Notice2024-07532
Methionine From Spain: Final 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
April 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a), the sole producer and exporter subject to this administrative review, made sales of methionine from Spain at less-than-normal value (LTFV) during the period of review (POR), March 4, 2021, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024)</title>
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[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25234-25235]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07532]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-822]
Methionine From Spain: Final 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) determines that
Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a), the sole producer
and exporter subject to this administrative review, made sales of
methionine from Spain at less-than-normal value (LTFV) during the
period of review (POR), March 4, 2021, through August 31, 2022.
DATES: Applicable April 10, 2024.
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 October 6, 2023, Commerce published the Preliminary Results in
the Federal Register, and invited comments from interested parties.\1\
A complete summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, are discussed in the Issues
and Decision Memorandum.\2\ Commerce conducted this administrative
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act). On January 26, 2024, we extended the deadline for
these final results to no later than April 3, 2024.\3\
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\1\ See Methionine from Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022, 88 FR 69616
(October 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Methionine from Spain; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative Review,'' dated January
26, 2024.
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Scope of the Order <SUP>4</SUP>
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\4\ See Methionine from Japan and Spain: Antidumping Duty
Orders, 86 FR 51119 (September 14, 2021) (Order).
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The merchandise covered by the Order is methionine from Spain. For
a complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of the Comments Received
A list of the issues raised by interested parties, to which we
responded in the Issues and Decision Memorandum, is provided 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 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 a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculation
for Adisseo Espa[ntilde]a.\5\
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\5\ For a full description of changes, see Issues and Decision
Memorandum.
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Final Results of Review
As a result of this review, we determine the following estimated
weighted-average dumping margin exists for the period March 4, 2021,
through August 31, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Adisseo Espa[ntilde]a S.A.................................. 9.24
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in these final results within five days
of the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these final results.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio
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of the total amount of dumping calculated for the examined sales to the
total entered value of the sales for which entered value was reported.
Where the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR for which the reviewed company
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\6\
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\6\ 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 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 that
is established in the ``Final Results of Review;'' (2) for previously
investigated or reviewed exporters not subject to this review, 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 the LTFV investigation, but the producer is,
the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 37.53 percent ad valorem, the all-others
rate established in the LTFV investigation.\7\
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\7\ 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 Regarding the Reimbursement of Duties
This notice also 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 the 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(2).
Dated: April 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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: Recoding of Adisseo Espa[ntilde]a's Home Market Level
of Trade
Comment 2: Application of Adverse Facts Available to Adisseo
Espa[ntilde]a's Home Market
Comment 3: Recalculation of Adisseo Espa[ntilde]a's U.S.
Indirect Selling Expenses
Comment 4: Rejection the Adjustment for Adisseo Espa[ntilde]a's
U.S. Credit, Inventory Carrying Costs, and Bank Charge Rate
Comment 5: Exclusion of Adisseo Espa[ntilde]a's Certain Home
Market Sales Outside the Ordinary Course of Trade
VI. Recommendation
[FR Doc. 2024-07532 Filed 4-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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