Notice of Final Determination of Sales at Less Than Fair Value: Glycine from the Republic of Korea, 67275-67276 [E7-23144]

Download as PDF Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–580–858] Notice of Final Determination of Sales at Less Than Fair Value: Glycine from the Republic of Korea Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 28, 2007. SUMMARY: The Department of Commerce determines that imports of glycine from the Republic of Korea are being, or are likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted– average dumping margins are listed below in the section entitled ‘‘Final Determination of Investigation.’’ FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Richard Rimlinger, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0665 or (202) 482–4477, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On September 13, 2007, the Department of Commerce (the Department) published the preliminary determination of sales at less than fair value (LTFV) in the antidumping investigation of glycine from the Republic of Korea. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Glycine from the Republic of Korea, 72 FR 52345 (September 13, 2007) (Preliminary Determination). We invited parties to comment on Preliminary Determination. We did not receive any case or rebuttal briefs from any interested parties. Period of Investigation The period of investigation is January 1, 2006, through December 31, 2006. ebenthall on PRODPC61 with NOTICES Scope of Investigation The merchandise covered by this investigation is glycine, which in its solid (i.e., crystallized) form is a free– flowing crystalline material. Glycine is used as a sweetener/taste enhancer, buffering agent, reabsorbable amino acid, chemical intermediate, metal complexing agent, dietary supplement, and is used in certain pharmaceuticals. The scope of this investigation covers glycine in any form and purity level. Although glycine blended with other VerDate Aug<31>2005 15:18 Nov 27, 2007 Jkt 214001 materials is not covered by the scope of this investigation, glycine to which relatively small quantities of other materials have been added is covered by the scope. Glycine’s chemical composition is C2H5NO2 and is normally classified under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the United States (HTSUS). The scope of this investigation also covers precursors of dried crystalline glycine including, but not limited to, glycine slurry (i.e., glycine in a non– crystallized form) and sodium glycinate. Glycine slurry is classified under the same HTSUS subheading as crystallized glycine (2922.49.4020) and sodium glycinate is classified under subheading HTSUS 2922.49.8000. While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this investigation is dispositive. Adverse Facts Available For the final determination, we continue to find that, by failing to provide information we requested, a producer and/or exporter of glycine from the Republic of Korea, Korea Bio– Gen Co., Ltd., also a mandatory respondent in this investigation, did not act to the best of its ability in responding to our questionnaire. Thus, the Department continues to find that the use of adverse facts available is warranted for this company under sections 776 (a)(2) and (b) of the Act. See Preliminary Determination, 72 FR at 52346. As we explained in Preliminary Determination, the rate of 138.83 percent we selected as the adverse facts–available rate is the highest margin alleged in the petition, as recalculated in the April 19, 2007, ‘‘Office of AD/ CVD Operations Initiation Checklist for the Antidumping Duty Petition on Glycine from the Republic of Korea’’ (the Initiation Checklist) on file in Import Administration’s Central Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. See also Petition for the Imposition of Antidumping Duties on Imports of Glycine from India, Japan, and the Republic of Korea filed on March 30, 2007 (the Petition), and the April 3, 12, 13, 17, and 18, 2007, supplements to the Petition filed on behalf of Geo Specialty Chemicals, Inc. We included the range of margins we re–calculated in the Initiation Checklist in Glycine from India, Japan, and the Republic of Korea: Initiation of Antidumping Duty Investigations, 72 FR 20816 (April 26, 2007) (Initiation Notice). Further, as discussed in Preliminary Determination, we PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 67275 corroborated the adverse facts–available rate pursuant to section 776(c) of the Act. All–Others Rate Section 735(c)(5)(B) of the Act provides that, where the estimated weighted–average dumping margins established for all exporters and producers individually investigated are zero or de minimis or are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated all– others rate for exporters and producers not individually investigated. Our recent practice under these circumstances has been to assign, as the all–others rate, the simple average of the margins in the petition. See Notice of Final Determinations of Sales at Less Than Fair Value: Certain Cold–Rolled Flat–Rolled Carbon–Quality Steel Products From Argentina, Japan and Thailand, 65 FR 5520, 5527–28 (February 4, 2000); see also Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coil from Canada, 64 FR 15457 (March 31, 1999), and Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coil from Italy, 64 FR 15458, 15459 (March 31, 1999). Consistent with our practice we calculated a simple average of the rates in the Petition, as recalculated in the Initiation Checklist at Attachment VI and as listed in Initiation Notice, and assigned this rate to all other manufacturers/exporters. For details of these calculations, see the memorandum from Dmitry Vladimirov to the File entitled ‘‘Antidumping Duty Investigation on Glycine from the Republic of Korea - Analysis Memo for All–Others Rate,’’ dated September 6, 2007. Final Determination of Investigation We determine that the following weighted–average dumping margins exist for the period January 1, 2006, through December 31, 2006: Manufacturer or Exporter Korea Bio–Gen Co., Ltd. ............ All–Others ................................... Margin (percent) 138.83 138.60 Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.211(b)(1), we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise from the Republic of Korea entered, or withdrawn from warehouse, E:\FR\FM\28NON1.SGM 28NON1 67276 Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices for consumption on or after September 13, 2007, the date of the publication of Preliminary Determination. We will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted–average margin, as indicated in the chart above, as follows: (1) the rate for the mandatory respondent will be the rate we have determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 138.60 percent. These suspension–of-liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination. As our final determination is affirmative and in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, 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 the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess 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. ebenthall on PRODPC61 with NOTICES Notification Regarding APO This notice also serves as a reminder to 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. Timely notification of return/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. This determination is issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. VerDate Aug<31>2005 15:18 Nov 27, 2007 Jkt 214001 Dated: November 20, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–23144 Filed 11–27–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–507–601] Certain In–shell Roasted Pistachios from the Islamic Republic of Iran: Preliminary Results of Countervailing Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a new shipper review of the countervailing duty (CVD) order on certain in–shell roasted pistachios from the Islamic Republic of Iran (Iran) for the period January 1, 2006, through December 31, 2006. For information on the net subsidy rate for the reviewed company, please see the ‘‘Preliminary Results of Review’’ section of this notice. Interested parties are invited to comment on these preliminary results. (See the ‘‘Public Comment’’ section of this notice). EFFECTIVE DATE: November 28, 2007. FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–4161. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 7, 1986, the Department published in the Federal Register the countervailing duty order on certain in– shell roasted pistachios from Iran. See Final Affirmative Countervailing Duty Determination and Countervailing Duty Order: Roasted In–shell Pistachios from Iran, 51 FR 35679 (October 7, 1986). On March 21, 2007, the Department received a timely request for a new shipper review from Kerman Corporation (Kerman) on behalf of Ahmadi’s Agricultural Productions, Processing and Trade Complex (Ahmadi). See Letter from Ali R. Ahmadi, Kerman Corporation, dated March 21, 2007. On June 1, 2007, the Department published the notice of initiation of this new shipper review for the period of review (POR) of January 1, 2006, through December 31, 2006. See PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Certain In–shell Roasted Pistachios from the Islamic Republic of Iran: Notice of Initiation of Countervailing Duty New Shipper Review, 72 FR 30547 (June 1, 2007). On June 6, 2007, we issued our initial questionnaire to the Government of Iran (GOI) and Ahmadi, to which Ahmadi and the GOI submitted responses on August 3 and September 14, 2007, respectively. On September 10, 2007, the Department issued a supplemental questionnaire to Ahmadi and Ahmadi submitted a response on October 1, 2007. On October 3, 2007, the Department issued a supplemental questionnaire to the GOI. The GOI did not respond to the supplemental questionnaire. On October 4, 2007, the Western Pistachio Commission (petitioner) submitted additional subsidy allegations regarding certain programs provided by the GOI. On November 13, 2007, the Department issued supplemental questions to petitioners regarding their additional subsidy allegations. The supplemental information is due to the Department on November 27, 2007, and will be addressed in the final results of this proceeding. On November 13, 2007, petitioner submitted comments regarding the Department’s preliminary results. The Department intends to address these concerns as part of the Public Comment phase of this proceeding, as discussed below. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(a), this new shipper review covers only merchandise produced and exported by Ahmadi, for which a review was specifically requested. Scope of Order The product covered by this order is all roasted in–shell pistachio nuts, whether roasted in Iran or elsewhere, from which the hulls have been removed, leaving the inner hard shells and edible meat, as currently classifiable in the Harmonized Tariff Schedules of the United States (HTSUS) under item number 0802.50.20.00. The HTSUS subheading is provided for convenience and customs purposes. The written description of the scope of this proceeding is dispositive. Analysis of Programs I. Programs Preliminarily Determined to Be Not Used Based on the information supplied by Kerman on behalf of Ahmadi, we preliminarily determine that the programs listed below were not used during the POR. E:\FR\FM\28NON1.SGM 28NON1

Agencies

[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67275-67276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23144]



[[Page 67275]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-858]


Notice of Final Determination of Sales at Less Than Fair Value: 
Glycine from the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 28, 2007.
SUMMARY: The Department of Commerce determines that imports of glycine 
from the Republic of Korea are being, or are likely to be, sold in the 
United States at less than fair value, as provided in section 735 of 
the Tariff Act of 1930, as amended (the Act). The final weighted-
average dumping margins are listed below in the section entitled 
``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Richard 
Rimlinger, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0665 or (202) 482-4477, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2007, the Department of Commerce (the Department) 
published the preliminary determination of sales at less than fair 
value (LTFV) in the antidumping investigation of glycine from the 
Republic of Korea. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Glycine from the Republic of Korea, 72 FR 52345 
(September 13, 2007) (Preliminary Determination). We invited parties to 
comment on Preliminary Determination. We did not receive any case or 
rebuttal briefs from any interested parties.

Period of Investigation

    The period of investigation is January 1, 2006, through December 
31, 2006.

Scope of Investigation

    The merchandise covered by this investigation is glycine, which in 
its solid (i.e., crystallized) form is a free-flowing crystalline 
material. Glycine is used as a sweetener/taste enhancer, buffering 
agent, reabsorbable amino acid, chemical intermediate, metal complexing 
agent, dietary supplement, and is used in certain pharmaceuticals. The 
scope of this investigation covers glycine in any form and purity 
level. Although glycine blended with other materials is not covered by 
the scope of this investigation, glycine to which relatively small 
quantities of other materials have been added is covered by the scope. 
Glycine's chemical composition is C2H5NO2 
and is normally classified under subheading 2922.49.4020 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    The scope of this investigation also covers precursors of dried 
crystalline glycine including, but not limited to, glycine slurry 
(i.e., glycine in a non-crystallized form) and sodium glycinate. 
Glycine slurry is classified under the same HTSUS subheading as 
crystallized glycine (2922.49.4020) and sodium glycinate is classified 
under subheading HTSUS 2922.49.8000.
    While HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this investigation is 
dispositive.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to provide information we requested, a producer and/or exporter of 
glycine from the Republic of Korea, Korea Bio-Gen Co., Ltd., also a 
mandatory respondent in this investigation, did not act to the best of 
its ability in responding to our questionnaire. Thus, the Department 
continues to find that the use of adverse facts available is warranted 
for this company under sections 776 (a)(2) and (b) of the Act. See 
Preliminary Determination, 72 FR at 52346. As we explained in 
Preliminary Determination, the rate of 138.83 percent we selected as 
the adverse facts-available rate is the highest margin alleged in the 
petition, as recalculated in the April 19, 2007, ``Office of AD/CVD 
Operations Initiation Checklist for the Antidumping Duty Petition on 
Glycine from the Republic of Korea'' (the Initiation Checklist) on file 
in Import Administration's Central Records Unit, Room 1870, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230. See also Petition for the Imposition of 
Antidumping Duties on Imports of Glycine from India, Japan, and the 
Republic of Korea filed on March 30, 2007 (the Petition), and the April 
3, 12, 13, 17, and 18, 2007, supplements to the Petition filed on 
behalf of Geo Specialty Chemicals, Inc. We included the range of 
margins we re-calculated in the Initiation Checklist in Glycine from 
India, Japan, and the Republic of Korea: Initiation of Antidumping Duty 
Investigations, 72 FR 20816 (April 26, 2007) (Initiation Notice). 
Further, as discussed in Preliminary Determination, we corroborated the 
adverse facts-available rate pursuant to section 776(c) of the Act.

All-Others Rate

    Section 735(c)(5)(B) of the Act provides that, where the estimated 
weighted-average dumping margins established for all exporters and 
producers individually investigated are zero or de minimis or are 
determined entirely under section 776 of the Act, the Department may 
use any reasonable method to establish the estimated all-others rate 
for exporters and producers not individually investigated. Our recent 
practice under these circumstances has been to assign, as the all-
others rate, the simple average of the margins in the petition. See 
Notice of Final Determinations of Sales at Less Than Fair Value: 
Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From 
Argentina, Japan and Thailand, 65 FR 5520, 5527-28 (February 4, 2000); 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Plate in Coil from Canada, 64 FR 15457 (March 
31, 1999), and Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Plate in Coil from Italy, 64 FR 15458, 15459 
(March 31, 1999). Consistent with our practice we calculated a simple 
average of the rates in the Petition, as recalculated in the Initiation 
Checklist at Attachment VI and as listed in Initiation Notice, and 
assigned this rate to all other manufacturers/exporters. For details of 
these calculations, see the memorandum from Dmitry Vladimirov to the 
File entitled ``Antidumping Duty Investigation on Glycine from the 
Republic of Korea - Analysis Memo for All-Others Rate,'' dated 
September 6, 2007.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period January 1, 2006, through December 31, 2006:

------------------------------------------------------------------------
                                                                Margin
                  Manufacturer or Exporter                     (percent)
------------------------------------------------------------------------
Korea Bio-Gen Co., Ltd......................................      138.83
All-Others..................................................      138.60
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.211(b)(1), we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from the Republic of Korea entered, or withdrawn from 
warehouse,

[[Page 67276]]

for consumption on or after September 13, 2007, the date of the 
publication of Preliminary Determination. We will instruct CBP to 
require a cash deposit or the posting of a bond equal to the weighted-
average margin, as indicated in the chart above, as follows: (1) the 
rate for the mandatory respondent will be the rate we have determined 
in this final determination; (2) if the exporter is not a firm 
identified in this investigation but the producer is, the rate will be 
the rate established for the producer of the subject merchandise; (3) 
the rate for all other producers or exporters will be 138.60 percent. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, 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 the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess 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.

Notification Regarding APO

    This notice also serves as a reminder to 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. Timely notification of return/
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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: November 20, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23144 Filed 11-27-07; 8:45 am]
BILLING CODE 3510-DS-S