Glycine From India: Final Determination of Sales at Less Than Fair Value, 18487-18489 [2019-08831]
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Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation.
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.
[FR Doc. 2019–08823 Filed 4–30–19; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–883]
Glycine From India: 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 India 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:
Edythe Artman or Kent Boydston, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
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Background
On October 31, 2018, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of glycine from India.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
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 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
investigation. For further discussion, see
BILLING CODE 3510–DS–P
AGENCY:
NW, Washington, DC 20230; telephone:
(202) 482–3931 or (202) 482–5649,
respectively.
SUPPLEMENTARY INFORMATION:
1 See Glycine from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 54713
(October 31, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Glycine from India,’’ 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.
4 See ‘‘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).
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18487
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.
Verifications
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 Kumar Industries,
India (Kumar), and Paras Intermediates
Private Limited (Paras) 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.
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 Kumar and
Paras 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
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.
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18488
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
investigation is also subject to a
concurrent CVD investigation, we
instruct CBP to require a cash deposit
equal to the amount by which the
normal value exceeds the U.S. price,
less the amount of the CVD determined
to constitute any export subsidies.8
Therefore, in the event that a
countervailing duty order is issued, and
suspension of liquidation is resumed in
the companion CVD investigation of
glycine from India, Commerce will
Final Determination
instruct CBP to require cash deposits
The weighted-average dumping
adjusted by the amount of export
margins are as follows:
subsidies, as appropriate. These
adjustments are reflected in the final
Estimated
Cash
column of the rate chart, above. Until
weighteddeposit rate
Exporter/proaverage
(adjusted for such suspension of liquidation is
resumed in the companion CVD
ducer
dumping
subsidy
margin
offset(s))
investigation, and so long as suspension
(percent)
(percent)
of liquidation continues under this
antidumping duty investigation, the
Kumar Indus6
7.75
0.76 cash deposit rates for this antidumping
tries, India .....
duty investigation will be the rates
Paras Intermediidentified in the estimated weightedates Private
7 10.86
Limited ...........
7.83 average dumping margin column in the
All Others ..........
9.31
4.30 rate chart, above.
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 calculated a
company-specific rate for Kumar and
Paras. Consequently, the weighted
average of the rates calculated for the
two companies will be assigned as the
rate for all other producers and
exporters.
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).
jbell on DSK30RV082PROD with NOTICES
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 from India, 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.
Further, Commerce will instruct CBP
to require a cash deposit equal to the
estimated amount by which the normal
value exceeds the U.S. price as shown
above, adjusted where appropriate, for
export subsidies found in the final
determination of the companion
countervailing duty (CVD) investigation.
Consistent with our longstanding
practice, where the product under
6 See Memorandum to the File, ‘‘Final
Determination Margin Calculation Memorandum
for Kumar Industries, India’’, dated concurrently
with this memorandum.
7 See Analysis Memorandum for Paras, ‘‘Analysis
of Data Submitted by Paras Intermediates Private
Limited in the Final Determination of the
Antidumping Duty Investigation of Glycine from
India,’’ dated concurrently with this memorandum.
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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
sales (or the likelihood of sales) for
importation of glycine from India 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, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
8 See, e.g., Welded Line Pipe from the Republic of
Turkey: Final Determination of Sales at Less Than
Fair Value, 80 FR 61362 (October 13, 2015), and
Notice of Final Determination of Sales at Less Than
Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination
Refrigerator-Freezers from the Republic of Korea, 77
17413 (March 26, 2012).
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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 Investigation
IV. Scope of the Investigation
V. Adjustment for Countervailable Export
Subsidies
VI. Changes Since the Preliminary
Determination
VII. Discussion of the Issues
Comment 1: Application of Total Adverse
Facts Available to Kumar
Comment 2: Paras’ Contributions for
Corporate Social Responsibility
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01MYN1
Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
Comment 3: Calculation of Paras’ Shortterm Interest Income
VIII. Recommendation
[FR Doc. 2019–08831 Filed 4–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–081]
Glycine From the People’s Republic of
China: Final Affirmative Countervailing
Duty 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 the People’s Republic of
China (China) for the period of
investigation (POI) January 1, 2017,
through December 31, 2017.
DATES: Applicable May 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Tyler Weinhold,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3813 or
(202) 482–0121, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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This final determination is made in
accordance with section 705 of the
Tariff Act of 1930, as amended (the Act).
The petitioners in this investigation are
GEO Specialty Chemicals, Inc. and
Chattem Chemicals, Inc. (the
petitioners).1 The mandatory
respondents in this investigation are JC
Chemicals Limited and Simagchem
Corp. Neither the mandatory
respondents nor the Government of
China responded to our requests for
information in this investigation. On
September 4, 2018, Commerce
published in the Federal Register the
Preliminary Determination and invited
interested parties to comment.2 We
received no comments regarding the
Preliminary Determination but did
receive scope comments from certain
1 See Petitioners’ letter, ‘‘Glycine from the
People’s Republic of China, India, Japan and
Thailand: Petitions for the Imposition of
Antidumping and Countervailing Duties,’’ dated
March 28, 2018 (Petition).
2 See Glycine From the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination, 83 FR 44863 (September 4, 2018)
(Preliminary Determination), and the accompanying
Preliminary Decision Memorandum.
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18489
interested parties. 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
Accordingly, the revised deadline for
the final determination is now April 24,
2019.
Scope of the Investigation
Period of Investigation
For purposes of this final
determination, we relied solely on facts
available because neither the
Government of China nor any of the
selected mandatory respondents
participated in this investigation.
Further, because the mandatory
respondents and the Government of
China did not cooperate to the best of
their abilities in responding to our
requests for information in this
investigation, we drew adverse
inferences in selecting from among the
facts otherwise available, in accordance
with sections 776(a)–(b) of the Act.
Therefore, consistent with the
Preliminary Determination, we continue
to apply adverse facts available to JC
Chemicals Limited and Simagchem
Corp. No interested party submitted
comments on the Preliminary
Determination. Thus we made no
changes to the subsidy rates for the
mandatory respondents for the final
determination. A detailed discussion of
our application of AFA was provided in
the Preliminary Determination and the
accompanying Preliminary Decision
Memorandum.8
The period of investigation is January
1, 2017, through December 31, 2017.
Scope Comments
We invited parties to comment on
Commerce’s Preliminary Scope Decision
Memorandum.4 In October 2018, we
received timely scope comments from
Ajinomoto Health and Nutrition North
America, and the petitioners, GEO
Specialty Chemicals, Inc., and Chattem
Chemicals, Inc., filed rebuttal scope
comments.5 We issued a final scope
decision memorandum, concurrent with
this final determination, in response to
these comments.6 We made no changes
to the scope of the investigation since
the Preliminary Determination.
Commerce has reviewed the
comments 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.7
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 investigation
affected by the partial federal government closure
have been extended by 40 days. If the new deadline
falls on a non-business day, in accordance with
Commerce’s practice, the deadline will become the
next business day.
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.
5 See Letter from AHN, ‘‘Glycine from the
People’s Republic of China, India, Japan, and
Thailand: Comments on the Scope of the
Investigation’’, dated October 4, 2018; Letter from
the petitioners, ‘‘Glycine from India, Japan, the
People’s Republic of China and Thailand:
Petitioners’ Rebuttal to Ajinomoto Health and
Nutrition North America, Inc.’s Comments on the
Scope of Less-Than-Fair-Value and Countervailing
Duty Investigations’’, dated October 8, 2018.
6 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.
7 See Memorandum, ‘‘Glycine from India, Japan,
the People’s Republic of China and Thailand: Scope
Comments Final Decision Memorandum,’’ dated
concurrently with this memorandum.
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The merchandise covered by this
investigation is glycine from China. For
a complete description of the scope of
this investigation, see Appendix.
Analysis of Subsidy Programs and
Comments Received—Adverse Facts
Available (AFA)
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
selection of the all-others rate on the
countervailable subsidy rate established
for the mandatory respondents, in
accordance with section 705(c)(5)(A)(ii)
of the Act.9 We made no changes to the
selection of the all-others rate for this
final determination.
Final Determination
Company
JC Chemicals Limited .................
Sigmachem Corp ........................
All Others ....................................
Subsidy
rate
144.01
percent.
144.01
percent.
144.01
percent.
8 See Preliminary Determination, and the
accompanying Preliminary Decision Memorandum
at ‘‘Use of Facts Otherwise Available and Adverse
Inferences.’’
9 See Preliminary Determination, 83 FR at 44863,
and the accompanying Preliminary Decision
Memorandum at ‘‘Calculation of the All-Others
Rate.’’
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]]>Agencies
[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18487-18489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08831]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: 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 India 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: Edythe Artman or Kent Boydston, 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) 482-3931 or (202) 482-5649,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2018, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of glycine from India.\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 India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 83 FR
54713 (October 31, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Glycine from India,'' 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 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 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 investigation. For further discussion, see
Commerce's Scope Comments Final Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ See ``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.
Verifications
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 Kumar
Industries, India (Kumar), and Paras Intermediates Private Limited
(Paras) 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.
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
Kumar and Paras 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
[[Page 18488]]
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 calculated a company-specific rate
for Kumar and Paras. Consequently, the weighted average of the rates
calculated for the two companies will be assigned as the rate for all
other producers and exporters.
Final Determination
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Cash
Estimated deposit
weighted- rate
Exporter/producer average (adjusted
dumping for subsidy
margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Kumar Industries, India....................... \6\ 7.75 0.76
Paras Intermediates Private Limited........... \7\ 10.86 7.83
All Others.................................... 9.31 4.30
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\6\ See Memorandum to the File, ``Final Determination Margin
Calculation Memorandum for Kumar Industries, India'', dated
concurrently with this memorandum.
\7\ See Analysis Memorandum for Paras, ``Analysis of Data
Submitted by Paras Intermediates Private Limited in the Final
Determination of the Antidumping Duty Investigation of Glycine from
India,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------
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 from
India, 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.
Further, Commerce will instruct CBP to require a cash deposit equal
to the estimated amount by which the normal value exceeds the U.S.
price as shown above, adjusted where appropriate, for export subsidies
found in the final determination of the companion countervailing duty
(CVD) investigation. Consistent with our longstanding practice, where
the product under investigation is also subject to a concurrent CVD
investigation, we instruct CBP to require a cash deposit equal to the
amount by which the normal value exceeds the U.S. price, less the
amount of the CVD determined to constitute any export subsidies.\8\
---------------------------------------------------------------------------
\8\ See, e.g., Welded Line Pipe from the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362
(October 13, 2015), and Notice of Final Determination of Sales at
Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers from
the Republic of Korea, 77 17413 (March 26, 2012).
---------------------------------------------------------------------------
Therefore, in the event that a countervailing duty order is issued,
and suspension of liquidation is resumed in the companion CVD
investigation of glycine from India, Commerce will instruct CBP to
require cash deposits adjusted by the amount of export subsidies, as
appropriate. These adjustments are reflected in the final column of the
rate chart, above. Until such suspension of liquidation is resumed in
the companion CVD investigation, and so long as suspension of
liquidation continues under this antidumping duty investigation, the
cash deposit rates for this antidumping duty investigation will be the
rates identified in the estimated weighted-average dumping margin
column in the rate chart, above.
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 sales (or the
likelihood of sales) for importation of glycine from India 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, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
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 Investigation
IV. Scope of the Investigation
V. Adjustment for Countervailable Export Subsidies
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available to Kumar
Comment 2: Paras' Contributions for Corporate Social
Responsibility
[[Page 18489]]
Comment 3: Calculation of Paras' Short-term Interest Income
VIII. Recommendation
[FR Doc. 2019-08831 Filed 4-30-19; 8:45 am]
BILLING CODE 3510-DS-P
