82 FR 57221 - Monosodium Glutamate From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 231 (December 4, 2017)
International Trade Administration
Federal Register Volume 82, Issue 231 (December 4, 2017)
| Page Range | 57221-57223 | |
| FR Document | 2017-26063 |
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)] [Notices] [Pages 57221-57223] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26063] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-560-826] Monosodium Glutamate From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on monosodium glutamate (MSG) from Indonesia. The period of review (POR) is November 1, 2015 through October 31, 2016. The review covers a single mandatory respondent, PT Cheil Jedang Indonesia (CJI). The Department preliminarily determines that the respondent has not made sales of subject merchandise below normal value (NV). We invite interested parties to comment on these preliminary results. DATES: Applicable December 4, 2017. FOR FURTHER INFORMATION CONTACT: Caitlin Monks or Joseph Traw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade [[Page 57222]] Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2670 or (202) 482-6079, respectively. SUPPLEMENTARY INFORMATION: Background On January 13, 2017, the Department initiated this administrative review on MSG from Indonesia covering one company, CJI. The events that have occurred between initiation and these preliminary results are discussed in the Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ See Memorandum to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Monosodium Glutamate from Indonesia, 2015- 2016,'' dated November 27, 2017 (Preliminary Decision Memorandum), which is hereby adopted by this Federal Register notice. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is monosodium glutamate (MSG), whether or not blended or in solution with other products. The product is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2922.42.10.00. Merchandise covered by this order may also enter under HTSUS subheadings 2922.42.50.00, 2103.90.72.00, 2103.90.74.00, 2103.90.78.00, 2103.90.80.00, and 2103.90.90.91. These tariff classifications are provided for convenience and customs purposes; however, the written product description, available in the Preliminary Decision Memorandum, remains dispositive.\2\ --------------------------------------------------------------------------- \2\ For a complete description of the Scope of the Order, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary 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 and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of Review As a result of this review, we calculated a zero percent dumping margin for CJI for the period November 1, 2015, through December 31, 2016. Disclosure and Public Comment The Department intends to disclose to the parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.\3\ Pursuant to 19 CFR 351.309(c)(ii), the Department will issue a case brief schedule at a later date in the proceeding, notifying interested parties of the deadlines for submitting case and rebuttal briefs. When the case brief schedule is issued, parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\4\ Case and rebuttal briefs should be filed using ACCESS.\5\ In order to be properly filed, ACCESS must successfully receive an electronically-filed document in its entirety by 5 p.m. Eastern Time on the established deadline. --------------------------------------------------------------------------- \3\ See 19 CFR 351.224(b). \4\ See 19 CFR 351.309(c)(2) and (d)(2). \5\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), 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.\6\ Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \6\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Unless extended, the Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates Upon issuance of the final results, the Department will determine, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b)(1). If CJI's weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importer-specific assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where the respondent's weighted- average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. For entries of subject merchandise during the POR produced by the respondent for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise 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 company under review will be the rate established in the final results of this review, except, if the rate is zero or de minimis (i.e., less than 0.5 percent), no cash deposit will be required; (2) for previously reviewed or investigated [[Page 57223]] 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 is 6.19 percent, the all-others rate established in the investigation.\7\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Monosodium Glutamate from the Republic of Indonesia: Final Determination of Sales at Less Than Fair Value 79 FR 58329 (September 29, 2014). --------------------------------------------------------------------------- Notification to Interested Parties This notice serves as a preliminary 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 review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 27, 2017. Carole Showers, Executive Director, Office of Policy performing the duties of the Deputy 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. Comparisons to Normal Value V. Product Comparisons VI. Date of Sale VII. Constructed Export Price VIII. Normal Value IX. Currency Conversion X. Recommendation [FR Doc. 2017-26063 Filed 12-1-17; 8:45 am] BILLING CODE 3510-DS-P
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In accordance with 19 CFR as an exporter conditionally subject to review of entries covered by an order,
351.213(b), an interested party as an antidumping duty administrative finding, or suspended investigation
defined by section 771(9) of the Act may reviews.3 Accordingly, the NME entity listed in this notice and for the period
request in writing that the Secretary will not be under review unless the identified above, the Department will
conduct an administrative review. For Department specifically receives a instruct CBP to assess antidumping or
both antidumping and countervailing request for, or self-initiates, a review of countervailing duties on those entries at
duty reviews, the interested party must the NME entity.4 In administrative a rate equal to the cash deposit of (or
specify the individual producers or reviews of antidumping duty orders on bond for) estimated antidumping or
exporters covered by an antidumping merchandise from NME countries where countervailing duties required on those
finding or an antidumping or a review of the NME entity has not been entries at the time of entry, or
countervailing duty order or suspension initiated, but where an individual withdrawal from warehouse, for
agreement for which it is requesting a exporter for which a review was consumption and to continue to collect
review. In addition, a domestic initiated does not qualify for a separate the cash deposit previously ordered.
interested party or an interested party rate, the Department will issue a final For the first administrative review of
described in section 771(9)(B) of the Act decision indicating that the company in any order, there will be no assessment
must state why it desires the Secretary question is part of the NME entity. of antidumping or countervailing duties
to review those particular producers or However, in that situation, because no on entries of subject merchandise
exporters. If the interested party intends review of the NME entity was entered, or withdrawn from warehouse,
for the Secretary to review sales of conducted, the NME entity’s entries for consumption during the relevant
merchandise by an exporter (or a were not subject to the review and the provisional-measures ‘‘gap’’ period of
producer if that producer also exports rate for the NME entity is not subject to the order, if such a gap period is
merchandise from other suppliers) change as a result of that review applicable to the period of review.
which was produced in more than one (although the rate for the individual This notice is not required by statute
country of origin and each country of exporter may change as a function of the but is published as a service to the
origin is subject to a separate order, then finding that the exporter is part of the international trading community.
the interested party must state NME entity). Dated: November 28, 2017.
specifically, on an order-by-order basis, Following initiation of an James Maeder,
which exporter(s) the request is antidumping administrative review Senior Director, performing the duties of
intended to cover. when there is no review requested of the Deputy Assistant Secretary, for Antidumping
Note that, for any party the NME entity, the Department will and Countervailing Duty Operations.
Department was unable to locate in instruct CBP to liquidate entries for all [FR Doc. 2017–26070 Filed 12–1–17; 8:45 am]
prior segments, the Department will not exporters not named in the initiation BILLING CODE 3510–DS–P
accept a request for an administrative notice, including those that were
review of that party absent new suspended at the NME entity rate.
information as to the party’s location. All requests must be filed DEPARTMENT OF COMMERCE
Moreover, if the interested party who electronically in Enforcement and
files a request for review is unable to Compliance’s Antidumping and International Trade Administration
locate the producer or exporter for Countervailing Duty Centralized
which it requested the review, the [A–560–826]
Electronic Service System (ACCESS) on
interested party must provide an Enforcement and Compliance’s ACCESS Monosodium Glutamate From
explanation of the attempts it made to Web site at http://access.trade.gov.5 Indonesia: Preliminary Results of
locate the producer or exporter at the Further, in accordance with 19 CFR Antidumping Duty Administrative
same time it files its request for review, 351.303(f)(l)(i), a copy of each request Review; 2015–2016
in order for the Secretary to determine must be served on the petitioner and
if the interested party’s attempts were each exporter or producer specified in AGENCY: Enforcement and Compliance,
reasonable, pursuant to 19 CFR the request. International Trade Administration,
351.303(f)(3)(ii). The Department will publish in the U.S. Department of Commerce.
As explained in Antidumping and Federal Register a notice of ‘‘Initiation SUMMARY: The Department of Commerce
Countervailing Duty Proceedings: of Administrative Review of (the Department) is conducting an
Assessment of Antidumping Duties, 68 Antidumping or Countervailing Duty administrative review of the
FR 23954 (May 6, 2003), and Non- Order, Finding, or Suspended antidumping duty order on
Market Economy Antidumping Investigation’’ for requests received by monosodium glutamate (MSG) from
Proceedings: Assessment of the last day of December 2017. If the Indonesia. The period of review (POR)
Antidumping Duties, 76 FR 65694 Department does not receive, by the last is November 1, 2015 through October
(October 24, 2011), the Department day of December 2017, a request for 31, 2016. The review covers a single
clarified its practice with respect to the mandatory respondent, PT Cheil Jedang
collection of final antidumping duties 3 See Antidumping Proceedings: Announcement Indonesia (CJI). The Department
on imports of merchandise where of Change in Department Practice for Respondent preliminarily determines that the
intermediate firms are involved. The Selection in Antidumping Duty Proceedings and
respondent has not made sales of
public should be aware of this Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78 subject merchandise below normal
clarification in determining whether to FR 65963 (November 4, 2013). value (NV). We invite interested parties
sradovich on DSK3GMQ082PROD with NOTICES
request an administrative review of 4 In accordance with 19 CFR 351.213(b)(1), parties
to comment on these preliminary
merchandise subject to antidumping should specify that they are requesting a review of results.
findings and orders.2 entries from exporters comprising the entity, and to
The Department no longer considers the extent possible, include the names of such DATES: Applicable December 4, 2017.
exporters in their request. FOR FURTHER INFORMATION CONTACT:
the non-market economy (NME) entity 5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Caitlin Monks or Joseph Traw, AD/CVD
2 See also the Enforcement and Compliance Web Administrative Protective Order Procedures, 76 FR Operations, Office VII, Enforcement and
site at http://trade.gov/enforcement/. 39263 (July 6, 2011). Compliance, International Trade
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![Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices 57223
companies not listed above, the cash DEPARTMENT OF COMMERCE are more readily prosecuted when the
deposit rate will continue to be the gear is marked, and this allows for more
company-specific rate published for the National Oceanic and Atmospheric cost-effective enforcement. Gear
most recent period; (3) if the exporter is Administration marking helps ensure that a vessel
not a firm covered in this review, a prior harvests fish only from its own traps/
Proposed Information Collection; pots/other gear are not illegally placed.
review, or the less-than-fair-value
Comment Request; West Coast Region Cooperating fishermen also use the gear
investigation, but the manufacturer is, Gear Identification Requirements
the cash deposit rate will be the rate marking numbers to report suspicious or
established for the most recent period AGENCY: National Ocean and non-compliant activities that they
for the manufacturer of the Atmospheric Administration, observe, and to report placement or
merchandise; and (4) the cash deposit Commerce. occurrence of gear in unauthorized
rate for all other manufacturers or ACTION: Notice. areas. The identifying number on
fishing gear is used by the National
exporters is 6.19 percent, the all-others
SUMMARY: The Department of Marine Fisheries Service (NMFS), the
rate established in the investigation.7
Commerce, as part of its continuing United States Coast Guard (USCG), and
These cash deposit requirements, when effort to reduce paperwork and other marine agencies in issuing
imposed, shall remain in effect until respondent burden, invites the general regulations, prosecutions, and other
further notice. public and other Federal agencies to enforcement actions necessary to
Notification to Interested Parties take this opportunity to comment on support sustainable fisheries behaviors
proposed and/or continuing information as intended in regulations. Regulation-
This notice serves as a preliminary collections, as required by the compliant fishermen ultimately benefit
reminder to importers of their Paperwork Reduction Act of 1995. from these requirements, as
responsibility under 19 CFR DATES: Written comments must be unauthorized and illegal fishing is
351.402(f)(2) to file a certificate submitted on or before February 2, 2018. deterred and more burdensome
regarding the reimbursement of ADDRESSES: Direct all written comments regulations are avoided.
antidumping duties prior to liquidation to Jennifer Jessup, Departmental II. Method of Collection
of the relevant entries during this Paperwork Clearance Officer,
review period. Failure to comply with Department of Commerce, Room 6616, The physical marking of fishing buoys
this requirement could result in the 14th and Constitution Avenue NW., is done by fishermen in the Pacific
Department’s presumption that Washington, DC 20230 (or via the Coast Groundfish Fishery) according to
reimbursement of antidumping duties Internet at pracomments@doc.gov). regulation.
occurred and the subsequent assessment FOR FURTHER INFORMATION CONTACT: III. Data
of double antidumping duties. Requests for additional information or
copies of the information collection OMB Control Number: 0648–0352.
We are issuing and publishing these Form Number(s): None.
results in accordance with sections instrument and instructions should be
directed to Keeley Kent, (206) 526–4655 Type of Review: Regular submission
751(a)(1) and 777(i)(1) of the Act. (extension of a current information
or keeley.kent@noaa.gov.
Dated: November 27, 2017. collection).
SUPPLEMENTARY INFORMATION:
Carole Showers, Affected Public: Business or other for-
I. Abstract profit organizations.
Executive Director, Office of Policy
performing the duties of the Deputy Assistant This request is for extension of a Estimated Number of Respondents:
Secretary for Enforcement and Compliance. currently approved information 1,125.
collection. Estimated Time per Response: 15
Appendix The success of fisheries management minutes.
List of Topics Discussed in the Preliminary programs depends significantly on Estimated Total Annual Burden
Decision Memorandum regulatory compliance. The Hours: 574 hours.
requirements that fishing gear be Estimated Total Annual Cost to
I. Summary
marked are essential to facilitate Public: $11,351.60 for materials.
II. Background
enforcement. The ability to link fishing
III. Scope of the Order IV. Request for Comments
gear to the vessel owner or operator is
IV. Comparisons to Normal Value
V. Product Comparisons
crucial to enforcement of regulations Comments are invited on: (a) Whether
VI. Date of Sale
issued under the authority of the the proposed collection of information
VII. Constructed Export Price
Magnuson-Stevens Fishery is necessary for the proper performance
VIII. Normal Value Conservation and Management Act. The of the functions of the agency, including
IX. Currency Conversion marking of fishing gear is also valuable whether the information shall have
X. Recommendation in actions concerning damage, loss, and practical utility; (b) the accuracy of the
civil proceedings. The regulations agency’s estimate of the burden
[FR Doc. 2017–26063 Filed 12–1–17; 8:45 am]
specify that fishing gear must be marked (including hours and cost and whether
BILLING CODE 3510–DS–P with the vessel’s official number, the information shall have practical
Federal permit or tag number, or some utility) of the proposed collection of
other specified form of identification. information; (c) ways to enhance the
sradovich on DSK3GMQ082PROD with NOTICES
The regulations further specify how the quality, utility, and clarity of the
gear is to be marked (e.g., location and information to be collected; and (d)
color). Law enforcement personnel rely ways to minimize the burden of the
on gear marking information to assure collection of information on
7 See Monosodium Glutamate from the Republic compliance with fisheries management respondents, including through the use
of Indonesia: Final Determination of Sales at Less regulations. Gear that is not properly of automated collection techniques or
Than Fair Value 79 FR 58329 (September 29, 2014). identified is confiscated. Gear violations other forms of information technology.
VerDate Sep<11>2014 18:22 Dec 01, 2017 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\04DEN1.SGM 04DEN1](https://thefederalregister.org/doc/82_FR_57452/page/3.svg)
Document Created: 2017-12-02 00:41:35
Document Modified: 2017-12-02 00:41:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 4, 2017. | |
| Contact | Caitlin Monks or Joseph Traw, 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) 482-2670 or (202) 482-6079, respectively. | |
| FR Citation | 82 FR 57221 |
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