Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 38983 

1See Methionine from Japan: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Preliminary Affirmative Determination 

of Critical Circumstances and Postponement of 

Final Determination and Extension of Provisional 

Measures, 86 FR 12625 (March 4, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Methionine from Japan,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

3See Commerce’s Letter, ‘‘Request for 

Documentation,’’ dated March 17, 2021; see also 

Sumitomo Chemical’s Letter, ‘‘Methionine from 

Japan: Resubmission of March 25, 2021 Verification 

Questionnaire Response,’’ dated April 6, 2021. 

Manufacturer/producer/exporter 

Net 

countervailable 

subsidy rate 

(percent) 

PET Resin From China 

Xingyu ....................................... 7.53 

Dragon Group ........................... 47.56 

All Others .................................. 27.55 

PET Resin From India 

Dhunseri .................................... 5.12 

JBF Industries Limited .............. 153.80 

All Others .................................. 5.12 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to the 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a). Timely written 

notification of the destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(c), 752(b), and 777(i)(1) of the Act. 

Dated: July 16, 2021. 

Christian Marsh, 

Acting 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 Orders 

IV. History of the Orders 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of a Countervailable Subsidy 

2. Net Countervailable Subsidy Rates 

Likely to Prevail 

3. Nature of the Subsidies 

VII. Final Results of Review 

VIII. Recommendation 

[FR Doc. 2021–15662 Filed 7–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–879] 

Methionine From Japan: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Final 

Negative Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

methionine from Japan are being, or are 

likely to be, sold in the United States at 

less than fair value (LTFV) for the 

period of investigation July 1, 2019, 

through June 30, 2020. 

DATES: Applicable July 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Robert Scully, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0572. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 4, 2021, Commerce 

published in the Federal Register the 

preliminary affirmative determination 

in the LTFV investigation of methionine 

from Japan, in which we also postponed 

the final determination until July 19, 

2021.1 We invited interested parties to 

comment on the Preliminary 

Determination. A summary of the events 

that occurred since Commerce 

published the Preliminary 

Determination may be found in the 

Issues and Decision Memorandum.2

Scope of the Investigation 

The product covered by this 

investigation is methionine from Japan. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Analysis of Comments Received 

All the issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. 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 Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/index.html. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 

the information relied upon in making 

this final determination, in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act).3

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received, we have made 

certain changes to the margin 

calculations for Sumitomo Chemical 

Company, Ltd. (Sumitomo Chemical). 

For a discussion of these changes, see 

the Issues and Decision Memorandum. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers and exporters not 

individually investigated shall be equal 

to the weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated excluding 

rates that are zero, de minimis, or 

determined entirely under section 776 

of the Act. 

Commerce calculated an individual 

estimated weighted-average dumping 

margin for Sumitomo Chemical. 

Therefore, the only rate which is not 

zero, de minimis, or determined entirely 

under section 776 of the Act is the rate 

calculated for Sumitomo Chemical. 

Consequently, the rate calculated for 

Sumitomo Chemical is also assigned as 

the rate for all other producers and 

exporters. 


khammond on DSKJM1Z7X2PROD with NOTICES
38984 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 

4See Preliminary Decision Memorandum at 4–7. 

Final Negative Determination of 

Critical Circumstances 

Commerce preliminarily determined 

that critical circumstances exist for 

Sumitomo Chemicals and with respect 

to all other producers/exporters.4 Parties 

submitted comments regarding our 

preliminary critical circumstances 

determination and we have modified 

our critical circumstances finding for 

Sumitomo Chemicals and all other 

producers/exporters for this final 

determination. Thus, in accordance 

with section 735(a)(3) of the Act and 19 

CFR 351.206, Commerce finds that 

critical circumstances do not exist for 

Sumitomo Chemicals or for all other 

producers/exporters. For a full 

description of the methodology and 

results of Commerce’s critical 

circumstances analysis, see the Issues 

and Decision Memorandum. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Sumitomo Chemical Company, 

Ltd ........................................... 76.50 

All Others .................................... 76.50 

Disclosure 

We intend to disclose the calculations 

performed in this final determination 

within five days of the date of 

publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

the liquidation of all appropriate entries 

of subject merchandise, as described in 

Appendix I of this notice, entered, or 

withdrawn from warehouse, for 

consumption on or after March 4, 2021, 

the date of publication in the Federal 

Register of the affirmative Preliminary 

Determination. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), where 

appropriate, we will instruct CBP to 

require a cash deposit for such entries 

of merchandise equal to the estimated 

weighted-average dumping margin or 

estimated all-others rate, as follows: (1) 

The cash deposit rate for the 

respondents listed above will be equal 

to the company-specific estimated 

weighted-average dumping margins 

determined in this final determination; 

(2) if the exporter is not a respondent 

identified above, but the producer is, 

then the cash deposit rate will be equal 

to the company-specific estimated 

weighted-average dumping margin 

established for that producer of the 

subject merchandise; and (3) the cash 

deposit rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Further, because our final critical 

circumstances determination is 

negative, in accordance with section 

735(c)(3) of the Act, we will instruct 

CBP to terminate the retroactive 

suspension of liquidation ordered at the 

Preliminary Determination for 

Sumitomo Chemicals and all other 

producers/exporters and to refund any 

cash deposits required with respect to 

entries of subject merchandise covered 

by the retroactive suspension of 

liquidation. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of the final 

affirmative determination of sales at 

LTFV. Because Commerce’s final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports or 

sales (or the likelihood of sales) for 

importation of methionine no later than 

45 days after this final determination. If 

the ITC determines that such injury 

does not exist, this proceeding will be 

terminated, and all cash deposits posted 

will be refunded and suspension of 

liquidation will be lifted. If the ITC 

determines that such injury does exist, 

Commerce will issue an antidumping 

duty order directing CBP to assess, upon 

further instruction by Commerce, 

antidumping duties on all imports of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation, as 

discussed above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Notification Regarding Administrative 

Protective Orders 

This notice will serve as a final 

reminder to the parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of 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 

This determination and this notice are 

issued and published in accordance 

with sections 735(d) and 777(i)(1) of the 

Act, and 19 CFR 351.210(c). 

Dated: July 19, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is methionine and dl-Hydroxy 

analogue of dl-methionine, also known as 2- 

Hydroxy 4-(Methylthio) Butanoic acid 

(HMTBa), regardless of purity, particle size, 

grade, or physical form. Methionine has the 

chemical formula C5H11NO2S, liquid HMTBa 

has the chemical formula C5H10O3S, and dry 

HMTBa has the chemical formula 

(C5H9O3S)2Ca. 

Subject merchandise also includes 

methionine processed in a third country 

including, but not limited to, refining, 

converting from liquid to dry or dry to liquid 

form, or any other processing that would not 

otherwise remove the merchandise from the 

scope of this investigation if performed in the 

country of manufacture of the in-scope 

methionine or dl-Hydroxy analogue of dlmethionine. 

The scope also includes methionine that is 

commingled (i.e., mixed or combined) with 

methionine from sources not subject to this 

investigation. Only the subject component of 

such commingled products is covered by the 

scope of this investigation. 

Excluded from this investigation is United 

States Pharmacopoeia (USP) grade 

methionine. In order to qualify for this 

exclusion, USP grade methionine must meet 

or exceed all of the chemical, purity, 

performance, and labeling requirements of 

the United States Pharmacopeia and the 

National Formulary for USP grade 

methionine. 

Methionine is currently classified under 

subheadings 2930.40.00.00 and 

2930.90.46.00 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Methionine has the Chemical Abstracts 

Service (CAS) registry numbers 583–91–5, 

4857–44–7, 59–51–8 and 922–50–9. While 

the HTSUS subheadings and CAS registry 

number are provided for convenience and 

customs purposes, the written description of 

the scope of this investigation is dispositive. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 38985 

1See Methionine from Spain: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Preliminary Negative Determination of 

Critical Circumstances, Postponement of Final 

Determination and Extension of Provisional 

Measures, 86 FR 12614 (March 4, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Decision Memorandum for 

the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Methionine from 

Spain,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

3See Commerce’s Letter, ‘‘Remote Verification 

Questionnaire for Adisseo Espan ̃ a,’’ dated March 

29, 2021; see also Adisseo Espan ̃ a’s Letter, 

‘‘Antidumping Investigation of Methionine from 

Spain: Response to the Department’s Remote 

Verification Questionnaire,’’ dated April 6, 2021. 

4For a full description of the methodology and 

results of Commerce’s critical circumstances 

analysis, see Preliminary Determination 

Memorandum at 4. 

5See Commerce’s Letter, ‘‘Product Characteristics 

for Use in Sections B and C Questionnaire 

Responses of Methionine from Spain,’’ dated 

September 25, 2020; see also Preliminary 

Determination PDM at 12. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Final Negative Determination of Critical 

Circumstances 

V. Discussion of the Issues 

Comment 1: Research and Development 

(R&D) Expenses 

Comment 2: Offset to the General & 

Administrative (G&A) Ratio 

Comment 3: ‘‘Other’’ Financial Expenses 

Comment 4: Shutdown Adjustment 

Comment 5: Startup Adjustment 

Comment 6: Packaging Materials/Product 

Characteristics 

Comment 7: Critical Circumstances 

VI. Recommendation 

[FR Doc. 2021–15755 Filed 7–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–822] 

Methionine From Spain: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Final 

Affirmative Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

methionine from Spain are being, or are 

likely to be, sold in the United States at 

less than fair value (LTFV) for the 

period of investigation July 1, 2019, 

through June 30, 2020. Further, 

Commerce determines that critical 

circumstances exist for the sole 

mandatory respondent Adisseo Espan ̃ a 

S.A. (Adisseo Espan ̃ a) and for all other 

producers and exporters. 

DATES: Applicable July 23, 2021. 

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 March 4, 2021, Commerce 

published in the Federal Register the 

preliminary affirmative determination 

in the LTFV investigation of methionine 

from Spain, in which we also postponed 

the final determination until July 19, 

2021.1 Commerce invited interested 

parties to comment on the Preliminary 

Determination. A summary of the events 

that occurred since Commerce 

published the Preliminary 

Determination, may be found in the 

Issues and Decision Memorandum.2

Scope of the Investigation 

The product covered by this 

investigation is methionine from Spain. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

During the course of this 

investigation, Commerce received no 

scope comments from interested parties. 

Therefore, Commerce is not modifying 

the scope language as it appeared in the 

Preliminary Determination. See 

Appendix I for the final scope of the 

investigation. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. 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 Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 

the information relied upon in making 

this final determination, in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act).3

Changes Since Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings 

related to our request for information in 

lieu of verification, we made certain 

changes to the margin calculations with 

respect to Adisseo Espan ̃ a, the sole 

mandatory respondent in this 

investigation. In light of these changes 

to the margin calculations and the 

resulting revised estimated weighted 

average dumping margin for Adisseo 

Espan ̃ a, we have also revised the allothers rate. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. 

Final Affirmative Determination of 

Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, Commerce 

preliminarily determined that critical 

circumstances did not exist for Adisseo 

Espan ̃ a or for all others.4 Commerce did 

not receive any comments in response 

to its preliminary determination with 

respect to critical circumstances. 

However, for this final determination, 

Commerce determines that critical 

circumstances exist, within the meaning 

of section 735(a)(3) of the Act and 19 

CFR 351.206, for imports of methionine 

from Spain exported and/or produced 

by Adisseo Espan ̃ a and imports of 

methionine from Spain produced and/or 

exported by all other companies. For a 

full description of methodology and 

results of Commerce’s final affirmative 

critical circumstances analyses, see 

Issues and Decision Memorandum. 

Product Characteristics 

Commerce preliminary identified 

three criteria for the physical 

characteristics of the subject 

merchandise: (1) Type; (2) form; and (3) 

concentration level of methionine 

content.5 For this final determination, 

we made no changes to physical 

characteristics in our analysis. However, 

because Commerce made a change with 

respect to packaging characteristics in 


khammond on DSKJM1Z7X2PROD with NOTICES