Notice of Final Determination of Sales at Less Than Fair Value: Glycine from India, 16640-16642 [E8-6450]
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16640
Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices
Service:
in an administrative review of an
antidumping duty order 120 days after
the date on which the preliminary
results are published. The Department
may, however, extend the deadline for
completion of the final results of an
administrative review to 180 days if it
determines it is not practicable to
complete the review within the
foregoing time period. See section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).
The Department finds that it is not
practicable to complete the final results
of the administrative review within this
time limit. Specifically, after
coordinating with the interested parties,
the Department is extending the
deadline for the final results to
accommodate parties’ public hearing
requests so that parties may address all
issues. Additionally, the Department
requires additional time to complete the
analysis of certain fact-intensive issues,
such as questions regarding the
selection of surrogate values, raised in
the case briefs. For the reasons noted
above, we are extending the time for the
completion of the final results of this
review by 60 days to June 9, 2008.
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Service Type/Location: Grounds
Maintenance, Janitorial & Facility
Maintenance Services, Loyalhanna &
Conemaugh Dam, 400 Loyalhanna Dam
Road, Saltsburgh, PA.
NPA: The Burnley Workshop of the Poconos,
Inc., Stroudsburg, PA.
Contracting Activity: U.S. Army Corps of
Engineers—Pittsburgh District,
Pittsburgh, PA.
This action does not affect current
contracts awarded prior to the effective
date of this addition or options that may
be exercised under those contracts.
Kimberly M. Zeich,
Director, Program Operations.
[FR Doc. E8–6403 Filed 3–27–08; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–831
Fresh Garlic from the People’s
Republic Republic of China: Extension
of Time Limit for Final Results of the
Twelfth Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 28, 2008.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Matthew Renkey, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482–1394 and (202)
482–2312, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
sroberts on PROD1PC70 with NOTICES
Background
On December 10, 2007, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of this
administrative review. See Fresh Garlic
from the People’s Republic of China:
Notice of Preliminary Results and
Preliminary Partial Rescission of the
Twelfth Administrative Review, 72 FR
69652 (December 10, 2007)
(‘‘Preliminary Results’’). The period of
review for this administrative review is
November 1, 2005, through October 31,
2006. The final results are currently due
on April 8, 2008.
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘Act’’), requires
the Department to issue the final results
VerDate Aug<31>2005
17:57 Mar 27, 2008
Jkt 214001
Dated: March 14, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–6449 Filed 3–27–08; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–845
Notice of Final Determination of Sales
at Less Than Fair Value: Glycine from
India
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 28, 2008.
SUMMARY: On November 7, 2007, the
Department of Commerce published its
preliminary determination and
amended preliminary determination,
respectively, of the investigation of sales
at less than fair value in the
antidumping duty investigation of
glycine from India. See Notice of
Preliminary Determination of Sales at
Less Than Fair Value: Glycine From
India, 72 FR 62827 (November 7, 2007),
and Notice of Amended Preliminary
Determination of Sales at Less Than
AGENCY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Fair Value: Glycine From India, 72 FR
62826 (November 7, 2007).
The Department of Commerce has
determined that glycine from India is
being, or is 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
estimated margins of sales at less than
fair value are listed below in the section
entitled ‘‘Final Determination of
Investigation.’’
FOR FURTHER INFORMATION CONTACT:
George Callen or Richard Rimlinger,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0180 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The preliminary and amended
preliminary determinations in this
investigation were published on
November 7, 2007. See Notice of
Preliminary Determination of Sales at
Less Than Fair Value: Glycine From
India, 72 FR 62827 (November 7, 2007)
(Preliminary Determination), and Notice
of Amended Preliminary Determination
of Sales at Less Than Fair Value:
Glycine From India, 72 FR 62826
(November 7, 2007). Since then, we
determined that an allegation of critical
circumstances submitted by the
petitioner on October 12 and 25, 2007,
was inadequate. See Memorandum from
Kristin Case to Laurie Parkhill dated
November 13, 2007. We have also
conducted sales and cost verifications of
the responses submitted by Paras
Intermediates, Ltd. (Paras). See
Memoranda to the file entitled
‘‘Verification of the Sales Response of
Paras Intermediates Pvt. Ltd. in the
Antidumping Duty Investigation of
Glycine from India’’ dated January 23,
2008, and ‘‘Verification of the Cost
Response of Paras Intermediates Private
Ltd, in the Antidumping Investigation of
Glycine from India’’ dated February 20,
2008, available in the Central Records
Unit (CRU), room 1117 of the main
Department of Commerce building. On
February 22, 2008, we released a
memorandum entitled ‘‘Proposed
Adjustments to the Cost of Production
and Constructed Value Data Paras
Intermediates Pvt. Ltd.’’ and invited
interested parties to submit comments.
We received a case brief from Paras on
March 3, 2008; the petitioner, GEO
Specialty Chemicals, Inc. (GEO), filed a
rebuttal brief on March 5, 2008.
E:\FR\FM\28MRN1.SGM
28MRN1
Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the ‘‘Issues and Decision
Memorandum for the Antidumping
Duty Investigation of Glycine from India
for the Period of Investigation January 1,
2006, through December 31, 2006’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, dated March 21, 2008,
which is hereby adopted by this notice.
A list of the issues which parties have
raised and to which we have responded,
all of which are in the Decision
Memorandum, is attached to this notice
as an appendix. Parties can find a
complete discussion of all issues raised
in this investigation and the
corresponding recommendations in the
Decision Memorandum which is on file
in CRU. In addition, a complete version
of the Decision Memorandum can be
accessed directly on the Web at https://
ia.ita.doc.gov/. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
sroberts on PROD1PC70 with NOTICES
Scope of Investigation
The merchandise covered by this
investigation is glycine, which in its
solid, i.e., crystallized, form is a freeflowing 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 noncrystallized 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, the written description of the
scope of this investigation is dispositive.
VerDate Aug<31>2005
17:57 Mar 27, 2008
Jkt 214001
Period of Investigation
The period of investigation is from
January 1, 2006, through December 31,
2006.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we have made certain
changes to the margin calculation for
Paras. For a discussion of these changes,
see memorandum from George Callen to
The File entitled ‘‘Glycine from India Final Determination of Sales at Less
Than Fair Value Analysis Memorandum
for Paras’’ dated March 21, 2008, and
the memorandum from Angela Strom to
Neal Halper entitled ‘‘Cost of
Production and Constructed Value
Calculation Adjustments for the Final
Determination Paras Intermediates Pvt.
Ltd.’’ dated March 21, 2008.
Adverse Facts Available
For the final determination, we
continue to find that, by failing to
provide information we requested,
certain producers and/or exporters of
glycine from India did not act to the best
of their ability in responding to our
requests for information. Thus, the
Department continues to find that the
use of adverse facts available is
warranted for these companies under
sections 776(a)(2) and (b) of the Act. See
Preliminary Determination, 72 FR at
62829. As we explained in the
Preliminary Determination, the rate of
121.62 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 India’’ (the
Initiation Checklist) on file in CRU. 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 submitted by GEO. We selected
this rate from 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 the
Preliminary Determination, we
corroborated the adverse facts-available
rate pursuant to section 776(c) of the
Act.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
16641
rate shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins and any
margins determined entirely under
section 776 of the Act. For this final
determination we have calculated a
margin for Paras that is above de
minimis. Therefore, for purposes of
determining the all-others rate and
pursuant to section 735(c)(5)(A) of the
Act, because other respondents are
receiving margins based on adverse facts
available, we are using the dumping
margin we have calculated for Paras as
indicated in the ‘‘Final Determination of
Investigation’’ section below.
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
Paras Intermediates,
Ltd. ............................
Abhiyan Media Pvt. Ltd.
Advanced Exports/Aico
Laboratories ..............
Ashok Alco-Chem, Ltd.
Bimal Pharma, Pvt., Ltd.
Euro Asian Industrial
Co. .............................
EPIC Enzymes Pharmaceuticals & Industrial
Indian Chemical Industries ...........................
Kumar Industries ..........
Nutracare International/
Salvi Chemical Industries ...........................
Sisco Research Laboratories Pvt. Ltd ............
Sealink International,
Inc. ............................
All Others ......................
Margin (percent)
10.90
121.62
121.62
121.62
121.62
121.62
121.62
121.62
121.62
121.62
121.62
121.62
10.90
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 India entered, or
withdrawn from warehouse, for
consumption on or after November 7,
2007, the date of the publication of
Preliminary Determination, for all
producers/exporters other than Paras.
Because we found Paras to have a de
minimis margin in the Preliminary
Determination, we will instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
subject merchandise from India from
E:\FR\FM\28MRN1.SGM
28MRN1
16642
Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices
Paras and entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of this final
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
respondents will be the rates 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 10.90
percent. These suspension-ofliquidation instructions will remain in
effect until further notice.
sroberts on PROD1PC70 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.
Jkt 214001
Comment 2: Recovery of Bad Debts
Comment 3: Duty Drawback
Comment 4: Interest Income Offset
Comment 5: Appropriate Sales Database
to Use
[FR Doc. E8–6450 Filed 3–27–08; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
RIN 0648–XG69
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.
17:57 Mar 27, 2008
Appendix
Comment 1: Work-in-Process
Inventories
National Oceanic and Atmospheric
Administration
International Trade Commission
Notification
VerDate Aug<31>2005
Dated: March 21, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Application for an
Exempted Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; intent to issue the EFP;
request for comments.
AGENCY:
SUMMARY: NMFS announces the intent
to issue exempted fishing permits
(EFPs) to Pacific whiting shoreside
vessels and first receivers that
participate in a maximized retention
and monitor program for the 2008
Pacific whiting shoreside fishery. EFPs
are needed to allow vessels to retain
catch in excess of the cumulative limits
and to retain prohibited species until
offloading. EFPs are also needed to
allow first receivers to possess catch
from a vessel that is in excess of
cumulative limits and to used hopper
type scales to derive accurate catch
weights prior to sorting. Issuance of the
EFPs would allow NMFS to collect
catch data on incidentally caught
species, including salmonids listed
under the Endangered Species Act, and
would allow new components of an
overall monitoring program to be
investigated before implementation of a
regulatory program.
DATES: Comments must be received by
April 14, 2008.
ADDRESSES: You may submit comments,
identified by RIN 0648–XG69 by any
one of the following methods:
• Fax: 206–526–6736, Attn: Becky
Renko
• Mail: D. Robert Lohn, Administrator,
Northwest Region, NMFS, 7600 Sand
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Point Way NE, Seattle, WA 98115–0070,
Attn: Becky Renko.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments.
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT:
Becky Renko or Gretchen Arentzen or
(206)526(6140.
SUPPLEMENTARY INFORMATION: This
action is authorized by the Magnuson–
Stevens Fishery Conservation and
Management Act provisions at 50 CFR
600.745 which states that EFPs may be
used to authorize fishing activities that
would otherwise be prohibited. At the
March 10–14, 2008, Pacific Fishery
Management Council (Council) meeting
in Sacramento, California, NMFS
Northwest Region presented a proposal
for issuance of EFPs to vessels and first
receivers participating in the 2008
Pacific whiting shoreside fishery. If
issued, the EFPs would provide for a
maximized retention and monitoring
program for the Pacific whiting
shoreside fishery. The proposed
maximized retention and monitoring
program regulations are intended to
allow for the Pacific whiting shoreside
fishery to be efficiently prosecuted
while providing accurate catch data
such that the Endangered Species Act
and Magnuson-Stevens Fishery
Conservation and Management Act
requirements for this fishery are
adequately met. An opportunity for
Council discussion and public
testimony were provided during the
Councils March 2008 meeting in
Sacramento, California.
The issuance of EFPs would allow
approximately 40 vessels to delay
sorting of groundfish catch and to retain
catch in excess of cumulative trip limits
and prohibited species catch until
offloading. These activities are
otherwise prohibited by regulations at
50 CFR 660.306(a)(10) and
660.306(a)(2), respectively.
Issuance of the EFPs, to
approximately 15 first receivers, will
allow first receivers to possess more
than a single cumulative limit of a
particular species, per vessel, per
applicable cumulative limit period. The
E:\FR\FM\28MRN1.SGM
28MRN1
Agencies
[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16640-16642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6450]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-533-845
Notice of Final Determination of Sales at Less Than Fair Value:
Glycine from India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 28, 2008.
SUMMARY: On November 7, 2007, the Department of Commerce published its
preliminary determination and amended preliminary determination,
respectively, of the investigation of sales at less than fair value in
the antidumping duty investigation of glycine from India. See Notice of
Preliminary Determination of Sales at Less Than Fair Value: Glycine
From India, 72 FR 62827 (November 7, 2007), and Notice of Amended
Preliminary Determination of Sales at Less Than Fair Value: Glycine
From India, 72 FR 62826 (November 7, 2007).
The Department of Commerce has determined that glycine from India
is being, or is 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 estimated margins of sales at less than fair
value are listed below in the section entitled ``Final Determination of
Investigation.''
FOR FURTHER INFORMATION CONTACT: George Callen or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0180 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The preliminary and amended preliminary determinations in this
investigation were published on November 7, 2007. See Notice of
Preliminary Determination of Sales at Less Than Fair Value: Glycine
From India, 72 FR 62827 (November 7, 2007) (Preliminary Determination),
and Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Glycine From India, 72 FR 62826 (November 7, 2007). Since
then, we determined that an allegation of critical circumstances
submitted by the petitioner on October 12 and 25, 2007, was inadequate.
See Memorandum from Kristin Case to Laurie Parkhill dated November 13,
2007. We have also conducted sales and cost verifications of the
responses submitted by Paras Intermediates, Ltd. (Paras). See Memoranda
to the file entitled ``Verification of the Sales Response of Paras
Intermediates Pvt. Ltd. in the Antidumping Duty Investigation of
Glycine from India'' dated January 23, 2008, and ``Verification of the
Cost Response of Paras Intermediates Private Ltd, in the Antidumping
Investigation of Glycine from India'' dated February 20, 2008,
available in the Central Records Unit (CRU), room 1117 of the main
Department of Commerce building. On February 22, 2008, we released a
memorandum entitled ``Proposed Adjustments to the Cost of Production
and Constructed Value Data Paras Intermediates Pvt. Ltd.'' and invited
interested parties to submit comments. We received a case brief from
Paras on March 3, 2008; the petitioner, GEO Specialty Chemicals, Inc.
(GEO), filed a rebuttal brief on March 5, 2008.
[[Page 16641]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Antidumping Duty Investigation of Glycine
from India for the Period of Investigation January 1, 2006, through
December 31, 2006'' (Decision Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated March 21,
2008, which is hereby adopted by this notice. A list of the issues
which parties have raised and to which we have responded, all of which
are in the Decision Memorandum, is attached to this notice as an
appendix. Parties can find a complete discussion of all issues raised
in this investigation and the corresponding recommendations in the
Decision Memorandum which is on file in CRU. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at https://ia.ita.doc.gov/. The paper copy and electronic version of the
Decision Memorandum are identical in content.
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, the written description of the scope of this investigation is
dispositive.
Period of Investigation
The period of investigation is from January 1, 2006, through
December 31, 2006.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculation
for Paras. For a discussion of these changes, see memorandum from
George Callen to The File entitled ``Glycine from India - Final
Determination of Sales at Less Than Fair Value Analysis Memorandum for
Paras'' dated March 21, 2008, and the memorandum from Angela Strom to
Neal Halper entitled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination Paras Intermediates
Pvt. Ltd.'' dated March 21, 2008.
Adverse Facts Available
For the final determination, we continue to find that, by failing
to provide information we requested, certain producers and/or exporters
of glycine from India did not act to the best of their ability in
responding to our requests for information. Thus, the Department
continues to find that the use of adverse facts available is warranted
for these companies under sections 776(a)(2) and (b) of the Act. See
Preliminary Determination, 72 FR at 62829. As we explained in the
Preliminary Determination, the rate of 121.62 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 India'' (the Initiation Checklist) on file in CRU. 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 submitted by GEO. We selected this rate
from 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 the Preliminary
Determination, we corroborated the adverse facts-available rate
pursuant to section 776(c) of the Act.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins and any margins determined entirely under section 776
of the Act. For this final determination we have calculated a margin
for Paras that is above de minimis. Therefore, for purposes of
determining the all-others rate and pursuant to section 735(c)(5)(A) of
the Act, because other respondents are receiving margins based on
adverse facts available, we are using the dumping margin we have
calculated for Paras as indicated in the ``Final Determination of
Investigation'' section below.
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 Margin (percent)
------------------------------------------------------------------------
Paras Intermediates, Ltd............................ 10.90
Abhiyan Media Pvt. Ltd.............................. 121.62
Advanced Exports/Aico Laboratories.................. 121.62
Ashok Alco-Chem, Ltd................................ 121.62
Bimal Pharma, Pvt., Ltd............................. 121.62
Euro Asian Industrial Co............................ 121.62
EPIC Enzymes Pharmaceuticals & Industrial........... 121.62
Indian Chemical Industries.......................... 121.62
Kumar Industries.................................... 121.62
Nutracare International/Salvi Chemical Industries... 121.62
Sisco Research Laboratories Pvt. Ltd................ 121.62
Sealink International, Inc.......................... 121.62
All Others.......................................... 10.90
------------------------------------------------------------------------
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 India entered, or withdrawn from warehouse, for
consumption on or after November 7, 2007, the date of the publication
of Preliminary Determination, for all producers/exporters other than
Paras. Because we found Paras to have a de minimis margin in the
Preliminary Determination, we will instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of subject
merchandise from India from
[[Page 16642]]
Paras and entered, or withdrawn from warehouse, for consumption on or
after the date of the publication of this final 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 respondents will be the rates 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
10.90 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: March 21, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Work-in-Process Inventories
Comment 2: Recovery of Bad Debts
Comment 3: Duty Drawback
Comment 4: Interest Income Offset
Comment 5: Appropriate Sales Database to Use
[FR Doc. E8-6450 Filed 3-27-08; 8:45 am]
Billing Code: 3510-DS-S