Glycine From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2012, 52501-52502 [2013-20655]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52501-52502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20655]



[[Page 52501]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Preliminary 
Rescission of Antidumping Duty New Shipper Review; 2012

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

ACTION: Notice.

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SUMMARY: We are conducting a new shipper review of the antidumping duty 
order on glycine from the People's Republic of China (PRC). The new 
shipper review covers Hebei Donghua Jiheng Fine Chemical Company, Ltd. 
(Donghua Fine Chemical) for the period of review March 1, 2012, through 
August 31, 2012. We have preliminarily determined that Donghua Fine 
Chemical does not qualify as a new shipper. Therefore, we are 
preliminarily rescinding this new shipper review.

DATES: Effective August 23, 2013.

FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-7924 and (202) 482-3019, 
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. 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.\1\
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    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration, 
regarding, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Glycine from the People's 
Republic of China'' (Preliminary Decision Memorandum), dated 
concurrently with these results and hereby adopted by this notice, 
for a complete description of the scope of the order; see also 
Antidumping Duty Order: Glycine From the People's Republic of China, 
60 FR 16116 (March 29, 1995).
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Methodology

    We have conducted this new shipper review in accordance with 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.214. For a full description of the methodology 
underlying our conclusions, please see Preliminary Decision Memorandum 
and Proprietary Preliminary Decision Memorandum,\2\ both dated 
concurrently with these results and hereby adopted by this notice.
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    \2\ See Memorandum to Richard O. Weible, Director, Antidumping 
and Countervailing Duty Operations, Office 7, Import Administration, 
regarding, ``Proprietary Decision Memorandum for Preliminary Results 
of Antidumping Duty New Shipper Review: Glycine from the People's 
Republic of China,'' dated concurrently with these results and 
hereby adopted by this notice (Proprietary Preliminary Decision 
Memorandum).
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    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 Rescission

    Based on information that Donghua Fine Chemical and Hebei Donghua 
Jiheng Chemical Company, Ltd. (Donghua Chemical) (collectively, the 
Hebei Companies) submitted in the context of this new shipper review in 
support of Donghua Fine Chemical's new shipper review request, we 
determine that Donghua Fine Chemical does not meet the minimum 
requirements in its request for a new shipper review under 19 CFR 
351.214(b)(2)(iv)(A) and (C).\3\ Therefore, we preliminarily determine 
that it is appropriate to rescind the new shipper review with respect 
to Donghua Fine Chemical.\4\
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    \3\ We note that based on the information presented at 
initiation, we initiated a review of Donghua Fine Chemical's exports 
to the United States of glycine from the PRC. However, based on our 
review of record information, we note that this new shipper review 
covers imports of technical grade (or crude glycine) produced by 
Donghua Chemical and then further processed and exported by Donghua 
Fine Chemical.
    \4\ We have not conducted a detailed bona fides analysis for 
these preliminary results due to the preliminary decision that 
Donghua Fine Chemical is not eligible for a new shipper review 
because record evidence appears to indicate that Donghua Fine 
Chemical is affiliated with entities that exported subject 
merchandise to the United States more than one year prior to Donghua 
Fine Chemical's request for new shipper review. Should Donghua Fine 
Chemical sufficiently demonstrate that it is not, in fact, 
affiliated with entities which exported subject merchandise to the 
United States more than one year prior to Donghua Fine Chemical's 
request for new shipper review as detailed above, we will conduct a 
full bona fides analysis of Donghua Fine Chemical's reported sales 
at that time.
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Disclosure and Public Comment

    We will disclose analysis performed to parties to the proceeding, 
normally not later than ten days after the day of the public 
announcement of, or, if there is no public announcement, within five 
days after the date of publication of, this notice.\5\
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    \5\ See 19 CFR 351.224(b).
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    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department.\6\ Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days later.\7\ Parties who submit case or 
rebuttal briefs are requested to submit with each argument: (1) A 
statement of the issue; and (2) a brief summary of the argument. 
Parties are requested to provide a summary of the arguments not to 
exceed five pages and a table of statutes, regulations, and cases 
cited.
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    \6\ See 19 CFR 351.309(c)(ii).
    \7\ See 19 CFR 351.309(d).
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    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration within 30 days after the 
day of publication of this notice. A request should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed.\8\ Issues 
raised in the hearing will be limited to those raised in case briefs.
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    \8\ See 19 CFR 351.310(c).
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    We will issue the final rescission or final results of this new 
shipper review, including the results of our analysis of issues raised 
in any briefs, within 90 days after the date on which the preliminary 
rescissions were issued, unless the deadline for the final results is 
extended.\9\
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    \9\ See 19 CFR 351.214(i).
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Assessment Rates

    Donghua Fine Chemical's entries are currently subject to the PRC-
wide rate. Although we intend to rescind the new shipper review, we are 
currently conducting an administrative review for the period of review 
March 1, 2012, through February 28, 2013, which covers the entry 
subject to this new

[[Page 52502]]

shipper review. Accordingly, we will instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend entries during the period March 
1, 2012, through February 28, 2013, of subject merchandise exported by 
Donghua Fine Chemical until CBP receives instructions relating to the 
administrative review covering the period March 1, 2012, through 
February 28, 2013.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this new shipper review, we will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Donghua Fine Chemical. If we proceed 
to a final rescission of this new shipper review, the cash deposit rate 
will continue to be the PRC-wide rate for Donghua Fine Chemical. If we 
issue final results of the new shipper review, we will instruct CBP to 
collect cash deposits, effective upon the publication of the final 
results, at the rate established therein.

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.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Discussion of Methodology

[FR Doc. 2013-20655 Filed 8-22-13; 8:45 am]
BILLING CODE 3510-DS-P