Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2011-2012, 72817-72818 [2012-29543]
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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
product description of the scope of the
order is dispositive.2
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Partial
Rescission of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (the
PRC). The period of review (POR) is
March 1, 2011, through February 29,
2012. The review covers one exporter of
subject merchandise, Baoding Mantong
Fine Chemistry Co. Ltd. (Baoding
Mantong). We have preliminarily found
that Baoding Mantong has not
cooperated to the best of its ability and
has withheld information, significantly
impeding the proceeding. Therefore, we
preliminarily determine that we must
rely on facts otherwise available, with
an adverse inference, in order to
determine a weighted-average dumping
margin for Baoding Mantong.
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT:
Brian Davis or Ericka Ukrow, 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) 482–7924 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
mstockstill on DSK4VPTVN1PROD with
The product covered by the
antidumping duty order is glycine,
which is a free-flowing crystalline
material, like salt or sugar.1 The subject
merchandise is currently classifiable
under Harmonized Tariff Schedule of
the United States (HTSUS) subheading:
2922.49.4020. The HTSUS subheading
is provided for convenience and
customs purposes only; the written
1 See Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review and Preliminary Partial Rescission of
Antidumping Duty Administrative Review: Glycine
from the People’s Republic of China’’ from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Import Administration, dated concurrently with
this notice (Preliminary Decision Memorandum),
for a complete description of the scope of the order.
VerDate Mar<15>2010
16:42 Dec 05, 2012
Jkt 229001
Preliminary Partial Rescission of
Review
With the exception of Baoding
Mantong, the sole mandatory
respondent in this proceeding, we are
preliminarily rescinding this review for
all other companies named in the
Initiation Notice 3 because while the
review requests have been withdrawn in
a timely manner, these companies have
not previously received separate rate
status and, as such, remain part of the
PRC-wide entity.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see
Preliminary Decision Memorandum,
which is hereby adopted by this notice.
The Preliminary 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).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists:
Dumping
margin
(percent)
Exporter
PRC-wide entity (including
Baoding Mantong Fine
Chemistry Co., Ltd.) ..............
453.79
Disclosure and Public Comment
The Department will disclose
calculations performed, if applicable,
for these preliminary results to the
parties within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Interested
parties may submit written comments
no later than 30 days after the date of
publication of these preliminary results
of review.4 Rebuttals to written
comments may be filed no later than
five days after the written comments are
filed.5
Any interested party may request a
hearing within 30 days of publication of
this notice.6 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.7
The Department will issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any such
comments, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act.
Assessment Rates
Upon issuing the final results of the
review, the Department shall 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 the final results of
review. The Department recently
announced a refinement to its
assessment practice in non-market
economy (NME) cases.8 Pursuant to this
refinement in practice, for entries that
were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
4 See
2 See
Antidumping Duty Order: Glycine from the
People’s Republic of China, 60 FR 16116 (March 29,
1995).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 25401 (April
30, 2012) (Initiation Notice).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
72817
19 CFR 351.309(c).
19 CFR 351.309(d).
6 See 19 CFR 351.310(c).
7 See 19 CFR 351.310(d).
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment Practice
Refinement’’).
5 See
E:\FR\FM\06DEN1.SGM
06DEN1
72818
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
exporter’s rate) will be liquidated at the
NME-wide rate.9
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).10 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
mstockstill on DSK4VPTVN1PROD with
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
the PRC-wide entity (including Baoding
Mantong), the cash deposit rate will be
that established in the final results of
this review; (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; 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
exporter that supplied that non-PRC
9 See Assessment Practice Refinement, 76 FR at
65694.
10 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
VerDate Mar<15>2010
16:42 Dec 05, 2012
Jkt 229001
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Partial Rescission of Review
2. Separate Rates
3. Use of Facts Available and Adverse
Facts Available
[FR Doc. 2012–29543 Filed 12–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Pipes
and Tubes From Turkey; Final Results
of Antidumping Duty Administrative
Review; 2010 to 2011
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On June 1, 2012, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the administrative review of
the antidumping duty order on circular
welded carbon steel pipes and tubes
from Turkey.1 This review covers four
producers and exporters of subject
merchandise: Borusan, Erbosan,
Toscelik, and Yucel.2 The period of
AGENCY:
1 See Circular Welded Carbon Steel Pipes and
Tubes From Turkey: Notice of Preliminary Results
of Antidumping Duty Administrative Review, 77 FR
32508 (June 1, 2012) (‘‘Preliminary Results’’).
2 The Department initiated a review on the
Borusan Group, which includes Borusan
Mannesmann Boru Sanayi ve Ticaret A.S., Borusan
Birlesik Boru Fabrikalari San ve Tic., Borusan
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
review (‘‘POR’’) is May 1, 2010, through
April 30, 2011. Based on our analysis of
the comments received, we have made
certain changes in the margin
calculations. The final results,
consequently, differ from the
Preliminary Results. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Christopher Hargett, at
(202) 482–5075 or (202) 482–4161,
respectively; AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the Department
published the Preliminary Results. In
the Preliminary Results, the Department
did not address the targeted dumping
allegation submitted by the petitioner
on May 9, 2012 and May 14, 2012.3 We
invited interested parties to comment on
the Preliminary Results.4
On October 23, 2012, the Department
issued a post-preliminary analysis.5 At
that time, we invited parties to comment
on the Department’s analysis in
addressing the petitioners’ targeted
dumping allegation in this review.6
On October 27, 2012, we invited
Borusan to submit certain cost data.7
Borusan submitted that data on October
29, 2012.8
Istikbal Ticaret T.A.S., Boruson Gemlik Boru
Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim
A.S., Borusan Ithicat ve Dagitim A.S., and Tubeco
Pipe and Steel Corporation (collectively,
‘‘Borusan’’); ERBOSAN Erciyas Boru Sanayi ve
Ticaret A.S. (‘‘Erbosan’’); Toscelik Profil ve Sac
Endustrisi A.S., Toscelik Metal Ticaret A.S., Tosyali
Dis Ticaret A.S. (collectively, ‘‘Toscelik’’); the Yucel
Group and all affiliates, Yucel Boru ve Profil
Endustrisi A.S., Yucelboru Ihracat Ithalat ve
Pazarlama A.S., and Cayirova Boru Sanayi ve
Ticaret A.S. (collectively, ‘‘Yucel.’’).
3 See id., 77 FR at 32510.
4 See id., 77 FR at 32512.
5 See the Department’s ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey 2010–2011
Administrative Review: Post-Preliminary Analysis
and Calculation Memorandum,’’ dated October 23,
2012 (‘‘Post-Preliminary Analysis’’).
6 See Post-Preliminary Analysis at 5; see also the
Department’s October 31, 2012, memorandum to
the File setting the case and rebuttal brief due dates.
7 See the Department’s October 27, 2012, section
D supplemental questionnaire to Borusan.
8 See Letter from Borusan to the Department,
dated October 28, 2012, entitled ‘‘Response of
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
to the Supplemental Questionnaire Regarding
Targeted Dumping in the 2010–2011 Antidumping
Administrative Review Involving Certain Welded
Carbon Steel Standard Pipe from Turkey.’’
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72817-72818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29543]
[[Page 72817]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Partial
Rescission of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on glycine from the
People's Republic of China (the PRC). The period of review (POR) is
March 1, 2011, through February 29, 2012. The review covers one
exporter of subject merchandise, Baoding Mantong Fine Chemistry Co.
Ltd. (Baoding Mantong). We have preliminarily found that Baoding
Mantong has not cooperated to the best of its ability and has withheld
information, significantly impeding the proceeding. Therefore, we
preliminarily determine that we must rely on facts otherwise available,
with an adverse inference, in order to determine a weighted-average
dumping margin for Baoding Mantong.
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Ericka Ukrow, 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) 482-7924
or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the antidumping duty order is glycine, which
is a free-flowing crystalline material, like salt or sugar.\1\ The
subject merchandise is currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheading: 2922.49.4020. The
HTSUS subheading is provided for convenience and customs purposes only;
the written product description of the scope of the order is
dispositive.\2\
---------------------------------------------------------------------------
\1\ See Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Partial
Rescission of Antidumping Duty Administrative Review: Glycine from
the People's Republic of China'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration, dated concurrently with this notice
(Preliminary Decision Memorandum), for a complete description of the
scope of the order.
\2\ See Antidumping Duty Order: Glycine from the People's
Republic of China, 60 FR 16116 (March 29, 1995).
---------------------------------------------------------------------------
Preliminary Partial Rescission of Review
With the exception of Baoding Mantong, the sole mandatory
respondent in this proceeding, we are preliminarily rescinding this
review for all other companies named in the Initiation Notice \3\
because while the review requests have been withdrawn in a timely
manner, these companies have not previously received separate rate
status and, as such, remain part of the PRC-wide entity.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
25401 (April 30, 2012) (Initiation Notice).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum, which is hereby adopted by this
notice. The Preliminary 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).
IA ACCESS is available to registered users at https://iaaccess.trade.gov
and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Dumping
Exporter margin
(percent)
------------------------------------------------------------------------
PRC-wide entity (including Baoding Mantong Fine Chemistry 453.79
Co., Ltd.)...............................................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed, if applicable,
for these preliminary results to the parties within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit written comments no later
than 30 days after the date of publication of these preliminary results
of review.\4\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\5\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\6\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.310(c).
\7\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any such comments, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of the review, the Department shall
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 the final results of review. The Department recently
announced a refinement to its assessment practice in non-market economy
(NME) cases.\8\ Pursuant to this refinement in practice, for entries
that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that
[[Page 72818]]
exporter's rate) will be liquidated at the NME-wide rate.\9\
---------------------------------------------------------------------------
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement'').
\9\ See Assessment Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\10\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\10\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the PRC-wide
entity (including Baoding Mantong), the cash deposit rate will be that
established in the final results of this review; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity; 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
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Partial Rescission of Review
2. Separate Rates
3. Use of Facts Available and Adverse Facts Available
[FR Doc. 2012-29543 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P
