Glycine From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 65584-65585 [E8-26283]
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Federal Register / Vol. 73, No. 214 / Tuesday, November 4, 2008 / Notices
investigate the application and report to
the Board.
Public comment on the application is
invited from interested parties.
Submissions (original and 3 copies)
shall be addressed to the Board’s
Executive Secretary at the address listed
below. The closing period for their
receipt is January 5, 2009. Rebuttal
comments in response to material
submitted during the foregoing period
may be submitted during the subsequent
15–day period (to January 20, 2009).
A copy of the application and
accompanying exhibits will be available
for public inspection at the U.S.
Department of Commerce Export
Assistance Center, 521 E. Morehead St.,
Suite 435, Charlotte, North Carolina
28202; and, Office of the Executive
Secretary, Foreign–Trade Zones Board,
Room 2111, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230.
For further information, contact
Kathleen Boyce at
KathleenlBoyce@ita.doc.gov or (202)
482–1346.
Dated: Dated: October 29, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–26286 Filed 11–3–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Initiation of Antidumping Duty
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: November 4,
dwashington3 on PRODPC61 with NOTICES
2008.
SUMMARY: The Department of Commerce
(the Department) has determined that a
request for a new shipper review (NSR)
of the antidumping duty order on
glycine from the People’s Republic of
China (PRC), received on September 24,
2008, meets the statutory and regulatory
requirements for initiation. The period
of review (POR) of this new shipper
review is March 1, 2008, through
August 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Angelica Mendoza,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
VerDate Aug<31>2005
15:23 Nov 03, 2008
Jkt 217001
telephone: (202) 482–0193 and (202)
482–3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the
antidumping duty order on glycine from
the PRC was published on March 29,
1995.1 See Antidumping Duty Order:
Glycine From the People’s Republic of
China, 60 FR 16116 (March 29, 1995).
On September 24, 2008, we received a
timely request for a new shipper review
from Jiangxi Ansun Chemical
Technology Co., Ltd. (Jiangxi Ansun) in
accordance with 19 CFR 351.214(c).
Jiangxi Ansun made its request during
the semiannual anniversary month. See
19 CFR 351.214(d)(2). Jiangxi Ansun
certified that it produced and sold the
glycine it exported to an unaffiliated
U.S. purchaser, which is the basis for its
request for a NSR.
The Department conducted queries of
the U.S. Customs and Border Protection
(CBP) database in order to confirm that
Jiangxi Ansun’s reported shipment of
subject merchandise entered the United
States for consumption and that
liquidation of such shipment had been
properly suspended for antidumping
duties. See Memorandum to the File
from Stephen Bailey, Customs and
Border Protection Data for Entries of
Glycine from the People’s Republic of
China, dated October 28, 2008. In
reviewing the CBP data, we identified
the Jiangxi Ansun’s August 2008 sale to
the United States and matched it with
the documentation submitted by Jiangxi
Ansun. We also solicited further
information from CBP on U.S. entries of
glycine produced by Jiangxi Ansun.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act, and 19 CFR 351.214(b)(2)(i),
Jiangxi Ansun certified that it did not
export glycine to the United States
during the original POI. Pursuant to
section 751(a)(2)(B)(i)(II) of the Act and
19 CFR 351.214(b)(2)(iii)(A), Jiangxi
Ansun certified that, since the initiation
of the investigation, it has never been
affiliated with any exporter or producer
who exported glycine to the United
States during the POI, including those
not individually examined during the
investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), Jiangxi Ansun also
certified that its export activities were
not controlled by the central
government of the PRC.
1 Therefore, a request for a new shipper review
based on the semiannual anniversary month, in this
case September, was due to the Department by the
final day of September. See 19 CFR 351.214(d)(1)
and (2).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
In addition to the certifications
described above, Jiangxi Ansun
submitted documentation establishing
the following: (1) The date on which it
first shipped glycine for export to the
United States and the date on which the
glycine was first entered, or withdrawn
from warehouse, for consumption; (2)
the volume of its first shipment; and (3)
the date of its first sale to an unaffiliated
customer in the United States.
On September 29, 2008, the
Department received comments from
GEO Specialty Chemicals, Inc. (GEO), a
domestic glycine producer and the
successor company to one of the
original petitioners, Hampshire
Chemical Corporation, regarding Jiangxi
Ansun’s NSR request. In its comments,
GEO argues that Jiangxi Ansun had two
shipments of glycine that entered the
United States in February 2008, prior to
the single shipment of glycine that is the
basis for this NSR request. GEO also
notes that Jiangxi Ansun, by its own
admission, is the successor company to
Jiangxi Electrochemical Co., Ltd.
On October 3, 2008, Jiangxi Ansun
submitted comments in rebuttal to
GEO’s September 29, 2008, comments.
Jiangxi Ansun contends that since the
February 2008 transactions occurred in
Canada, they are not United States
transactions and do not constitute
Jiangxi Ansun’s first shipment to the
United States. It also maintains that
neither the Tariff Act of 1930, as
amended (the Act), nor the
Department’s regulations contain a
requirement that the shipment made by
the new exporter, upon which the NSR
request is based, be the first shipment
made by that exporter to the United
States.
In accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that the request
submitted by Jiangxi Ansun meets the
threshold requirements for initiation of
a NSR of its shipment of glycine from
the PRC produced and exported by
Jiangxi Ansun. See Memorandum to the
File through Richard O. Weible,
Director, AD/CVD Operations, Office 7,
from Stephen Bailey, entitled ‘‘Initiation
Checklist of AD New Shipper Review:
Glycine from the People’s Republic of
China,’’ dated concurrently with this
notice. Therefore, we are initiating a
NSR for the shipment of glycine
produced and exported by Jiangxi
Ansun to the United States. With
respect to the issues raised by the
parties, we intend to evaluate them
further in the context of this NSR. We
intend to issue the preliminary results
of this review no later than 180 days
from the date of initiation, and the final
results of this review no later than 270
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 73, No. 214 / Tuesday, November 4, 2008 / Notices
days from the date of initiation. See
section 751(a)(2)(B)(iv) of the Act.
DEPARTMENT OF COMMERCE
International Trade Administration
Period of Review
[A–533–824]
The POR is March 1, 2008, through
August 31, 2008. See 19 CFR
351.214(g)(1)(i)(B).
Polyethylene Terephthalate Film Sheet
and Strip from India: Rescission of
Antidumping Duty Administrative
Review
dwashington3 on PRODPC61 with NOTICES
Separate Rate
In cases involving non-market
economies, the Department requires that
a company seeking to establish
eligibility for an antidumping duty rate
separate from the PRC-wide entity rate
provide evidence of de jure and de facto
absence of government control over the
company’s export activities.
Accordingly, we will issue a
questionnaire to Jiangxi Ansun,
including a separate-rate section. The
review will proceed if the responses
provide sufficient indication that Jiangxi
Ansun is not subject to either de jure or
de facto government control with
respect to its exports of glycine.
However, if Jiangxi Ansun does not
demonstrate its eligibility for a separate
rate, the company will be deemed not
separate from other companies that
exported during the POI, and the NSR
for Jiangxi Ansun will be rescinded.
On August 17, 2006, the Pension
Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4
temporarily suspends the authority of
the Department to instruct CBP to
collect a bond or other security in lieu
of a cash deposit in new shipper
reviews during the period April 1, 2006,
through June 30, 2009. Therefore, the
posting of a bond or other security
under section 751(a)(2)(B)(iii) of the Act
in lieu of a cash deposit is not available
in this case. Importers of glycine
produced and exported by Jiangxi
Ansun must continue to post a cash
deposit of estimated antidumping duties
on each entry of subject merchandise at
the current PRC-wide rate of 155.89
percent.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 4, 2008.
FOR FURTHER INFORMATION CONTACT:
Martha Douthit, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
Telephone: (202) 482–5050.
Dated: October 28, 2008.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–26283 Filed 11–3–08; 8:45 am]
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested a review withdraws the
request within 90 days of the date of
BILLING CODE 3510–DS–P
VerDate Aug<31>2005
15:23 Nov 03, 2008
Jkt 217001
AGENCY:
Background
On July 1, 2002, the Department of
Commerce (the Department), published
the antidumping duty order on
polyethylene terephthalate film sheet
and strip (PET Film) from India. See
Notice of Amended Final Antidumping
Duty Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Polyethylene Terephthalate Film,
Sheet, and Strip from India, 67 FR
44175 (July 1, 2002).
On July 11, 2008, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on PET Film
from India. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 73
FR 39948 (July 11, 2008). On July 15,
2008, Jindal Poly Films Limited (Jindal),
an Indian producer and exporter to the
United States of PET Film, timely
requested that the Department conduct
an administrative review of Jindal.
Jindal was the only party to request this
administrative review. On August 26,
2008, the Department published a notice
of initiation of the antidumping duty
administrative review of PET Film from
India for the period of review, July 1,
2007, through June 30, 2008. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 73 FR 50308 (August 26, 2008).
On September 25, 2008, Jindal
withdrew its request for an
administrative review.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
65585
publication of the notice of initiation of
the requested review. Jindal withdrew
its request before the 90–day deadline
and no other party requested an
administrative review of the
antidumping duty order on PET Film
from India. Therefore, in response to
Jindal’s withdrawal of their request for
an administrative review pursuant to 19
CFR 351.213(d)(1), the Department
hereby rescinds the administrative
review of the antidumping duty order
on PET Film from India.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the company for
which this review is rescinded, the
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawn from
warehouse, for consumption, in
accordance with 19 CFR 351.212
(c)(1)(i). The Department intends to
issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this rescission of
administrative review.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protection orders (‘‘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 the return/
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 sanctionable violation.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
E:\FR\FM\04NON1.SGM
04NON1
]]>Agencies
[Federal Register Volume 73, Number 214 (Tuesday, November 4, 2008)]
[Notices]
[Pages 65584-65585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26283]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 4, 2008.
SUMMARY: The Department of Commerce (the Department) has determined
that a request for a new shipper review (NSR) of the antidumping duty
order on glycine from the People's Republic of China (PRC), received on
September 24, 2008, meets the statutory and regulatory requirements for
initiation. The period of review (POR) of this new shipper review is
March 1, 2008, through August 31, 2008.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza,
AD/CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0193 and (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on glycine from
the PRC was published on March 29, 1995.\1\ See Antidumping Duty Order:
Glycine From the People's Republic of China, 60 FR 16116 (March 29,
1995). On September 24, 2008, we received a timely request for a new
shipper review from Jiangxi Ansun Chemical Technology Co., Ltd.
(Jiangxi Ansun) in accordance with 19 CFR 351.214(c). Jiangxi Ansun
made its request during the semiannual anniversary month. See 19 CFR
351.214(d)(2). Jiangxi Ansun certified that it produced and sold the
glycine it exported to an unaffiliated U.S. purchaser, which is the
basis for its request for a NSR.
---------------------------------------------------------------------------
\1\ Therefore, a request for a new shipper review based on the
semiannual anniversary month, in this case September, was due to the
Department by the final day of September. See 19 CFR 351.214(d)(1)
and (2).
---------------------------------------------------------------------------
The Department conducted queries of the U.S. Customs and Border
Protection (CBP) database in order to confirm that Jiangxi Ansun's
reported shipment of subject merchandise entered the United States for
consumption and that liquidation of such shipment had been properly
suspended for antidumping duties. See Memorandum to the File from
Stephen Bailey, Customs and Border Protection Data for Entries of
Glycine from the People's Republic of China, dated October 28, 2008. In
reviewing the CBP data, we identified the Jiangxi Ansun's August 2008
sale to the United States and matched it with the documentation
submitted by Jiangxi Ansun. We also solicited further information from
CBP on U.S. entries of glycine produced by Jiangxi Ansun.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B)(i)(I) of the Act, and 19 CFR
351.214(b)(2)(i), Jiangxi Ansun certified that it did not export
glycine to the United States during the original POI. Pursuant to
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jiangxi Ansun certified that, since the
initiation of the investigation, it has never been affiliated with any
exporter or producer who exported glycine to the United States during
the POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Jiangxi
Ansun also certified that its export activities were not controlled by
the central government of the PRC.
In addition to the certifications described above, Jiangxi Ansun
submitted documentation establishing the following: (1) The date on
which it first shipped glycine for export to the United States and the
date on which the glycine was first entered, or withdrawn from
warehouse, for consumption; (2) the volume of its first shipment; and
(3) the date of its first sale to an unaffiliated customer in the
United States.
On September 29, 2008, the Department received comments from GEO
Specialty Chemicals, Inc. (GEO), a domestic glycine producer and the
successor company to one of the original petitioners, Hampshire
Chemical Corporation, regarding Jiangxi Ansun's NSR request. In its
comments, GEO argues that Jiangxi Ansun had two shipments of glycine
that entered the United States in February 2008, prior to the single
shipment of glycine that is the basis for this NSR request. GEO also
notes that Jiangxi Ansun, by its own admission, is the successor
company to Jiangxi Electrochemical Co., Ltd.
On October 3, 2008, Jiangxi Ansun submitted comments in rebuttal to
GEO's September 29, 2008, comments. Jiangxi Ansun contends that since
the February 2008 transactions occurred in Canada, they are not United
States transactions and do not constitute Jiangxi Ansun's first
shipment to the United States. It also maintains that neither the
Tariff Act of 1930, as amended (the Act), nor the Department's
regulations contain a requirement that the shipment made by the new
exporter, upon which the NSR request is based, be the first shipment
made by that exporter to the United States.
In accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that the request submitted by Jiangxi Ansun
meets the threshold requirements for initiation of a NSR of its
shipment of glycine from the PRC produced and exported by Jiangxi
Ansun. See Memorandum to the File through Richard O. Weible, Director,
AD/CVD Operations, Office 7, from Stephen Bailey, entitled ``Initiation
Checklist of AD New Shipper Review: Glycine from the People's Republic
of China,'' dated concurrently with this notice. Therefore, we are
initiating a NSR for the shipment of glycine produced and exported by
Jiangxi Ansun to the United States. With respect to the issues raised
by the parties, we intend to evaluate them further in the context of
this NSR. We intend to issue the preliminary results of this review no
later than 180 days from the date of initiation, and the final results
of this review no later than 270
[[Page 65585]]
days from the date of initiation. See section 751(a)(2)(B)(iv) of the
Act.
Period of Review
The POR is March 1, 2008, through August 31, 2008. See 19 CFR
351.214(g)(1)(i)(B).
Separate Rate
In cases involving non-market economies, the Department requires
that a company seeking to establish eligibility for an antidumping duty
rate separate from the PRC-wide entity rate provide evidence of de jure
and de facto absence of government control over the company's export
activities. Accordingly, we will issue a questionnaire to Jiangxi
Ansun, including a separate-rate section. The review will proceed if
the responses provide sufficient indication that Jiangxi Ansun is not
subject to either de jure or de facto government control with respect
to its exports of glycine. However, if Jiangxi Ansun does not
demonstrate its eligibility for a separate rate, the company will be
deemed not separate from other companies that exported during the POI,
and the NSR for Jiangxi Ansun will be rescinded.
On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4 temporarily suspends the
authority of the Department to instruct CBP to collect a bond or other
security in lieu of a cash deposit in new shipper reviews during the
period April 1, 2006, through June 30, 2009. Therefore, the posting of
a bond or other security under section 751(a)(2)(B)(iii) of the Act in
lieu of a cash deposit is not available in this case. Importers of
glycine produced and exported by Jiangxi Ansun must continue to post a
cash deposit of estimated antidumping duties on each entry of subject
merchandise at the current PRC-wide rate of 155.89 percent.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: October 28, 2008.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-26283 Filed 11-3-08; 8:45 am]
BILLING CODE 3510-DS-P
