Notice2021-19709
Methionine From Japan and Spain: Antidumping Duty Orders
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
September 14, 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 antidumping duty orders on methionine from Japan and Spain.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51119-51121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19709]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-879, A-469-822]
Methionine From Japan and Spain: Antidumping Duty Orders
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 antidumping duty orders on methionine from Japan
and Spain.
DATES: Applicable September 14, 2021.
FOR FURTHER INFORMATION CONTACT: Robert Scully at (202) 482-0572
(Japan) or Elizabeth Bremer at (202) 482-4987 (Spain); AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on July 23, 2021, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of methionine from Japan and Spain.\1\ On September 7,
2021, the ITC notified Commerce of its final determinations, pursuant
to section 735(d) of the Act, 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 LTFV imports of methionine from Japan and Spain, and
its negative critical circumstances finding with
[[Page 51120]]
respect to dumped imports of methionine from Spain.\2\
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\1\ See Methionine from Japan: Final Affirmative Determination
of Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances, 86 FR 38983 (July 23, 2021) and accompanying
Issues and Decision Memorandum; see also Methionine from Spain:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, 86 FR
38985 (July 23, 2021), and accompanying Issues and Decision
Memorandum (collectively, Final Determinations).
\2\ See ITC Notification Letter, Investigation Nos. 731-TA-1535-
1536 (Final) dated September 7, 2021 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are methionine from Japan and
Spain. For a complete description of the scope of these orders, see the
appendix to this notice.
Antidumping Duty Orders
On September 7, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of methionine from Japan and
Spain.\3\ Therefore, in accordance with section 735(c)(2) of the Act,
Commerce is issuing these antidumping duty orders. Because the ITC
determined that imports of methionine from Japan and Spain are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Japan and Spain, entered or withdrawn from warehouse
for consumption, are subject to the assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will 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 Japan and Spain. With the exception
of entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of methionine from Japan and Spain
entered, or withdrawn from warehouse, for consumption, on or after
March 4, 2021, the date of publication of the Preliminary
Determinations.\4\
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\4\ See Methionine from Japan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances and Postponement
of Final Determination and Extension of Provisional Measures, 86 FR
12625 (March 4, 2021), and accompanying Preliminary Decision
Memorandum; see also 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) (Spain Preliminary Determination), and accompanying
Preliminary Decision Memorandum (collectively, Preliminary
Determinations).
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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 Japan and Spain. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The relevant all-others rate
applies to all producers or exporters not specifically listed.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of methionine from Spain, we will instruct CBP
to lift suspension and to refund any cash deposits made to secure the
payment of estimated antidumping duties with respect to entries of the
subject merchandise 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 Spain Preliminary Determination), but
before March 4, 2021 (i.e., the date of publication of the Spain
Preliminary Determination).
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.
At the request of exporters that account for a significant proportion
of methionine from Japan and Spain, Commerce extended the four-month
period to six months in each of these investigations. Commerce
published the preliminary determinations in these investigations on
March 4, 2021.\5\
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\5\ See Preliminary Determinations.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on August 31,
2021. Therefore, in accordance with section 733(d) of the Act, Commerce
intends to instruct CBP to terminate the suspension of liquidation and
to liquidate, without regard to antidumping duties, unliquidated
entries of methionine from Japan and Spain entered, or withdrawn from
warehouse, for consumption after August 31, 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 determinations in the Federal Register. Suspension of
liquidation and the collection of cash deposits will resume on the date
of publication of the ITC's final determinations in the Federal
Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Japan
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Sumitomo Chemical Company, Ltd.............................. 76.50
All Others.................................................. 76.50
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Spain
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Adisseo Espa[ntilde]a S.A................................... 37.53
All Others.................................................. 37.53
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
methionine from Japan and Spain pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: September 7, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders is methionine and dl-
Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-
(Methylthio) Butanoic acid (HMTBa),
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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
these orders 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 these
orders. Only the subject component of such commingled products is
covered by the scope of these orders.
Excluded from these orders 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 these orders is dispositive.
[FR Doc. 2021-19709 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 14, 2021.
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