Notice2021-15753
Methionine From Spain: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
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 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that imports of methionine from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation July 1, 2019, through June 30, 2020. Further, Commerce determines that critical circumstances exist for the sole mandatory respondent Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) and for all other producers and exporters.
Full Text
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<title>Federal Register, Volume 86 Issue 139 (Friday, July 23, 2021)</title>
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[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38985-38987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15753]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-822]
Methionine From Spain: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of methionine from Spain are being, or are likely to be, sold in the
United States at less than fair value (LTFV) for the period of
investigation July 1, 2019, through June 30, 2020. Further, Commerce
determines that critical circumstances exist for the sole mandatory
respondent Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) and for
all other producers and exporters.
DATES: Applicable July 23, 2021.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer, 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) 482-4987.
SUPPLEMENTARY INFORMATION:
Background
On March 4, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of
methionine from Spain, in which we also postponed the final
determination until July 19, 2021.\1\ Commerce invited interested
parties to comment on the Preliminary Determination. A summary of the
events that occurred since Commerce published the Preliminary
Determination, may be found in the Issues and Decision Memorandum.\2\
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\1\ See Methionine from Spain: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination and Extension of Provisional Measures, 86 FR 12614
(March 4, 2021) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Methionine from Spain,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is methionine from Spain.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
During the course of this investigation, Commerce received no scope
comments from interested parties. Therefore, Commerce is not modifying
the scope language as it appeared in the Preliminary Determination. See
Appendix I for the final scope of the investigation.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II. The
Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn">http://enforcement.trade.gov/frn</a>.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
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\3\ See Commerce's Letter, ``Remote Verification Questionnaire
for Adisseo Espa[ntilde]a,'' dated March 29, 2021; see also Adisseo
Espa[ntilde]a's Letter, ``Antidumping Investigation of Methionine
from Spain: Response to the Department's Remote Verification
Questionnaire,'' dated April 6, 2021.
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Changes Since Preliminary Determination
Based on our analysis of the comments received and our findings
related to our request for information in lieu of verification, we made
certain changes to the margin calculations with respect to Adisseo
Espa[ntilde]a, the sole mandatory respondent in this investigation. In
light of these changes to the margin calculations and the resulting
revised estimated weighted average dumping margin for Adisseo
Espa[ntilde]a, we have also revised the all-others rate. For a
discussion of these changes, see the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determined that critical circumstances did not
exist for Adisseo Espa[ntilde]a or for all others.\4\ Commerce did not
receive any comments in response to its preliminary determination with
respect to critical circumstances. However, for this final
determination, Commerce determines that critical circumstances exist,
within the meaning of section 735(a)(3) of the Act and 19 CFR 351.206,
for imports of methionine from Spain exported and/or produced by
Adisseo Espa[ntilde]a and imports of methionine from Spain produced
and/or exported by all other companies. For a full description of
methodology and results of Commerce's final affirmative critical
circumstances analyses, see Issues and Decision Memorandum.
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\4\ For a full description of the methodology and results of
Commerce's critical circumstances analysis, see Preliminary
Determination Memorandum at 4.
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Product Characteristics
Commerce preliminary identified three criteria for the physical
characteristics of the subject merchandise: (1) Type; (2) form; and (3)
concentration level of methionine content.\5\ For this final
determination, we made no changes to physical characteristics in our
analysis. However, because Commerce made a change with respect to
packaging characteristics in
[[Page 38986]]
the final determination of Methionine from Japan,\6\ if Commerce were
to issue an antidumping duty order in this case, we expect to reexamine
this issue during the first administrative review conducted in this
proceeding.
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\5\ See Commerce's Letter, ``Product Characteristics for Use in
Sections B and C Questionnaire Responses of Methionine from Spain,''
dated September 25, 2020; see also Preliminary Determination PDM at
12.
\6\ See Methionine from Japan: Final Affirmative Determination
of Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances (Methionine from Japan), and the accompanying
Issues and Decision Memorandum at Comment 6.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
Commerce calculated an individual estimated weighted-average
dumping margin for the sole mandatory respondent, Adisseo
Espa[ntilde]a. Therefore, for the purposes of determining the all-
others rate, and pursuant to section 735(c)(5)(A) of the Act, we are
using the dumping margin calculated for Adisseo Espa[ntilde]a, which is
not zero, de minimis, or determined entirely under section 776 of the
Act. For a full description of the methodology underlying Commerce's
analysis, see the Issues and Decision Memorandum.
Final Determination
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter and/ or producer dumping
margin
(percent)
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Adisseo Espa[ntilde]a S.A................................... 37.53
All Others.................................................. 37.53
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Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of methionine from
Spain, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after March 4, 2021,
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
Section 735(c)(4) of the Act provides that if there is an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
later of: (a) The date which is 90 days before the date on which the
suspension of liquidation was first ordered; or (b) the date on which
notice of initiation of the investigation was published. As noted
above, Commerce finds that critical circumstances exist for imports of
subject merchandise produced and/or exported by Adisseo Espa[ntilde]a
and by all other producers and exporters. Therefore, in accordance with
section 735(c)(4) of the Act, suspension of liquidation shall continue
to apply to unliquidated entries of subject merchandise produced and/or
exported by Adisseo Espa[ntilde]a and by all other producers and
exporters that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the date of
publication of the Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margin or the estimated all-others
rate, as follows: (1) The cash deposit rate for the respondent listed
above will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of methionine from Spain no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: July 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is methionine and
dl-Hydroxy analogue of dl-methionine, also known as 2-
[[Page 38987]]
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 investigation 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
investigation. Only the subject component of such commingled
products is covered by the scope of this investigation.
Excluded from this investigation 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 investigation is dispositive.
Appendix II
List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Final Affirmative Determination of Critical Circumstances
V. Discussion of the Issues:
a. Comment 1: Whether To Grant a Constructed Export Price Offset
b. Comment 2: Whether Certain Sales Are Outside the Normal
Course of Trade
c. Comment 3: Whether To Recalculate Indirect Selling Expenses
(ISE)
d. Comment 4: Whether To Apply Adverse Facts Available (AFA) on
Certain U.S.
Sales Fields
VI. Recommendation
[FR Doc. 2021-15753 Filed 7-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 23, 2021.
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