Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 64100-64101 [2012-25595]

Download as PDF 64100 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Notices collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Brigitte Sumter, Regulations and Paperwork Management Branch, Support Services Division, U.S. Department of Agriculture, Rural Development, 1400 Independence Avenue SW., STOP 0742, 1400 Independence Ave. SW., Washington, DC 20250. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Nondiscrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720– 2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250–9410, or call (800) 795–3272 (voice) or (202) 720–6382 (TDD). USDA is an equal opportunity provider, employer, and lender. [FR Doc. 2012–25682 Filed 10–17–12; 8:45 am] BILLING CODE 3410–XY–P DEPARTMENT OF COMMERCE mstockstill on DSK4VPTVN1PROD with NOTICES International Trade Administration [A–570–836] Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce VerDate Mar<15>2010 18:15 Oct 17, 2012 Jkt 229001 SUMMARY: Period of Review The period of review is March 1, 2010, through February 28, 2011. opportunity to comment on the preliminary results of review and to submit, pursuant to 19 CFR 351.301(c)(3)(ii) and 351.408(c), publicly available information to value factors of production within 20 days after the date of publication of the results. The domestic interested party, GEO Specialty Chemicals, Inc. (GEO), submitted factor-valuation information on May 1, 2012. GEO and the sole respondent in this review,3 Baoding Mantong, submitted case briefs on May 11, 2012, and Baoding Mantong submitted rebuttal comments on May 16, 2012. Based on the comments received, we made revisions to certain surrogate valuations and the preliminary margin-calculation program for Baoding Mantong. We released the Revised Preliminary Results of review to all interested parties on June 27, 2012. Both GEO and Baoding Mantong submitted comments and factorvaluation information on the Revised Preliminary Results on July 16, 2012, and rebuttal comments on July 23, 2012. On July 31, 2012, we extended fully the deadline of the final results of review from August 9, 2012, to October 9, 2012.4 Background On April 11, 2012, the Department published the Preliminary Results in the Federal Register. The Department provided interested parties with the Dated: October 3, 2012. Lillian Salerno, Acting Administrator, Rural BusinessCooperative Service. AGENCY: Effective Date: October 18, 2012. On April 11, 2012, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on glycine from the People’s Republic of China (PRC) 1 in the Federal Register. We revised the preliminary results on June 27, 2012, and issued the results to all interested parties for comment.2 We have analyzed all comments received by the parties and have made changes to the margin calculation with respect to the sole company subject to this review, Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong), for the final results. FOR FURTHER INFORMATION CONTACT: Edythe Artman 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) 482–3931 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: DATES: Analysis of Comments Received All issues raised in the case and rebuttal briefs and additional comments received by parties to this review are addressed in the memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ‘‘Issues and Decision Memorandum for the Final Results in the Administrative Review of Glycine from the People’s Republic of China’’ (Decision Memorandum), which is dated concurrently with, and adopted by, this notice. A list of the issues which parties raised, and to which we respond in the Decision Memorandum is attached to this notice as an Appendix. The Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS is available to registered users at http:// 1 See Glycine From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review, 77 FR 21738 (April 11, 2012) (Preliminary Results). 2 See Memorandum to the File, through Angelica Mendoza, Program Manager, Antidumping and Countervailing Duty Operations, Office 7, dated June 27, 2012, entitled, ‘‘Revisions to Certain Surrogate Valuations and the Preliminary MarginCalculation Program for Baoding Mantong Fine Chemistry Co., Ltd.’’ (Revised Preliminary Results). 3 We rescinded this review with respect to 29 other companies after GEO submitted a timely request to withdraw its request for review of these companies. Preliminary Results, 77 FR at 21739. 4 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Edythe Artman, International Trade Compliance Analyst, regarding ‘‘Glycine from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated July 31, 2012. 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Notices iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ ia/. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Changes Since the Revised Preliminary Results Based on a review of the record and comments received from parties regarding our preliminary results and Revised Preliminary Results, we have made no changes to the margin calculation for Baoding Mantong in these final results of review. However, following our preliminary results, we asked the company to provide additional information concerning international freight expenses on its constructed-export-price sales. The company did not respond to our request within the applicable deadline and, as a result, we have applied surrogate freight expenses to some constructedexport-price sales for which freight services may have been provided by a non-market-economy carrier. mstockstill on DSK4VPTVN1PROD with NOTICES Separate Rates Determination In our Preliminary Results, we determined that Baoding Mantong met the criteria for separate-rate status. We have not received any information since issuance of the preliminary results that provides a basis for reconsidering this preliminary determination. Therefore, the Department continues to find that Baoding Mantong meets the criteria for a separate rate. publication of the final results of this review. In accordance with 19 CFR 351.212(b)(1), we have calculated, whenever possible, an exporter/ importer (or customer)-specific assessment rate or value for merchandise subject to these reviews as described below. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any exporter/importer-specific assessment rate calculated in the final results of this review is above de minimis. Export Price Sales With respect to export-price sales for these final results, we divided the total dumping margins (calculated as the difference between normal value and export-price) for each exporter’s importer or customer by the total number of units the exporter sold to that importer or customer. We will direct CBP to assess the resulting per-unit dollar amount against each unit of merchandise in each of that importer’s/ customer’s entries during the review period. Constructed Export Price Sales For constructed-export-price sales, we divided the total dumping margins for the reviewed sales by the total entered value of those reviewed sales for each importer. We will direct CBP to assess the resulting assessment rate against the entered customs values for the subject merchandise on each of that importer’s entries during the review period. See 19 CFR 351.212(b). Cash-Deposit Requirements The following cash-deposit requirements will be effective upon publication of these final results of Final Results of the Review review for all shipments of subject merchandise entered, or withdrawn The Department has determined that from warehouse, for consumption on or the following margin exists for the period March 1, 2010, through February after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) 28, 2011: For the exporters listed above, the cash deposit rate will be the rate established Margin Exporter (percent) in the final results of this review (i.e., Baoding Mantong) (except that if the Baoding Mantong Fine Chemrate for a particular company is de istry Co., Ltd .......................... 453.79 minimis, i.e., less than 0.5 percent, no cash deposit will be required for that Assessment Rates company); (2) for previously Consistent with these final results, investigated or reviewed PRC and nonand pursuant to section 751(a)(2)(B) of PRC exporters not listed above that have the Tariff Act of 1930, as amended (the separate rates, the cash deposit rate will Act), and 19 CFR 351.212(b)(1), the continue to be the exporter-specific rate Department will direct U.S. Customs published for the most recent period; (3) and Border Protection (CBP) to assess for all PRC exporters of subject antidumping duties on all appropriate merchandise which have not been entries. The Department will issue found to be entitled to a separate rate, appropriate assessment instructions to the cash deposit rate will be the PRCCBP 15 days after the date of wide rate of 155.89 percent; and (4) for VerDate Mar<15>2010 18:15 Oct 17, 2012 Jkt 229001 PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 64101 all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 period of review. 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. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) 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 which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: October 9, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix Comment 1: Valuation of Liquid Chlorine Comment 2: Valuation of Liquid Ammonia Comment 3: Valuation of Formaldehyde Comment 4: Valuation of Steam Coal Comment 5: Valuations of By-Products Comment 6: Valuation of Surrogate Financial Ratios Comment 7: Implementation of Verification Findings Comment 8: Import Data Extracted in Incorrect Currency Comment 9: Errors in the Calculations of Surrogate Values for Packing Materials [FR Doc. 2012–25595 Filed 10–17–12; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Notices]
[Pages 64100-64101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25595]


=======================================================================
-----------------------------------------------------------------------

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

DATES: Effective Date: October 18, 2012.

SUMMARY: On April 11, 2012, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on glycine from the People's Republic of China 
(PRC) \1\ in the Federal Register. We revised the preliminary results 
on June 27, 2012, and issued the results to all interested parties for 
comment.\2\ We have analyzed all comments received by the parties and 
have made changes to the margin calculation with respect to the sole 
company subject to this review, Baoding Mantong Fine Chemistry Co. Ltd. 
(Baoding Mantong), for the final results.
---------------------------------------------------------------------------

    \1\ See Glycine From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review, 77 FR 21738 
(April 11, 2012) (Preliminary Results).
    \2\ See Memorandum to the File, through Angelica Mendoza, 
Program Manager, Antidumping and Countervailing Duty Operations, 
Office 7, dated June 27, 2012, entitled, ``Revisions to Certain 
Surrogate Valuations and the Preliminary Margin-Calculation Program 
for Baoding Mantong Fine Chemistry Co., Ltd.'' (Revised Preliminary 
Results).

FOR FURTHER INFORMATION CONTACT: Edythe Artman 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-
---------------------------------------------------------------------------
3931 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

Period of Review

    The period of review is March 1, 2010, through February 28, 2011.

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.

Background

    On April 11, 2012, the Department published the Preliminary Results 
in the Federal Register. The Department provided interested parties 
with the opportunity to comment on the preliminary results of review 
and to submit, pursuant to 19 CFR 351.301(c)(3)(ii) and 351.408(c), 
publicly available information to value factors of production within 20 
days after the date of publication of the results. The domestic 
interested party, GEO Specialty Chemicals, Inc. (GEO), submitted 
factor-valuation information on May 1, 2012. GEO and the sole 
respondent in this review,\3\ Baoding Mantong, submitted case briefs on 
May 11, 2012, and Baoding Mantong submitted rebuttal comments on May 
16, 2012. Based on the comments received, we made revisions to certain 
surrogate valuations and the preliminary margin-calculation program for 
Baoding Mantong. We released the Revised Preliminary Results of review 
to all interested parties on June 27, 2012.
---------------------------------------------------------------------------

    \3\ We rescinded this review with respect to 29 other companies 
after GEO submitted a timely request to withdraw its request for 
review of these companies. Preliminary Results, 77 FR at 21739.
---------------------------------------------------------------------------

    Both GEO and Baoding Mantong submitted comments and factor-
valuation information on the Revised Preliminary Results on July 16, 
2012, and rebuttal comments on July 23, 2012. On July 31, 2012, we 
extended fully the deadline of the final results of review from August 
9, 2012, to October 9, 2012.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Edythe Artman, International Trade Compliance Analyst, regarding 
``Glycine from the People's Republic of China: Extension of Deadline 
for Final Results of Antidumping Duty Administrative Review,'' dated 
July 31, 2012.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs and additional 
comments received by parties to this review are addressed in the 
memorandum to Paul Piquado, Assistant Secretary for Import 
Administration, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled, ``Issues and 
Decision Memorandum for the Final Results in the Administrative Review 
of Glycine from the People's Republic of China'' (Decision Memorandum), 
which is dated concurrently with, and adopted by, this notice. A list 
of the issues which parties raised, and to which we respond in the 
Decision Memorandum is attached to this notice as an Appendix. The 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS 
is available to registered users at http://

[[Page 64101]]

iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://www.trade.gov/ia/. The signed Decision 
Memorandum and the electronic versions of the Decision Memorandum are 
identical in content.

Changes Since the Revised Preliminary Results

    Based on a review of the record and comments received from parties 
regarding our preliminary results and Revised Preliminary Results, we 
have made no changes to the margin calculation for Baoding Mantong in 
these final results of review. However, following our preliminary 
results, we asked the company to provide additional information 
concerning international freight expenses on its constructed-export-
price sales. The company did not respond to our request within the 
applicable deadline and, as a result, we have applied surrogate freight 
expenses to some constructed-export-price sales for which freight 
services may have been provided by a non-market-economy carrier.

Separate Rates Determination

    In our Preliminary Results, we determined that Baoding Mantong met 
the criteria for separate-rate status. We have not received any 
information since issuance of the preliminary results that provides a 
basis for reconsidering this preliminary determination. Therefore, the 
Department continues to find that Baoding Mantong meets the criteria 
for a separate rate.

Final Results of the Review

    The Department has determined that the following margin exists for 
the period March 1, 2010, through February 28, 2011:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                            (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd....................       453.79
------------------------------------------------------------------------

Assessment Rates

    Consistent with these final results, and pursuant to section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.212(b)(1), the Department will direct U.S. Customs and Border 
Protection (CBP) to assess antidumping duties on all appropriate 
entries. The Department will issue appropriate assessment instructions 
to CBP 15 days after the date of publication of the final results of 
this review. In accordance with 19 CFR 351.212(b)(1), we have 
calculated, whenever possible, an exporter/importer (or customer)-
specific assessment rate or value for merchandise subject to these 
reviews as described below. We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review if any 
exporter/importer-specific assessment rate calculated in the final 
results of this review is above de minimis.

Export Price Sales

    With respect to export-price sales for these final results, we 
divided the total dumping margins (calculated as the difference between 
normal value and export-price) for each exporter's importer or customer 
by the total number of units the exporter sold to that importer or 
customer. We will direct CBP to assess the resulting per-unit dollar 
amount against each unit of merchandise in each of that importer's/
customer's entries during the review period.

Constructed Export Price Sales

    For constructed-export-price sales, we divided the total dumping 
margins for the reviewed sales by the total entered value of those 
reviewed sales for each importer. We will direct CBP to assess the 
resulting assessment rate against the entered customs values for the 
subject merchandise on each of that importer's entries during the 
review period. See 19 CFR 351.212(b).

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of these final results of review for all shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be the rate established in the final results of this 
review (i.e., Baoding Mantong) (except that if the rate for a 
particular company is de minimis, i.e., less than 0.5 percent, no cash 
deposit will be required for that company); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 155.89 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice 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 period of review. 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) 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 which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 9, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Valuation of Liquid Chlorine
Comment 2: Valuation of Liquid Ammonia
Comment 3: Valuation of Formaldehyde
Comment 4: Valuation of Steam Coal
Comment 5: Valuations of By-Products
Comment 6: Valuation of Surrogate Financial Ratios
Comment 7: Implementation of Verification Findings
Comment 8: Import Data Extracted in Incorrect Currency
Comment 9: Errors in the Calculations of Surrogate Values for 
Packing Materials

[FR Doc. 2012-25595 Filed 10-17-12; 8:45 am]
BILLING CODE 3510-DS-P