Glycine From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 41121-41123 [E9-19563]
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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
interested parties an opportunity to
comment on the preliminary results and
notice of intent to revoke, but received
no comments. Therefore, the final
results do not differ from the
preliminary results of review and we are
revoking the order, in part, with respect
to gluten–free pasta.
EFFECTIVE DATE: July 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4161.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department
published in the Federal Register an
antidumping duty order on certain pasta
from Italy.2 On May 22, 2009, Pasta
Lensi S.r.L. (‘‘Pasta Lensi’’) requested
that the Department initiate a changed
circumstances review and revoke, in
part, the antidumping duty order on
certain pasta from Italy with respect to
gluten–free pasta based on a lack of
interest in maintaining the order by
petitioners. See May 22, 2009, letter
from Pasta Lensi to the Secretary of
Commerce. On June 1, 2009, petitioners
expressed a lack of interest in
maintaining the order with respect to
gluten–free pasta.3 On July 2, 2009, the
Department published a notice of
initiation and preliminary results and
intent to revoke, in part, a changed
circumstances review of the
antidumping order.4 We received no
comments.
mstockstill on DSKH9S0YB1PROD with NOTICES
Scope of Review
Imports covered by this review are
shipments of certain non–egg dry pasta
in packages of five pounds (2.27
kilograms) or less, whether or not
enriched or fortified or containing milk
or other optional ingredients such as
chopped vegetables, vegetable purees,
milk, gluten, diastases, vitamins,
coloring and flavorings, and up to two
percent egg white. The pasta covered by
this scope is typically sold in the retail
market, in fiberboard or cardboard
cartons, or polyethylene or
2 See Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta from Italy, 61 FR
38547 (July 24, 1996).
3 See Memo from Christopher Hargett, Case
Analyst, AD/CVD Operations 3, to Melissa Skinner,
Office Director, AD/CVD Operations 3 entitled
‘‘Phone Conversation with Counsel for Petitioners,’’
dated June 2, 2009.
4 See Preliminary Results, 74 FR 31696 (July 2,
2009).
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
polypropylene bags of varying
dimensions.
Excluded from the scope of this
review are refrigerated, frozen, or
canned pastas, as well as all forms of
egg pasta, with the exception of non–egg
dry pasta containing up to two percent
egg white.
As a result of this review, also
excluded from the scope of this order is
gluten–free pasta.
The merchandise subject to review is
currently classifiable under item
1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
Final Results of Changed
Circumstances Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.216, the
Department will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from an interested party for review of,
an antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order. In its
May 22, 2009, submission Pasta Lensi
stated that petitioners have no interest
in the antidumping duty order with
respect to gluten–free pasta. Further, the
petitioners expressed a lack of interest
in maintain the antidumping duty order
with respect to gluten–free pasta.5 No
party submitted any evidence to the
contrary. Therefore, In accordance with
19 CFR 351.221(c)(3)(i), we determine
that the petitioners have no interest in
the antidumping duty order with
respect to gluten–free pasta.
Pasta Lensi requested that the
Department retroactively revoke the
order and cited to Wooden Bedroom
Furniture for support.6 Consistent with
Department practice, we have
determined to revoke the order, in part,
retroactive to July 1, 2008, (the date
following the last day of the most
recently completed administrative
review) for unliquidated entries in light
of Pasta Lensi’s request and the fact that
entries after this date are not subject to
a final determination by the
Department. Accordingly, the
5 See memorandum from Christopher Hargett,
Case Analyst, to Melissa Skinner, Office Director,
entitled ‘‘Phone Conversation with Counsel for
Petitioners,’’ dated June 2, 2009.
6 See Wooden Bedroom Furniture from the
People’s Republic of China: Final Results of
Changed Circumstances Review and Determination
to Revoke Order in Part, 74 FR 8506 (February 25,
2009)(‘‘Wooden Bedroom Furniture’’).
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Sfmt 4703
41121
Department will revoke, in part, the
antidumping duty order on certain pasta
from Italy with respect to gluten–free
pasta, effective July 1, 2008.
We will instruct U.S. Customs and
Border Protection (‘‘CBP’’) to liquidate
without regard to antidumping duties
all unliquidated entries of gluten–free
pasta, not currently subject to an
administrative review of certain pasta
from Italy, entered, or withdrawn from
warehouse, for consumption on or after
July 1, 2008. The Department will
further instruct CBP to refund with
interest any estimated antidumping
duties collected with respect to
unliquidated entries of gluten–free pasta
entered, or withdrawn from warehouse
for consumption on or after the
publication date of the final results of
this changed circumstances review, in
accordance with section 778 of the Act
and 19 CFR 351.222(g)(4).
This changed circumstances
administrative review, partial
revocation of the antidumping duty
order and notice are in accordance with
sections 751(b) and (d), 777(i), and
782(h) of the Act and section 351.216(e)
and 351.222(g) of the Department’s
regulations.
Dated: August 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–19562 Filed 8–13–09; 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: Final Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 8, 2009, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the 2007–2008
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (‘‘PRC’’).
See Glycine from the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, 74 FR 15930 (April 8, 2009)
(‘‘Preliminary Results’’). We gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments and information received, we
made changes to the margin calculation
E:\FR\FM\14AUN1.SGM
14AUN1
41122
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
for the final results. We find that certain
manufacturers/exporters sold subject
merchandise at less than normal value
during the period of review (‘‘POR’’),
i.e., March 1, 2007, through February
29, 2008.
EFFECTIVE DATE: August 14, 2009.
FOR FURTHER INFORMATION CONTACT:
Angelica Mendoza or Dena Crossland,
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) 482–3019 or (202) 482–
3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events have occurred
subsequent to the publication of the
Preliminary Results. On April 28, 2009,
Geo Specialty Chemicals Inc. (‘‘GSC’’), a
domestic interested party, and
respondent, Baoding Mantong Fine
Chemistry Co., Ltd. (‘‘Baoding
Mantong’’), submitted additional
surrogate value (‘‘SV’’) information for
the Department to consider for these
final results. On May 8, 2009, GSC
submitted comments on Baoding
Mantong’s April 28, 2009, SV
submission and requested a hearing. On
May 8, 2009, GSC and Baoding Mantong
timely submitted case briefs. On May
13, 2009, GSC and Baoding Mantong
timely submitted rebuttal briefs. On
May 19, 2009, GSC withdrew its request
for hearing. At the request of both
parties, the Department met separately
with counsel for Baoding Mantong and
counsel for GSC on May 28, 2009. See
Memoranda to the File from Dena
Crossland, Analyst, through Angelica L.
Mendoza, Program Manager, Office 7,
Regarding the Antidumping Duty
Administrative Review of the Order on
Glycine from the People’s Republic of
China: Meeting with Counsel for
Domestic Interested Party, dated May
29, 2009; and Meeting with Counsel for
Respondent, dated May 29, 2009.
mstockstill on DSKH9S0YB1PROD with NOTICES
Scope of the Order
The product covered by the order is
glycine, which is a free–flowing
crystalline material, like salt or sugar.
Glycine is produced at varying levels of
purity and is used as a sweetener/taste
enhancer, a buffering agent,
reabsorbable amino acid, chemical
intermediate, and a metal complexing
agent. This review covers glycine of all
purity levels. Glycine is currently
classified under subheading
2922.49.4020 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
subheading is provided for convenience
and Customs purposes, the written
description of the merchandise subject
to the order is dispositive.
Analysis of Comments Received
All issues raised in the briefs and
rebuttal briefs are addressed in the
‘‘Issues and Decision Memorandum for
the Final Results of the 2007–2008
Antidumping Duty Administrative
Review: Glycine from the People’s
Republic of China’’ from John M.
Andersen, Acting Deputy Assistant
Secretary, to Ronald K. Lorentzen,
Acting Assistant Secretary, dated
August 6, 2009 (‘‘I&D Memo’’), which is
hereby adopted by this notice. A list of
the issues raised, all of which are
addressed in the I&D Memo, is attached
to this notice as Appendix I. Parties can
find a complete discussion of all issues
raised in the briefs and rebuttal briefs
and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit, room 1117 of the
main Department building. In addition,
a complete version of the I&D Memo can
be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the I&D Memo
are identical in content.
Separate Rates
Baoding Mantong requested a
separate, company–specific
antidumping duty rate. In the
Preliminary Results, we found that
Baoding Mantong met the criteria for the
application of a separate antidumping
duty rate. Preliminary Results, 74 FR at
15933. Therefore, the Department has
applied a rate to Baoding Mantong
separate from the rate established for the
PRC–wide entity. Also in the
Preliminary Results, the Department
found that Nantong Dongchang
Chemical Industry Corporation
(‘‘Nantong Dongchang’’) did not
participate in the administrative review
and, thus, did not demonstrate its
entitlement to a separate rate. Id. at
15933–34. Accordingly, for these final
results, Nantong Dongchang does not
qualify for separate rate status, but
rather is appropriately considered to be
part of the PRC–wide entity which is
assigned a rate of 155.89 percent based
on facts otherwise available with an
adverse inference (‘‘AFA’’). Id. The
Department did not receive comments
on this issue prior to these final results.
Use of Facts Otherwise Available and
the PRC–Wide Rate
As noted above, the Department
found that Nantong Dongchang did not
establish its eligibility for separate rate
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
status, and thus is deemed to be part of
the PRC–wide entity. Also, in the
Preliminary Results, the Department
noted that Nantong Dongchang did not
participate in the administrative review,
and did not respond to any portions of
the Department’s questionnaires. As the
Department found that the PRC–wide
entity, which includes Nantong
Dongchang, failed to cooperate to the
best of its ability in responding to the
Department’s requests for information
and thereby impeded the Department’s
proceeding, the Department assigned
the PRC–wide entity a rate based on
AFA pursuant to sections 776(a)(2)(A),
(B), and (C) and section 776(b) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). See Preliminary Results, 74 FR at
15934. The Department did not receive
any comments regarding its preliminary
application of AFA to the PRC–wide
entity. See Preliminary Results, 74 FR at
15933–35. Therefore, for these final
results, the Department has not altered
its analysis or decision to apply total
AFA to the PRC–wide entity.
Changes Since the Preliminary Results
Based on our analysis of information
on the record of this review, and
comments received from the interested
parties, we have made changes to the
margin calculations for Baoding
Mantong.
In particular, we have made
modifications to our selection of certain
SVs used in the Preliminary Results.
The values that were modified for these
final results are those for formaldehyde,
steam coal, and chlorine. For further
details, see the accompanying I&D
Memo at Comments 3, 5, and 6.
We determine that the following
antidumping duty margins exist for the
period of March 1, 2007, through
February 29, 2008:
Final Results of Review
Exporter
Baoding Mantong Fine Chemistry Co., Ltd. ...........................
PRC–Wide Rate (including
Nantong Dongchang Chemical
Industry Corporation) ..............
Margin
33.67%
155.89%
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1), the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review.
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of glycine from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) For Baoding
Mantong, which has a separate rate, the
cash deposit rate will be the company–
specific rate shown above; (2) for
previously reviewed or investigated
companies not listed above that have a
separate rate, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; (3) the cash deposit rate for all
other PRC exporters (including Nantong
Dongchang) will be 155.89 percent, the
current PRC–wide rate; and (4) the cash
deposit rate for all non–PRC exporters
will be the rate applicable to the PRC
exporter that supplied that exporter.
These cash deposit requirements shall
remain in effect until further notice.
mstockstill on DSKH9S0YB1PROD with NOTICES
Notification to Interested Parties
This notice serves as the final
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 in the subsequent
assessment of double antidumping
duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO.
This notice of final results is issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: August 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
List of Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Value for Sulfur
Comment 3: Surrogate Value for
Formaldehyde
20:24 Aug 13, 2009
Jkt 217001
[FR Doc. E9–19563 Filed 8–13–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–851)
Certain Preserved Mushrooms From
the People’s Republic of China: Notice
of Rescission of Antidumping Duty
Administrative Review:
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Fujian Yu Xing Fruit and Vegetable
Foodstuff Development Co., Ltd. (Yu
Xing), the U.S. Department of
Commerce (the Department) initiated an
administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China for the period
February 1, 2008, through January 31,
2009. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 74 19042 (April 27, 2009)
(Initiation Notice). No other interested
party requested an administrative
review for this period. On July 24, 2009,
Yu Xing withdrew its request for an
administrative review. The withdrawal
request was filed in a timely manner.
Therefore, as discussed below, the
Department is rescinding this
administrative review.
EFFECTIVE DATE: August 14, 2009.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Robert James, 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) 482–1121 or (202) 482–
0649 respectively.
SUPPLEMENTARY INFORMATION:
Background
Appendix I
VerDate Nov<24>2008
Comment 4: Surrogate Value for Liquid
Ammonia
Comment 5: Surrogate Value for Steam
Coal
Comment 6: Surrogate Value for
Chlorine
Comment 7: Comments on Draft U.S.
Customs and Border (‘‘CBP’’)
Instructions
On February 4, 2009, the Department
published in the Federal Register its
notice of opportunity to request an
administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
41123
Republic of China (PRC). See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 74 FR 6013
(February 4, 2009). On March 2, 2009,
Yu Xing requested an administrative
review in accordance with 19 CFR
351.213(b)(1). No other interested party
requested an administrative review for
this period.
On April 27, 2009, the Department
published in the Federal Register a
notice of the initiation of the
antidumping duty administrative review
of certain preserved mushrooms from
the PRC for the period February 1, 2008,
through January 31, 2009, with respect
to Yu Xing. See Initiation Notice.
Yu Xing filed its section A response
on June 2, 2009 and its section C and
D responses on June 16, 2009. On July
24, 2009, pursuant to 19 CFR
351.213(d)(1), Yu Xing withdrew its
requests for an administrative review.
Rescission of Administrative Review
Section 351.213(d)(1) of the
Department’s regulations provide that
the Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws at a later date if the
Department determines that it is
reasonable to extend the time limit for
withdrawing the request. The
Department initiated the administrative
review of the antidumping duty order
on April 27, 2009. Yu Xing withdrew its
request for an administrative review on
July 24, 2009. The withdrawal was
timely filed and as the rescission was
requested within 90 days of the
publication of the initiation of the
administrative review. See 19 CFR
351.213(d)(1). Accordingly, the
Department is rescinding this
administrative review. Yu Xing has a
separate rate, and we intend to issue
liquidation instructions for Yu Xing 15
days after publication of this notice.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
section 351.402(f) of the Department’s
regulations 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 assumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
E:\FR\FM\14AUN1.SGM
14AUN1
Agencies
[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41121-41123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19563]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-836
Glycine From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 8, 2009, the Department of Commerce (``Department'')
published the preliminary results of the 2007-2008 administrative
review of the antidumping duty order on glycine from the People's
Republic of China (``PRC''). See Glycine from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review,
74 FR 15930 (April 8, 2009) (``Preliminary Results''). We gave
interested parties an opportunity to comment on the Preliminary
Results. Based upon our analysis of the comments and information
received, we made changes to the margin calculation
[[Page 41122]]
for the final results. We find that certain manufacturers/exporters
sold subject merchandise at less than normal value during the period of
review (``POR''), i.e., March 1, 2007, through February 29, 2008.
EFFECTIVE DATE: August 14, 2009.
FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Dena Crossland,
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-
3019 or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events have occurred subsequent to the publication of
the Preliminary Results. On April 28, 2009, Geo Specialty Chemicals
Inc. (``GSC''), a domestic interested party, and respondent, Baoding
Mantong Fine Chemistry Co., Ltd. (``Baoding Mantong''), submitted
additional surrogate value (``SV'') information for the Department to
consider for these final results. On May 8, 2009, GSC submitted
comments on Baoding Mantong's April 28, 2009, SV submission and
requested a hearing. On May 8, 2009, GSC and Baoding Mantong timely
submitted case briefs. On May 13, 2009, GSC and Baoding Mantong timely
submitted rebuttal briefs. On May 19, 2009, GSC withdrew its request
for hearing. At the request of both parties, the Department met
separately with counsel for Baoding Mantong and counsel for GSC on May
28, 2009. See Memoranda to the File from Dena Crossland, Analyst,
through Angelica L. Mendoza, Program Manager, Office 7, Regarding the
Antidumping Duty Administrative Review of the Order on Glycine from the
People's Republic of China: Meeting with Counsel for Domestic
Interested Party, dated May 29, 2009; and Meeting with Counsel for
Respondent, dated May 29, 2009.
Scope of the Order
The product covered by the order is glycine, which is a free-
flowing crystalline material, like salt or sugar. Glycine is produced
at varying levels of purity and is used as a sweetener/taste enhancer,
a buffering agent, reabsorbable amino acid, chemical intermediate, and
a metal complexing agent. This review covers glycine of all purity
levels. Glycine is currently classified under subheading 2922.49.4020
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Although the HTSUS subheading is provided for convenience and Customs
purposes, the written description of the merchandise subject to the
order is dispositive.
Analysis of Comments Received
All issues raised in the briefs and rebuttal briefs are addressed
in the ``Issues and Decision Memorandum for the Final Results of the
2007-2008 Antidumping Duty Administrative Review: Glycine from the
People's Republic of China'' from John M. Andersen, Acting Deputy
Assistant Secretary, to Ronald K. Lorentzen, Acting Assistant
Secretary, dated August 6, 2009 (``I&D Memo''), which is hereby adopted
by this notice. A list of the issues raised, all of which are addressed
in the I&D Memo, is attached to this notice as Appendix I. Parties can
find a complete discussion of all issues raised in the briefs and
rebuttal briefs and the corresponding recommendations in this public
memorandum, which is on file in the Central Records Unit, room 1117 of
the main Department building. In addition, a complete version of the
I&D Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are
identical in content.
Separate Rates
Baoding Mantong requested a separate, company-specific antidumping
duty rate. In the Preliminary Results, we found that Baoding Mantong
met the criteria for the application of a separate antidumping duty
rate. Preliminary Results, 74 FR at 15933. Therefore, the Department
has applied a rate to Baoding Mantong separate from the rate
established for the PRC-wide entity. Also in the Preliminary Results,
the Department found that Nantong Dongchang Chemical Industry
Corporation (``Nantong Dongchang'') did not participate in the
administrative review and, thus, did not demonstrate its entitlement to
a separate rate. Id. at 15933-34. Accordingly, for these final results,
Nantong Dongchang does not qualify for separate rate status, but rather
is appropriately considered to be part of the PRC-wide entity which is
assigned a rate of 155.89 percent based on facts otherwise available
with an adverse inference (``AFA''). Id. The Department did not receive
comments on this issue prior to these final results.
Use of Facts Otherwise Available and the PRC-Wide Rate
As noted above, the Department found that Nantong Dongchang did not
establish its eligibility for separate rate status, and thus is deemed
to be part of the PRC-wide entity. Also, in the Preliminary Results,
the Department noted that Nantong Dongchang did not participate in the
administrative review, and did not respond to any portions of the
Department's questionnaires. As the Department found that the PRC-wide
entity, which includes Nantong Dongchang, failed to cooperate to the
best of its ability in responding to the Department's requests for
information and thereby impeded the Department's proceeding, the
Department assigned the PRC-wide entity a rate based on AFA pursuant to
sections 776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff
Act of 1930, as amended (``the Act''). See Preliminary Results, 74 FR
at 15934. The Department did not receive any comments regarding its
preliminary application of AFA to the PRC-wide entity. See Preliminary
Results, 74 FR at 15933-35. Therefore, for these final results, the
Department has not altered its analysis or decision to apply total AFA
to the PRC-wide entity.
Changes Since the Preliminary Results
Based on our analysis of information on the record of this review,
and comments received from the interested parties, we have made changes
to the margin calculations for Baoding Mantong.
In particular, we have made modifications to our selection of
certain SVs used in the Preliminary Results. The values that were
modified for these final results are those for formaldehyde, steam
coal, and chlorine. For further details, see the accompanying I&D Memo
at Comments 3, 5, and 6.
We determine that the following antidumping duty margins exist for
the period of March 1, 2007, through February 29, 2008:
Final Results of Review
------------------------------------------------------------------------
Exporter Margin
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd..................... 33.67[perc
nt]
PRC-Wide Rate (including Nantong Dongchang Chemical Industry 155.89[per
Corporation)............................................... cnt]
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), the Department will determine, and U.S. Customs and
Border Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
[[Page 41123]]
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of glycine from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) For Baoding Mantong,
which has a separate rate, the cash deposit rate will be the company-
specific rate shown above; (2) for previously reviewed or investigated
companies not listed above that have a separate rate, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) the cash deposit rate for all other PRC
exporters (including Nantong Dongchang) will be 155.89 percent, the
current PRC-wide rate; and (4) the cash deposit rate for all non-PRC
exporters will be the rate applicable to the PRC exporter that supplied
that exporter. These cash deposit requirements shall remain in effect
until further notice.
Notification to Interested Parties
This notice serves as the final 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This notice of final results is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Value for Sulfur
Comment 3: Surrogate Value for Formaldehyde
Comment 4: Surrogate Value for Liquid Ammonia
Comment 5: Surrogate Value for Steam Coal
Comment 6: Surrogate Value for Chlorine
Comment 7: Comments on Draft U.S. Customs and Border (``CBP'')
Instructions
[FR Doc. E9-19563 Filed 8-13-09; 8:45 am]
BILLING CODE 3510-DS-S