Notice of Amended Final Results of Antidumping Duty Administrative Review: Glycine from the People's Republic of China, 48223-48224 [E9-22837]

Download as PDF Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices Participation Requirements Interested parties will be able to register online for the investment conference at http://www.trade.gov/iraq. A registration fee of $200 will be charged to cover meal expenses. Registrations received after October 12, 2009, will be considered only if space and scheduling constraints permit. Disclaimer The U.S. Government does not make any representations or guarantees as to the commercial success of business activities that utilize or rely upon information obtained at this conference. FOR FURTHER INFORMATION CONTACT: Tanya Cheguer, U.S. Department of Commerce, Iraq Investment and Reconstruction Task Force, E-mail: tanya.cheguer@mail.doc.gov. Telephone: 202–482–1232, Facsimile: 202–482–0980. Ariana Monti, U.S. Department of Commerce, Iraq Investment and Reconstruction Task Force, E-mail: ariana.monti@mail.doc.gov, Telephone: 202–482–3754, Facsimile: 202–482–0980. Susan Hamrock-Mann, Director, Iraq Investment & Reconstruction Task Force, U.S. Department of Commerce. [FR Doc. E9–22823 Filed 9–21–09; 8:45 am] BILLING CODE 3510–DA–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–836] Notice of Amended Final Results of Antidumping Duty Administrative Review: Glycine from the People’s Republic of China sroberts on DSKD5P82C1PROD with NOTICES AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 22, 2009. FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Dena Crossland, Import Administration, International Trade Administration, U.S. Department of Commerce (‘‘the Department’’), 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3019 or (202) 482–3362, respectively. SUPPLEMENTARY INFORMATION: Amendment to the Final Results In accordance with sections 751(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (‘‘the Act’’), on August 6, 2009, the Department issued its final VerDate Nov<24>2008 21:23 Sep 21, 2009 Jkt 217001 results in the administrative review of the antidumping duty order on glycine from the People’s Republic of China (‘‘PRC’’), covering the March 1, 2007, through February 29, 2008, period. The final results were subsequently released to all parties in the proceeding, and published in the Federal Register on August 14, 2009. See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 74 FR 41121 (August 14, 2009) (‘‘Glycine Final Results’’). On August 17, 2009, and pursuant to 19 CFR 351.224(c)(2), we received a timely–filed allegation from the domestic interested producer participating in this administrative review, GEO Specialty Chemicals, Inc. (‘‘GEO’’), that the Department made ministerial errors with respect to its final dumping margin calculation for respondent Baoding Mantong Fine Chemistry Co., Ltd. (‘‘Baoding Mantong’’). See Letter from GEO Specialty Chemicals, Inc. to the Department of Commerce, regarding ‘‘Ministerial Error Comments,’’ dated August 17, 2009 (‘‘GEO Ministerial Letter’’). On August 21, 2009, we received comments from Baoding Mantong regarding the ministerial errors alleged by GEO. See Letter from Baoding Mantong Fine Chemistry Co., Ltd. to the Department of Commerce, regarding ‘‘Response to Petitioner’s Ministerial Error Allegations,’’ dated August 21, 2009 (‘‘Baoding Mantong Response Letter’’). For a discussion of the Department’s analysis of the allegations in the GEO Ministerial Letter and rebuttal comments in the Baoding Mantong Response Letter, see Memorandum from Dena Crossland to Richard O. Weible, entitled, ‘‘Ministerial Errors Allegation in the Final Results of the Antidumping Duty Administrative Review of Glycine from the People’s Republic of China: Baoding Mantong Fine Chemistry Co., Ltd.,’’ dated September 14, 2009. A ministerial error includes ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which {the Department} considers ministerial.’’ Section 751(h) of the Act; see also 19 CFR 351.224(f). In the GEO Ministerial Letter, GEO alleges that the Department made two ministerial errors in calculating Baoding Mantong’s dumping margin for the final results of this administrative review. First, GEO alleges that the Department made a ministerial error by not converting the Chemical Weekly value for methanol PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 48223 from a per–liter to a per–kilogram basis. Additionally, GEO argues that the Department should not have multiplied Chemical Weekly prices for formaldehyde from the period of review by a 37.2–percent concentration level (a simple average of the concentration levels that Baoding Mantong reported for the formaldehyde it consumes in the production of glycine) because Chemical Weekly prices were already based on a 37–percent concentration level, rather than a 100–percent concentration level. After analyzing GEO’s ministerial error comments and Baoding Mantong’s rebuttal comments, we have determined, in accordance with 19 CFR 351.224(e), that we made the following ministerial error with respect to our final dumping margin calculation for Baoding Mantong: the Department inadvertently did not convert the Chemical Weekly value for methanol from a per–liter basis to a per–kilogram basis. See GEO Ministerial Letter; see also Administrative Review of Glycine from the People’s Republic of China: Surrogate Values for the Preliminary Results, dated March 31, 2009, at 6 and Attachment 5B, and 2007/2008 Antidumping Duty Administrative Review of Glycine from the People’s Republic of China: Program Analysis for the Final Results, dated August 6, 2009, at Attachment 3. The Department has revised its calculation of the surrogate value for methanol to be consistent with Baoding Mantong’s reporting of its methanol input, as originally intended by the Department. With respect to GEO’s allegation that the Department erred in its calculation of the surrogate value for formaldehyde, we find that the alleged error does not meet the definition of ministerial error pursuant to 19 CFR 351.224(f) and is methodological in nature. Specifically, it is clear from the record that the Department intended to adjust the surrogate value for formaldehyde by 37.2 percent, which is a simple average of the concentration levels that Baoding Mantong reported for the formaldehyde it consumes in the production of the subject merchandise. Therefore, we have not changed our surrogate value for formaldehyde. Therefore, in accordance with 19 CFR 351.224(e), we are amending the final results in this antidumping duty administrative review of glycine from the PRC. After correcting the ministerial error with respect to Baoding Mantong’s methanol input, the amended final weighted–average dumping margin is as follows: E:\FR\FM\22SEN1.SGM 22SEN1 48224 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices Final Results Weighted–Average Margin Percentage Manufacturer/Exporter Baoding Mantong Fine Chemistry Co., Ltd. ........................................ Assessment Rates The Department intends to issue assessment instructions to U.S. Customs and Border Protection (‘‘CBP’’) 15 days after the date of publication of these amended final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated importer–specific assessment rates for merchandise subject to this review. Cash Deposit Requirements The following deposit requirements will be effective retroactively on any entries made on or after August 14, 2009, the date of publication of the Final Results, for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption 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 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 will remain in effect until further notice. sroberts on DSKD5P82C1PROD with NOTICES Notification of Interested Parties This notice also serves as a 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this VerDate Nov<24>2008 21:23 Sep 21, 2009 Jkt 217001 33.67 segment of the proceeding. 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 violation that is subject to sanction. We are issuing and publishing these amended final results of review and notice in accordance with sections 751(a) and 777(i) of the Act. Dated: September 14, 2009. Carole Showers, Acting Deputy Assistant Secretary for Policy and Negotiations. [FR Doc. E9–22837 Filed 9–21–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part. DATES: Effective Date: September 22, 2009. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–4697. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. The Department also PO 00000 Frm 00004 Fmt 4703 Amended Final Weighted-Average Margin Percentage Sfmt 4703 37.18 received a timely request to revoke in part the antidumping duty order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea with respect to one exporter. Notice of No Sales Under 19 CFR 351.213(d)(3), the Department may rescind a review where there are no exports, sales, or entries of subject merchandise during the respective period of review listed below. If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review, it should notify the Department within 30 days of publication of this notice in the Federal Register. The Department will consider rescinding the review only if the producer or exporter, as appropriate, submits a properly filed and timely statement certifying that it had no exports, sales, or entries of subject merchandise during the period of review. All submissions must be made in accordance with 19 CFR 351.303 and are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). Six copies of the submission should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. Further, in accordance with section 351.303(f)(1)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the period of review (‘‘POR’’). We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within five days of publication of this initiation notice and to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent Selection within 10 calendar days of publication of this Federal Register notice. E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Notices]
[Pages 48223-48224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22837]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Glycine from the People's Republic of China

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

EFFECTIVE DATE: September 22, 2009.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Dena Crossland, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce (``the Department''), 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3019 or (202) 482-3362, respectively.

SUPPLEMENTARY INFORMATION:

Amendment to the Final Results

    In accordance with sections 751(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``the Act''), on August 6, 2009, the Department 
issued its final results in the administrative review of the 
antidumping duty order on glycine from the People's Republic of China 
(``PRC''), covering the March 1, 2007, through February 29, 2008, 
period. The final results were subsequently released to all parties in 
the proceeding, and published in the Federal Register on August 14, 
2009. See Glycine from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 74 FR 41121 (August 14, 2009) 
(``Glycine Final Results''). On August 17, 2009, and pursuant to 19 CFR 
351.224(c)(2), we received a timely-filed allegation from the domestic 
interested producer participating in this administrative review, GEO 
Specialty Chemicals, Inc. (``GEO''), that the Department made 
ministerial errors with respect to its final dumping margin calculation 
for respondent Baoding Mantong Fine Chemistry Co., Ltd. (``Baoding 
Mantong''). See Letter from GEO Specialty Chemicals, Inc. to the 
Department of Commerce, regarding ``Ministerial Error Comments,'' dated 
August 17, 2009 (``GEO Ministerial Letter''). On August 21, 2009, we 
received comments from Baoding Mantong regarding the ministerial errors 
alleged by GEO. See Letter from Baoding Mantong Fine Chemistry Co., 
Ltd. to the Department of Commerce, regarding ``Response to 
Petitioner's Ministerial Error Allegations,'' dated August 21, 2009 
(``Baoding Mantong Response Letter''). For a discussion of the 
Department's analysis of the allegations in the GEO Ministerial Letter 
and rebuttal comments in the Baoding Mantong Response Letter, see 
Memorandum from Dena Crossland to Richard O. Weible, entitled, 
``Ministerial Errors Allegation in the Final Results of the Antidumping 
Duty Administrative Review of Glycine from the People's Republic of 
China: Baoding Mantong Fine Chemistry Co., Ltd.,'' dated September 14, 
2009.
    A ministerial error includes ``errors in addition, subtraction, or 
other arithmetic function, clerical errors resulting from inaccurate 
copying, duplication, or the like, and any other type of unintentional 
error which {the Department{time}  considers ministerial.'' Section 
751(h) of the Act; see also 19 CFR 351.224(f). In the GEO Ministerial 
Letter, GEO alleges that the Department made two ministerial errors in 
calculating Baoding Mantong's dumping margin for the final results of 
this administrative review. First, GEO alleges that the Department made 
a ministerial error by not converting the Chemical Weekly value for 
methanol from a per-liter to a per-kilogram basis. Additionally, GEO 
argues that the Department should not have multiplied Chemical Weekly 
prices for formaldehyde from the period of review by a 37.2-percent 
concentration level (a simple average of the concentration levels that 
Baoding Mantong reported for the formaldehyde it consumes in the 
production of glycine) because Chemical Weekly prices were already 
based on a 37-percent concentration level, rather than a 100-percent 
concentration level.
    After analyzing GEO's ministerial error comments and Baoding 
Mantong's rebuttal comments, we have determined, in accordance with 19 
CFR 351.224(e), that we made the following ministerial error with 
respect to our final dumping margin calculation for Baoding Mantong: 
the Department inadvertently did not convert the Chemical Weekly value 
for methanol from a per-liter basis to a per-kilogram basis. See GEO 
Ministerial Letter; see also Administrative Review of Glycine from the 
People's Republic of China: Surrogate Values for the Preliminary 
Results, dated March 31, 2009, at 6 and Attachment 5B, and 2007/2008 
Antidumping Duty Administrative Review of Glycine from the People's 
Republic of China: Program Analysis for the Final Results, dated August 
6, 2009, at Attachment 3. The Department has revised its calculation of 
the surrogate value for methanol to be consistent with Baoding 
Mantong's reporting of its methanol input, as originally intended by 
the Department.
    With respect to GEO's allegation that the Department erred in its 
calculation of the surrogate value for formaldehyde, we find that the 
alleged error does not meet the definition of ministerial error 
pursuant to 19 CFR 351.224(f) and is methodological in nature. 
Specifically, it is clear from the record that the Department intended 
to adjust the surrogate value for formaldehyde by 37.2 percent, which 
is a simple average of the concentration levels that Baoding Mantong 
reported for the formaldehyde it consumes in the production of the 
subject merchandise. Therefore, we have not changed our surrogate value 
for formaldehyde.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final results in this antidumping duty administrative review of 
glycine from the PRC. After correcting the ministerial error with 
respect to Baoding Mantong's methanol input, the amended final 
weighted-average dumping margin is as follows:

[[Page 48224]]



----------------------------------------------------------------------------------------------------------------
                                              Final Results Weighted-Average     Amended Final Weighted-Average
           Manufacturer/Exporter                    Margin Percentage                  Margin Percentage
----------------------------------------------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd...                              33.67                              37.18
----------------------------------------------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these amended final results of review. In accordance 
with 19 CFR 351.212(b)(1), we have calculated importer-specific 
assessment rates for merchandise subject to this review.

Cash Deposit Requirements

    The following deposit requirements will be effective retroactively 
on any entries made on or after August 14, 2009, the date of 
publication of the Final Results, for all shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption 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 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 will remain in effect until further notice.

Notification of Interested Parties

    This notice also serves as a 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. This notice also serves as a 
reminder to parties subject to administrative protective orders 
(``APOs'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305, which continues to govern business proprietary information 
in this segment of the proceeding. 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 violation that is subject to 
sanction.
    We are issuing and publishing these amended final results of review 
and notice in accordance with sections 751(a) and 777(i) of the Act.

    Dated: September 14, 2009.
Carole Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-22837 Filed 9-21-09; 8:45 am]
BILLING CODE 3510-DS-S