Methionine: New AD Duty Investigations Deadlines & Scope
The Commerce Department on Aug. 25 published a notice in the Federal Register on its recently initiated antidumping duty investigations on methionine from France (A-427-831), Japan (A-588-879) and Spain (A-469-822).
The International Trade Commission will conduct concurrent investigations to determine whether imports of dumped and illegally subsidized methionine are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Sept. 14, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, currently due in January, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD duty orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
Respondent Selection
Commerce said it will pick respondents for its AD duty investigations based on CBP import data.
Scope of the AD/CVD Investigations
The merchandise covered by these investigations 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 C5 H11 NO2 S, liquid HMTBa has the chemical formula C5 H10 O3 S, and dry HMTBa has the chemical formula (C5 H9 O3 S)2 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 investigations 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 investigations. Only the subject component of such commingled products is covered by the scope of these investigations.
Excluded from these investigations 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 2930.40.0000 and 2930.90.4600 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 numbers are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.
Comments on Scope Due Sept. 8
Participants in the AD/CV duty investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by Sept. 8
Investigations Timetable
Event | AD Duty |
---|---|
Petitions filed | 07/29/20 |
DOC initiation date | 08/18/20 |
ITC prelim determinations* | 09/14/20 |
DOC prelim determinations† | 01/05/21 |
DOC final determinations† | 03/22/21 |
ITC final determinations‡ | 05/06/21 |
Issuance of orders+ | 05/13/21 |
The Commerce Department fact sheet on the initiation of these investigations is (here).