Glycine From Japan: Final Determination of Sales at Less Than Fair Value, 18484-18486 [2019-08829]
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18484
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
a result of the suspension of liquidation
will be refunded or canceled.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final determination. Because
Commerce’s final determination is
affirmative, in accordance with section
705(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of glycine, no later than 45
days after this final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated and all cash deposits posted
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue a countervailing duty order
directing CBP to assess, upon further
instruction by Commerce,
countervailing duties on all imports of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or 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.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
705(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: April 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSK30RV082PROD 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.
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19:24 Apr 30, 2019
Jkt 247001
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Changes from the Preliminary
Determination
VI. Subsidies Valuation Information
VII. Analysis of Programs
1. Duty Drawback Program
2. Merchandise Export from India Scheme
3. Export Promotion of Capital Goods
Scheme
4. Status Holder Incentive Scrip Scheme
5. Land for Less than Adequate
Remuneration
6. State Government of Gujarat Water
Supply Program
VIII. Discussion of the Issues
Comment 1: Commerce’s Reliance on Past
Determinations
Comment 2: Calculation of Kumar’s
Subsidy Rate
Comment 3: Land for Less Than Adequate
Remuneration by the Gujarat Industrial
Development Corporation
Comment 4: Duty Drawback Program
Countervailability
Comment 5: Export Promotion of Capital
Goods Scheme Countervailability
Comment 6: Status Holder Incentive Scrip
Program Countervailability
Comment 7: Merchandise Exporter
Incentive Scheme Countervailability
Comment 8: State Government of Gujarat
Water Supply Program
Countervailability
IX. Recommendation
[FR Doc. 2019–08830 Filed 4–30–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–878]
Glycine From Japan: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that glycine
from Japan is being, or is likely to be,
sold in the United States at less than fair
value (LTFV) during the period of
investigation (POI) January 1, 2017,
through December 31, 2017.
DATES: Applicable May 1, 2019.
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:
Background
On October 31, 2018, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of glycine from Japan.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
1 See Glycine from Japan: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 83 FR 54718
(October 31, 2018) (Preliminary Determination) and
accompanying memorandum, ‘‘Decision
Memorandum for the Preliminary Determination in
the Less-Than-Fair-Value Investigation of Glycine
from Japan’’ (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Glycine from Japan,’’ dated
concurrently with this determination and hereby
adopted by this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
E:\FR\FM\01MYN1.SGM
01MYN1
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
reported by Nagase & Co., Ltd. (Nagase)
for use in our final determination. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
the respondents.6
become the next business day.
Accordingly, the revised deadline for
the final determination of this
investigation is now April 24, 2019.
Period of Investigation
The POI is January 1, 2017, through
December 31, 2017.
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
We invited parties to comment on
Commerce’s Preliminary Scope Decision
Memorandum.4 Commerce has
reviewed the briefs submitted by
interested parties, considered the
arguments therein, and has made no
changes to the scope of the
investigation. For further discussion, see
Commerce’s Scope Comments Final
Decision Memorandum.5
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding are discussed
in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by
Commerce in the Issues and Decision
Memorandum is attached at Appendix
II. The Issues and Decision
Memorandum is a public document and
is available 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 B–8024 of
Commerce’s main building. In addition,
a complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and electronic version are
identical in content.
jbell on DSK30RV082PROD with NOTICES
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce verified the sales and cost
data reported by Yuki Gosei Kogyo Co.,
Ltd. (Yuki Gosei), as well as affiliations,
corporate structure, and U.S. sales
4 See Memorandum, ‘‘Glycine from India, Japan,
the People’s Republic of China and Thailand: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated August 27,
2018 (Preliminary Scope Decision Memorandum).
5 See Memorandum, ‘‘Glycine from India, Japan,
the People’s Republic of China and Thailand: Scope
Comments Decision Memorandum for the Final
Determinations,’’ dated April 24, 2019.
VerDate Sep<11>2014
19:24 Apr 30, 2019
Jkt 247001
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Yuki Gosei
since the Preliminary Determination.
For a discussion of these changes, see
the ‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero or de minimis or
any margins determined entirely under
section 776 of the Act. In this
investigation, Commerce assigned a rate
based entirely on adverse facts available
to Showa Denko K. K. (Showa Denko).
We did not calculate a company-specific
rate for Nagase.7 The cash deposit rate
requirements for Nagase will be
determined consistent with the
‘‘Continuation of 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.
Final Determination
The weighted-average dumping
margins are as follows:
6 See
Memorandum, ‘‘Verification of the Sales
Response of Yuki Gosei Kogyo, Ltd. in the
Antidumping Investigation of Glycine from Japan,’’
dated February 5, 2019 (Yuki Gosei Sales
Verification Report); see also Memorandum, and
‘‘Verification of the Cost Response of Yuki Gosei
Kogyo Co., Ltd. in the Antidumping Duty
Investigation of Glycine from Japan,’’ dated
December 18, 2018 (Yuki Gosei Cost Verification
Report); Memorandum, ‘‘Verification of the
Questionnaire Responses of Nagase & Co., Ltd. in
the Less-Than-Fair-Value Investigation of Glycine
from Japan,’’ dated February 5, 2019 (Nagase
Verification Report).
7 See Preliminary Determination, and
accompanying PDM at 4–5, and 13–14.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Exporter/producer
Yuki Gosei Kogyo .......................
Showa Denko K.K ......................
All Others ....................................
18485
Weightedaverage
margins
(percent)
53.66
86.22
53.66
Disclosure
We will disclose the calculations
performed in this final determination
within five days of any public
announcement of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of glycine, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after October 31,
2018, the date of publication in the
Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
this final 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
respondent-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. These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
E:\FR\FM\01MYN1.SGM
01MYN1
18486
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
sales (or the likelihood of sales) for
importation of glycine from Japan no
later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated, and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
intends to issue an antidumping duty
order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i) of the Act and
19 CFR 351.210(c).
Dated: April 24, 2019.
Jeffrey I. Kessler,
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of the Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
Comment 1: Adjustment of General and
Administrtive Expense Ratio for
Research and Development Expenses
Comment 2: Adjustment of Indirect Selling
Expense in Calculating the Financial
Expense Ratio for Self-Produced Sales
Comment 3: Inclusion of Commission Fees
in Financial Expense Ratio for SelfProduced Sales
Comment 4: Adjustment of Cost Data To
Account for Returns
Comment 5: Adjustment of Warehouse
Expenses
Comment 6: Incorrect Invoice Dates
Comment 7: Treatment of Nagase for the
Final Determination
VII. Recommendation
[FR Doc. 2019–08829 Filed 4–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce)
and the International Trade Commission
automatically initiate and conduct
reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for June
2019
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in June 2019
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Reviews
(Sunset Review).
Department Contact
jbell on DSK30RV082PROD with NOTICES
Antidumping Duty Proceedings
Carbon and Certain Alloy Steel Wire Rod from Brazil (A–351–832) (3rd Review) .....................................
Circular Welded Austenitic Stainless Pressure Pipe from China (A–570–930) (2nd Review) ....................
Carbon and Certain Alloy Steel Wire Rod from Brazil (A–351–832) (3rd Review) .....................................
Carbon and Certain Alloy Steel Wire Rod from Indonesia (A–560–815) (3rd Review) ..............................
Welded Stainless Steel Pressure from Malaysia (A–557–815) (1st Review) ..............................................
Carbon and Certain Alloy Steel Wire Rod from Moldova (A–841–805) (3rd Review) ................................
Silicon Metal from Russia (A–821–817) (3rd Review) .................................................................................
Welded Stainless Steel Pressure from Socialist of Vietnam (A–552–816) (1st Review) ............................
Welded Stainless Steel Pressure from Thailand (A–549–830) (1st Review) ..............................................
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago (A–274–804 (3rd Review) ..............
Countervailing Duty Proceedings
Carbon and Certain Alloy Steel Wire Rod from Brazil (C–351–833) (3rd Review) .....................................
Circular Welded Austenitic Stainless Pressure Pipe from China (C–570–931) (2nd Review) ....................
Suspended Investigations
Oil Country Tubular Goods from Ukraine (A–823–815) (1st Review) .........................................................
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Joshua Poole, (202) 482–1293.
Matthew Renkey, (202) 482–2312.
Joshua Poole, (202) 482–1293.
Matthew Renkey, (202) 482–2312.
Matthew Renkey, (202) 482–2312.
Joshua Poole, (202) 482–1293.
Jacqueline Arrowsmith, (202) 482–
5255.
Matthew Renkey, (202) 482–2312.
Matthew Renkey, (202) 482–2312.
Joshua Poole, (202) 482–1293.
Joshua Poole, (202) 482–1293.
Joshua Poole, (202) 482–1293.
Matthew Renkey, (202) 482–2312.
01MYN1
Agencies
[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18484-18486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08829]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Final Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that glycine
from Japan is being, or is likely to be, sold in the United States at
less than fair value (LTFV) during the period of investigation (POI)
January 1, 2017, through December 31, 2017.
DATES: Applicable May 1, 2019.
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:
Background
On October 31, 2018, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of glycine from Japan.\1\ A
summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Glycine from Japan: Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination, 83
FR 54718 (October 31, 2018) (Preliminary Determination) and
accompanying memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Glycine
from Japan'' (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Glycine from Japan,'' dated concurrently with this
determination and hereby adopted by this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will
[[Page 18485]]
become the next business day. Accordingly, the revised deadline for the
final determination of this investigation is now April 24, 2019.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
Period of Investigation
The POI is January 1, 2017, through December 31, 2017.
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
We invited parties to comment on Commerce's Preliminary Scope
Decision Memorandum.\4\ Commerce has reviewed the briefs submitted by
interested parties, considered the arguments therein, and has made no
changes to the scope of the investigation. For further discussion, see
Commerce's Scope Comments Final Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Glycine from India, Japan, the People's
Republic of China and Thailand: Scope Comments Decision Memorandum
for the Preliminary Determinations,'' dated August 27, 2018
(Preliminary Scope Decision Memorandum).
\5\ See Memorandum, ``Glycine from India, Japan, the People's
Republic of China and Thailand: Scope Comments Decision Memorandum
for the Final Determinations,'' dated April 24, 2019.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached at Appendix II. The Issues and Decision Memorandum is a public
document and is available 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 B-8024 of Commerce's main building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and electronic version are identical in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost data reported by Yuki
Gosei Kogyo Co., Ltd. (Yuki Gosei), as well as affiliations, corporate
structure, and U.S. sales reported by Nagase & Co., Ltd. (Nagase) for
use in our final determination. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by the
respondents.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Verification of the Sales Response of Yuki
Gosei Kogyo, Ltd. in the Antidumping Investigation of Glycine from
Japan,'' dated February 5, 2019 (Yuki Gosei Sales Verification
Report); see also Memorandum, and ``Verification of the Cost
Response of Yuki Gosei Kogyo Co., Ltd. in the Antidumping Duty
Investigation of Glycine from Japan,'' dated December 18, 2018 (Yuki
Gosei Cost Verification Report); Memorandum, ``Verification of the
Questionnaire Responses of Nagase & Co., Ltd. in the Less-Than-Fair-
Value Investigation of Glycine from Japan,'' dated February 5, 2019
(Nagase Verification Report).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Yuki Gosei since the Preliminary Determination. For a discussion of
these changes, see the ``Margin Calculations'' section of the Issues
and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. In this investigation, Commerce assigned
a rate based entirely on adverse facts available to Showa Denko K. K.
(Showa Denko). We did not calculate a company-specific rate for
Nagase.\7\ The cash deposit rate requirements for Nagase will be
determined consistent with the ``Continuation of 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 Determination, and accompanying PDM at 4-5,
and 13-14.
---------------------------------------------------------------------------
Final Determination
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margins
(percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo............................................ 53.66
Showa Denko K.K............................................. 86.22
All Others.................................................. 53.66
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed in this final
determination within five days of any public announcement of this
notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of glycine, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after October 31, 2018, the date
of publication in the Federal Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final 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 respondent-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. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or
[[Page 18486]]
sales (or the likelihood of sales) for importation of glycine from
Japan no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated, and all cash deposits will be
refunded. If the ITC determines that such injury does exist, Commerce
intends to issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: April 24, 2019.
Jeffrey I. Kessler,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of the Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Adjustment of General and Administrtive Expense Ratio
for Research and Development Expenses
Comment 2: Adjustment of Indirect Selling Expense in Calculating
the Financial Expense Ratio for Self-Produced Sales
Comment 3: Inclusion of Commission Fees in Financial Expense
Ratio for Self-Produced Sales
Comment 4: Adjustment of Cost Data To Account for Returns
Comment 5: Adjustment of Warehouse Expenses
Comment 6: Incorrect Invoice Dates
Comment 7: Treatment of Nagase for the Final Determination
VII. Recommendation
[FR Doc. 2019-08829 Filed 4-30-19; 8:45 am]
BILLING CODE 3510-DS-P