Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2013-2014, 18814-18816 [2015-07952]
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18814
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
last day of the most recently completed
administrative review under the order.6
Instructions to U.S. Customs and
Border Protection
As we stated in our Initiation and
Preliminary Results, we will instruct
U.S. Customs and Border Protection to
end the suspension of liquidation for
the merchandise covered by the
revocation on the effective date of this
notice of revocation, in part, and to
release any cash deposit or bond,
pursuant to 19 CFR 351.222(g)(4).
Notification
This notice 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 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.216(e), 351.221(b)(5), and
351.222(g).
review covers two mandatory
respondents, Baoding Mantong Fine
Chemistry Co. Ltd. (Baoding Mantong)
and Evonik Rexim (Nanning)
Pharmaceutical Co., Ltd. (Evonik). The
Department preliminarily finds that
Baoding Mantong sold subject
merchandise in the United States at
prices below the normal value (NV)
during the POR. The Department
preliminarily determines that Evonik’s
sales to the United States were not bona
fide and is preliminarily rescinding the
review with respect to Evonik.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: April 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Ericka Ukrow, 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) 482–3362 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2014, the Department
initiated an administrative review of the
antidumping duty Order 1 on glycine
from the PRC.2
[A–570–836]
Scope of the Order
The product covered by the
antidumping duty order is glycine,
which is a free-flowing crystalline
material, like salt or sugar.3 The subject
merchandise is currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheading 2922.49.4020. The HTSUS
subheading is provided for convenience
and customs purposes only; the written
product description of the scope of the
order is dispositive.4
Glycine From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Intent To
Rescind, in Part; 2013–2014
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
Dated: April 2, 2015.
Paul Piquado
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–08112 Filed 4–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (the
PRC) covering the period of review
(POR) from March 1, 2013, through
February 28, 2014. The administrative
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY:
6 See Hand Trucks and Certain Parts Thereof
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2011–
2012, 79 FR 44008 (July 29, 2014).
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description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
The list of topics discussed in the
Preliminary Decision Memorandum is
provided as an Appendix to the notice.
This memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Bona Fides Analysis
As discussed in Evonik’s Bona Fide
Memorandum, the Department
preliminarily finds that the sales by
Evonik are not bona fide, and that these
sales, and absence of factors-ofproduction (FOP) data, do not provide
a reasonable or reliable basis for
calculating a dumping margin.5 The
Department reached this conclusion
based on the totality of circumstances,
namely: (a) The atypical nature of
Evonik’s price; and (b) the atypical
circumstances surrounding its
supplier’s inability to provide FOP data.
Because these non-bona fide sales were
the only sales of subject merchandise
that Evonik made during the POR, the
Department is preliminarily rescinding
its review of Evonik.
Preliminary Results of Review
The Department has preliminarily
determined that the following dumping
margin exists for the period March 1,
2013, through February 28, 2014:
Exporter
1 See Antidumping Duty Order: Glycine from the
People’s Republic of China, 60 FR 16116 (March 29,
1995) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 24398 (April
30, 2014).
3 See ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Glycine from the People’s Republic of
China; 2013–2014’’ from Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(Preliminary Decision Memorandum), for a
complete description of the scope of the order.
4 See Order.
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Dumping
margin
(percent)
Baoding Mantong Fine Chemistry Co. Ltd .............................
784.48
5 See Memorandum to Abdelali Elouaradia,
Acting Director, Office VI, Antidumping and
Countervailing Duty Operations, through Angelica
Townshend, Program Manager, Office VI,
Antidumping and Countervailing Duty Operations,
from Ericka Ukrow, International Trade Compliance
Analyst, Office VI, titled ‘‘Antidumping Duty
Administrative Review of Glycine from the People’s
Republic of China; 2013–2014: Bona Fide Nature of
Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.’s
Sales,’’ dated concurrently and hereby adopted by
this notice (Evonik’s Bona Fide Memorandum).
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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.6 Rebuttal
briefs, which must be limited to issues
raised in the case briefs, must be filed
within five days after the time limit for
filing case briefs.7 A table of contents,
list of authorities used, and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes.
Any interested party may request a
hearing within 30 days of the
publication of this notice.8 Hearing
requests should contain the following
information: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, parties will be
notified of the date and time for the
hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW,
Washington, DC 20230.9
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
briefs, within 120 days after the
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.10 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. If we proceed to a final
rescission of this administrative review,
with respect to Evonik, then its entries
will be assessed at the rate entered.11
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is above de
6 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1)–(2).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.310(d).
10 See 19 CFR 351.212(b)(1).
11 See 19 CFR 351.212(c)(2).
7 See
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17:55 Apr 07, 2015
Jkt 235001
minimis (i.e., greater than or equal to 0.5
percent), the Department intends to
calculate importer- (or customer)specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).12 Where the
respondent reported reliable entered
values, the Department intends to
calculate importer- (or customer-)
specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to the importer (or customer)
and dividing this amount by the total
entered value of the sales to the
importer (or customer).13 Where the
Department calculates an importer- (or
customer-) specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer (or customer) by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer- (or
customer-)specific assessment rates
based on the resulting per-unit rates.14
Where an importer- (or customer-)
specific ad valorem or per-unit rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.15
On October 24, 2011, the Department
announced a refinement to its
assessment practice in non-market
economy antidumping duty cases.16
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this refinement, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.
In accordance with section
751(a)(2)(C) of the Act, the final results
12 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
13 See 19 CFR 351.212(b)(1).
14 Id.
15 See Final Modification at 8103.
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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18815
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) For
the companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this administrative review
(except, if the rate is zero or de minimis,
then a zero cash deposit will be
required); (2) for any previously
reviewed or investigated PRC and nonPRC exporter not listed above that
received a separate rate in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recently completed period;
(3) for all PRC exporters that have not
been found to be entitled to a separate
rate, the cash deposit rate will be that
for the PRC-wide entity (i.e., 453.79
percent); 17 18 and (4) 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 that
supplied the non-PRC exporter. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
17 See Glycine From the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 20891
(April 8, 2013).
18 The Department’s change in policy regarding
conditional review of the PRC-wide entity applies
to this administrative review. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963
(November 4, 2013). Under this policy, the PRCwide entity will not be under review unless a party
specifically requests, or the Department selfinitiates, a review of the entity. Because no party
requested a review of the PRC-wide entity in this
review, the entity is not under review and the
entity’s rate is not subject to change.
E:\FR\FM\08APN1.SGM
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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fides Inquiry
6. Non-Market Economy Country Status
7. Separate Rates Determination
A. Absence of De Jure Control
B. Absence of De Facto Control
8. The PRC-Wide Entity
9. Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable
Merchandise
C. Data Availability
10. Date of Sale
11. Fair Value Comparisons
A. Export Price
B. Value-Added Tax
C. Normal Value
12. Factor Valuation Methodology
A. ME Prices
B. Surrogate Values
13. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
14. Currency Conversion
15. Recommendation
[FR Doc. 2015–07952 Filed 4–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Certain Steel Nails 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.
SUMMARY: The Department of Commerce
(‘‘Department’’) published the
Preliminary Results of the fifth
administrative review of certain steel
nails (‘‘nails’’) from the People’s
Republic of China (‘‘PRC’’) on
AGENCY:
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17:55 Apr 07, 2015
Jkt 235001
September 30, 2014.1 We gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments and information received, we
made changes to the margin calculations
for these final results. The final
dumping margins are listed below in the
‘‘Final Results of the Administrative
Review’’ section of this notice. The
period of review (‘‘POR’’) is August 1,
2012, through July 31, 2013.
DATES: Effective Date: April 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey or Susan Pulongbarit,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202–
482–2312 or 202–482–4031,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Results on September 30,
2014.2 On February 9, 2015, we released
the sales and factors of production
(‘‘FOP’’) verification reports for
Stanley.3 Between February 12 and
February 24, 2015, interested parties
submitted case and rebuttal briefs. On
January 20, 2015, the Department
extended the deadline for the final
results to March 30, 2015.4
Scope of the Order
The merchandise covered by the order
includes certain steel nails having a
shaft length up to 12 inches. Certain
1 See Certain Steel from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review; 2012–2013, 79 FR
58744 (September 30, 2014) (‘‘Preliminary
Results’’), and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Results.
3 The Stanley Works (Langfang) Fastening
Systems Co., Ltd. and Stanley Black & Decker, Inc.
(collectively ‘‘Stanley’’); see the memoranda to the
file ‘‘Verification of the Questionnaire Responses of
Stanley Black & Decker, Inc. (‘‘SBD’’) in the 2012–
2013 Antidumping Duty Review of Certain Steel
Nails from the People’s Republic of China
(‘‘PRC’’),’’ and Verification of the Questionnaire
Responses of The Stanley Works (Langfang)
Fastening Systems Co., Ltd. (‘‘Stanley Langfang’’) in
the 2012–2013 Antidumping Duty Review of
Certain Steel Nails from the People’s Republic of
China (‘‘PRC’’), both dated February 9, 2015.
4 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Matthew
Renkey, Senior International Trade Compliance
Analyst, Office V, Antidumping and Countervailing
Duty Operations regarding Certain Steel Nails from
the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review, dated January 20, 2015.
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steel nails subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7317.00.55, 7317.00.65, 7317.00.75, and
7907.00.6000.5 While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the Issues and Decision
Memorandum. A list of the issues which
parties raised is attached to this notice
as an appendix. The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(‘‘CRU’’), Room 7046 of the main
Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).7
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the Issues and Decision Memorandum
can be accessed directly on the Internet
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we revised the margin calculation for
Stanley. Accordingly, for the final
results, the Department has updated the
margin to be assigned to companies
5 The Department recently added the Harmonized
Tariff Schedule category 7907.00.6000, ‘‘Other
articles of zinc: Other,’’ to the language of the
Order. See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, through James C. Doyle, Director, Office
9, Antidumping and Countervailing Duty
Operations, regarding ‘‘Certain Steel Nails from the
People’s Republic of China: Cobra Anchors Co. Ltd.
Final Scope Ruling,’’ dated September 19, 2013.
6 See ‘‘Certain Steel Nails from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of the Fifth
Antidumping Duty Administrative Review,’’ dated
concurrently with and hereby adopted by this
notice (‘‘Issues and Decision Memorandum’’), for a
complete description of the Scope of the Order.
7 On November 24, 2014, Enforcement and
Compliance changed the name of its centralized
electronic service system to ACCESS. The Web site
location was changed from https://iaaccess.trade.gov
to https://access.trade.gov. The Final Rule changing
the references to the centralized electronic service
system to ACCESS in the Department’s regulations
can be found at 79 FR 69046 (November 20, 2014).
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Agencies
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18814-18816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07952]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Intent To
Rescind, in Part; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on glycine from the
People's Republic of China (the PRC) covering the period of review
(POR) from March 1, 2013, through February 28, 2014. The administrative
review covers two mandatory respondents, Baoding Mantong Fine Chemistry
Co. Ltd. (Baoding Mantong) and Evonik Rexim (Nanning) Pharmaceutical
Co., Ltd. (Evonik). The Department preliminarily finds that Baoding
Mantong sold subject merchandise in the United States at prices below
the normal value (NV) during the POR. The Department preliminarily
determines that Evonik's sales to the United States were not bona fide
and is preliminarily rescinding the review with respect to Evonik.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: April 8, 2015.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or Ericka Ukrow, 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-
3362 or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2014, the Department initiated an administrative
review of the antidumping duty Order \1\ on glycine from the PRC.\2\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Glycine from the People's
Republic of China, 60 FR 16116 (March 29, 1995) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
24398 (April 30, 2014).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the antidumping duty order is glycine, which
is a free-flowing crystalline material, like salt or sugar.\3\ The
subject merchandise is currently classifiable under the Harmonized
Tariff Schedule of the United States (HTSUS) subheading 2922.49.4020.
The HTSUS subheading is provided for convenience and customs purposes
only; the written product description of the scope of the order is
dispositive.\4\
---------------------------------------------------------------------------
\3\ See ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Glycine from the People's
Republic of China; 2013-2014'' from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice (Preliminary
Decision Memorandum), for a complete description of the scope of the
order.
\4\ See Order.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. The list of topics discussed in the
Preliminary Decision Memorandum is provided as an Appendix to the
notice. This memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Bona Fides Analysis
As discussed in Evonik's Bona Fide Memorandum, the Department
preliminarily finds that the sales by Evonik are not bona fide, and
that these sales, and absence of factors-of-production (FOP) data, do
not provide a reasonable or reliable basis for calculating a dumping
margin.\5\ The Department reached this conclusion based on the totality
of circumstances, namely: (a) The atypical nature of Evonik's price;
and (b) the atypical circumstances surrounding its supplier's inability
to provide FOP data. Because these non-bona fide sales were the only
sales of subject merchandise that Evonik made during the POR, the
Department is preliminarily rescinding its review of Evonik.
---------------------------------------------------------------------------
\5\ See Memorandum to Abdelali Elouaradia, Acting Director,
Office VI, Antidumping and Countervailing Duty Operations, through
Angelica Townshend, Program Manager, Office VI, Antidumping and
Countervailing Duty Operations, from Ericka Ukrow, International
Trade Compliance Analyst, Office VI, titled ``Antidumping Duty
Administrative Review of Glycine from the People's Republic of
China; 2013-2014: Bona Fide Nature of Evonik Rexim (Nanning)
Pharmaceutical Co., Ltd.'s Sales,'' dated concurrently and hereby
adopted by this notice (Evonik's Bona Fide Memorandum).
---------------------------------------------------------------------------
Preliminary Results of Review
The Department has preliminarily determined that the following
dumping margin exists for the period March 1, 2013, through February
28, 2014:
------------------------------------------------------------------------
Dumping
Exporter margin
(percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co. Ltd..................... 784.48
------------------------------------------------------------------------
[[Page 18815]]
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\6\
Rebuttal briefs, which must be limited to issues raised in the case
briefs, must be filed within five days after the time limit for filing
case briefs.\7\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
the Department. This summary should be limited to five pages total,
including footnotes.
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d)(1)-(2).
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Any interested party may request a hearing within 30 days of the
publication of this notice.\8\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral argument presentations will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230.\9\
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the briefs, within 120 days after the
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries covered by this
review.\10\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. If we proceed to a final rescission of this administrative
review, with respect to Evonik, then its entries will be assessed at
the rate entered.\11\ For each individually examined respondent in this
review whose weighted-average dumping margin in the final results of
review is above de minimis (i.e., greater than or equal to 0.5
percent), the Department intends to calculate importer- (or customer)-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\12\
Where the respondent reported reliable entered values, the Department
intends to calculate importer- (or customer-) specific ad valorem rates
by aggregating the dumping margins calculated for all U.S. sales to the
importer (or customer) and dividing this amount by the total entered
value of the sales to the importer (or customer).\13\ Where the
Department calculates an importer- (or customer-) specific weighted-
average dumping margin by dividing the total amount of dumping for
reviewed sales to the importer (or customer) by the total sales
quantity associated with those transactions, the Department will direct
CBP to assess importer- (or customer-)specific assessment rates based
on the resulting per-unit rates.\14\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis, the
Department will instruct CBP to collect the appropriate duties at the
time of liquidation. Where either the respondent's weighted average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\15\
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\10\ See 19 CFR 351.212(b)(1).
\11\ See 19 CFR 351.212(c)(2).
\12\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See Final Modification at 8103.
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On October 24, 2011, the Department announced a refinement to its
assessment practice in non-market economy antidumping duty cases.\16\
Pursuant to this refinement in practice, for entries that were not
reported in the U.S. sales database submitted by an exporter
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. Additionally,
pursuant to this refinement, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the PRC-wide rate.
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For the companies listed above that have a
separate rate, the cash deposit rate will be that rate established in
the final results of this administrative review (except, if the rate is
zero or de minimis, then a zero cash deposit will be required); (2) for
any previously reviewed or investigated PRC and non-PRC exporter not
listed above that received a separate rate in a previous segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate published for the most recently completed
period; (3) for all PRC exporters that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
PRC-wide entity (i.e., 453.79 percent); 17 18 and (4) 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 that supplied the non-PRC exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Glycine From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR
20891 (April 8, 2013).
\18\ The Department's change in policy regarding conditional
review of the PRC-wide entity applies to this administrative review.
See Antidumping Proceedings: Announcement of Change in Department
Practice for Respondent Selection in Antidumping Duty Proceedings
and Conditional Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a
review of the entity. Because no party requested a review of the
PRC-wide entity in this review, the entity is not under review and
the entity's rate is not subject to change.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this
[[Page 18816]]
review period. Failure to comply with this requirement could result in
the Department's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fides Inquiry
6. Non-Market Economy Country Status
7. Separate Rates Determination
A. Absence of De Jure Control
B. Absence of De Facto Control
8. The PRC-Wide Entity
9. Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable Merchandise
C. Data Availability
10. Date of Sale
11. Fair Value Comparisons
A. Export Price
B. Value-Added Tax
C. Normal Value
12. Factor Valuation Methodology
A. ME Prices
B. Surrogate Values
13. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
14. Currency Conversion
15. Recommendation
[FR Doc. 2015-07952 Filed 4-7-15; 8:45 am]
BILLING CODE 3510-DS-P