Glycine From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 54718-54720 [2018-23720]
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54718
Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
amozie on DSK3GDR082PROD with NOTICES1
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, unless otherwise
indicated. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
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.
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.
petitioners requested that Commerce
postpone the final determination.9 In
accordance with section 735(a)(2)(B) of
the Act, because the preliminary
determination is negative, and the
petitioners have requested the
postponement of the final
determination, Commerce is postponing
the final determination. Accordingly,
Commerce will make its final
determination by no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine 75 days after the
final determination whether these
imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 24, 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
Postponement of Final Determination
for Negative Preliminary Determination
Section 735(a)(2)(B) of the Act
provides that a final determination may
be postponed until not later than 135
days after the date of the publication of
the preliminary determination if, in the
event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners.8 On September 14, 2018, the
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
this 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 2922.49.43.00.
Sodium glycinate is classified in the HTSUS
under 2922.49.80.00. While the HTSUS
subheadings and CAS registry number are
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
8 The petitioners are GEO Specialty Chemicals,
Inc. and Chattem Chemicals, Inc.
9 See Letter from the petitioners, ‘‘Glycine from
Thailand, Japan, and India: Request to Extend the
Final Determinations in Glycine from Thailand,
Japan and India,’’ dated September 14, 2018.
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PO 00000
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Fmt 4703
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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. Period of Investigation
IV. Postponement of Final Determination
V. Scope Comments
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
A. Particular Market Situation
B. Home Market Viability
C. Level of Trade
D. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Preliminary Negative Determination of
Critical Circumstances
XIII. Conclusion
[FR Doc. 2018–23719 Filed 10–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–878]
Glycine From Japan: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that glycine from Japan is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). 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 October 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren or John McGowan,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9179 or
(202) 482–3019, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
Background
This preliminary determination is
made in accordance with section 733(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 August 21, 2018,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now October 24,
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
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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is glycine from Japan. For
a complete description of the scope of
this investigation, see Appendix I.
amozie on DSK3GDR082PROD with NOTICES1
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
1 See Glycine from India, Japan, and Thailand:
Initiation of Less-Than-Fair-Value Investigations, 83
FR 17995 (April 25, 2018) (Initiation Notice).
2 See Glycine from India, Japan, and Thailand:
Postponement of Preliminary Determinations of
Antidumping Duty Investigations, 83 FR 42259
(August 21, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Glycine from Japan’’
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, 83 FR at 17996.
VerDate Sep<11>2014
18:06 Oct 30, 2018
Jkt 247001
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Export price was
calculated in accordance with section
772(a) of the Act. Normal value (NV)
was calculated in accordance with
section 773 of the Act for Yuki Gosei
Kogyo Co., Ltd. (Yuki Gosei).
Furthermore, pursuant to section 776(a)
and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available, with adverse
inferences for Showa Denko K.K.
(Showa Denko). For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on adverse facts available to
Showa Denko. We did not calculate a
company-specific rate for Nagase & Co.,
Ltd. (Nagase).7 The cash deposit rate
requirements for Nagase will be
determined consistent with the
Suspension of Liquidation section of
this notice. Therefore, the only rate that
is not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for Yuki Gosei.
Consequently, the rate calculated for
Yuki Gosei is also assigned as the rate
for all-other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
6 See Memorandum, ‘‘Glycine from India, Japan,
the People’s Republic of China and Thailand: Scope
Comments Decision Memorandum for the
Preliminary Determination,’’ dated August 27, 2018
(Preliminary Scope Decision Memorandum).
7 See Preliminary Decision Memorandum at 4–5,
and 13–14.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Exporter/producer
Yuki Gosei Kogyo Co., Ltd 8 .......
Showa Denko K.K ......................
All-Others ....................................
54719
Estimated
weightedaverage
dumping
margin
(percent)
53.66
86.22
53.66
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends 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
8 See Memorandum, ‘‘Preliminary Determination
Margin Calculation for Yuki Gosei Kogyo Co., Ltd.’’
dated concurrently with this memorandum.
E:\FR\FM\31OCN1.SGM
31OCN1
54720
Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
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.9
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.
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.
amozie on DSK3GDR082PROD with NOTICES1
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On September 18, 2018, pursuant to
19 CFR 351.210(e), Yuki Gosei and
Nagase requested that Commerce
postpone the final determination and
that provisional measures be extended
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
18:06 Oct 30, 2018
Jkt 247001
to a period not to exceed six months.10
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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 whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
(CAS) registry number of 56–40–6. Glycine
and glycine slurry are classified under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2922.49.43.00.
Sodium glycinate is classified in the HTSUS
under 2922.49.80.00. 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. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Inference
VII. All-Others Rate
VIII. Discussion of the Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price
XII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XIII. Currency Conversion
XIV. Conclusion
[FR Doc. 2018–23720 Filed 10–30–18; 8:45 am]
Dated: October 24, 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.
BILLING CODE 3510–DS–P
Appendix I
RIN 0648–XG423
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
this 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
Endangered and Threatened Species:
Take of Anadromous Fish
10 See Letter from Yuki Gosei and Nagase,
‘‘Glycine from Japan: Request to Postpone the Due
Date for the Final Determination,’’ dated September
18, 2018.
PO 00000
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Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
NMFS has received an
application for a new Enhancement of
Survival Permit and a request for entry
into an associated proposed Safe Harbor
Agreement (Agreement) between the
applicant and NMFS. The proposed
Enhancement of Survival Permit and
Agreement are intended to promote the
survival and recovery of Central
California Coast (CCC) Coho Salmon
(Oncorhynchus kisutch) and CCC
Steelhead (O. mykiss) listed as
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54718-54720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23720]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that glycine from Japan is being, or is likely to be, sold in the
United States at less than fair value (LTFV). 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 October 31, 2018.
FOR FURTHER INFORMATION CONTACT: Madeline Heeren or John McGowan, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9179 or (202)
482-3019, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 54719]]
Background
This preliminary determination is made in accordance with section
733(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 August 21, 2018, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
October 24, 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 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 the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Glycine from India, Japan, and Thailand: Initiation of
Less-Than-Fair-Value Investigations, 83 FR 17995 (April 25, 2018)
(Initiation Notice).
\2\ See Glycine from India, Japan, and Thailand: Postponement of
Preliminary Determinations of Antidumping Duty Investigations, 83 FR
42259 (August 21, 2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Glycine
from Japan'' 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 Japan.
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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 83 FR at 17996.
\6\ See Memorandum, ``Glycine from India, Japan, the People's
Republic of China and Thailand: Scope Comments Decision Memorandum
for the Preliminary Determination,'' dated August 27, 2018
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Export price was calculated in accordance with
section 772(a) of the Act. Normal value (NV) was calculated in
accordance with section 773 of the Act for Yuki Gosei Kogyo Co., Ltd.
(Yuki Gosei). Furthermore, pursuant to section 776(a) and (b) of the
Act, Commerce has preliminarily relied upon facts otherwise available,
with adverse inferences for Showa Denko K.K. (Showa Denko). For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on adverse facts available to Showa Denko. We did not
calculate a company-specific rate for Nagase & Co., Ltd. (Nagase).\7\
The cash deposit rate requirements for Nagase will be determined
consistent with the Suspension of Liquidation section of this notice.
Therefore, the only rate that is not zero, de minimis or based entirely
on facts otherwise available is the rate calculated for Yuki Gosei.
Consequently, the rate calculated for Yuki Gosei is also assigned as
the rate for all-other producers and exporters.
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at 4-5, and 13-14.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd \8\............................... 53.66
Showa Denko K.K............................................. 86.22
All-Others.................................................. 53.66
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\8\ See Memorandum, ``Preliminary Determination Margin
Calculation for Yuki Gosei Kogyo Co., Ltd.'' dated concurrently with
this memorandum.
---------------------------------------------------------------------------
In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends 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
[[Page 54720]]
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.\9\ 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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\9\ 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On September 18, 2018, pursuant to 19 CFR 351.210(e), Yuki Gosei
and Nagase requested that Commerce postpone the final determination and
that provisional measures be extended to a period not to exceed six
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\10\ See Letter from Yuki Gosei and Nagase, ``Glycine from
Japan: Request to Postpone the Due Date for the Final
Determination,'' dated September 18, 2018.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 24, 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 this 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 2922.49.43.00. Sodium glycinate is classified in
the HTSUS under 2922.49.80.00. 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. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. All-Others Rate
VIII. Discussion of the Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price
XII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Conclusion
[FR Doc. 2018-23720 Filed 10-30-18; 8:45 am]
BILLING CODE 3510-DS-P
