Glycine From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 44859-44861 [2018-19096]
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Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–53–2018]
sradovich on DSK3GMQ082PROD with NOTICES
Foreign-Trade Zone (FTZ) 127—West
Columbia, South Carolina; Notification
of Proposed Production Activity;
Constantia Blythewood, LLC; (Flexible
Packaging and Engineered Industrial
Films); Blythewood, South Carolina
The Richland-Lexington Airport
District, Columbia Metropolitan Airport,
grantee of FTZ 127, submitted a
notification of proposed production
activity to the FTZ Board on behalf of
Constantia Blythewood, LLC (Constantia
Blythewood), located in Blythewood,
South Carolina. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on August 27,
2018.
The Constantia Blythewood facility is
located within Subzone 127E. The
facility is used for the production of
flexible packaging, engineered
industrial films and related items for the
food, beverage and personal care
industries. Pursuant to 15 CFR
400.14(b), FTZ activity would be limited
to the specific foreign-status materials
and components and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt Constantia Blythewood
from customs duty payments on the
foreign-status components used in
export production. On its domestic
sales, for the foreign-status materials/
components noted below, Constantia
Blythewood would be able to choose the
duty rates during customs entry
procedures that apply to: Paints and
varnishes based on synthetic polymers;
acrylic polymers; plastic films; selfadhesive paperboard; coated,
impregnated, or covered printing paper
and paperboard; foil-backed paperboard;
backed and decorated aluminum foil;
and, aluminum foil rolled with underlay
(duty rate ranges from duty-free to
4.2%). Constantia Blythewood would be
able to avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment.
The components and materials
sourced from abroad include: Paints and
varnishes based on polyester; paints and
varnishes based on chemically modified
natural polymers and dissolved in a
non-aqueous medium; acrylic polymers;
acrylic polymer plates; propylene
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17:54 Aug 31, 2018
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polymer plates, sheets, films, foils and
strips; polymers of vinyl chloride;
plastic plates, sheets, films, foils and
strips with textile components; plastic
articles for decoration; paperboard;
condenser paper; rolls of embossed
paper; self-adhesive paper; paper
covered with a substrate that will allow
for lamination to another material;
printing paper weighing over 30g;
aluminum can body and lid stock;
rolled aluminum foil of a thickness
exceeding 0.01mm; embossed
aluminum foil, not backed; etched
capacitor foil; backed aluminum that
has been covered or decorated; and,
photographic films and dry plates (duty
rate ranges from duty-free to 5.3%). The
request indicates that certain materials/
components are subject to special duties
under Section 232 of the Trade
Expansion Act of 1962 (Section 232) or
Section 301 of the Trade Act of 1974
(Section 301), depending on the country
of origin. The applicable Section 232
and Section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is
October 15, 2018.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: August 28, 2018.
Andrew McGilvray,
Executive Secretary.
44859
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–884]
Glycine From India: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
glycine from India. The period of
investigation (POI) is January 1, 2017,
through December 31, 2017. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable September 4, 2018.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann or Chelsey
Simonovich, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0698 or
(202) 482–1979, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 25, 2018.1 On June 7, 2018, in
accordance with section 703(c)(1)(A) of
the Act, Commerce postponed the
preliminary determination of this
investigation to August 27, 2018.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
[FR Doc. 2018–19099 Filed 8–31–18; 8:45 am]
1 See Glycine from India, the People’s Republic of
China, and Thailand: Initiation of Countervailing
Duty Investigation, 83 FR 18002 (April 25, 2018)
(Initiation Notice).
2 See Glycine from India, the People’s Republic of
China, and Thailand: Postponement of Preliminary
Determinations of Countervailing Duty
Investigations, 83 FR 26415 (June 7, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
Countervailing Duty Investigation of Glycine from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
BILLING CODE 3510–DS–P
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44860
Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is glycine from India. For
a complete description of the scope of
the investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record for
this preliminary determination and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See scope in Appendix I.
Methodology
sradovich on DSK3GMQ082PROD with NOTICES
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7 For a
full description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Glycine from India: Scope
Comments Decision Memorandum for the
Preliminary Determination,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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17:54 Aug 31, 2018
Jkt 244001
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final
countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of glycine from India
based on a request made by GEO
Specialty Chemicals, Inc. and Chattem
Chemicals, Inc. (the petitioners).8
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
January 7, 2019, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates, and any rates based
entirely under section 776 of the Act. In
this investigation, we calculated
individual estimated countervailable
subsidy rates for Kumar Industries,
India and Paras Intermediates Private
Limited that are not zero, de minimis, or
based entirely on facts available.
Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not
calculated the ‘‘all-others’’ rate by
weight-averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Therefore, for
the ‘‘all-others’’ rate, we calculated a
simple average of the two responding
companies’ rates.9
Company
All-Others ....................................
Subsidy
rate
(percent)
14.55
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice, in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Preliminary Determination
Pursuant to 19 CFR 351.203(c)(2) and
(d)(2), parties who submit case briefs or
We preliminarily determine that the
rebuttal briefs in this investigation are
following estimated countervailable
encouraged to submit with each
subsidy rates exist:
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
Subsidy
Company
rate
and (3) a table of authorities.
(percent)
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Kumar Industries, India ..............
26.07
hearing, limited to issues raised in the
Paras Intermediates Private Limited ..........................................
3.03 case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
8 See Petitioners’ Letter, ‘‘Glycine from Thailand:
Compliance, U.S. Department of
Request to Align the Countervailing Duty
Investigation Final Determination with the
Commerce, within 30 days after the date
Antidumping Duty Investigation Final
of publication of this notice. Requests
Determination,’’ dated June 29, 2018.
should contain the party’s name,
9 See Countervailing Duty Investigation of Fine
Denier Polyester Staple Fiber from the People’s
Republic of China: Final Affirmative Determination,
83 FR 3120 (January 23, 2018).
PO 00000
Frm 00004
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Sfmt 4703
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\04SEN1.SGM
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Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (ITC) of its
determination. If the final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: August 27, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
sradovich on DSK3GMQ082PROD with NOTICES
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is glycine at any purity level or
grade. This includes glycine of all purity
levels, which covers all forms of crude or
technical glycine including, but not limited
to, sodium glycinate, glycine slurry and any
other forms of amino acetic acid or glycine.
Subject merchandise also includes glycine
and precursors of dried crystalline glycine
that are processed in a third country,
including, but not limited to, refining or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope glycine or
precursors of dried crystalline glycine.
Glycine has the Chemical Abstracts Service
(CAS) registry number of 56–40–6. Glycine
and glycine slurry are classified under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2922.49.4300.
Sodium glycinate is classified in the HTSUS
under 2922.49.8000. While the HTSUS
subheadings and CAS registry number are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
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17:54 Aug 31, 2018
Jkt 244001
III. Injury Test
IV. Subsidies Valuation
V. Loan Benchmark and Interest Rates
VI. Analysis of Programs
VII. Conclusion
[FR Doc. 2018–19096 Filed 8–31–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–549–838]
Glycine From Thailand: Preliminary
Negative Countervailing Duty
Determination, Preliminary Negative
Critical Circumstances Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are not
being provided to producers and
exporters of glycine from Thailand. The
period of investigation is January 1,
2017, through December 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable September 4, 2018.
FOR FURTHER INFORMATION CONTACT:
George Ayache, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2623.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 25, 2018.1 On June 7, 2018, in
accordance with section 703(c)(1)(A) of
the Act, Commerce postponed the
preliminary determination of this
investigation to August 27, 2018.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
1 See Glycine from India, the People’s Republic of
China, and Thailand: Initiation of Countervailing
Duty Investigations, 83 FR 18002 (April 25, 2018)
(Initiation Notice).
2 See Glycine from India, the People’s Republic of
China, and Thailand: Postponement of Preliminary
Determinations of Countervailing Duty
Investigations, 83 FR 26415 (June 7, 2018).
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44861
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision 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 is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is glycine from Thailand.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record for
this preliminary determination and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See scope in Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs at issue in this investigation,
Commerce examined whether there is a
subsidy, i.e., a financial contribution by
3 See Memorandum, ‘‘Preliminary Negative
Determination of the Countervailing Duty
Investigation of Glycine from Thailand,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Glycine from India, Japan,
the People’s Republic of China and Thailand: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
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Agencies
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44859-44861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19096]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of glycine from India. The period of investigation (POI) is
January 1, 2017, through December 31, 2017. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable September 4, 2018.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Chelsey
Simonovich, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0698
or (202) 482-1979, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 25,
2018.\1\ On June 7, 2018, in accordance with section 703(c)(1)(A) of
the Act, Commerce postponed the preliminary determination of this
investigation to August 27, 2018.\2\ For a complete description of the
events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\3\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix II to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's
[[Page 44860]]
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Glycine from India, the People's Republic of China, and
Thailand: Initiation of Countervailing Duty Investigation, 83 FR
18002 (April 25, 2018) (Initiation Notice).
\2\ See Glycine from India, the People's Republic of China, and
Thailand: Postponement of Preliminary Determinations of
Countervailing Duty Investigations, 83 FR 26415 (June 7, 2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty Investigation of
Glycine from India,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is glycine from India.
For a complete description of the scope of the investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
For a summary of the product coverage comments and rebuttal
responses submitted to the record for this preliminary determination
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is
not preliminarily modifying the scope language as it appeared in the
Initiation Notice. See scope in Appendix I.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Glycine from India: Scope Comments
Decision Memorandum for the Preliminary Determination,'' dated
concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the final countervailing duty (CVD)
determination in this investigation with the final determination in the
companion antidumping duty (AD) investigation of glycine from India
based on a request made by GEO Specialty Chemicals, Inc. and Chattem
Chemicals, Inc. (the petitioners).\8\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
January 7, 2019, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioners' Letter, ``Glycine from Thailand: Request to
Align the Countervailing Duty Investigation Final Determination with
the Antidumping Duty Investigation Final Determination,'' dated June
29, 2018.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates, and any rates based entirely under section
776 of the Act. In this investigation, we calculated individual
estimated countervailable subsidy rates for Kumar Industries, India and
Paras Intermediates Private Limited that are not zero, de minimis, or
based entirely on facts available. Notwithstanding the language of
section 705(c)(5)(A)(i) of the Act, we have not calculated the ``all-
others'' rate by weight-averaging the rates of the two individually
investigated respondents, because doing so risks disclosure of
proprietary information. Therefore, for the ``all-others'' rate, we
calculated a simple average of the two responding companies' rates.\9\
---------------------------------------------------------------------------
\9\ See Countervailing Duty Investigation of Fine Denier
Polyester Staple Fiber from the People's Republic of China: Final
Affirmative Determination, 83 FR 3120 (January 23, 2018).
---------------------------------------------------------------------------
Preliminary Determination
We preliminarily determine that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Kumar Industries, India..................................... 26.07
Paras Intermediates Private Limited......................... 3.03
All-Others.................................................. 14.55
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice, in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.203(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name,
[[Page 44861]]
address, and telephone number, the number of participants, whether any
participant is a foreign national, and a list of the issues to be
discussed. If a request for a hearing is made, Commerce intends to hold
the hearing at the U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230, at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of its determination. If the final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of this preliminary determination or 45 days
after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 27, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is glycine at any
purity level or grade. This includes glycine of all purity levels,
which covers all forms of crude or technical glycine including, but
not limited to, sodium glycinate, glycine slurry and any other forms
of amino acetic acid or glycine. Subject merchandise also includes
glycine and precursors of dried crystalline glycine that are
processed in a third country, including, but not limited to,
refining or any other processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the in-scope glycine or precursors of
dried crystalline glycine. Glycine has the Chemical Abstracts
Service (CAS) registry number of 56-40-6. Glycine and glycine slurry
are classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 2922.49.4300. Sodium glycinate is classified in
the HTSUS under 2922.49.8000. While the HTSUS subheadings and CAS
registry number are provided for convenience and customs purposes,
the written description of the scope of this investigation is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Loan Benchmark and Interest Rates
VI. Analysis of Programs
VII. Conclusion
[FR Doc. 2018-19096 Filed 8-31-18; 8:45 am]
BILLING CODE 3510-DS-P