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

Download as PDF Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices 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 Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: 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: SUMMARY: 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 tkelley on DSK3SPTVN1PROD with NOTICES Methodology We have conducted this new shipper review in accordance with section 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). VerDate Mar<15>2010 17:28 Aug 22, 2013 Jkt 229001 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. 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 http://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 http://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 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). 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 52501 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 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. 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. 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 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 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. 5 See 19 CFR 351.224(b). 6 See 19 CFR 351.309(c)(ii). 7 See 19 CFR 351.309(d). 8 See 19 CFR 351.310(c). 9 See 19 CFR 351.214(i). E:\FR\FM\23AUN1.SGM 23AUN1 52502 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices 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. tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:28 Aug 22, 2013 Jkt 229001 DEPARTMENT OF COMMERCE Period of Review International Trade Administration The period of review (‘‘POR’’) is May 26, 2011, through May 31, 2012. This POR corresponds to the period from the date of suspension of liquidation to the end of the month immediately preceding the first semiannual anniversary month pursuant to 19 CFR 351.214(g)(1)(ii)(B). [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: On May 30, 2013, the Department of Commerce (‘‘Department’’) published the preliminary results of an antidumping duty new shipper review of multilayered wood flooring (‘‘MLWF’’) from the People’s Republic of China (‘‘PRC’’).1 We invited interested parties to comment on our preliminary results. Based on our analysis of the comments, we made changes to our margin calculations for this new shipper, Power Dekor Group Co., Ltd. (‘‘Power Dekor’’). We continue to find that Power Dekor did not make a sale of subject merchandise at less than normal value. DATES: Effective August 23, 2013. FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4852. SUPPLEMENTARY INFORMATION: SUMMARY: Case History The Department published the Preliminary Results on May 30, 2013.2 On July 1, 2013, The Coalition for American Hardwood Parity (‘‘Petitioner’’) submitted its case brief,3 and on July 8, 2013, Power Dekor submitted its rebuttal brief.4 1 See Multilayered Wood Flooring From the People’s Republic of China; Preliminary Results of Antidumping Duty New Shipper Review; 2011– 2012, 78 FR 32367 (May 30, 2013) (‘‘Preliminary Results’’). 2 Also adopted as part of the Preliminary Results was the Memorandum to Paul Piquado entitled ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty New Shipper Review: Multilayered Wood Flooring from the People’s Republic of China,’’ dated May 23, 2013 (‘‘Preliminary Decision Memorandum’’). 3 See Letter from Petitioner entitled ‘‘Multilayered Wood Flooring from China: New Shipper Review,’’ dated July 1, 2013. 4 See Letter from Power Dekor Group entitled ‘‘New Shipper Review for Multilayered Wood Flooring from the People’s Republic of China: Response to Petitioner’s Comments,’’ dated July 8, 2013. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Scope of the Order The merchandise covered by the order includes MLWF, subject to certain exceptions.5 The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5105; 4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 5 For a complete description of the Scope of the Order, see Memorandum to Ronald K. Lorentzen entitled ‘‘Issues and Decision Memorandum for the Final Results in the Antidumping Duty New Shipper Review of Multilayered Wood Flooring from the People’s Republic of China,’’ dated August 16, 2013 (‘‘Issues and Decision Memorandum’’). E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 http://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 http://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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c)(ii).
    \7\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.214(i).
---------------------------------------------------------------------------

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