Notice2023-22237
Methionine From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
October 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) made sales of methionine from Spain at less than normal value (NV) during the period of review (POR) March 4, 2021, through August 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 193 (Friday, October 6, 2023)</title>
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[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69616-69618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22237]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-822]
Methionine From Spain: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) made sales of
methionine from Spain at less than normal value (NV) during the period
of review (POR) March 4, 2021, through August 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 6, 2023.
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 September 1, 2022, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the
antidumping duty (AD) order on methionine from Spain.\2\ On November 3,
2022, based on a timely request for an administrative review,\3\
Commerce initiated an administrative review with respect to Adisseo
Espa[ntilde]a.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 53719, 53720
(September 1, 2022).
\2\ See Methionine from Japan and Spain: Antidumping Duty
Orders, 86 FR 51119 (September 14, 2021) (Order).
\3\ See Adisseo Espa[ntilde]a's Letter, ``Adisseo Espa[ntilde]a
S.A. and Adisseo USA Inc.'s Request for Administrative Review,''
dated September 30, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275, 66278 (November 3, 2022), and
amended by Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50, 53 n.5 (January 3, 2023).
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On May 22, 2023, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2),
Commerce extended the deadline for completing these preliminary results
to September 29, 2023.\5\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\6\
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\5\ See Memorandum, ``Methionine from Spain: Extension of
Deadline for the Preliminary Results of the 2021-2022 Antidumping
Duty Administrative Review,'' dated May 22, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review; 2021-2022:
Methionine from Spain,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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A list of the topics included in the Preliminary Decision
Memorandum is included as the appendix to this notice. The Preliminary
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 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>.
Scope of the Order
The merchandise covered by the scope of the Order is methionine
from Spain. A complete description of the scope of the Order is
contained in the Preliminary Decision Memorandum.\7\
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\7\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export price is calculated in accordance
with section 772 of the Act and NV is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period March 4, 2021, through
August 31, 2022:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Adisseo Espa[ntilde]a S.A................................... 35.59
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[[Page 69617]]
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify certain information reported by Adisseo Espa[ntilde]a prior to
issuing its final results.
Disclosure and Public Comment
Commerce will disclose calculations performed in connection with
these preliminary results to interested parties within five days of the
date of publication of this notice, in accordance with 19 CFR
351.224(b).
Interested parties may submit case briefs or other written comments
no later than seven days after the date on which the last verification
report is issued in this administrative review.\8\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the date for filing case briefs.\9\ Parties who submit
case or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d); see also See Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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Pursuant to 19 CFR 351.310(c), 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, within 30 days of 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 issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. An electronically-filed
hearing request must be received successfully in its entirety via
ACCESS by 5:00 p.m. Eastern Time on the established deadline. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\10\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\10\ See 19 CFR 351.310(d).
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All submissions should be filed using ACCESS \11\ and must be
served on interested parties.\12\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\13\
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\11\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule.
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Final Results of Review
Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case and rebuttal briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless extended.
Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\14\ If the weighted-average dumping margin for Adisseo
Espa[ntilde]a is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we will calculate importer-
specific ad valorem assessment rates for the merchandise based on the
ratio of the total amount of dumping calculated for the examined sales
made during the POR to each importer and the total entered value of
those same sales, in accordance with 19 CFR 351.212(b)(1). Where either
the respondent's weighted-average dumping margin or an importer-
specific rate is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Adisseo
Espa[ntilde]a for which the producer did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate, i.e., 37.53 percent determined in the
less-than-fair-value (LTFV) investigation,\16\ if there is no rate for
the intermediate company (or companies) involved in the
transaction.\17\
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\16\ See Order, 86 FR at 51120.
\17\ 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 cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Adisseo
Espa[ntilde]a will be equal to the weighted-average dumping margin
established in the final results of this administrative review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (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 recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
in the LTFV 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
the all-others rate of 37.53 percent, established in the LTFV
investigation of this proceeding.\18\
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\18\ See Order, 86 FR at 51120.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
[[Page 69618]]
Dated: September 29, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-22237 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 6, 2023.
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