[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82210-82212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23502]


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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\
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    \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).
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    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\
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    \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).
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Scope of the Order <SUP>8</SUP>
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    \8\ See Order, 86 FR at 51120-21.
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    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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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\
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    \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).
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    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\
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    \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.
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    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\
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    \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).
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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 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\
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    \17\ See Order, 86 FR at 51120.
    \18\ 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, 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.
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    \19\ See Order, 86 FR at 51120.
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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]
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