82 FR 59582 - Monosodium Glutamate From the People's Republic of China: Notice of Court Decision Not in Harmony With Second Amended Final Determination in Less Than Fair Value Investigation and Notice of Third Amended Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 240 (December 15, 2017)

On November 3, 2017, the Court of International Trade (CIT or Court) sustained the final remand results pertaining to the less than fair value investigation of monosodium glutamate (MSG) from the People's Republic of China (PRC). The Department of Commerce (the Department) is notifying the public that the final judgment in this case is not in harmony with the second amended final determination of the less than fair value investigation and that the Department is amending the second amended final determination with respect to the dumping margins assigned to Langfang Meihua Bio-Technology Co., Ltd.'s (Meihua).

[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59582-59583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27062]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992]


Monosodium Glutamate From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Second Amended Final 
Determination in Less Than Fair Value Investigation and Notice of Third 
Amended Final Determination

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

SUMMARY: On November 3, 2017, the Court of International Trade (CIT or 
Court) sustained the final remand results pertaining to the less than 
fair value investigation of monosodium glutamate (MSG) from the 
People's Republic of China (PRC). The Department of Commerce (the 
Department) is notifying the public that the final judgment in this 
case is not in harmony with the second amended final determination of 
the less than fair value investigation and that the Department is 
amending the second amended final determination with respect to the 
dumping margins assigned to Langfang Meihua Bio-Technology Co., Ltd.'s 
(Meihua).

DATES: Effective November 13, 3017.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao, 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) 482-1396.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2014, the Department issued the Final 
Determination.\1\ On November 26, 2014, in response to ministerial 
error allegations, the Department issued the Amended Final 
Determination and on January 6, 2015, in response to additional 
comments concerning inadvertent errors in the Amended Final 
Determination, the Department issued the Second Amended Final

[[Page 59583]]

Determination and Order.\2\ Meihua \3\ is a Chinese producer/exporter 
of MSG and was a mandatory respondent in the underlying less than fair 
value investigation. In the Second Amended Final Determination and 
Order, the Department assigned a dumping margin of 21.28 percent to 
Meihua.
---------------------------------------------------------------------------

    \1\ See Monosodium Glutamate from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value and the 
Final Affirmative Determination of Critical Circumstances, 79 FR 
58326 (September 29, 2014) (Final Determination).
    \2\ 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) (Amended Final Determination), and, Monosodium 
Glutamate from the People's Republic of China: Second Amended Final 
Determination of Sales at Less Than Fair Value and Amended 
Antidumping Duty Order, 80 FR 487 (January 6, 2015) (Second Amended 
Final Determination and Order), respectively.
    \3\ Meihua, or Meihua Group, consists of Langfang Meihua Bio-
Technology Co., Ltd., Tongliao Meihua Biological SCI-TECH Co., Ltd., 
Meihua Group International Trading (Hong Kong) Limited, and Meihua 
Holdings Group Co., Ltd, Bazhou Branch. See the Department's 
preliminary decision memorandum, ``Decision Memorandum for the 
Preliminary Determination of Sales at Less Than Fair Value, 
Affirmative Preliminary Determination of Critical Circumstances, and 
Postponement of Final Determination of the Antidumping Duty 
Investigation of Monosodium Glutamate from the People's Republic of 
China,'' dated May 1, 2014, at 8-9, unchanged in Amended Final 
Determination.
---------------------------------------------------------------------------

    On April 25, 2017, the Court issued its Remand Order \4\ and 
directed the Department to: (1) Reconsider the Department's selection 
of the best available information in setting the distance used to 
calculate a surrogate value for inland freight and (2) reconsider 
petitioner's, Ajinomoto North America, Inc.'s, (Ajinomoto) argument to 
calculate the corn factor of production (FOP) based upon the respondent 
Meihua's actual production experience.
---------------------------------------------------------------------------

    \4\ See Ajinomoto North America, Inc. v. United States, Court 
No. 14-00351, Slip Op. 17-48 (April 25, 2017) (Remand Order).
---------------------------------------------------------------------------

    Pursuant to the Remand Order, the Department issued its Final 
Redetermination, which addressed the Court's Remand Order and revised 
the weighted-average dumping margin for Meihua to 34.15 percent.\5\ On 
November 3, 2017, the CIT sustained in whole the Department's Final 
Redetermination.\6\
---------------------------------------------------------------------------

    \5\ See Department Memorandum dated August 30, 2017, ``Final 
Results of Redetermination Pursuant to Court Remand Monosodium 
Glutamate from the People's Republic of China Ajinomoto North 
America, Inc. v. United States Court No. 14-00351, Slip Op. 17-48 
(CIT April 25, 2017),'' (Final Redetermination).
    \6\ See Ajinomoto North America, Inc. v. United States, Court 
No. 14-00351, Slip Op. 17-150 (CIT 2017).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, \7\ as clarified by Diamond Sawblades, 
\8\ the United States Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, 
as amended (the Act), the Department must publish a notice of a court 
decision that is not ``in harmony'' with a Department determination and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's November 3, 2017, final judgment sustaining the 
Department's Final Redetermination constitutes a final decision of the 
Court that is not in harmony with the Second Amended Final 
Determination and Order. This notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken), at 341.
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Third Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the Second Amended Final Determination and Order with respect 
to the dumping margin calculated for Meihua. The revised dumping margin 
for Meihua, is 34.15 percent.\9\
---------------------------------------------------------------------------

    \9\ See Final Redetermination.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Second Amended Final Determination and Order, the 
Department has established a new cash deposit rate for Meihua.\10\ 
Therefore, the Department is not amending the cash deposit rate for 
Meihua.
---------------------------------------------------------------------------

    \10\ See, e.g., Monosodium Glutamate from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2014-2015, 81 FR 89062 (December 9, 2016).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 735(c)(1), and 777(i)(1) of the Act.

    Dated: December 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-27062 Filed 12-14-17; 8:45 am]
 BILLING CODE 3510-DS-P