82_FR_59822 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

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)

Page Range59582-59583
FR Document2017-27062

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 Issue 240 (Friday, December 15, 2017) 
[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

59582 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices ACTION:Notice of Commission project proposal on the mental health DEPARTMENT OF COMMERCE telephonic business meeting. court in DC that will be submitted to the staff director for approval. International Trade Administration DATES: Thursday, December 21, 2017, at 3:30 p.m. EST. DATES: January 9, 2018 at 11:30 a.m. (EST). [A–570–992] ADDRESSES: Meeting to take place by telephone. ADDRESSES: 1331 Pennsylvania Avenue Monosodium Glutamate From the FOR FURTHER INFORMATION CONTACT: NW, Suite 1150, Washington, DC 20425. People’s Republic of China: Notice of Brian Walch, (202) 376–8371, Court Decision Not in Harmony With FOR FURTHER INFORMATION CONTACT: Ivy publicaffairs@usccr.gov. Second Amended Final Determination Davis, DFO, at ero@usccr.gov or 202– SUPPLEMENTARY INFORMATION: This 376–7533. in Less Than Fair Value Investigation business meeting is open to the public and Notice of Third Amended Final by telephone only. SUPPLEMENTARY INFORMATION: Persons Determination with accessibility needs should contact PARTICIPANT ACCESS INSTRUCTIONS: the Eastern Regional Office no later than AGENCY: Enforcement and Compliance, Listen Only, Toll Free: 1–888–219– 10 working days before the scheduled International Trade Administration, 1420; Conference ID: 5586588. Please meeting by sending an email to the dial in 5–10 minutes prior to the start Department of Commerce. following email address at ero@ time. usccr.gov. SUMMARY: On November 3, 2017, the Meeting Agenda Court of International Trade (CIT or Members of the public are entitled to Court) sustained the final remand I. Approval of Agenda attend or submit written comments. The results pertaining to the less than fair II. Program Planning comments must be received in the value investigation of monosodium • Discussion and Vote on regional office by February 9, 2018. Comments may be mailed to the Eastern glutamate (MSG) from the People’s Commission’s Strategic Plan for Regional Office, U.S. Commission on Republic of China (PRC). The Fiscal Years 2019–2022 • Discussion and Vote on Revised Civil Rights, 1331 Pennsylvania Department of Commerce (the Report: Public Education Funding Avenue, Suite 1150, Washington, DC Department) is notifying the public that Inequity in an Era of Increasing 20425 or emailed to Evelyn Bohor at the final judgment in this case is not in Concentration of Poverty and ero@usccr.gov. Persons who desire harmony with the second amended final Resegregation additional information may contact the determination of the less than fair value • Discussion and Vote on Timeline, Eastern Regional Office at 202–376– investigation and that the Department is Discovery Plan, and Outline for the 7533. amending the second amended final Commission’s FY19 Report on Records and documents discussed determination with respect to the Federal Civil Rights Enforcement during the meeting will be available for dumping margins assigned to Langfang Efficacy public viewing as they become available Meihua Bio-Technology Co., Ltd.’s V. Adjourn Meeting at http://facadatabase.gov/committee/ (Meihua). Dated: December 12, 2017. meetings.aspx?cid=241; click the DATES: Effective November 13, 3017. Brian Walch, ‘‘Meeting Details’’ and ‘‘Documents’’ Director, Communications and Public links. Records generated from this FOR FURTHER INFORMATION CONTACT: Jun Engagement. meeting may also be inspected and Jack Zhao, AD/CVD Operations, Office [FR Doc. 2017–27139 Filed 12–13–17; 11:15 am] reproduced at the Eastern Regional VII, Enforcement and Compliance, BILLING CODE 6335–01–P Office, as they become available, both International Trade Administration, before and after the meeting. Persons U.S. Department of Commerce, 1401 interested in the work of this advisory Constitution Avenue NW, Washington, COMMISSION ON CIVIL RIGHTS committee are advised to go to the DC 20230; telephone: (202) 482–1396. Commission’s website, www.usccr.gov, Agenda and Notice of Public Meeting or to contact the Eastern Regional Office SUPPLEMENTARY INFORMATION: of the District of Columbia Advisory at the above phone numbers, email or Background Committee street address. Agenda: Tuesday, January 9, 2018 On September 29, 2014, the AGENCY: Commission on Civil Rights. Department issued the Final ACTION: Announcement of monthly I. Welcome and Introductions Determination.1 On November 26, 2014, planning meeting. —Rollcall in response to ministerial error SUMMARY: Notice is hereby given, II. Planning Meeting allegations, the Department issued the pursuant to the provisions of the rules —Discuss/Review Project Proposal Amended Final Determination and on and regulations of the U.S. Commission January 6, 2015, in response to —Identify Committee Members for on Civil Rights (Commission), and the additional comments concerning Planning Workgroup Federal Advisory Committee Act inadvertent errors in the Amended Final (FACA), that a planning meeting of the III. Other Business Determination, the Department issued District of Columbia Advisory IV. Open Comment sradovich on DSK3GMQ082PROD with NOTICES the Second Amended Final Committee to the Commission will V. Adjournment convene at 11:30 a.m. (EST) Tuesday, January 9, 2018 at the offices of the U.S. Dated: December 11, 2017. 1 See Monosodium Glutamate from the People’s Commission on Civil Rights, 1331 David Mussatt, Republic of China: Final Determination of Sales at Pennsylvania Avenue NW, Suite 1150, Supervisory Chief, Regional Programs Unit. Less Than Fair Value and the Final Affirmative Washington, DC 20425. The purpose of [FR Doc. 2017–26985 Filed 12–14–17; 8:45 am] Determination of Critical Circumstances, 79 FR the meeting is to discuss and vote on the BILLING CODE 6335–01–P 58326 (September 29, 2014) (Final Determination). VerDate Sep<11>2014 23:42 Dec 14, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\15DEN1.SGM 15DEN1

Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices 59583 Determination and Order.2 Meihua 3 is a Timken Notice DEPARTMENT OF COMMERCE Chinese producer/exporter of MSG and was a mandatory respondent in the In its decision in Timken, 7 as International Trade Administration underlying less than fair value clarified by Diamond Sawblades, 8 the United States Court of Appeals for the Limitation of Duty-Free Imports of investigation. In the Second Amended Federal Circuit held that, pursuant to Apparel Articles Assembled in Haiti Final Determination and Order, the sections 516A(c) and (e) of the Tariff Act Under the Caribbean Basin Economic Department assigned a dumping margin of 1930, as amended (the Act), the Recovery Act (CBERA), as Amended of 21.28 percent to Meihua. by the Haitian Hemispheric Department must publish a notice of a On April 25, 2017, the Court issued court decision that is not ‘‘in harmony’’ Opportunity through Partnership its Remand Order 4 and directed the with a Department determination and Encouragement Act (HOPE) Department to: (1) Reconsider the must suspend liquidation of entries AGENCY: International Trade Department’s selection of the best pending a ‘‘conclusive’’ court decision. Administration, Department of available information in setting the The CIT’s November 3, 2017, final Commerce. distance used to calculate a surrogate judgment sustaining the Department’s ACTION: Notification of annual value for inland freight and (2) Final Redetermination constitutes a quantitative limit on imports of certain reconsider petitioner’s, Ajinomoto final decision of the Court that is not in apparel from Haiti. North America, Inc.’s, (Ajinomoto) harmony with the Second Amended argument to calculate the corn factor of Final Determination and Order. This SUMMARY: CBERA, as amended, production (FOP) based upon the notice is published in fulfillment of the provides duty-free treatment for certain respondent Meihua’s actual production publication requirements of Timken. apparel articles imported directly from experience. Haiti. One of the preferences is known Pursuant to the Remand Order, the Third Amended Final Determination as the ‘‘value-added’’ provision, which requires that apparel meet a minimum Department issued its Final Because there is now a final court threshold percentage of value added in Redetermination, which addressed the decision, the Department is amending Haiti, the United States, and/or certain Court’s Remand Order and revised the the Second Amended Final beneficiary countries. The provision is weighted-average dumping margin for Determination and Order with respect subject to a quantitative limitation, Meihua to 34.15 percent.5 On November to the dumping margin calculated for which is calculated as a percentage of 3, 2017, the CIT sustained in whole the Meihua. The revised dumping margin total apparel imports into the United Department’s Final Redetermination.6 for Meihua, is 34.15 percent.9 States for each 12-month annual period. For the annual period from December Cash Deposit Requirements 20, 2017 through December 19, 2018, 2 See Monosodium Glutamate from the People’s Republic of China, and the Republic of Indonesia: Since the Second Amended Final the quantity of imports eligible for Antidumping Duty Orders and Monosodium Determination and Order, the preferential treatment under the value- Glutamate From the People’s Republic of China: Department has established a new cash added provision is 361,603,399 square Amended Final Determination of Sales at Less deposit rate for Meihua.10 Therefore, the meters equivalent. Than Fair Value, 79 FR 70505 (November 26, 2014) DATES: December 20, 2017. (Amended Final Determination), and, Monosodium Department is not amending the cash deposit rate for Meihua. FOR FURTHER INFORMATION CONTACT: Glutamate from the People’s Republic of China: Second Amended Final Determination of Sales at Laurie Mease, International Trade Less Than Fair Value and Amended Antidumping Notification to Interested Parties Specialist, Office of Textiles and Duty Order, 80 FR 487 (January 6, 2015) (Second Apparel, U.S. Department of Commerce, Amended Final Determination and Order), This notice is issued and published in (202) 482–3400. respectively. accordance with sections 516A(e)(1), SUPPLEMENTARY INFORMATION: 3 Meihua, or Meihua Group, consists of Langfang 735(c)(1), and 777(i)(1) of the Act. Authority: Section 213A of the Meihua Bio-Technology Co., Ltd., Tongliao Meihua Dated: December 11, 2017. Caribbean Basin Economic Recovery Act Biological SCI–TECH Co., Ltd., Meihua Group International Trading (Hong Kong) Limited, and Gary Taverman, (19 U.S.C. 2703a) (‘‘CBERA’’), as Meihua Holdings Group Co., Ltd, Bazhou Branch. Deputy Assistant Secretary for Antidumping amended; and as implemented by See the Department’s preliminary decision and Countervailing Duty Operations, Presidential Proc. No. 8114, 72 FR memorandum, ‘‘Decision Memorandum for the performing the non-exclusive functions and 13655 (March 22, 2007), and No. 8596, Preliminary Determination of Sales at Less Than duties of the Assistant Secretary for 75 FR 68153 (November 4, 2010). Fair Value, Affirmative Preliminary Determination Enforcement and Compliance. Background: Section 213A(b)(1)(B) of of Critical Circumstances, and Postponement of CBERA, as amended (19 U.S.C. Final Determination of the Antidumping Duty [FR Doc. 2017–27062 Filed 12–14–17; 8:45 am] 2703a(b)(1)(B)), outlines the Investigation of Monosodium Glutamate from the BILLING CODE 3510–DS–P People’s Republic of China,’’ dated May 1, 2014, at requirements for certain apparel articles 8–9, unchanged in Amended Final Determination. imported directly from Haiti to qualify 4 See Ajinomoto North America, Inc. v. United for duty-free treatment under a ‘‘value- States, Court No. 14–00351, Slip Op. 17–48 (April added’’ provision. In order to qualify for 25, 2017) (Remand Order). duty-free treatment, apparel articles 7 See Timken Co. v. United States, 893 F.2d 337 5 See Department Memorandum dated August 30, must be wholly assembled, or knit-to- 2017, ‘‘Final Results of Redetermination Pursuant to (Fed. Cir. 1990) (Timken), at 341. shape, in Haiti from any combination of sradovich on DSK3GMQ082PROD with NOTICES 8 See Diamond Sawblades Mfrs. Coalition v. Court Remand Monosodium Glutamate from the fabrics, fabric components, components People’s Republic of China Ajinomoto North United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). knit-to-shape, and yarns, as long as the America, Inc. v. United States Court No. 14–00351, Slip Op. 17–48 (CIT April 25, 2017),’’ (Final 9 See Final Redetermination. sum of the cost or value of materials Redetermination). 10 See, e.g., Monosodium Glutamate from the produced in Haiti or one or more 6 See Ajinomoto North America, Inc. v. United People’s Republic of China: Final Results of beneficiary countries, as described in States, Court No. 14–00351, Slip Op. 17–150 (CIT Antidumping Duty Administrative Review; 2014– CBERA, as amended, or any 2017). 2015, 81 FR 89062 (December 9, 2016). combination thereof, plus the direct VerDate Sep<11>2014 23:42 Dec 14, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\15DEN1.SGM 15DEN1


Document Created: 2017-12-15 03:37:05
Document Modified: 2017-12-15 03:37:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 13, 3017.
ContactJun 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.
FR Citation82 FR 59582 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR