Notice2021-14893
Methionine From France: Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing an antidumping duty (AD) order on methionine from France.
Full Text
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<title>Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)</title>
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[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36705-36707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14893]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-831]
Methionine From France: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping
[[Page 36706]]
duty (AD) order on methionine from France.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), on May 17, 2021, Commerce published its
Final Determination in the less-than-fair-value (LTFV) investigation of
imports of methionine from France in which it found that sales of
methionine from France were at LTFV and that critical circumstances
existed for the mandatory respondent in the investigation but did not
exist for all other producers and exporters.\1\ On June 30, 2021, the
ITC notified Commerce of its final affirmative determination that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of
methionine from France, and its determination that critical
circumstances do not exist with respect to methionine from France
subject to Commerce's partial affirmative critical circumstances
determination on May 17, 2021.\2\
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\1\ See Methionine from France: Final Determination of Sales at
Less Than Fair Value and Final Partial Determination of Critical
Circumstances, 86 FR 26697 (May 17, 2021) (Final Determination).
\2\ See ITC's Letter, ITC Notification, dated June 30, 2021.
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Scope of the Order
The product covered by this order is methionine from France. For a
full description of the scope of the order, see the appendix to this
notice.
Antidumping Duty Order
On June 30 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of the ITC Final
Determinations that an industry in the United States is materially
injured by reason of imports of methionine from France and its
determination that critical circumstances do not exist with respect to
imports of subject merchandise from France that are subject to
Commerce's affirmative critical circumstances finding. Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order on methionine from France. Because Commerce has determined that
sales of methionine from France were made at LTFV, and the ITC
determined that imports of methionine from France are materially
injuring the U.S. industry, unliquidated entries of such merchandise
from France entered, or withdrawn, for consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce intends to direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise for all
relevant entries of methionine from France. As further described below,
antidumping duties will be assessed on unliquidated entries of
methionine entered, or withdrawn from warehouse, for consumption, on or
after March 4, 2021, the date of publication of the Preliminary
Determination,\3\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
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\3\ See Methionine From France: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances, 86 FR 12627
(March 4, 2021) (Preliminary Determination).
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Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
intends to instruct CBP to continue to suspend liquidation on all
relevant entries of methionine from France. These instructions
suspending liquidation will remain in effect until further notice.
Pursuant to 735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce
also intends to instruct CBP to require cash deposits equal to the
estimated weighted-average dumping margins indicated in the table
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination,\4\ CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the table below. The all-
others rate applies to producers and exporters not specifically listed,
as appropriate.
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\4\ See Methionine from France (Inv. No. 731-TA-1534 (Final)),
86 FR 35826 (July 7, 2021) (ITC Final Determination).
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Critical Circumstances
With regard to instances in which entries of subject merchandise
were produced and exported by Adisseo France S.A.S. and Commentry
(collectively, Adisseo), or produced by Adisseo and exported by a
company not specified in the table below, within 90 days prior to the
publication of the Preliminary Determination, then, pursuant to section
735(c)(1)(B)(ii) of the Act, Commerce had instructed CBP to require a
cash deposit for such entries of subject merchandise at a rate equal to
the estimated weighted-average dumping margin established for Adisseo.
However, with regard to the ITC's negative critical circumstances
determination on imports of methionine from France, we will instruct
CBP to lift suspension and to refund all cash deposits made to secure
the payment of estimated antidumping duties with respect to entries of
the subject merchandise attributed to all parties entered, or withdrawn
from warehouse, for consumption on or after December 4, 2020 (i.e., 90
days prior to the date of the publication of the Preliminary
Determination), but before March 4, 2021 (i.e., the date of publication
of the Preliminary Determination).
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Adisseo France S.A.S. and Commentry......................... 43.82
All Others.................................................. 16.17
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that commerce extend the four-month period to no more than six months.
For this investigation, Commerce decided not to extend the four-month
period to six months. Commerce published the Preliminary Determination
in this investigation on March 4, 2021.\5\
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\5\ Id.
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The provisional measures period, beginning on the date of
publication of
[[Page 36707]]
the preliminary determination, ended on July 1, 2021. Therefore, in
accordance with section 733(d) of the Act and our practice, Commerce
will instruct CBP to terminate the suspension of liquidation, to refund
all cash deposits for estimated antidumping duties, and to liquidate,
without regard to antidumping duties, unliquidated entries of
methionine from France entered, or withdrawn from warehouse, for
consumption after July 1, 2021, the final day on which the provisional
measures were in effect, until and through the day preceding the date
of publication of the ITC's final affirmative injury determination in
the Federal Register (i.e., through July 6, 2021).\6\ Suspension of
liquidation and the collection of cash deposits will resume on the date
of publication of the ITC's final determination in the Federal Register
(i.e., July 7, 2021).
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\6\ See ITC Final Determination.
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Notification to Interested Parties
This notice constitutes the AD order with respect to methionine
from France, pursuant to section 736(a) of the Act. Interested parties
can find a list of AD orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: July 8, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Order
The merchandise covered by this order is methionine and dl-
Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-
(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle
size, grade, or physical form. Methionine has the chemical formula
C<INF>5</INF>H<INF>11</INF>NO<INF>2</INF>S, liquid HMTBa has the
chemical formula C<INF>5</INF>H<INF>10</INF>O<INF>3</INF>S, and dry
HMTBa has the chemical formula
(C<INF>5</INF>H<INF>9</INF>O<INF>3</INF>S)<INF>2</INF>Ca.
Subject merchandise also includes methionine processed in a
third country including, but not limited to, refining, converting
from liquid to dry or dry to liquid form, or any other processing
that would not otherwise remove the merchandise from the scope of
this order if performed in the country of manufacture of the in-
scope methionine or dl-Hydroxy analogue of dl-methionine.
The scope also includes methionine that is commingled (i.e.,
mixed or combined) with methionine from sources not subject to this
order. Only the subject component of such commingled products is
covered by the scope of this order.
Excluded from this order is United States Pharmacopoeia (USP)
grade methionine. In order to qualify for this exclusion, USP grade
methionine must meet or exceed all of the chemical, purity,
performance, and labeling requirements of the United States
Pharmacopeia and the National Formulary for USP grade methionine.
Methionine is currently classified under subheadings
2930.40.00.00 and 2930.90.46.00 of the Harmonized Tariff Schedule of
the United States (HTSUS). Methionine has the Chemical Abstracts
Service (CAS) registry numbers 583-91-5, 4857-44-7, 59-51-8 and 922-
50-9. While the HTSUS subheadings and CAS registry number are
provided for convenience and customs purposes, the written
description of the scope of this order is dispositive.
[FR Doc. 2021-14893 Filed 7-12-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 13, 2021.
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