Notice2023-07477
Monosodium Glutamate From the Republic of Indonesia: Final 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
April 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that PT. Cheil Jedang Indonesia (CJ Indonesia) and PT. Miwon Indonesia (PT. Miwon) \1\ made sales of subject merchandise below normal value. The period of review (POR) is November 1, 2020, through October 31, 2021. ---------------------------------------------------------------------------
Full Text
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<title>Federal Register, Volume 88 Issue 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21175-21176]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07477]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-826]
Monosodium Glutamate From the Republic of Indonesia: Final
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) determines that PT.
Cheil Jedang Indonesia (CJ Indonesia) and PT. Miwon Indonesia (PT.
Miwon) \1\ made sales of subject merchandise below normal value. The
period of review (POR) is November 1, 2020, through October 31, 2021.
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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.
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DATES: Applicable April 10, 2023.
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
On December 6, 2022, Commerce published the preliminary results of
the administrative review of the antidumping duty order on monosodium
glutamate (MSG) from the Republic of Indonesia (Indonesia).\2\ For a
history of events that have occurred since the Preliminary Results, see
the Issues and Decision Memorandum.\3\
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\2\ See Monosodium Glutamate from the Republic of Indonesia:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 74599 (December 6, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Monosodium Glutamate from the Republic of Indonesia; 2019-2020,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is MSG, whether or not blended
or in solution with other products. For a complete description of the
scope of the order, see the Issues and Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised in the case and rebuttal
briefs in the Issues and Decision Memorandum. These issues are
identified in the appendix to this notice. 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes to the margin calculation for PT. Miwon since the
Preliminary Results. Specifically, we have revised our calculation of
the general and administrative expense ratio for PT. Miwon to remove
certain bank charges and revised the comparison market program
accordingly.\4\ There have been no changes to the dumping margin
determined for CJ. Indonesia, which is based on facts available with an
adverse inference.\5\
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\4\ See Memorandum, ``Final Analysis for PT. Miwon Indonesia,''
dated concurrently with this memorandum.
\5\ See Preliminary Results PDM at 3-6.
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Final Results of Review
As a result of this administrative review, we determine the
following weighted-average dumping margins for the period November 1,
2020, through October 31, 2021:
[[Page 21176]]
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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 14.34
Indonesia \6\..........................................
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* Rate based on adverse facts available.
Disclosure
Commerce intends to disclose the calculations performed for PT.
Miwon in these final results to interested parties within five days of
the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b). We will not release calculations for
CJ Indonesia, because there have been no changes since the Preliminary
Results.
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\6\ 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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Assessment
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this administrative review. 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).
Where the respondent reported reliable entered values, Commerce
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\7\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to a specific importer or customer
by the total sales quantity associated with those transactions,
Commerce will direct CBP to assess importer- (or customer-) specific
assessment rates based on the resulting per-unit rates.\8\ Where an
importer- (or customer-) specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50 percent), Commerce will instruct
CBP to collect the appropriate duties at the time of liquidation.\9\
Where an importer- (or customer-) specific ad valorem or per-unit rate
is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\10\
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\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
\9\ Id.
\10\ See 19 CFR 351.106(c)(2).
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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 CJ Indonesia or PT. Miwon for
which the respondent 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\
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\11\ See Monosodium Glutamate from the Republic of Indonesia:
Final Determination of Sales at Less Than Fair Value, 79 FR 58329
(September 29, 2014) (MSG from Indonesia Investigation Final
Determination).
\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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of this administrative
review 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 in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) for the companies covered by this review,
the cash deposit rate will be the rates listed above in the section
``Final Results of Review''; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published in a completed segment for the
most recent POR; (3) if the exporter is not a firm covered in this
review or in the original investigation, but the producer is, the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers 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 MSG from Indonesia Investigation Final Determination.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the 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
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: April 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: PT. Miwon's Interest Income Offset
Comment 2: PT. Miwon's Revised General and Administrative (G&A)
Ratio
VI. Recommendation
[FR Doc. 2023-07477 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 10, 2023.
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