[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51119-51121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19709]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-879, A-469-822]


Methionine From Japan and Spain: Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty orders on methionine from Japan 
and Spain.

DATES: Applicable September 14, 2021.

FOR FURTHER INFORMATION CONTACT: Robert Scully at (202) 482-0572 
(Japan) or Elizabeth Bremer at (202) 482-4987 (Spain); AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on July 23, 2021, Commerce published its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of methionine from Japan and Spain.\1\ On September 7, 
2021, the ITC notified Commerce of its final determinations, pursuant 
to section 735(d) of the Act, that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of methionine from Japan and Spain, and 
its negative critical circumstances finding with

[[Page 51120]]

respect to dumped imports of methionine from Spain.\2\
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    \1\ See Methionine from Japan: Final Affirmative Determination 
of Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances, 86 FR 38983 (July 23, 2021) and accompanying 
Issues and Decision Memorandum; see also Methionine from Spain: 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, 86 FR 
38985 (July 23, 2021), and accompanying Issues and Decision 
Memorandum (collectively, Final Determinations).
    \2\ See ITC Notification Letter, Investigation Nos. 731-TA-1535-
1536 (Final) dated September 7, 2021 (ITC Notification Letter).
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Scope of the Orders

    The products covered by these orders are methionine from Japan and 
Spain. For a complete description of the scope of these orders, see the 
appendix to this notice.

Antidumping Duty Orders

    On September 7, 2021, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of methionine from Japan and 
Spain.\3\ Therefore, in accordance with section 735(c)(2) of the Act, 
Commerce is issuing these antidumping duty orders. Because the ITC 
determined that imports of methionine from Japan and Spain are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Japan and Spain, entered or withdrawn from warehouse 
for consumption, are subject to the assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of methionine from Japan and Spain. With the exception 
of entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final affirmative injury 
determinations, as further described below, antidumping duties will be 
assessed on unliquidated entries of methionine from Japan and Spain 
entered, or withdrawn from warehouse, for consumption, on or after 
March 4, 2021, the date of publication of the Preliminary 
Determinations.\4\
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    \4\ See 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), and accompanying Preliminary Decision 
Memorandum; see also 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) (Spain Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (collectively, Preliminary 
Determinations).
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Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
intends to instruct CBP to continue to suspend liquidation on all 
relevant entries of methionine from Japan and Spain. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed below. The relevant all-others rate 
applies to all producers or exporters not specifically listed.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of methionine from Spain, we will instruct CBP 
to lift suspension and to refund any cash deposits made to secure the 
payment of estimated antidumping duties with respect to entries of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after December 4, 2020 (i.e., 90 days prior to the 
date of the publication of the Spain Preliminary Determination), but 
before March 4, 2021 (i.e., the date of publication of the Spain 
Preliminary Determination).

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of methionine from Japan and Spain, Commerce extended the four-month 
period to six months in each of these investigations. Commerce 
published the preliminary determinations in these investigations on 
March 4, 2021.\5\
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    \5\ See Preliminary Determinations.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on August 31, 
2021. Therefore, in accordance with section 733(d) of the Act, Commerce 
intends to instruct CBP to terminate the suspension of liquidation and 
to liquidate, without regard to antidumping duties, unliquidated 
entries of methionine from Japan and Spain entered, or withdrawn from 
warehouse, for consumption after August 31, 2021, the final day on 
which the provisional measures were in effect, until and through the 
day preceding the date of publication of the ITC's final affirmative 
injury determinations in the Federal Register. Suspension of 
liquidation and the collection of cash deposits will resume on the date 
of publication of the ITC's final determinations in the Federal 
Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                  Japan
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Sumitomo Chemical Company, Ltd..............................       76.50
All Others..................................................       76.50
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                                  Spain
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Adisseo Espa[ntilde]a S.A...................................       37.53
All Others..................................................       37.53
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
methionine from Japan and Spain pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: September 7, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise covered by these orders is methionine and dl-
Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-
(Methylthio) Butanoic acid (HMTBa),

[[Page 51121]]

regardless of purity, particle size, grade, or physical form. 
Methionine has the chemical formula 
C<INF>5</INF>H<INF>11</INF>NO<INF>2</INF>S, liquid HMTBa has the 
chemical formula C<INF>5</INF>H<INF>10</INF>O<INF>3</INF>S, and dry 
HMTBa has the chemical formula 
(C<INF>5</INF>H<INF>9</INF>O<INF>3</INF>S)<INF>2</INF>Ca.
    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 
these orders if performed in the country of manufacture of the in-
scope methionine or dl-Hydroxy analogue of dl-methionine.
    The scope also includes methionine that is commingled (i.e., 
mixed or combined) with methionine from sources not subject to these 
orders. Only the subject component of such commingled products is 
covered by the scope of these orders.
    Excluded from these orders 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 these orders is dispositive.

[FR Doc. 2021-19709 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DS-P