Notice2022-14283
Monosodium Glutamate From the Republic of Indonesia: Notice of Initiation and Preliminary Results of Changed Circumstances Review
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 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a request for a changed circumstances review (CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR of the antidumping duty (AD) order on monosodium glutamate (MSG) from the Republic of Indonesia (Indonesia). We preliminarily determine that PT. Daesang Ingredients Indonesia (PT. Daesang) is the successor-in- interest to PT. Miwon Indonesia (PT. Miwon). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 128 (Wednesday, July 6, 2022)</title>
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[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40182-40183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14283]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-826]
Monosodium Glutamate From the Republic of Indonesia: Notice of
Initiation and Preliminary Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on monosodium glutamate (MSG) from
the Republic of Indonesia (Indonesia). We preliminarily determine that
PT. Daesang Ingredients Indonesia (PT. Daesang) is the successor-in-
interest to PT. Miwon Indonesia (PT. Miwon). Interested parties are
invited to comment on these preliminary results.
DATES: Applicable July 6, 2022.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On November 26, 2014, Commerce published the AD order on MSG from
Indonesia in the Federal Register.\1\ In the most recent administrative
review of the Order covering the period November 1, 2019, through
October 31, 2020, PT. Miwon was assigned the cash deposit rate of 1.60
percent as a mandatory company respondent.\2\
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\1\ See Monosodium Glutamate from the People's Republic of
China, and the Republic of Indonesia: Antidumping Duty Orders; and
Monosodium Glutamate from the Republic of China: Amended Final
Determination of Sales at Less Than Fair Value, 79 FR 70505
(November 26, 2014) (Order).
\2\ See Monosodium Glutamate from the Republic of Indonesia:
Final Results of Antidumping Duty Administrative Review; 2019-2020,
87 FR 18767 (March 31, 2022).
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On March 10, 2022, PT. Daesang requested that Commerce conduct an
expedited CCR to find that PT. Daesang is the successor-in-interest to
PT. Miwon due to a change in the company's name (i.e., PT. Miwon to PT.
Daesang).\3\ In its submission, PT. Daesang addressed the factors
Commerce analyzes with respect to successor-in-interest determinations
in the AD context and provided supporting documentation.\4\ Commerce
received no comments from interested parties on PT. Daesang's CCR
Request.
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\3\ See PT. Daesang's Letter, ``Monosodium Glutamate (MSG) from
Indonesia: Request to Initiate a Successor-in-Interest Changed
Circumstances Review for PT. Daesang Ingredients Indonesia,'' dated
March 10, 2022 (PT. Daesang's CCR Request).
\4\ Id.
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Scope of the Order
The merchandise covered by the Order is MSG from Indonesia. For a
full description of the merchandise covered by the scope of the Order,
see the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Initiation and
Preliminary Results of the Changed Circumstances Review of the
Antidumping Duty Order on Monosodium Glutamate from the Republic of
Indonesia: PT. Daesang Ingredients Indonesia,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR upon receipt
of a request from an interested party for a review of an AD order that
shows changed circumstances sufficient to warrant a review of the
order.\6\ The information submitted by PT. Daesang supporting its claim
that PT. Daesang is the successor-in-interest to PT. Miwon demonstrates
changed circumstances sufficient to initiate a review.\7\
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\6\ See 19 CFR 351.216(c).
\7\ See 19 CFR.351.216(d).
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The information submitted by PT. Daesang demonstrates that its
request is based solely on a change in the name of the company from
``PT. Miwon Indonesia'' to ``PT. Daesang Ingredients Indonesia,''
effective November 2021.\8\ Moreover, the evidence submitted in support
of PT. Daesang's request
[[Page 40183]]
demonstrates that PT. Daesang is otherwise the same business entity as
PT. Miwon. Therefore, in accordance with the regulation referenced
above, Commerce is initiating a CCR to determine whether PT. Daesang is
the successor-in-interest to PT. Miwon.
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\8\ See PT. Daesang's CCR Request at Exhibit 2. The specific
effective date of the name change is business proprietary
information and is not available for public summary.
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Preliminary Results of the Changed Circumstances Review
When Commerce concludes that expedited action is warranted, it may
publish the notice of initiation and preliminary results of a CCR
concurrently.\9\ Commerce has combined the notice of initiation and
preliminary results in successor-in-interest cases when sufficient
documentation has been provided supporting the request to make a
preliminary determination.\10\ In this instance, because we have
information on the record to support the request for a preliminary
determination and no other interested party submitted comments, we find
that expedited action is warranted, and we are combining the notice of
initiation and the notice of preliminary results of review, in
accordance with 19 CFR 351.221(c)(3)(ii).
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\9\ See 19 CFR 351.221(c)(3)(ii).
\10\ See, e.g., Certain Frozen Freshwater Shrimp from India:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 85 FR 57192 (September 15, 2020)
(Hyson CCR Initiation and Preliminary Results), unchanged in Certain
Frozen Freshwater Shrimp from India: Notice of Final Results of
Antidumping Duty Changed Circumstances Review, 85 FR 70584 (November
5, 2020) (Hyson CCR Final Results).
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In a CCR, Commerce generally consider a company to be the successor
to another company for AD cash deposit purposes if the operations of
the successor are not materially dissimilar from those of its
predecessor.\11\ In making this determination, Commerce examines a
number of factors including, but not limited to, changes in: (1)
management; (2) production facilities; (3) suppliers; and (4) customer
base.\12\ While no single factor or combination of factors is
dispositive, Commerce will generally consider one company to be the
successor to another if its resulting operations are essentially the
same as that of its predecessor.\13\ Thus, if the evidence demonstrates
that, with respect to the production and sale of the subject
merchandise, the new company operates as the same business entity as
the prior company, Commerce will assign the new company the cash
deposit rate of its predecessor.\14\
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\11\ Id.
\12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Turkey: Notice of Initiation and Preliminary
Results of Changed Circumstances Review, 86 FR 70443 (December 10,
2021) at 86 70444, unchanged in Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey: Final Results of Changed
Circumstances Review, 87 FR 3763 (January 25, 2022).
\13\ Id.
\14\ See, e.g., Hyson CCR Initiation and Preliminary Results,
unchanged in Hyson CCR Final Results.
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In its CCR request, PT. Daesang provided evidence demonstrating
that its operations are not materially dissimilar from those of PT.
Miwon. Based on the record, we preliminarily determine that PT. Daesang
is the successor-in-interest to PT. Miwon. For a complete discussion of
the information that PT. Daesang provided, including business
proprietary information and the complete successor-in-interest
analysis, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Determination Memorandum is included as
the appendix to this notice. The Preliminary Determination 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
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).\15\
Interested parties may submit case briefs no later than 14 days after
the date of publication of this notice.\16\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for case briefs, in accordance with 19 CFR
351.309(d). Parties who submit case or rebuttal briefs in this CCR are
requested to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\17\ All comments are to be filed electronically using
ACCESS, and must be served on interested parties. An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the day it is due.\18\ Please note that
Commerce has temporarily modified certain requirements for serving
documents containing business proprietary information, until further
notice.\19\
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\15\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\16\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ See 19 CFR 351.303(b).
\19\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days of publication of these preliminary
results in the Federal Register if all parties agree to this
preliminary finding.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i) of the
Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3).
Dated: June 28, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances
Review
V. Success-in-Interest Determination
VI. Conclusion
VII. Recommendation
[FR Doc. 2022-14283 Filed 7-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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