Glycine From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 64746-64749 [2014-25859]

Download as PDF 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 asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:51 Oct 30, 2014 Jkt 235001 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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). E:\FR\FM\31OCN1.SGM 31OCN1 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 asabaliauskas on DSK5VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 18:51 Oct 30, 2014 Jkt 235001 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 64747 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 http://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 http:// 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. E:\FR\FM\31OCN1.SGM 31OCN1 64748 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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). VerDate Sep<11>2014 18:51 Oct 30, 2014 Jkt 235001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31OCN1.SGM 31OCN1 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 VerDate Sep<11>2014 18:51 Oct 30, 2014 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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.
---------------------------------------------------------------------------

    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 http://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 http://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).
---------------------------------------------------------------------------

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