83 FR 39420 - Monosodium Glutamate From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 154 (August 9, 2018)

The Department of Commerce (Commerce) preliminarily determines that the 27 companies subject to this administrative review are part of the China-wide entity because none filed a separate rate application (SRA) and/or a separate rate certification (SRC). The period of review (POR) is November 1, 2016, through October 31, 2017. We invite interested parties to comment on these preliminary results.

[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39420-39422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17049]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-992]


Monosodium Glutamate From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the 27 companies subject to this administrative review are part of 
the China-wide entity because none filed a separate rate application 
(SRA) and/or a separate rate certification (SRC). The period of review 
(POR) is November 1, 2016, through October 31, 2017. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable August 9, 2018.

FOR FURTHER INFORMATION CONTACT: Chloee Sagmoe or Kathryn Wallace, AD/
CVD Operations, Office VII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone at (202) 482-2000 or (202) 482-
6251.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2017, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
monosodium glutamate (MSG) from the People's Republic of China 
(China).\1\ In response, on November 30, 2017, Ajinomoto North America, 
Inc. (the petitioner) requested a review of 27 companies.\2\ Commerce 
initiated a review of all 27 companies on January 11, 2018.\3\ For a 
list of these companies, see the Appendix to this notice. The deadline 
for interested parties to submit an SRA or an SRC was February 11, 
2018.\4\ No party submitted an SRA or an SRC. On May 5, 2018, the 
petitioner requested that Commerce place the Remand Redetermination of 
the investigation of MSG from China \5\ on the record of this 
proceeding.\6\ The petitioners asked that Commerce utilize the 
recalculated dumping margin of mandatory respondent, Meihua Bio-
Technology Co., Ltd. (Mehia), as the basis for the China-wide entity 
rate.\7\ No other party filed comments.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 50620 (November 1, 2017).
    \2\ See Ajinomoto's letter, ``Monosodium Glutamate from China: 
Request for Administrative Review,'' (November 30, 2017), at 
Attachment 1 (listing 27 companies for which Ajinomoto sought a 
review).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation 
Notice).
    \4\ See Initiation Notice.
    \5\ See Remand Redetermination in the Antidumping Duty 
Investigation of Monosodium Glutamate from the People's Republic of 
China: Analysis Memorandum for Langfang Meihua Bio-Technology Co., 
Ltd. dated August 7, 2017 filed in the Ajinomoto North America, Inc. 
v. United States, Court No. 14-00351, Slip Op. 17-48 (April 25, 
2017) (Remand Redetermination).
    \6\ See Ajinomoto's letter, ``Antidumping Duty Review of 
Monosodium Glutamate from China: Comments on PRC-Wide AFA Rate,'' 
(May 7, 2018).
    \7\ Id.
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Scope of the Order

    The product covered by this order is MSG, whether or not blended or 
in solution with other products. Specifically, MSG that has been 
blended or is in solution with other product(s) is included in this 
scope when the resulting mix contains 15 percent or more of MSG by dry 
weight. Products with which MSG may be blended include, but are not 
limited to, salts, sugars, starches, maltodextrins, and various 
seasonings. Further, MSG is included in this order regardless of 
physical form (including, but not limited to, in monohydrate or 
anhydrous form, or as substrates, solutions, dry powders of any 
particle size, or unfinished forms such as MSG slurry), end-use 
application, or packaging. MSG in monohydrate form has a molecular 
formula of C5H8NO4Na--H2O, 
a Chemical Abstract Service (CAS) registry number of 6106-04-3, and a 
Unique Ingredient Identifier (UNII) number of W81N5U6R6U. MSG in 
anhydrous form has a molecular formula of 
C5H8NO4Na, a CAS registry number of 
l42-47-2, and a UNII number of C3C196L9FG. Merchandise covered by the 
scope of this order is currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) at subheading 2922.42.10.00. 
Merchandise subject to the order may also enter under HTS 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. The tariff classifications, CAS 
registry numbers, and UNII numbers are provided for convenience and 
customs purposes; however, the written description of the scope is 
dispositive.\8\
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    \8\ See Monosodium Glutamate from the People's Republic of 
China: Second Amended Final Determination of Sales at Less Than Fair 
Value and Amended Antidumping Order, 80 FR 487 (January 6, 2015).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213.

Preliminary Results of Review

    As noted above, the petitioner asked Commerce to place the Remand 
Redetermination on the record of this proceeding and to use that 
information to calculate a dumping margin for the China-wide entity 
equal to the highest transaction-specific margin calculated for 
Meihua.\9\ We have not done so. Commerce no longer considers the non-
market economy (NME) entity as an exporter conditionally subject to an 
antidumping duty administrative

[[Page 39421]]

reviews.\10\ Accordingly, the NME entity will not be under review 
unless Commerce specifically receives a request for, or self-initiates, 
a review of the NME entity.\11\ In this administrative review, no party 
requested a review of the China-wide entity. Moreover, we have not 
self-initiated a review of the China-wide entity. Because no review of 
the China-wide entity is being conducted, the China-wide entity's 
entries are not subject to the review and the rate applicable to the 
NME entity is not subject to change as a result of this review.
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    \9\ See Ajinomoto's letter, ``Antidumping Duty Review of 
Monosodium Glutamate from China: Comments on PRC-Wide AFA Rate,'' 
(May 7, 2018).
    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \11\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
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    None of the 27 companies subject to this review filed an SRA or an 
SRC. Commerce preliminarily determines that these companies have not 
demonstrated their eligibility for separate rate status and are part of 
the China-wide entity. Commerce also preliminarily determines that the 
27 companies subject to review are part of the China-wide entity. The 
China-wide entity rate is 40.41 percent.\12\
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    \12\ See 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).
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\13\ ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit in room B8024 of the main Commerce building. Rebuttal 
briefs, limited to issues raised in the case briefs, must be filed 
within five days after the time limit for filing case briefs.\14\ 
Parties who submit case or rebuttal briefs in this proceeding are 
requested to submit with each argument a statement of the issue, a 
brief summary of the argument, and a table of authorities.\15\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1) and (2).
    \15\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\16\ 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 and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington DC 20230.\17\ Commerce intends to issue the final 
results of this administrative review, which will include the results 
of our analysis of all issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register, unless extended, pursuant to section 751(a)(3)(A) of the Act.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review.\18\ We intend to instruct CBP to liquidate 
entries containing subject merchandise exported by the companies under 
review that we determine in the final results to be part of the China-
wide entity at the China-wide entity rate of 40.41 percent. Commerce 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of this review in the Federal Register.\19\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For companies that have a 
separate rate, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the China-wide entity (i.e., 
40.41 percent); and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 315.402(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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Companies Covered by this Review

1. Anhui Fresh Taste International Trade Co., Ltd.
2. Baoji Fufeng Biotechnologies Co., Ltd.
3. Blu Logistics (China) Co., Ltd.
4. Bonroy Group Limited
5. Forehigh Trade and Industry Co., Ltd.
6. Fujian Province Jianyang Wuyi MSG Co., Ltd.
7. Golden Banyan Foodstuffs Industry Co., Ltd.
8. Henan Lotus Flower Gourmet Powder Co.
9. Hong Kong Sungiven International Food Co., Limited
10. Hulunbeier Northeast Fufeng Biotechnologies Co., Ltd.
11. K&S Industry Limited
12. King Cheong Hong International
13. Langfang Meihua Bio-Technology Co., Ltd.
14. Liangshan Linghua Biotechnology Co., Ltd.
15. Lotus Health Industry Holding Group
16. Meihua Group International Trading (Hong Kong) Limited,
17. Meihua Holdings Group Co., Ltd., Bazhou Branch
18. Neimenggu Fufeng Biotechnologies Co., Ltd.

[[Page 39422]]

19. Pudong Prime Int'l Logistics, Inc.
20. Qinhuangdao Xingtai Trade Co., Ltd.
21. S.D. Linghua M.S.G. Incorporated Co.
22. Shandong Linghua Monosodium Glutamate Incorporated Company
23. Shanghai Totole Food Ltd.
24. Shijiazhuang Standard Imp & Exp Co., Ltd.
25. Sunrise (HK) International Enterprise Limited
26. Tongliao Meihua Biological Sci-Tech Co., Ltd.
27. Zhejiang Medicines & Health

[FR Doc. 2018-17049 Filed 8-8-18; 8:45 am]
 BILLING CODE 3510-DS-P