Notice2024-23502
Methionine From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole respondent under review, Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a), sold subject merchandise at less than normal value during the period of review (POR) September 1, 2022, through August 31, 2023. We invite interested parties to comment on the preliminary results of this review.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82210-82212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23502]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-822]
Methionine From Spain: Preliminary Results of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole respondent under review, Adisseo Espa[ntilde]a
S.A. (Adisseo Espa[ntilde]a), sold subject merchandise at less than
normal value during the period of review (POR) September 1, 2022,
through August 31, 2023. We invite interested parties to comment on the
preliminary results of this review.
DATES: Applicable October 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 September 14, 2021, Commerce published the antidumping duty (AD)
order on methionine from Spain.\1\ On September 6, 2023, Commerce
notified interested parties of the opportunity to request an
administrative review of the Order covering the POR.\2\
---------------------------------------------------------------------------
\1\ See Methionine from Japan and Spain: Antidumping Duty
Orders, 86 FR 51119 (September 14, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 60923 (September
6, 2023).
---------------------------------------------------------------------------
On November 15, 2023, based on timely requests for review,\3\
Commerce initiated an administrative review of the Order with respect
to Adisseo Espa[ntilde]a.\4\ On May 10, 2024, Commerce extended the
deadline for issuing the preliminary results of this review until
September 27, 2024, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act).\5\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\6\ The deadline for these preliminary results are now October 4,
2024. For a complete description of the events that occurred subsequent
to initiation of the review, see the Preliminary Decision
Memorandum.\7\
---------------------------------------------------------------------------
\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 29, 2023; see also Petitioner's Letter, ``Request
for Administrative Review,'' dated September 29, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298, 78300 (November 15, 2023).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 10,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Methionine from Spain,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>8</SUP>
---------------------------------------------------------------------------
\8\ See Order, 86 FR at 51120-21.
---------------------------------------------------------------------------
The merchandise covered by the Order is methionine from Spain. For
a full description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated constructed export price in accordance
with section 772 of the Act and normal value in accordance with section
773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is in the
appendix to this notice. The Preliminary Decision Memorandum is a
public document that 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>.
Preliminary Results of Review
Commerce preliminarily finds that the following weighted-average
dumping margin exists for the period September 1, 2022, through August
31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Adisseo Espa[ntilde]a S.A.................................. 0.71
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose under administrative protective order
its calculations and analysis performed to interested parties for these
preliminary results of review within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce via ACCESS no later than 30 days after the date of
publication of these preliminary results of review in the Federal
Register.\9\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed in ACCESS not later
[[Page 82211]]
than five days after the date for filing case briefs.\10\ Interested
parties who submit case briefs or rebuttal briefs in this proceeding
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\13\
---------------------------------------------------------------------------
\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS, by no later than 5 p.m. Eastern Time within
30 days after the date of publication of this notice in the Federal
Register. Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of persons from the party
attending the hearing; and (3) a list of issues to be discussed. Issues
raised in the hearing will be limited to those issues raised in the
respective case briefs. If a hearing is requested, Commerce will
announce the date and time of the hearing. Parties should confirm the
date and time of the hearing two days before the scheduled hearing
date.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in the case and rebuttal briefs, within 120 days of publication of
these preliminary results of review in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act, unless extended.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), upon completion of this administrative review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\14\ If Adisseo Espa[ntilde]a's
weighted-average dumping margin in the final results of this review is
not zero or de minimis (i.e., less than or equal to 0.5 percent), we
will calculate importer-specific ad valorem assessment rates for the
merchandise by dividing the total amount of dumping calculated for all
reviewed sales to the importer by the total entered value of the
merchandise sold to the importer.\15\ Where either Adisseo
Espa[ntilde]a's ad valorem weighted-average dumping margin is zero or
de minimis, or an importer-specific ad valorem assessment rate is zero
or de minimis in the final results of review, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\16\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8102 (February 14, 2012) (Final Modification for Reviews).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Adisseo
Espa[ntilde]a for which it did not know was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate (i.e., 37.53 percent) \17\ in the original less-than-
fair-value (LTFV) investigation if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
---------------------------------------------------------------------------
\17\ See Order, 86 FR at 51120.
\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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, Commerce 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 in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for 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 for Adisseo Espa[ntilde]a
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), then the cash deposit rate will be zero; (2)
for exporters not covered in this review but that were previously
reviewed or investigated in a prior segment of this proceeding, the
cash deposit rate will continue to be the rate assigned to the company
in the most recently-completed segment of this proceeding in which the
producer or exporter was examined; (3) if the exporter of the subject
merchandise does not have a company-specific rate but the producer of
the subject merchandise does, then the cash deposit rate will be the
rate assigned to the producer of the subject merchandise in the most
recently completed segment of this proceeding in which the producer was
examined; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 37.53 percent that
was established in the investigation in this proceeding.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\19\ See Order, 86 FR at 51120.
---------------------------------------------------------------------------
Notification to Importers
This notice 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
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and
[[Page 82212]]
777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 4, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-23502 Filed 10-9-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.