Countervailing Duty Investigation of Glycine From India: Affirmative Final Determination, 18482-18484 [2019-08830]
Download as PDF
<![CDATA[
18482
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
jbell on DSK30RV082PROD with NOTICES
reviews.5 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.6 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.7
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of May
2019. If Commerce does not receive, by
the last day of May 2019, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, Commerce will
5 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
6 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
7 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
VerDate Sep<11>2014
19:24 Apr 30, 2019
Jkt 247001
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: April 22, 2019.
James Maeder,
Associate Deputy Assistant Director for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
of glycine from India, which aligned the
final determination in this CVD
investigation with the final
determination in the companion
antidumping duty (AD) investigation of
glycine from India.1 A summary of the
events that occurred since Commerce
published the Preliminary
Determination may be found in the
Issues and Decision Memorandum that
is dated concurrently with this
determination and hereby adopted by
this notice.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
become the next business day.
Accordingly, the revised deadline for
the final determination is now April 24,
2019.
Period of Investigation
[FR Doc. 2019–08824 Filed 4–30–19; 8:45 am]
The POI is January 1, 2017, through
December 31, 2017.
BILLING CODE 3510–DS–P
Scope of the Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
The product covered by this
investigation is glycine from India. For
a complete description of the scope of
this investigation, see Appendix I.
[C–533–884]
Scope Comments
Countervailing Duty Investigation of
Glycine From India: Affirmative Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
glycine from India during the period of
investigation (POI), January 1, 2017,
through December 31, 2017.
DATES: Applicable May 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann or Julie Geiger, 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) 482–0698 and (202) 482–2057,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 4, 2018, Commerce
published in the Federal Register the
Preliminary Determination in the
countervailing duty (CVD) investigation
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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
1 See Glycine from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Duty Determination, 83 FR 44859 (September 4,
2018) (Preliminary Determination), and
accompanying Memorandum, ‘‘Decision
Memorandum for the Affirmative Preliminary
Determination: Countervailing Duty Investigation of
Glycine from India,’’ dated August 27, 2018.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination of the
Countervailing Duty Investigation of Glycine from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum to the Record from 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, ‘‘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.
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).
E:\FR\FM\01MYN1.SGM
01MYN1
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
investigation. For further discussion, see
Commerce’s Scope Comments Final
Decision Memorandum.5
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum, dated concurrently with,
and hereby adopted by, this notice. A
list of issues addressed is attached as
Appendix II to this notice. The Issues
and 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; the Issues and
Decision Memorandum is available to
all parties in the Central Records Unit
(CRU), Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each subsidy
program found countervailable,
Commerce 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.6 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Verification
jbell on DSK30RV082PROD with NOTICES
As provided in section 782(i) of the
Act, in September and October 2018, we
conducted verification of the
information reported by the Government
of India, mandatory respondents Kumar
Industries, India (Kumar) and Paras
Intermediates Private Limited (Paras), as
well as Avid Organics, Private Limited
(Avid), for use in the final
determination. We used standard
verification procedures, including an
examination of relevant accounting
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 (Scope
Comments Final Decision Memorandum).
6 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.
VerDate Sep<11>2014
19:24 Apr 30, 2019
Jkt 247001
records and original source documents
provided by the respondents.7
Changes Since the Preliminary
Determination
18483
estimated subsidy rates, pursuant to our
practice,9 we calculated a simple
average of the two responding
companies’ rates.
Based on our analysis of comments
received, as well as minor corrections
and additional items discovered at
verification, we made certain changes to
the respondents’ subsidy rate
calculations set forth in the Preliminary
Determination. As a result of these
changes, we have also revised the ‘‘allothers’’ rate. For a discussion of these
changes, see the Issues and Decision
Memorandum and the Final Calculation
Memoranda.8
Final Determination
Commerce determines that the
following final countervailable subsidy
rates exist for this investigation:
All-Others Rate
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this final
determination within five days of any
public announcement of our final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
In accordance with section
705(c)(1)(B)(i)(I) of the Act, Commerce
calculated a countervailable subsidy
rate for the individually examined
exporters/producers of subject
merchandise. Section 705(c)(5)(A) of the
Act provides that 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 and Paras that
are not zero, de minimis, or based
entirely on facts available. Because we
do not have publicly ranged data from
all company respondents with which to
calculate the all-others rate using a
weighted-average of individual
7 See Memorandum, ‘‘Countervailing Duty
Investigation of Glycine from India; Verification of
Verification of Paras Intermediates Private
Limited,’’ dated November 23, 2018 (Paras
Verification Report); see also Memorandum,
‘‘Countervailing Duty Investigation of Glycine from
India; Verification of the Questionnaire Responses
Submitted by the Government of India,’’ dated
December 11, 2018 (GOI Verification Report);
Memorandum, ‘‘Countervailing Duty Investigation
of Glycine from India; Verification of Kumar
Industries, India Questionnaire Responses,’’ dated
December 11, 2018 (Kumar Verification Report);
Memorandum, ‘‘Countervailing Duty Investigation
of Glycine from India; Verification of Avid Organics
Pvt. Ltd. Questionnaire Responses,’’ dated
December 13, 2018 (Avid Verification Report).
8 See Memoranda, ‘‘Final Determination of
Countervailing Duty Investigation of Glycine from
India: Calculation Memorandum for Kumar
Industries, India,’’ ‘‘Final Determination of
Countervailing Duty Investigation of Glycine from
India: Calculation Memorandum for Avid Organics
Pvt. Ltd.,’’ and ‘‘Final Determination of
Countervailing Duty Investigation of Glycine from
India: Calculation Memorandum for Paras
Intermediates Private Limited,’’ each dated
concurrently with this notice (Final Calculation
Memoranda).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Company
Kumar Industries, India ..............
Paras Intermediates Private Limited ..........................................
All Others ....................................
Subsidy
rate
(percent)
6.99
3.03
5.01
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of merchandise under
consideration from India that were
entered or withdrawn from warehouse,
for consumption, on or after September
4, 2018, the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we issued
instructions to CBP to discontinue the
suspension of liquidation for CVD
purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after January 2, 2019, but to
continue the suspension of liquidation
of all entries from September 4, 2018,
through January 1, 2019.
If the U.S. International Trade
Commission (the ITC) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
countervailing duties for such entries of
subject merchandise in the amounts
indicated above. If the ITC determines
that material injury, or threat of material
injury, does not exist, this proceeding
will be terminated, and all estimated
duties deposited or securities posted as
9 See, e.g., Countervailing Duty Investigation of
Fine Denier Polyester Staple Fiber from the People’s
Republic of China: Final Affirmative Determination,
83 FR 3120, 3121 (January 23, 2018).
E:\FR\FM\01MYN1.SGM
01MYN1
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.
VerDate Sep<11>2014
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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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
]]>Agencies
[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18482-18484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08830]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Countervailing Duty Investigation of Glycine From India:
Affirmative Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of glycine from India during the period of investigation (POI), January
1, 2017, through December 31, 2017.
DATES: Applicable May 1, 2019.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Julie Geiger, 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) 482-0698 and (202)
482-2057, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2018, Commerce published in the Federal Register
the Preliminary Determination in the countervailing duty (CVD)
investigation of glycine from India, which aligned the final
determination in this CVD investigation with the final determination in
the companion antidumping duty (AD) investigation of glycine from
India.\1\ A summary of the events that occurred since Commerce
published the Preliminary Determination may be found in the Issues and
Decision Memorandum that is dated concurrently with this determination
and hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Glycine from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 83 FR 44859
(September 4, 2018) (Preliminary Determination), and accompanying
Memorandum, ``Decision Memorandum for the Affirmative Preliminary
Determination: Countervailing Duty Investigation of Glycine from
India,'' dated August 27, 2018.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of the Countervailing Duty Investigation of
Glycine from India,'' dated concurrently with, 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 become the next business day. Accordingly,
the revised deadline for the final determination is now April 24, 2019.
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from 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, ``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 India.
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
[[Page 18483]]
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 (Scope Comments
Final Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum, dated concurrently with, and hereby
adopted by, this notice. A list of issues addressed is attached as
Appendix II to this notice. The Issues and 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; the Issues and Decision Memorandum is
available to all parties in the Central Records Unit (CRU), Room B8024
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each subsidy
program found countervailable, Commerce 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.\6\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in September and October
2018, we conducted verification of the information reported by the
Government of India, mandatory respondents Kumar Industries, India
(Kumar) and Paras Intermediates Private Limited (Paras), as well as
Avid Organics, Private Limited (Avid), for use in the final
determination. We used standard verification procedures, including an
examination of relevant accounting records and original source
documents provided by the respondents.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Countervailing Duty Investigation of
Glycine from India; Verification of Verification of Paras
Intermediates Private Limited,'' dated November 23, 2018 (Paras
Verification Report); see also Memorandum, ``Countervailing Duty
Investigation of Glycine from India; Verification of the
Questionnaire Responses Submitted by the Government of India,''
dated December 11, 2018 (GOI Verification Report); Memorandum,
``Countervailing Duty Investigation of Glycine from India;
Verification of Kumar Industries, India Questionnaire Responses,''
dated December 11, 2018 (Kumar Verification Report); Memorandum,
``Countervailing Duty Investigation of Glycine from India;
Verification of Avid Organics Pvt. Ltd. Questionnaire Responses,''
dated December 13, 2018 (Avid Verification Report).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of comments received, as well as minor
corrections and additional items discovered at verification, we made
certain changes to the respondents' subsidy rate calculations set forth
in the Preliminary Determination. As a result of these changes, we have
also revised the ``all-others'' rate. For a discussion of these
changes, see the Issues and Decision Memorandum and the Final
Calculation Memoranda.\8\
---------------------------------------------------------------------------
\8\ See Memoranda, ``Final Determination of Countervailing Duty
Investigation of Glycine from India: Calculation Memorandum for
Kumar Industries, India,'' ``Final Determination of Countervailing
Duty Investigation of Glycine from India: Calculation Memorandum for
Avid Organics Pvt. Ltd.,'' and ``Final Determination of
Countervailing Duty Investigation of Glycine from India: Calculation
Memorandum for Paras Intermediates Private Limited,'' each dated
concurrently with this notice (Final Calculation Memoranda).
---------------------------------------------------------------------------
All-Others Rate
In accordance with section 705(c)(1)(B)(i)(I) of the Act, Commerce
calculated a countervailable subsidy rate for the individually examined
exporters/producers of subject merchandise. Section 705(c)(5)(A) of the
Act provides that 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 and Paras that are
not zero, de minimis, or based entirely on facts available. Because we
do not have publicly ranged data from all company respondents with
which to calculate the all-others rate using a weighted-average of
individual estimated subsidy rates, pursuant to our practice,\9\ we
calculated a simple average of the two responding companies' rates.
---------------------------------------------------------------------------
\9\ See, e.g., Countervailing Duty Investigation of Fine Denier
Polyester Staple Fiber from the People's Republic of China: Final
Affirmative Determination, 83 FR 3120, 3121 (January 23, 2018).
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following final countervailable
subsidy rates exist for this investigation:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Kumar Industries, India..................................... 6.99
Paras Intermediates Private Limited......................... 3.03
All Others.................................................. 5.01
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of any public announcement of our final determination in the Federal
Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all entries of
merchandise under consideration from India that were entered or
withdrawn from warehouse, for consumption, on or after September 4,
2018, the date of publication of the Preliminary Determination in the
Federal Register. In accordance with section 703(d) of the Act, we
issued instructions to CBP to discontinue the suspension of liquidation
for CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after January 2, 2019, but to continue the suspension
of liquidation of all entries from September 4, 2018, through January
1, 2019.
If the U.S. International Trade Commission (the ITC) issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated countervailing duties for
such entries of subject merchandise in the amounts indicated above. If
the ITC determines that material injury, or threat of material injury,
does not exist, this proceeding will be terminated, and all estimated
duties deposited or securities posted as
[[Page 18484]]
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.
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. 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
