Glycine From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 64746-64749 [2014-25859]
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64746
Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
The U.S. Department of
Commerce’s Bureau of the Census
(Census Bureau) publishes this notice to
announce that the Director of the
Census Bureau has determined the need
to conduct the 2014 Annual Retail
Trade Survey (ARTS). ARTS covers
employer firms with establishments
located in the United States and
classified in the Retail Trade and/or
Accommodation and Food Services
sectors as defined by the 2007 North
American Industry Classification
System (NAICS). The Census Bureau
conducts the ARTS to provide
continuing and timely national
statistical data on retail trade, and
accommodation and food services
activity annually.
ADDRESSES: The Census Bureau will
provide report forms to businesses
included in the survey. Additional
copies are available upon written
request to the Director, U.S. Census
Bureau, Washington, DC 20233–0101.
FOR FURTHER INFORMATION CONTACT:
Chris Savage, Economy Wide Division,
at (301) 763–4834 or by email at
john.c.savage@census.gov.
SUPPLEMENTARY INFORMATION: Sections
182, 224, and 225 of Title 13 of the
United States Code (U.S.C.) authorize
the Census Bureau to take surveys that
are necessary to produce current data on
the subjects covered by the major
censuses. As part of this authorization,
the Census Bureau conducts the ARTS
to provide continuing and timely
national statistical data on retail trade,
and accommodation and food services
activity for the period between
economic censuses. ARTS is a
continuation of similar retail trade
surveys conducted each year since 1951
(except 1954). ARTS covers employer
firms with establishments located in the
United States and classified in the Retail
Trade and/or Accommodation and Food
Services sectors as defined by the 2007
North American Industry Classification
System (NAICS). ARTS provides, on a
comparable classification basis, annual
sales, annual e-commerce sales, yearend inventories held inside and outside
the United States, total operating
expenses, purchases, accounts
receivables, and, for selected industries,
merchandise line sales for 2014. The
Census Bureau has determined that the
conduct of this survey is necessary
because these data are not available
publicly on a timely basis from any
other sources.
Firms are selected for the ARTS
survey using a stratified random sample
based on industry groupings and annual
sales size. We will provide report forms
to the firms covered by this survey in
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SUMMARY:
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February 2015, and will require their
responses within 50 days after receipt.
Firms’ responses to the ARTS survey are
required by law (13 U.S.C. 182, 224, and
225). The sample of firms selected will
provide, with measurable reliability,
statistics on the transactions relevant to
this survey for 2014.
The data collected in this survey will
be similar to that collected in the past,
and within the general scope and nature
of those inquiries covered in the
economic census. These data are
collected to provide a sound statistical
basis for the formation of policy by
various government agencies. Results
will be available for use for a variety of
public and business needs including
economic and market analysis, company
performance, and forecasting future
demand.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501–
3521, unless that collection of
information displays a current valid
Office of Management and Budget
(OMB) control number. In accordance
with the PRA, OMB has approved the
Annual Retail Trade Survey under OMB
Control Number 0607–0013.
Based upon the foregoing, I have
directed that an annual survey be
conducted for the purpose of collecting
these data.
Dated: October 24, 2014.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2014–25946 Filed 10–30–14; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–47–2014]
Foreign-Trade Zone 25—Broward
County, Florida; Authorization of
Production Activity; Prodeco
Technologies, LLC; (Electric Bicycles)
Oakland Park, Florida
On June 27, 2014, the Port Everglades
Department of Broward County, grantee
of FTZ 25, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board on
behalf of Prodeco Technologies, LLC, in
Oakland Park, Florida.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
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public comment (79 FR 38007–38008,
7–3–2014). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: October 28, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–25953 Filed 10–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2012–
2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 31, 2014.
SUMMARY: On December 26, 2013, 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) in the Federal Register.1 The
review covers the period from March 1,
2012, through February 28, 2013. In the
Preliminary Results, the Department
preliminarily applied facts otherwise
available with an adverse inference to
the PRC-wide entity because an element
of the entity, Hebei Donghua Jiheng Fine
Chemical Co., Ltd. (Donghua Fine
Chemical), failed to act to the best of its
ability in complying with the
Department’s request for information
and, consequently, significantly
impeded the proceeding. The
Department gave interested parties an
opportunity to comment on the
Preliminary Results and, based on an
analysis of the comments received, we
found that no changes were warranted
to these final results of review.
However, based on further review of the
record, we found that some companies
did not have any reviewable entries of
subject merchandise during the review
period. The final weighted-average
dumping margin for the review is listed
below in the ‘‘Final Results of Review’’
section of this notice.
AGENCY:
1 See Glycine From the People’s Republic of
China: Preliminary Results of Antidumping Duty
Administrative Review; 2012–2013, 78 FR 78331
(December 26, 2013) (Preliminary Results).
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
FOR FURTHER INFORMATION CONTACT:
Edythe Artman 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)
482–3931 or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 26, 2013, the
Department published the Preliminary
Results for this review, which covers the
period from March 1, 2012, through
February 28, 2013.2 In the Preliminary
Results, we invited interested parties to
comment on our findings and to request
a hearing to discuss any issues raised in
case and rebuttal briefs. Timely
comments were received from the sole
respondent in the review, Donghua Fine
Chemical, the domestic interested party,
GEO Specialty Chemicals, Inc., and two
other interested parties, Evonik Rexim
(Nanning) Pharmaceutical Co., Ltd.
(Evonik), and Paras Intermediates Pvt.
Ltd (Paras). GEO and Paras also
submitted timely rebuttal comments.
Donghua Fine Chemical and Evonik
requested a public hearing to discuss
briefed issues and a hearing was held on
March 12, 2014.
On July 23, 2014, we extended the
issuance of the final results of review
until October 22, 2014.3
Scope of the Order
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The product covered by this
antidumping duty 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 proceeding
includes glycine of all purity levels.
Glycine is currently classified under
subheading 2922.49.4020 of the
Harmonized Tariff Schedule of the
United States (HTSUS). In a separate
scope ruling, the Department
determined that D(-) Phenylglycine
Ethyl Dane Salt is outside the scope of
2 Id.
3 See
Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Edythe
Artman, International Trade Compliance Analyst,
Office VI, Antidumping and Countervailing Duty
Operations, regarding ‘‘Glycine from the People’s
Republic of China: Extension of Deadline for the
Final Results of Antidumping Duty Administrative
Review; 2012–2013,’’ dated July 23, 2014.
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the order.4 Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise under
the order is dispositive.
Determination of No Shipments
We received timely-filed ‘‘noshipment’’ certifications from eight
companies named in the notice of
initiation and, in each certification, the
company stated that it had no entries of
subject merchandise during the period
of review. These companies were: (1)
AICO Laboratories India Ltd. (AICO), (2)
Avid Organics, (3) Aqua Bond Inc., (4)
Gurvey & Berry Co., (5) H.T. Griffin
Food Ingredients, (6) Paras
Intermediates Pvt. Ltd., (7) Unipex
Solutions Canada Inc., and (8) Yuki
Gosei Kogyo Co. We confirmed these
companies had no entries in the data
that we obtained from U.S. Customs and
Border Protection (CBP) covering the
period of review.5 Consistent with our
practice 6 and based on the no-shipment
certifications and the CBP data, we
determine that these companies did not
have any reviewable entries of subject
merchandise during the review period
and, accordingly, we will issue
instructions that are consistent with our
‘‘automatic assessment’’’ clarification
for these final results.7 For these
companies, the cash deposit
requirements will remain unchanged.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by interested parties are
addressed in the issues and decision
memorandum, accompanying this
notice, which is hereby adopted by this
notice.8 A list of the issues which the
parties raised and to which the
Department responded in the
memorandum appears in the appendix
4 See Notice of Scope Rulings and
Anticircumvention Inquiries, 62 FR 62288
(November 21, 1997).
5 See Memorandum to the File from Edythe
Artman, International Trade Compliance Analyst,
regarding ‘‘Release of United States Customs and
Border Protection Entry Data for Selection of
Respondents for Individual Review, dated May 8,
2013.
6 See, e.g., Small Diameter Graphite Electrodes
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2011–
2012, 78 FR 55680, 55681 (September 11, 2013).
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
8 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding ‘‘Issues and Decision Memorandum for
the Final Results of the Administrative Review of
the Antidumping Duty Order on Glycine from the
People’s Republic of China; 2012–2013,’’ dated
October 22, 2014 (Issues and Decision
Memorandum).
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of this notice. The Issues and Decision
Memorandum is a public document and
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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
memorandum are identical in content.
Changes Since the Preliminary Results
We made no changes to the
Preliminary Results based on our
analysis of the comments received from
parties. However, based on our review
of the record, including the review of
the no-shipment determinations and
CBP data described above, we have
found that eight companies had no
reviewable entries of subject
merchandise during the period of
review.
Final Determination as to the PRC-wide
Entity
As detailed in the decision
memorandum accompanying the
Preliminary Results,9 the Department
found that, because Donghua Fine
Chemical had not qualified for a
separate rate in a prior segment of the
proceeding and had not filed the
requisite application in this review, it
was part of the PRC-wide entity. The
Department then preliminarily
determined that it had to rely on facts
otherwise available to assign a dumping
margin to the PRC-wide entity in
accordance with sections 776(a)(1),
(2)(A), (B) and (C) of the Tariff Act of
1930, as amended (the Act), because
necessary information was not on the
record, the PRC-wide entity (including
Donghua Fine Chemical) had withheld
information that was requested within
the established deadline, and, by not
providing requested information, the
entity had significantly impeded the
proceeding. We further preliminarily
found that Donghua Fine Chemical’s
failure to provide the requested
information constituted circumstances
9 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, regarding
‘‘Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review;
2012–2013: Glycine from the People’s Republic of
China’’ (Preliminary Decision Memorandum), dated
December 18, 2013.
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
under which the company and, hence,
the PRC-wide entity, had not acted to
the best of its ability to comply with the
Department’s request for information.
We therefore preliminarily determined,
pursuant to section 776(b) of the Act,
that the PRC-wide entity failed to
cooperate by not acting to the best of its
ability and that, accordingly, when
selecting from among the facts
otherwise available, an adverse
inference was warranted with respect to
the PRC-wide entity.
The Department also stated its intent
in the Preliminary Results not to rescind
the review for 40 exporters because
these companies had been named in the
initiation notice for the review, were
then withdrawn from consideration of
individual review because of the
submission of timely withdrawals of
requests for review by GEO, and do not
have separate rates from a completed
segment of the proceeding. We thus
found all of the companies to be part of
the PRC-wide entity under review.
However, in light of our no-shipment
determinations, only the following
companies remain in this category: (1)
A&A Pharmachem Inc., (2) Amol
Pharmaceuticals Pvt. Ltd., (3) Baoding
Mantong Fine Chemistry Co., Ltd., (4)
Beijing Onlystar Technology Co., Ltd.,
(5) Chiyuen International Trading Ltd.,
(6) China Jiangsu International
Economic Technical Cooperation
Corporation, (7) E-Heng Import and
Export Co., Ltd., (8) Evonik Rexim
(Nanning) Pharmaceutical Co., Ltd., (9)
FarmaSino Pharmaceuticals (Jiangsu)
Co., Ltd., (10) General Ingredient Inc.,
(11) Gulbrandsen Technologies (India),
(12) Hong Kong United Biochemistry
Co. Ltd., (13) Jiangsu Dongchang
Chemical, (14) Jiangxi Ansun Chemical
Technology, (15) Jiangyin Trust
International Inc., (16) Jizhou City
Huayang Chemical Co., Ltd., (17)
Kissner Milling Co. Ltd., (18) NALCO
Canada Co., (19) Ningbo Create-Bio
Engineering Co. Ltd., (20) Ningbo
Generic Chemical Co., (21) Qingdao
Samin Chemical Co., Ltd., (22) Ravi
Industries, (23) Salvi Chemical
Industries, (24) Shanpar Industries Pvt.
Ltd., (25) Showa Denko K.K., (26)
Shijiazhuang Jackchem Co., Ltd., (27)
Shijiazhuang Zexing Amino Acid Co.,
(28) Tianjin Garments Import & Export,
(29) Tianjin Tiancheng Pharmaceutical
Company, (30) Tianjin Tianen
Enterprise Co. Ltd., (31) Tywoon
Development (China) Co., Ltd., and (32)
XPAC Technologies Inc.
The Department found no basis to
make changes to the Preliminary Results
based on our analysis of the comments
received by parties on those results.
Therefore, for these final results, the
Department finds that Donghua Fine
Chemical and the 32 exporters named in
this section are part of the PRC-wide
entity and that the use of adverse facts
available is warranted with respect to
the PRC-wide entity.
Final Results of Review
The Department determines that the
following percentage weighted-average
dumping margin exists for the period
March 1, 2012, through February 28,
2013:
Dumping margin
(percent)
Exporter
PRC-wide entity (including Hebei Donghua Jiheng Fine Chemical Co., Ltd.) 10 ..........................................................................
10 As
noted immediately above, the PRC-wide entity also includes the 32 exporters we are not rescinding from the review.
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Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with a final
determination within five days of the
date of publication of the notice of the
final determination in the Federal
Register, in accordance with 19 CFR
351.224(b). But because the Department
applied adverse facts available to
determine the estimated weightedaverage dumping margin for the
mandatory respondent in this
investigation, there are no calculations
to disclose to parties.
Assessment Rates
The Department determined, and the
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise in accordance with the
final results of this review.11 The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
For the PRC-wide entity, the
Department will instruct CBP to assess
antidumping duties on entries of subject
merchandise at the PRC-wide rate of
11 See
453.79
19 CFR 351.212(b).
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453.79 percent. For companies we
found to have no reviewable entries in
this review period, we will instruct CBP
to assess duties on entries of subject
merchandise consistent with our
‘‘automatic assessment’’ clarification for
these final results.
have not received their own rate, the
cash-deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied the non-PRC exporter. These
cash-deposit requirements, when
imposed, shall remain in effect until
further notice.
Cash Deposit Requirements
The following cash-deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice of final
results of the administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) For any previously investigated
or reviewed PRC and non-PRC exporters
which are not under review in this
segment of the proceeding that received
a separate rate in a previous segment of
this proceeding, the cash-deposit rate
will continue to be the exporter-specific
rate published for the most recentlycompleted period; (2) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, including Donghua Fine
Chemical, the cash-deposit rate will be
that for the PRC-wide entity (i.e., 453.79
percent); and (3) for all non-PRC
exporters of subject merchandise which
Notification to Importers
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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 Department’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 order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: October 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Comments Discussed in the Accompanying
Final Issues and Decision Memorandum
I. Summary
II Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of Comments
Comment 1: Application of Adverse Facts
Available to the PRC-Wide Entity
Comment 2A: The Status of Paras as Part
of the PRC-Wide Entity
Comment 2B: The Status of Evonik as Part
of the PRC-Wide Entity
VI. Recommendation
[FR Doc. 2014–25859 Filed 10–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATED: Effective Date: October 31, 2014.
SUMMARY: The Department of Commerce
(the Department) has determined that
three requests for new shipper reviews
of the antidumping duty order on
freshwater crawfish tail meat from the
People’s Republic of China (PRC), meet
the statutory and regulatory
requirements for initiation.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos, AD/CVD Operations
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; Telephone:
(202) 482–1757.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY:
Background
The antidumping duty order on
freshwater crawfish tail meat from the
PRC published in the Federal Register
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Jkt 235001
on September 15, 1997.1 Pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the Act), we
received three timely requests for new
shipper reviews of the Order from
Wuhan Coland Aquatic Products and
Food Co., Ltd. (Coland), Weishan
Hongda Aquatic Food Co., Ltd.
(Hongda), and Hubei Yuesheng Aquatic
Products Co., Ltd. (Hubei Yuesheng).2
Each new shipper review applicant
certified that it is both the producer and
exporter of the subject merchandise
upon which its request was based.3
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
each new shipper applicant certified
that it did not export subject
merchandise to the United States during
the period of investigation (POI).4 In
addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), each new shipper
applicant certified that, since the
initiation of the investigation, it has
never been affiliated with any exporter
or producer who exported subject
merchandise to the United States during
the POI, including those respondents
not individually examined during the
POI.5 As required by 19 CFR
351.214(b)(2)(iii)(B), each new shipper
applicant also certified that its export
activities were not controlled by the
government of the PRC.6
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2), each new shipper
applicant submitted documentation
establishing the following: (1) The date
on which it first shipped subject
merchandise for export to the United
States; (2) the volume of its first
shipment; and (3) the date of its first
sale to an unaffiliated customer in the
United States.7
Period of Review
In accordance with 19 CFR
351.214(g)(1)(A), the period of review
1 See Notice of Amendment to Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Freshwater Crawfish Tail
Meat From the People’s Republic of China, 62 FR
48218 (September 15, 1997) (Order).
2 See Coland’s new shipper review request dated
September 18, 2014 (Coland NSR request);
Hongda’s new shipper review request dated
September 29, 2014 (Hongda NSR request); Hubei
Yuesheng’s new shipper review request dated
September 30, 2014 (Hubei Yuesheng NSR request).
3 See Coland NSR request at page 1; Hongda NSR
request at Exhibit 1; Hubei Yuesheng NSR request
at Exhibit 2.
4 See Coland NSR request at Attachment 1;
Hongda NSR request at Exhibit 1; Hubei Yuesheng
NSR request at Exhibit 2.
5 Id.
6 Id.
7 See Coland NSR request at Attachment 2;
Hongda NSR request at Exhibit 2; Hubei Yuesheng
NSR request at Exhibit 1.
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64749
(POR) for new shipper reviews initiated
in the month immediately following the
anniversary month will be the twelvemonth period immediately preceding
the anniversary month. Therefore, under
the Order, the POR is September 1,
2013, through August 31, 2014.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), the
Department finds that the request from
each new shipper applicant meets
threshold requirements for the initiation
of a new shipper review of shipments of
freshwater crawfish tail meat from the
PRC produced and exported by each
new shipper applicant.8
The Department intends to issue the
preliminary results of these new shipper
reviews no later than 180 days from the
date of initiation and the final results of
the review no later than 90 days after
the date the preliminary results are
issued.9 It is the Department’s usual
practice, in cases involving non-market
economy countries, to require that a
company seeking to establish eligibility
for an antidumping duty rate separate
from the country-wide rate provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.
Accordingly, we will issue a
questionnaire to each new shipper
applicant which will include a section
requesting information concerning its
eligibility for a separate rate. The new
shipper review of each new shipper
applicant will be rescinded if the
Department determines that each new
shipper applicant has not demonstrated
that it is eligible for a separate rate. In
addition, the Department has concerns
with certain information contained in
entry data that the Department obtained
from U.S. Customs and Border
Protection (CBP). Due to the business
proprietary nature of this information,
please refer to the Initiation Checklists
for further discussion. The Department
intends to address these concerns after
initiation of the new shipper reviews. If
8 See the memoranda to the file entitled
‘‘Freshwater Crawfish Tail Meat from the People’s
Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Wuhan
Coland Aquatic Products and Food Co., Ltd.’’ dated
concurrently with this notice; ‘‘Freshwater Crawfish
Tail Meat from the People’s Republic of China:
Initiation Checklist for Antidumping Duty New
Shipper Review of Weishan Hongda Aquatic Food
Co., Ltd.’’ dated concurrently with this notice; and
‘‘Freshwater Crawfish Tail Meat from the People’s
Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Hubei
Yuesheng Aquatic Products Co., Ltd.’’ dated
concurrently with this notice. (Collectively,
Initiation Checklists.)
9 See section 751(a)(2)(B)(iv) of the Act and 19
CFR 351.214(i).
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64746-64749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 31, 2014.
SUMMARY: On December 26, 2013, 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) in the Federal Register.\1\ The review covers
the period from March 1, 2012, through February 28, 2013. In the
Preliminary Results, the Department preliminarily applied facts
otherwise available with an adverse inference to the PRC-wide entity
because an element of the entity, Hebei Donghua Jiheng Fine Chemical
Co., Ltd. (Donghua Fine Chemical), failed to act to the best of its
ability in complying with the Department's request for information and,
consequently, significantly impeded the proceeding. The Department gave
interested parties an opportunity to comment on the Preliminary Results
and, based on an analysis of the comments received, we found that no
changes were warranted to these final results of review. However, based
on further review of the record, we found that some companies did not
have any reviewable entries of subject merchandise during the review
period. The final weighted-average dumping margin for the review is
listed below in the ``Final Results of Review'' section of this notice.
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\1\ See Glycine From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013, 78 FR
78331 (December 26, 2013) (Preliminary Results).
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[[Page 64747]]
FOR FURTHER INFORMATION CONTACT: Edythe Artman 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-
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3931 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 26, 2013, the Department published the Preliminary
Results for this review, which covers the period from March 1, 2012,
through February 28, 2013.\2\ In the Preliminary Results, we invited
interested parties to comment on our findings and to request a hearing
to discuss any issues raised in case and rebuttal briefs. Timely
comments were received from the sole respondent in the review, Donghua
Fine Chemical, the domestic interested party, GEO Specialty Chemicals,
Inc., and two other interested parties, Evonik Rexim (Nanning)
Pharmaceutical Co., Ltd. (Evonik), and Paras Intermediates Pvt. Ltd
(Paras). GEO and Paras also submitted timely rebuttal comments. Donghua
Fine Chemical and Evonik requested a public hearing to discuss briefed
issues and a hearing was held on March 12, 2014.
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\2\ Id.
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On July 23, 2014, we extended the issuance of the final results of
review until October 22, 2014.\3\
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\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Edythe Artman, International Trade Compliance Analyst, Office VI,
Antidumping and Countervailing Duty Operations, regarding ``Glycine
from the People's Republic of China: Extension of Deadline for the
Final Results of Antidumping Duty Administrative Review; 2012-
2013,'' dated July 23, 2014.
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Scope of the Order
The product covered by this antidumping duty 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 proceeding
includes glycine of all purity levels. Glycine is currently classified
under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the
United States (HTSUS). In a separate scope ruling, the Department
determined that D(-) Phenylglycine Ethyl Dane Salt is outside the scope
of the order.\4\ Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise under the order is dispositive.
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\4\ See Notice of Scope Rulings and Anticircumvention Inquiries,
62 FR 62288 (November 21, 1997).
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Determination of No Shipments
We received timely-filed ``no-shipment'' certifications from eight
companies named in the notice of initiation and, in each certification,
the company stated that it had no entries of subject merchandise during
the period of review. These companies were: (1) AICO Laboratories India
Ltd. (AICO), (2) Avid Organics, (3) Aqua Bond Inc., (4) Gurvey & Berry
Co., (5) H.T. Griffin Food Ingredients, (6) Paras Intermediates Pvt.
Ltd., (7) Unipex Solutions Canada Inc., and (8) Yuki Gosei Kogyo Co. We
confirmed these companies had no entries in the data that we obtained
from U.S. Customs and Border Protection (CBP) covering the period of
review.\5\ Consistent with our practice \6\ and based on the no-
shipment certifications and the CBP data, we determine that these
companies did not have any reviewable entries of subject merchandise
during the review period and, accordingly, we will issue instructions
that are consistent with our ``automatic assessment''' clarification
for these final results.\7\ For these companies, the cash deposit
requirements will remain unchanged.
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\5\ See Memorandum to the File from Edythe Artman, International
Trade Compliance Analyst, regarding ``Release of United States
Customs and Border Protection Entry Data for Selection of
Respondents for Individual Review, dated May 8, 2013.
\6\ See, e.g., Small Diameter Graphite Electrodes From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 55680, 55681 (September 11,
2013).
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties are addressed in the issues and decision memorandum,
accompanying this notice, which is hereby adopted by this notice.\8\ A
list of the issues which the parties raised and to which the Department
responded in the memorandum appears in the appendix of this notice. The
Issues and Decision Memorandum is a public document and 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 Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the memorandum are identical in content.
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\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding ``Issues and Decision Memorandum for the Final Results of
the Administrative Review of the Antidumping Duty Order on Glycine
from the People's Republic of China; 2012-2013,'' dated October 22,
2014 (Issues and Decision Memorandum).
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Changes Since the Preliminary Results
We made no changes to the Preliminary Results based on our analysis
of the comments received from parties. However, based on our review of
the record, including the review of the no-shipment determinations and
CBP data described above, we have found that eight companies had no
reviewable entries of subject merchandise during the period of review.
Final Determination as to the PRC-wide Entity
As detailed in the decision memorandum accompanying the Preliminary
Results,\9\ the Department found that, because Donghua Fine Chemical
had not qualified for a separate rate in a prior segment of the
proceeding and had not filed the requisite application in this review,
it was part of the PRC-wide entity. The Department then preliminarily
determined that it had to rely on facts otherwise available to assign a
dumping margin to the PRC-wide entity in accordance with sections
776(a)(1), (2)(A), (B) and (C) of the Tariff Act of 1930, as amended
(the Act), because necessary information was not on the record, the
PRC-wide entity (including Donghua Fine Chemical) had withheld
information that was requested within the established deadline, and, by
not providing requested information, the entity had significantly
impeded the proceeding. We further preliminarily found that Donghua
Fine Chemical's failure to provide the requested information
constituted circumstances
[[Page 64748]]
under which the company and, hence, the PRC-wide entity, had not acted
to the best of its ability to comply with the Department's request for
information. We therefore preliminarily determined, pursuant to section
776(b) of the Act, that the PRC-wide entity failed to cooperate by not
acting to the best of its ability and that, accordingly, when selecting
from among the facts otherwise available, an adverse inference was
warranted with respect to the PRC-wide entity.
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\9\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, regarding ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013:
Glycine from the People's Republic of China'' (Preliminary Decision
Memorandum), dated December 18, 2013.
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The Department also stated its intent in the Preliminary Results
not to rescind the review for 40 exporters because these companies had
been named in the initiation notice for the review, were then withdrawn
from consideration of individual review because of the submission of
timely withdrawals of requests for review by GEO, and do not have
separate rates from a completed segment of the proceeding. We thus
found all of the companies to be part of the PRC-wide entity under
review. However, in light of our no-shipment determinations, only the
following companies remain in this category: (1) A&A Pharmachem Inc.,
(2) Amol Pharmaceuticals Pvt. Ltd., (3) Baoding Mantong Fine Chemistry
Co., Ltd., (4) Beijing Onlystar Technology Co., Ltd., (5) Chiyuen
International Trading Ltd., (6) China Jiangsu International Economic
Technical Cooperation Corporation, (7) E-Heng Import and Export Co.,
Ltd., (8) Evonik Rexim (Nanning) Pharmaceutical Co., Ltd., (9)
FarmaSino Pharmaceuticals (Jiangsu) Co., Ltd., (10) General Ingredient
Inc., (11) Gulbrandsen Technologies (India), (12) Hong Kong United
Biochemistry Co. Ltd., (13) Jiangsu Dongchang Chemical, (14) Jiangxi
Ansun Chemical Technology, (15) Jiangyin Trust International Inc., (16)
Jizhou City Huayang Chemical Co., Ltd., (17) Kissner Milling Co. Ltd.,
(18) NALCO Canada Co., (19) Ningbo Create-Bio Engineering Co. Ltd.,
(20) Ningbo Generic Chemical Co., (21) Qingdao Samin Chemical Co.,
Ltd., (22) Ravi Industries, (23) Salvi Chemical Industries, (24)
Shanpar Industries Pvt. Ltd., (25) Showa Denko K.K., (26) Shijiazhuang
Jackchem Co., Ltd., (27) Shijiazhuang Zexing Amino Acid Co., (28)
Tianjin Garments Import & Export, (29) Tianjin Tiancheng Pharmaceutical
Company, (30) Tianjin Tianen Enterprise Co. Ltd., (31) Tywoon
Development (China) Co., Ltd., and (32) XPAC Technologies Inc.
The Department found no basis to make changes to the Preliminary
Results based on our analysis of the comments received by parties on
those results.
Therefore, for these final results, the Department finds that
Donghua Fine Chemical and the 32 exporters named in this section are
part of the PRC-wide entity and that the use of adverse facts available
is warranted with respect to the PRC-wide entity.
Final Results of Review
The Department determines that the following percentage weighted-
average dumping margin exists for the period March 1, 2012, through
February 28, 2013:
------------------------------------------------------------------------
Dumping margin
Exporter (percent)
------------------------------------------------------------------------
PRC-wide entity (including Hebei Donghua Jiheng Fine 453.79
Chemical Co., Ltd.) \10\............................
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\10\ As noted immediately above, the PRC-wide entity also includes the
32 exporters we are not rescinding from the review.
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a final determination within
five days of the date of publication of the notice of the final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). But because the Department applied adverse facts available
to determine the estimated weighted-average dumping margin for the
mandatory respondent in this investigation, there are no calculations
to disclose to parties.
Assessment Rates
The Department determined, and the U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.\11\ The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
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\11\ See 19 CFR 351.212(b).
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For the PRC-wide entity, the Department will instruct CBP to assess
antidumping duties on entries of subject merchandise at the PRC-wide
rate of 453.79 percent. For companies we found to have no reviewable
entries in this review period, we will instruct CBP to assess duties on
entries of subject merchandise consistent with our ``automatic
assessment'' clarification for these final results.
Cash Deposit Requirements
The following cash-deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice of
final results of the administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For any previously investigated or
reviewed PRC and non-PRC exporters which are not under review in this
segment of the proceeding that received a separate rate in a previous
segment of this proceeding, the cash-deposit rate will continue to be
the exporter-specific rate published for the most recently-completed
period; (2) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, including Donghua Fine
Chemical, the cash-deposit rate will be that for the PRC-wide entity
(i.e., 453.79 percent); and (3) 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(s) that supplied
the 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 Department'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 order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
[[Page 64749]]
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Comments Discussed in the Accompanying Final Issues and Decision
Memorandum
I. Summary
II Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of Comments
Comment 1: Application of Adverse Facts Available to the PRC-
Wide Entity
Comment 2A: The Status of Paras as Part of the PRC-Wide Entity
Comment 2B: The Status of Evonik as Part of the PRC-Wide Entity
VI. Recommendation
[FR Doc. 2014-25859 Filed 10-30-14; 8:45 am]
BILLING CODE 3510-DS-P
