Glycine From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2012, 73837-73838 [2013-29337]

Download as PDF Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices including this investigation.38 The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to section 777(i) of the Act. Dated: December 2, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I maindgalligan on DSK5TPTVN1PROD with NOTICES Scope of the Investigation The product subject to this investigation is 1,1,1,2-Tetrafluoroethane, R–134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2-tetrafluoroethane is CF3-CH2F, and the Chemical Abstracts Service (‘‘CAS’’) registry number is CAS 811–97–2. 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2tetrafluoroethane has been sold as Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, Refrigerant 134a, and UN3159. Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2013–29344 Filed 12–6–13; 8:45 am] BILLING CODE 3510–DS–P 38 See Certifications of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’). VerDate Mar<15>2010 17:03 Dec 06, 2013 Jkt 232001 73837 DEPARTMENT OF COMMERCE Scope of the Order International Trade Administration 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.2 [A–570–836] Glycine From the People’s Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2012 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 23, 2013, the Department of Commerce (the Department) published its Preliminary Rescission for the new shipper review of the antidumping duty order on glycine from the People’s Republic of China (PRC) covering the period of review March 1, 2012, through August 31, 2012, for Hebei Donghua Jiheng Fine Chemical Company, Ltd. (Donghua Fine Chemical).1 For these final results, we continue to find that, because Donghua Fine Chemical appears to be affiliated with PRC-companies that have had prior shipments of subject merchandise to the United States, it has therefore failed to certify to its first U.S. entry, U.S. shipment, and U.S. sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C). We also continue to find that Donghua Fine Chemical failed to report its first U.S. entry and/or U.S. shipment within one year of its request for a new shipper review, thus failing to satisfy the deadline requirements of 19 CFR 351.214(c). Because Donghua Fine Chemical’s request did not satisfy the regulatory requirements for a new shipper review, we are rescinding the new shipper for Donghua Fine Chemical. DATES: Effective Date: December 9, 2013. FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7924 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Period of Review 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. 1 See Glycine from the People’s Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2012, 78 FR 52501 (August 23, 2013) (Preliminary Rescission). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Tolling Deadlines As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, we have exercised our discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013. Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a nonbusiness day, in accordance with the Department’s practice, the deadline will become the next business day. Accordingly, the revised deadline for the final results of this review is now December 2, 2013.3 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 Final Decision Memorandum and Proprietary Analysis Memorandum,4 both dated concurrently with, and hereby adopted by, this notice. 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding, ‘‘Issues and Decision Memorandum for the Final Rescission of the Antidumping Duty New Shipper Reviews of Glycine from the People’s Republic of China’’ (Final 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). 3 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). 4 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ‘‘Proprietary Analysis Memorandum for the Final Rescission of the Antidumping Duty New Shipper Review of Glycine from the People’s Republic of China’’ (Proprietary Analysis Memorandum) dated concurrently with these results and hereby adopted by this notice, as much of the discussion is proprietary in nature. E:\FR\FM\09DEN1.SGM 09DEN1 73838 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices Final Rescission of Donghua Fine Chemical publication date at the ad valorem PRCwide rate, 453.79 percent. As we have explained in the Final Decision Memorandum and the Proprietary Analysis Memorandum, we continue to find that, because Donghua Fine Chemical appears to be affiliated with PRC-companies that have had prior shipments of subject merchandise to the United States, it has therefore failed to certify to its first U.S. entry, its first U.S. shipment, and its first U.S. sale, as required by 19 CFR 351.214(b)(2)(iv)(A) and (C).5 We also continue to find that Donghua Fine Chemical failed to report its first U.S. entry and/or U.S. shipment within one year of its request for a new shipper review, thus failing to satisfy the deadline requirements of 19 CFR 351.214(c). As a result, we are rescinding the new shipper review of Donghua Fine Chemical. Assessment Instructions Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Final Decision Memorandum and Proprietary Analysis Memorandum, both dated concurrently with, and hereby adopted by, this notice. A list of the issues raised in the briefs and addressed in the Final Decision Memorandum is appended to this notice. The Final Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Final Decision Memorandum and the electronic versions of the Final Decision Memorandum are identical in content. maindgalligan on DSK5TPTVN1PROD with NOTICES Cash Deposit Requirements Effective upon publication of the final rescission of the new shipper review of Donghua Fine Chemical, we will instruct U.S. Customs and Border Protection (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. Cash deposits will be required for exports of subject merchandise by Donghua Fine Chemical entered, or withdrawn from warehouse, for consumption on or after the As a result of the rescission of the new shipper review of Donghua Fine Chemical, the entries of subject merchandise made by Donghua Fine Chemical covered by this new shipper review will be reviewed in 2012–2013 administrative review. Because the period of review (POR) of the administrative review coincides with the POR of this new shipper review, we will assess Donghua Fine Chemical’s entries and issue liquidation instructions for Donghua Fine Chemical’s entries upon completion of the 2012–2013 administrative review. Accordingly, upon completion of the 2012–2013 administrative review, we will instruct CBP to assess antidumping duties on entries for Donghua Fine Chemical at the appropriate rate determined in the final results of the 2012–2013 administrative review. Notification to Importers This notice serves as a 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 antidumping duties occurred and the subsequent assessment of double antidumping duties. Return or Destruction of Proprietary Information This notice serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214. 5 See Final Decision Memorandum; see also Proprietary Analysis Memorandum. VerDate Mar<15>2010 17:03 Dec 06, 2013 Jkt 232001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Dated: December 2, 2013. Paul Piquado Assistant Secretary for Enforcement and Compliance. List of Issues Addressed in the Final Decision Memorandum Comment 1: Interpretation of the New Shipper Review Certification Requirement Comment 2: Affiliation Findings Comment 3: Surrogate Values [FR Doc. 2013–29337 Filed 12–6–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–819] Steel Concrete Reinforcing Bar From Turkey: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 9, 2013. FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, Office III, Import Administration, U.S. Department of Commerce, Room C–100, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–2209. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 24, 2013, the Department of Commerce (the Department) initiated a countervailing duty investigation on steel concrete reinforcing bar from Turkey.1 The original signature date for the preliminary determination was November 29, 2013. Subsequently, as explained in a memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 Accordingly, all deadlines in this investigation were extended by 16 days, and the signature date for the preliminary determination was revised to December 16, 2013.3 1 See Steel Concrete Reinforcing Bar from Turkey: Initiation of Countervailing Duty Investigations, 78 FR 60831 (October 2, 2013) (Initiation Notice). 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). 3 See Memorandum to the File titled ‘‘Revised Signature Date for Preliminary Determination,’’ dated October 24, 2013. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73837-73838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


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

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On August 23, 2013, the Department of Commerce (the 
Department) published its Preliminary Rescission for the new shipper 
review of the antidumping duty order on glycine from the People's 
Republic of China (PRC) covering the period of review March 1, 2012, 
through August 31, 2012, for Hebei Donghua Jiheng Fine Chemical 
Company, Ltd. (Donghua Fine Chemical).\1\ For these final results, we 
continue to find that, because Donghua Fine Chemical appears to be 
affiliated with PRC-companies that have had prior shipments of subject 
merchandise to the United States, it has therefore failed to certify to 
its first U.S. entry, U.S. shipment, and U.S. sale, as required under 
19 CFR 351.214(b)(2)(iv)(A) and (C). We also continue to find that 
Donghua Fine Chemical failed to report its first U.S. entry and/or U.S. 
shipment within one year of its request for a new shipper review, thus 
failing to satisfy the deadline requirements of 19 CFR 351.214(c). 
Because Donghua Fine Chemical's request did not satisfy the regulatory 
requirements for a new shipper review, we are rescinding the new 
shipper for Donghua Fine Chemical.
---------------------------------------------------------------------------

    \1\ See Glycine from the People's Republic of China: Preliminary 
Rescission of Antidumping Duty New Shipper Review; 2012, 78 FR 52501 
(August 23, 2013) (Preliminary Rescission).

---------------------------------------------------------------------------
DATES: Effective Date: December 9, 2013.

FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
7924 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    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.

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.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding, ``Issues and Decision Memorandum for the Final Rescission 
of the Antidumping Duty New Shipper Reviews of Glycine from the 
People's Republic of China'' (Final 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).
---------------------------------------------------------------------------

Tolling Deadlines

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, we have exercised our discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 1, through October 16, 2013. Therefore, all deadlines in 
this segment of the proceeding have been extended by 16 days. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business day. 
Accordingly, the revised deadline for the final results of this review 
is now December 2, 2013.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

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 Final Decision Memorandum and 
Proprietary Analysis Memorandum,\4\ both dated concurrently with, and 
hereby adopted by, this notice.
---------------------------------------------------------------------------

    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, regarding ``Proprietary Analysis 
Memorandum for the Final Rescission of the Antidumping Duty New 
Shipper Review of Glycine from the People's Republic of China'' 
(Proprietary Analysis Memorandum) dated concurrently with these 
results and hereby adopted by this notice, as much of the discussion 
is proprietary in nature.

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

[[Page 73838]]

Final Rescission of Donghua Fine Chemical

    As we have explained in the Final Decision Memorandum and the 
Proprietary Analysis Memorandum, we continue to find that, because 
Donghua Fine Chemical appears to be affiliated with PRC-companies that 
have had prior shipments of subject merchandise to the United States, 
it has therefore failed to certify to its first U.S. entry, its first 
U.S. shipment, and its first U.S. sale, as required by 19 CFR 
351.214(b)(2)(iv)(A) and (C).\5\ We also continue to find that Donghua 
Fine Chemical failed to report its first U.S. entry and/or U.S. 
shipment within one year of its request for a new shipper review, thus 
failing to satisfy the deadline requirements of 19 CFR 351.214(c). As a 
result, we are rescinding the new shipper review of Donghua Fine 
Chemical.
---------------------------------------------------------------------------

    \5\ See Final Decision Memorandum; see also Proprietary Analysis 
Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Final Decision Memorandum and Proprietary Analysis Memorandum, both 
dated concurrently with, and hereby adopted by, this notice. A list of 
the issues raised in the briefs and addressed in the Final Decision 
Memorandum is appended to this notice. The Final Decision Memorandum is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Final Decision Memorandum can be 
accessed directly at https://enforcement.trade.gov/frn/. The signed 
Final Decision Memorandum and the electronic versions of the Final 
Decision Memorandum are identical in content.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Donghua Fine Chemical, we will instruct U.S. Customs 
and Border Protection (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. Cash deposits will be required 
for exports of subject merchandise by Donghua Fine Chemical entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date at the ad valorem PRC-wide rate, 453.79 percent.

Assessment Instructions

    As a result of the rescission of the new shipper review of Donghua 
Fine Chemical, the entries of subject merchandise made by Donghua Fine 
Chemical covered by this new shipper review will be reviewed in 2012-
2013 administrative review. Because the period of review (POR) of the 
administrative review coincides with the POR of this new shipper 
review, we will assess Donghua Fine Chemical's entries and issue 
liquidation instructions for Donghua Fine Chemical's entries upon 
completion of the 2012-2013 administrative review. Accordingly, upon 
completion of the 2012-2013 administrative review, we will instruct CBP 
to assess antidumping duties on entries for Donghua Fine Chemical at 
the appropriate rate determined in the final results of the 2012-2013 
administrative review.

Notification to Importers

    This notice serves as a 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214.

    Dated: December 2, 2013.
Paul Piquado
Assistant Secretary for Enforcement and Compliance.

List of Issues Addressed in the Final Decision Memorandum

Comment 1: Interpretation of the New Shipper Review Certification 
Requirement
Comment 2: Affiliation Findings
Comment 3: Surrogate Values
[FR Doc. 2013-29337 Filed 12-6-13; 8:45 am]
BILLING CODE 3510-DS-P
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