Notice2022-26491
Monosodium Glutamate From the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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
December 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of monosodium glutamate (MSG) from the Republic of Indonesia (Indonesia) have been made below normal value during the period of review (POR), November 1, 2020, through October 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74599-74600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26491]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-826]
Monosodium Glutamate From the Republic of Indonesia: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of monosodium glutamate (MSG) from the Republic
of Indonesia (Indonesia) have been made below normal value during the
period of review (POR), November 1, 2020, through October 31, 2021. We
invite interested parties to comment on these preliminary results.
DATES: Applicable December 6, 2022.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on MSG from Indonesia covering two respondents: PT. Cheil
Jedang Indonesia (CJ Indonesia) and PT. Miwon Indonesia (PT. Miwon).\1\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\2\ On July 11,
2022, we extended the deadline for these preliminary results until no
later than November 30, 2022.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021). On August
26, 2022, Commerce published the final results of a changed
circumstances review of MSG from Indonesia. Commerce found that PT.
Daesang Ingredients Indonesia (PT. Daesang) is the successor-in-
interest to PT. Miwon. See Monosodium Glutamate from the Republic of
Indonesia: Final Results of Changed Circumstances Review, 87 FR
52506 (August 26, 2022) (MSG from Indonesia CCR). Because the
effective date of this decision was after the POR, we continue to
reference the respondent here as PT. Miwon.
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Monosodium
Glutamate from the Republic of Indonesia; 2020-20201'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
\3\ See Memorandum, ``Monosodium Glutamate from Indonesia:
Extension of Deadline for Preliminary Results of Review,'' dated
July 16, 2021.
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Scope of the Order \4\
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\4\ See Monosodium Glutamate from the People's Republic of
China, and the Republic of Indonesia: Antidumping Duty Orders; and
Monosodium Glutamate from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, 79 FR 70505
(November 26, 2014) (Order).
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The merchandise 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 the
Order 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 the 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. For a full description of the scope of the
Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act. Further, because CJ Indonesia failed to cooperate to
the best of its ability in responding to our requests for information,
we relied on facts available, with adverse inferences, in determining
this company's dumping margin, consistent with section 776 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included as an
appendix to this notice. The Preliminary Decision Memorandum 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>.\5\
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\5\ As noted above, on August 26, 2022, Commerce published the
final results of a changed circumstances review of MSG from
Indonesia. Commerce found that PT. Daesang is the successor-in-
interest to PT. Miwon. See MSG from Indonesia CCR. Cash deposits of
estimated antidumping duties required pursuant to the final results
of this review will be applied to PT. Daesang. Liquidation
instructions for the POR will be issued for PT. Miwon.
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Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margins for the period November 1, 2020,
through October 31, 2021:
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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PT. Cheil Jedang Indonesia.................................. * 58.67
PT. Daesang Ingredients Indonesia and PT. Miwon Indonesia 14.61
\5\........................................................
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* Rate based on adverse facts available.
Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b). Interested parties
are invited to comment on the preliminary results of this review.
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed later than seven days after the date for filing
case briefs.\6\ Parties who submit case briefs or rebuttal briefs in
this review are requested to submit with each brief: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\7\ Case and rebuttal briefs should be filed using ACCESS
and must be served on
[[Page 74600]]
interested parties.\8\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\9\
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\6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)'').).
\7\ See 19 CFR 351.309(c)(2), (d)(2).
\8\ See 19 CFR 351.303 (for general filing requirements).
\9\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing schedule. Interested parties who wish to request
a hearing, or to participate if one is requested, must submit a written
request to the Assistant Secretary for Enforcement and Compliance,
filed electronically via ACCESS within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case briefs.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\10\ If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), then Commerce will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis in the final results,
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\10\ See 19 CFR 351.212(b).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise that entered the United States
during the POR that were produced by PT. Miwon for which PT. Miwon did
not know that its merchandise was destined to the United States,
Commerce will instruct CBP to liquidate unreviewed entries at the all-
others rate of 6.19 percent,\11\ if there is no rate for the
intermediate company(ies) involved in the transaction.\12\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of subject merchandise covered by the
final results of this review, where applicable.
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\11\ See Order.
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of MSG from Indonesia entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 6.19 percent, the
all-others rate established in the investigation.\13\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Order.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of The Methodology
VI. Normal Value
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-26491 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 6, 2022.
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