Glycine From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 44861-44862 [2018-19098]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44861-44862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19098]


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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

AGENCY: 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.

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 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.
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    \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).
    \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).
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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.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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    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.
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    \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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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

[[Page 44862]]

an ``authority'' that gives rise to a benefit to the recipient, and 
whether the subsidy is specific.\7\
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    \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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Preliminary Negative Determination of Critical Circumstances

    In accordance with section 703(e)(1) of the Act, we preliminary 
determine that critical circumstances do not exist with respect to 
imports of glycine from Thailand. For a full description of the 
methodology and results of Commerce's analysis, see the Preliminary 
Decision Memorandum.

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 Thailand 
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.
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    \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.
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Preliminary Determination

    We preliminarily determine that the following estimated 
countervailable subsidy rates exist:

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                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Newtrend Food Ingredient (Thailand) Co., Ltd................        0.00
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    Consistent with section 703(d) of the Act, Commerce has not 
calculated an estimated weighted-average subsidy rate for all other 
producers/exporters because it has not made an affirmative preliminary 
determination.

Suspension of Liquidation

    Because Commerce preliminarily determines that no countervailable 
subsidies are being provided to the production or exportation of 
subject merchandise, Commerce will not direct U.S. Customs and Border 
Protection to suspend liquidation of any such entries.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of the public announcement of, or, where there is no public 
announcement, within five days of the date of publication of, the 
notice of preliminary determination in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, because Commerce's negative 
preliminary determination is based on non-use and/or the finding that 
certain programs are not countervailable, there are no calculations to 
disclose with regard to the individually examined company in this 
investigation.\9\
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    \9\ See Preliminary Decision Memorandum.
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Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information relied upon in making its 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 351.309(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, 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 make its final injury 
determination 75 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. Preliminary Negative Determination of Critical Circumstances
V. Subsidies Valuation
VI. Analysis of Programs
VII. Conclusion

[FR Doc. 2018-19098 Filed 8-31-18; 8:45 am]
 BILLING CODE 3510-DS-P