical circumstances did not exist for Adisseo All issues raised in the case and Espan˜a or for all others.4 Commerce did rebuttal briefs that were submitted by not receive any comments in response parties in this investigation are to its preliminary determination with addressed in the Issues and Decision respect to critical circumstances. Memorandum. A list of the issues However, for this final determination, addressed in the Issues and Decision Commerce determines that critical Memorandum is attached to this notice circumstances exist, within the meaning as Appendix II. The Issues and Decision of section 735(a)(3) of the Act and 19 Memorandum is a public document and CFR 351.206, for imports of methionine is on file electronically via Enforcement from Spain exported and/or produced and Compliance’s Antidumping and by Adisseo Espan˜a and imports of Countervailing Duty Centralized methionine from Spain produced and/or Electronic Service System (ACCESS). exported by all other companies. For a ACCESS is available to registered users full description of methodology and at https://access.trade.gov. In addition, a results of Commerce’s final affirmative complete version of the Issues and critical circumstances analyses, see Decision Memorandum can be accessed Issues and Decision Memorandum. directly at http://enforcement.trade.gov/ Product Characteristics frn. Commerce preliminary identified Verification three criteria for the physical characteristics of the subject Commerce was unable to conduct onmerchandise: (1) Type; (2) form; and (3) site verification of the information concentration level of methionine relied upon in making its final content.5 For this final determination, determination in this investigation. we made no changes to physical However, we took additional steps in characteristics in our analysis. However, lieu of an on-site verification to verify because Commerce made a change with the information relied upon in making respect to packaging characteristics in this final determination, in accordance 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, 86 FR 12614 (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 Spain,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 1 See Frm 00016 Fmt 4703 Sfmt 4703 3 See Commerce’s Letter, ‘‘Remote Verification Questionnaire for Adisseo Espan˜a,’’ dated March 29, 2021; see also Adisseo Espan˜a’s Letter, ‘‘Antidumping Investigation of Methionine from Spain: Response to the Department’s Remote Verification Questionnaire,’’ dated April 6, 2021. 4 For a full description of the methodology and results of Commerce’s critical circumstances analysis, see Preliminary Determination Memorandum at 4. 5 See Commerce’s Letter, ‘‘Product Characteristics for Use in Sections B and C Questionnaire Responses of Methionine from Spain,’’ dated September 25, 2020; see also Preliminary Determination PDM at 12. E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38983-38985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15755]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-879]


Methionine From Japan: Final Affirmative Determination of Sales 
at Less Than Fair Value and Final Negative 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 Japan 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.

DATES: Applicable July 23, 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

    On March 4, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
methionine from Japan, in which we also postponed the final 
determination until July 19, 2021.\1\ We 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 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, 86 FR 
12625 (March 4, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Methionine from Japan,'' 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 Japan. 
For a complete description of the scope of this investigation, see 
Appendix I.

Analysis of Comments Received

    All the 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 issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. 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 http://enforcement.trade.gov/frn/index.html.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
---------------------------------------------------------------------------

    \3\ See Commerce's Letter, ``Request for Documentation,'' dated 
March 17, 2021; see also Sumitomo Chemical's Letter, ``Methionine 
from Japan: Resubmission of March 25, 2021 Verification 
Questionnaire Response,'' dated April 6, 2021.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations for Sumitomo Chemical 
Company, Ltd. (Sumitomo Chemical). For a discussion of these changes, 
see the Issues and Decision Memorandum.

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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Sumitomo Chemical. Therefore, the only rate which is 
not zero, de minimis, or determined entirely under section 776 of the 
Act is the rate calculated for Sumitomo Chemical. Consequently, the 
rate calculated for Sumitomo Chemical is also assigned as the rate for 
all other producers and exporters.

[[Page 38984]]

Final Negative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances exist 
for Sumitomo Chemicals and with respect to all other producers/
exporters.\4\ Parties submitted comments regarding our preliminary 
critical circumstances determination and we have modified our critical 
circumstances finding for Sumitomo Chemicals and all other producers/
exporters for this final determination. Thus, in accordance with 
section 735(a)(3) of the Act and 19 CFR 351.206, Commerce finds that 
critical circumstances do not exist for Sumitomo Chemicals or for all 
other producers/exporters. For a full description of the methodology 
and results of Commerce's critical circumstances analysis, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum at 4-7.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sumitomo Chemical Company, Ltd..............................       76.50
All Others..................................................       76.50
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

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 the liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, 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.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, we will instruct CBP to require a cash 
deposit for such entries of merchandise equal to the estimated 
weighted-average dumping margin or estimated all-others rate, as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this final determination; (2) if the 
exporter is not a 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. These suspension of liquidation 
instructions will remain in effect until further notice.
    Further, because our final critical circumstances determination is 
negative, in accordance with section 735(c)(3) of the Act, we will 
instruct CBP to terminate the retroactive suspension of liquidation 
ordered at the Preliminary Determination for Sumitomo Chemicals and all 
other producers/exporters and to refund any cash deposits required with 
respect to entries of subject merchandise covered by the retroactive 
suspension of liquidation.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the 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 no later than 45 days after this 
final determination. If the ITC determines that such injury does not 
exist, this proceeding will be terminated, and 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 in 
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: July 19, 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.

[[Page 38985]]

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Final Negative Determination of Critical Circumstances
V. Discussion of the Issues
    Comment 1: Research and Development (R&D) Expenses
    Comment 2: Offset to the General & Administrative (G&A) Ratio
    Comment 3: ``Other'' Financial Expenses
    Comment 4: Shutdown Adjustment
    Comment 5: Startup Adjustment
    Comment 6: Packaging Materials/Product Characteristics
    Comment 7: Critical Circumstances
VI. Recommendation

[FR Doc. 2021-15755 Filed 7-22-21; 8:45 am]
BILLING CODE 3510-DS-P