This PDF is the current document as it appeared on Public Inspection on 08/04/2017 at 08:45 am.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on monosodium glutamate (MSG) from the People's Republic of China (PRC) covering the period of review (POR) November 1, 2015, through October 31, 2016. This review covers 27 manufacturers/exporters (the companies) of the subject merchandise. Because none of these companies filed a separate rate application (SRA) and/or a separate rate certification (SRC), the Department preliminarily finds that the companies are part of the PRC-wide entity. We invite interested parties to comment on these preliminary results.
Applicable August 7, 2017.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone at (202) 482-5484.End Further Info End Preamble Start Supplemental Information
On November 4, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on MSG from the PRC. In response, on November 29, 2016, Ajinomoto North America, Inc. (the petitioner) requested a review of 27 companies. The Department initiated a review of all 27 companies on January 13, 2017. For a list of these companies, please see Appendix I. The deadline for interested parties to submit an SRA or an SRC was February 13, 2017. No party timely submitted an SRA or an SRC. Thereafter, the petitioner submitted comments on the Department's selection of respondents, encouraging the Department to employ its customary policy to treat companies as a part of the country-wide entity in reviews where no party submits an SRA or SRC.
Scope of the Order
The product 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 this scope 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 this 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. MSG in monohydrate form has a molecular formula of C5 H8 NO4 Na-H2 O, a Chemical Abstract Service (CAS) registry number of 6106-04-3, and a Unique Ingredient Identifier (UNII) number of W81N5U6R6U. MSG in anhydrous form has a molecular formula of C5 H8 NO4 Na, a CAS registry number of l42-47-2, and a UNII number of C3C196L9FG. Merchandise covered by the scope of this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2922.42.10.00. Merchandise subject to the order may also enter under HTS subheadings 2922.42.50.00, 2103.90.72.00, 2103.90.74.00, 2103.90.78.00, 2103.90.80.00, and 2126.96.36.199. The tariff classifications, CAS registry numbers, and UNII numbers are provided for convenience and customs purposes; however, the written description of the scope is dispositive.
The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213.
Preliminary Results of Review
The Department's policy regarding conditional review of the PRC-wide entity applies to this administrative review. Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. The Department preliminarily determines that the 27 companies subject to review are part of the PRC-wide entity. None of the 27 companies filed an SRA or an SRC. No review has been requested for the PRC-wide entity. Therefore, the Department preliminarily determines that these companies have not demonstrated their eligibility for separate rate status and are part of the PRC-wide entity. The PRC-wide entity rate is 40.41 percent.
Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), within 30 days after the date of publication of these preliminary results of review. ACCESS is available to registered users at http://access.trade.gov and is available to all Start Printed Page 36731parties in the Central Records Unit in Room B8024 of the main Commerce building. Rebuttal briefs, limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs. Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities.
Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Department 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. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. The Department 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 briefs, within 120 days of publication of these preliminary results in the Federal Register, unless extended, pursuant to section 751(a)(3)(A) of the Act.
Upon issuance of the final results of this review, the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review. We intend to instruct CBP to liquidate entries containing subject merchandise exported by the companies under review that we determine in the final results to be part of the PRC-wide entity at the PRC-wide rate of 40.41 percent. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of this review in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For companies that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity (i.e., 40.41 percent); and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a reminder to importers of their responsibility under 19 CFR 315.402(f)(2) 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 the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
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) and 351.221(b)(4).Start Signature
Dated: August 1, 2017.
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
List of Companies Covered by This Review
1. Anhui Fresh Taste International Trade Co., Ltd.
2. Baoji Fufeng Biotechnologies Co., Ltd.
3. Blu Logistics (China) Co., Ltd.
4. Bonroy Group Limited
5. Forehigh Trade and Industry Co., Ltd.
6. Fujian Province Jianyang Wuyi MSG Co., Ltd.
7. Golden Banyan Foodstuffs Industry Co., Ltd.
8. Henan Lotus Flower Gourmet Powder Co.
9. Hong Kong Sungiven International Food Co., Limited
10. Hulunbeier Northeast Fufeng Biotechnologies Co., Ltd.
11. K&S Industry Limited
12. King Cheong Hong International
13. Langfang Meihua Bio-Technology Co., Ltd.
14. Liangshan Linghua Biotechnology Co., Ltd.
15. Lotus Health Industry Holding Group
16. Meihua Group International Trading (Hong Kong) Limited
17. Meihua Holdings Group Co., Ltd., Bazhou Branch
18. Neimenggu Fufeng Biotechnologies Co., Ltd.
19. Pudong Prime Int'l Logistics, Inc.
20. Qinhuangdao Xingtai Trade Co., Ltd.
21. S.D. Linghua M.S.G. Incorporated Co.
22. Shandong Linghua Monosodium Glutamate Incorporated Company
23. Shanghai Totole Food Ltd.
24. Shijiazhuang Standard Imp & Exp Co., Ltd.
25. Sunrise (HK) International Enterprise Limited
26. Tongliao Meihua Biological Sci-Tech Co., Ltd.
27. Zhejiang Medicines & HealthEnd Supplemental Information
1. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 76920 (November 4, 2016).Back to Citation
2. See Ajinomoto's letter, “Monosodium Glutamate from China: Request for Administrative Review,” (November 29, 2016), at attachment 1 which lists 27 companies for which Ajinomoto sought a review.Back to Citation
3. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation Notice).Back to Citation
4. See Initiation Notice.Back to Citation
5. See Ajinomoto's letter, “MSG from China: Comments on Respondent Selection,” (February 15, 2017).Back to Citation
6. See Monosodium Glutamate from the People's Republic of China: Second Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Order, 80 FR 487 (January 6, 2015).Back to Citation
7. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013).Back to Citation
8. See Monosodium Glutamate from the People's Republic of China: Second Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order, 80 FR 487 (January 6, 2015).Back to Citation
[FR Doc. 2017-16576 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P