Monosodium Glutamate From the Republic of Indonesia: Final Results of Antidumping Duty Administrative Review; 2020-2021, 21175-21176 [2023-07477]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21175-21176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07477]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-826]


Monosodium Glutamate From the Republic of Indonesia: Final 
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) determines that PT. 
Cheil Jedang Indonesia (CJ Indonesia) and PT. Miwon Indonesia (PT. 
Miwon) \1\ made sales of subject merchandise below normal value. The 
period of review (POR) is November 1, 2020, through October 31, 2021.
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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.

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DATES: Applicable April 10, 2023.

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

    On December 6, 2022, Commerce published the preliminary results of 
the administrative review of the antidumping duty order on monosodium 
glutamate (MSG) from the Republic of Indonesia (Indonesia).\2\ For a 
history of events that have occurred since the Preliminary Results, see 
the Issues and Decision Memorandum.\3\
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    \2\ See Monosodium Glutamate from the Republic of Indonesia: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 74599 (December 6, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: 
Monosodium Glutamate from the Republic of Indonesia; 2019-2020,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is MSG, whether or not blended 
or in solution with other products. For a complete description of the 
scope of the order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These issues are 
identified in the appendix to 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculation for PT. Miwon since the 
Preliminary Results. Specifically, we have revised our calculation of 
the general and administrative expense ratio for PT. Miwon to remove 
certain bank charges and revised the comparison market program 
accordingly.\4\ There have been no changes to the dumping margin 
determined for CJ. Indonesia, which is based on facts available with an 
adverse inference.\5\
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    \4\ See Memorandum, ``Final Analysis for PT. Miwon Indonesia,'' 
dated concurrently with this memorandum.
    \5\ See Preliminary Results PDM at 3-6.
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Final Results of Review

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

[[Page 21176]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                   dumping margin
                                                             (percent)
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PT. Cheil Jedang Indonesia..............................         * 58.67
PT. Daesang Ingredients Indonesia and PT. Miwon                    14.34
 Indonesia \6\..........................................
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* Rate based on adverse facts available.

Disclosure

    Commerce intends to disclose the calculations performed for PT. 
Miwon in these final results to interested parties within five days of 
the date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b). We will not release calculations for 
CJ Indonesia, because there have been no changes since the Preliminary 
Results.
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    \6\ 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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Assessment

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this administrative review. 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).
    Where the respondent reported reliable entered values, Commerce 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\7\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to a specific importer or customer 
by the total sales quantity associated with those transactions, 
Commerce will direct CBP to assess importer- (or customer-) specific 
assessment rates based on the resulting per-unit rates.\8\ Where an 
importer- (or customer-) specific ad valorem or per-unit rate is 
greater than de minimis (i.e., 0.50 percent), Commerce will instruct 
CBP to collect the appropriate duties at the time of liquidation.\9\ 
Where an importer- (or customer-) specific ad valorem or per-unit rate 
is zero or de minimis, Commerce will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\10\
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ Id.
    \9\ Id.
    \10\ See 19 CFR 351.106(c)(2).
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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 CJ Indonesia or PT. Miwon for 
which the respondent 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\
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    \11\ See Monosodium Glutamate from the Republic of Indonesia: 
Final Determination of Sales at Less Than Fair Value, 79 FR 58329 
(September 29, 2014) (MSG from Indonesia Investigation Final 
Determination).
    \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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review 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 in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) for the companies covered by this review, 
the cash deposit rate will be the rates listed above in the section 
``Final Results of Review''; (2) for merchandise exported by producers 
or exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published in a completed segment for the 
most recent POR; (3) if the exporter is not a firm covered in this 
review or in the original investigation, but the producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers 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 MSG from Indonesia Investigation Final Determination.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the 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

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: April 4, 2023.
Abdelali Elouaradia,
Deputy 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 Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: PT. Miwon's Interest Income Offset
    Comment 2: PT. Miwon's Revised General and Administrative (G&A) 
Ratio
VI. Recommendation

[FR Doc. 2023-07477 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P