Monosodium Glutamate From the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 74599-74600 [2022-26491]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74599-74600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26491]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]


Monosodium Glutamate From the Republic of Indonesia: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of monosodium glutamate (MSG) from the Republic 
of Indonesia (Indonesia) have been made below normal value during the 
period of review (POR), November 1, 2020, through October 31, 2021. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable December 6, 2022.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on MSG from Indonesia covering two respondents: PT. Cheil 
Jedang Indonesia (CJ Indonesia) and PT. Miwon Indonesia (PT. Miwon).\1\ 
For a complete description of the events that followed the initiation 
of this review, see the Preliminary Decision Memorandum.\2\ On July 11, 
2022, we extended the deadline for these preliminary results until no 
later than November 30, 2022.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 73734 (December 28, 2021). On August 
26, 2022, Commerce published the final results of a changed 
circumstances review of MSG from Indonesia. Commerce found that PT. 
Daesang Ingredients Indonesia (PT. Daesang) is the successor-in-
interest to PT. Miwon. See Monosodium Glutamate from the Republic of 
Indonesia: Final Results of Changed Circumstances Review, 87 FR 
52506 (August 26, 2022) (MSG from Indonesia CCR). Because the 
effective date of this decision was after the POR, we continue to 
reference the respondent here as PT. Miwon.
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Monosodium 
Glutamate from the Republic of Indonesia; 2020-20201'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
    \3\ See Memorandum, ``Monosodium Glutamate from Indonesia: 
Extension of Deadline for Preliminary Results of Review,'' dated 
July 16, 2021.
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Scope of the Order \4\
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    \4\ See Monosodium Glutamate from the People's Republic of 
China, and the Republic of Indonesia: Antidumping Duty Orders; and 
Monosodium Glutamate from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, 79 FR 70505 
(November 26, 2014) (Order).
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    The merchandise covered by this Order is MSG, whether or not 
blended or in solution with other products. Specifically, MSG that has 
been blended or is in solution with other product(s) is included in the 
Order when the resulting mix contains 15 percent or more of MSG by dry 
weight. Products with which MSG may be blended include, but are not 
limited to, salts, sugars, starches, maltodextrins, and various 
seasonings. Further, MSG is included in the Order regardless of 
physical form (including, but not limited to, in monohydrate or 
anhydrous form, or as substrates, solutions, dry powders of any 
particle size, or unfinished forms such as MSG slurry), end-use 
application, or packaging. For a full description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. Further, because CJ Indonesia failed to cooperate to 
the best of its ability in responding to our requests for information, 
we relied on facts available, with adverse inferences, in determining 
this company's dumping margin, consistent with section 776 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included as an 
appendix to this notice. The Preliminary Decision Memorandum 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://access.trade.gov/public/FRNoticesListLayout.aspx.\5\
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    \5\ As noted above, on August 26, 2022, Commerce published the 
final results of a changed circumstances review of MSG from 
Indonesia. Commerce found that PT. Daesang is the successor-in-
interest to PT. Miwon. See MSG from Indonesia CCR. Cash deposits of 
estimated antidumping duties required pursuant to the final results 
of this review will be applied to PT. Daesang. Liquidation 
instructions for the POR will be issued for PT. Miwon.
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Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margins for the period November 1, 2020, 
through October 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
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PT. Cheil Jedang Indonesia..................................     * 58.67
PT. Daesang Ingredients Indonesia and PT. Miwon Indonesia          14.61
 \5\........................................................
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* Rate based on adverse facts available.

Disclosure and Public Comment

    Commerce intends to disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b). Interested parties 
are invited to comment on the preliminary results of this review. 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed later than seven days after the date for filing 
case briefs.\6\ Parties who submit case briefs or rebuttal briefs in 
this review are requested to submit with each brief: (1) a statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\7\ Case and rebuttal briefs should be filed using ACCESS 
and must be served on

[[Page 74600]]

interested parties.\8\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\9\
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    \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect)'').).
    \7\ See 19 CFR 351.309(c)(2), (d)(2).
    \8\ See 19 CFR 351.303 (for general filing requirements).
    \9\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing schedule. Interested parties who wish to request 
a hearing, or to participate if one is requested, must submit a written 
request to the Assistant Secretary for Enforcement and Compliance, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. Issues raised in the 
hearing will be limited to those raised in the respective case briefs.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\10\ If the weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), then Commerce will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping 
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis in the final results, 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \10\ See 19 CFR 351.212(b).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise that entered the United States 
during the POR that were produced by PT. Miwon for which PT. Miwon did 
not know that its merchandise was destined to the United States, 
Commerce will instruct CBP to liquidate unreviewed entries at the all-
others rate of 6.19 percent,\11\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\12\ The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of subject merchandise covered by the 
final results of this review, where applicable.
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    \11\ See Order.
    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of MSG from Indonesia entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 6.19 percent, the 
all-others rate established in the investigation.\13\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ See Order.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

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

Notification to Interested Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.221(b)(4).

    Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision

Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of The Methodology
VI. Normal Value
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-26491 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P