[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71610-71611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24914]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole
mandatory respondent, PT. Cheil Jedang Indonesia (CJ Indonesia), did
not sell subject merchandise in the United States at prices below
normal value during the period of review (POR) November 1, 2017 through
October 31, 2018.
DATES: Applicable November 10, 2020.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On January 16, 2020, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ Commerce invited
interested parties to comment on the Preliminary Results. On June 1,
2020, Ajinomoto Health & Nutrition North America, Inc. (the petitioner)
and CJ Indonesia each timely submitted case briefs.\2\ CJ Indonesia
timely submitted a rebuttal brief on June 8, 2020.\3\ No other party
submitted a rebuttal brief, and no party requested a hearing in this
administrative review. Based on its analysis of the comments that
Commerce received, Commerce made no changes to the weighted-average
dumping margin determined for CJ Indonesia with respect to the
Preliminary Results.
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\1\ See Monosodium Glutamate from the Republic of Indonesia:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 85 FR 2717 (January 16, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``MSG from Indonesia: Petitioner's
Case Brief,'' dated June 1, 2020; see also CJ Indonesia's Letter,
``Monosodium Glutamate (``MSG'') from Indonesia; 4th Administrative
Review; CJ Case Brief,'' dated June 1, 2020.
\3\ See CJ Indonesia's Letter, ``Monosodium Glutamate (``MSG'')
from Indonesia; 4th Administrative Review; CJ Rebuttal Brief,''
dated June 8, 2020.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On June 30, 2020, Commerce extended the deadline
for the final results by 60 days.\5\ On July 21, 2020, Commerce tolled
all deadlines for preliminary and final results in administrative
reviews by an additional 60 days, thereby extending the deadline for
the final results to November 2, 2020.\6\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Monosodium Glutamate from the Republic of Indonesia:
Extension of Deadline for the Final Results,'' dated June 30, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Review,'' dated July 21, 2020.
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Scope of the Order
The merchandise covered by the antidumping duty order is monosodium
glutamate (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.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Monosodium Glutamate from the Republic of
Indonesia,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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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 http://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html. The
signed Issues and Decision Memorandum and its electronic version are
identical in content.
[[Page 71611]]
Changes Since the Preliminary Results
Based on its analysis of the comments that Commerce received,
Commerce made changes to its normal value and margin calculations, but
these did not change the weighted-average dumping margin determined for
CJ Indonesia with respect to the Preliminary Results.\8\
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\8\ See Issues and Decision Memorandum.
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Final Results of Review
As a result of this administrative review, Commerce is assigning
the following weighted-average dumping margin for the period November
1, 2017 through October 31, 2018:
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Weighted-average dumping
Producer/exporter margin (percent)
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PT. Cheil Jedang Indonesia................ 0.00 (de minimis).
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Disclosure
Commerce intends to disclose the calculations performed 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).
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 15 days after the date of publication of
the final results of this administrative review in the Federal
Register.
Where CJ Indonesia 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).\9\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party 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.\10\ 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.\11\ 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.\12\
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\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ Id.
\12\ 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 for which CJ
Indonesia 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,\13\ if there is no rate for the
intermediate company(ies) involved in the transaction.\14\
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\13\ See Monosodium Glutamate from the Republic of Indonesia:
Final Determination of Sales at Less Than Fair Value, 79 FR 58329
(September 29, 2014) (MSG Investigation Final Determination).
\14\ 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) The cash deposit rate for CJ Indonesia
will be equal to the weighted-average dumping margin established in the
final results of this administrative 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 period of review; (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.\15\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\15\ See MSG 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 the presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
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 of 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: November 2, 2020.
Jeffrey I. Kessler,
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: Whether the Application of Adverse Facts Available Is
Warranted Regarding Certain of CJ Indonesia's U.S. Sales
Comment 2: Whether CJ Indonesia's General & Administrative
Expenses Should Be Revised To Correct a Clerical Error
VI. Recommendation
[FR Doc. 2020-24914 Filed 11-9-20; 8:45 am]
BILLING CODE 3510-DS-P