Glycine From India and Japan: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders, 29170-29172 [2019-13362]
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29170
Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
specifications before importation. Steel
propane cylinders range from 2.5 pound
nominal gas capacity (approximate 6 pound
water capacity and approximate 4–6 pound
tare weight) to 42 pound nominal gas
capacity (approximate 100 pound water
capacity and approximate 28–32 pound tare
weight). Steel propane cylinders have two or
fewer ports and may be imported assembled
or unassembled (i.e., welded or brazed before
or after importation), with or without all
components (including collars, valves,
gauges, tanks, foot rings, and overfill
prevention devices), and coated or uncoated.
Also included within the scope are drawn
cylinder halves, unfinished propane
cylinders, collars, and foot rings for steel
propane cylinders.
An ‘‘unfinished’’ or ‘‘unassembled’’
propane cylinder includes drawn cylinder
halves that have not been welded into a
cylinder, cylinders that have not had flanges
welded into the port hole(s), cylinders that
are otherwise complete but have not had
collars or foot rings welded to them,
otherwise complete cylinders without a valve
assembly attached, and cylinders that are
otherwise complete except for testing,
certification, and/or marking.
This investigation also covers steel
propane cylinders that meet, are produced to
meet, or are certified as meeting, other U.S.
or Canadian government, international, or
industry standards (including, for example,
American Society of Mechanical Engineers
(ASME), or American National Standard
Institute (ANSI)), if they also meet, are
produced to meet, or are certified as meeting
USDOT Specification 4B, 4BA, or 4BW, or
Transport Canada Specification 4BM, 4BAM,
or 4BWM, or a United Nations pressure
receptacle standard ISO 4706.
Subject merchandise also includes steel
propane cylinders that have been further
processed in a third country, including but
not limited to, attachment of collars, foot
rings, or handles by welding or brazing, heat
treatment, painting, testing, certification, or
any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the in-scope steel
propane cylinders.
Specifically excluded are seamless steel
propane cylinders and propane cylinders
made from stainless steel (i.e., steel
containing at least 10.5 percent chromium by
weight and less than 1.2 percent carbon by
weight), aluminum, or composite fiber
material. Composite fiber material is material
consisting of the mechanical combination of
two components: Fiber (typically glass,
carbon, or aramid (synthetic polymer)) and a
matrix material (typically polymer resin,
ceramic, or metallic).
The merchandise subject to this
investigation is properly classified under
statistical reporting numbers 7311.00.0060
and 7311.00.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS statistical reporting
numbers are provided for convenience and
customs purposes, the written description of
the merchandise is dispositive.
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Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Nominal Gas Capacity
(CAPACITY) vs. Sahamitr Pressure
Container Public Company Limited’s
(SMPC’s) Water-Converted Gas Capacity
Comment 2: Zinc Coating as a Separate
Product Characteristic
Comment 3: Tare Weight Basis
Comment 4: Numeric Coding for Product
Characteristics VALVE and VALVETYPE
Comment 5: Identity of Certain U.S.
Customers for Differential Pricing
Analysis
Comment 6: Deletion of a U.S. Sale and All
Sales With a CAPACITY Code of 250
Comment 7: Whether Commerce Should
Apply Adverse Facts Available (AFA) for
SMPC’s Home Market Credit Expenses
Comment 8: Whether SMPC’s Method for
Reporting its Cost Data Warrants
Application of Total AFA
Comment 8(a): Whether SMPC Withheld
Information Regarding the Availability of
a Certain Production Metric Used to
Allocate Conversion Costs and Relied
Instead on Data from 2010
Comment 8(b): Whether SMPC Failed to
Report Control Number (CONNUM)Specific Costs
Comment 9: Whether SMPC’s
Manufacturing Costs are Understated
Comment 10: SMPC’s Scrap Offset
VI. Recommendation
[FR Doc. 2019–13253 Filed 6–20–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–883, A–588–878]
Glycine From India and Japan:
Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on glycine from India and Japan.
In addition, Commerce is amending its
final affirmative determination on
glycine from India.
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman at (202) 482–3931 or
Kent Boydston at (202) 482–5649
AGENCY:
PO 00000
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(India), or John McGowan at (202) 482–
3019 (Japan), AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), Commerce published its
affirmative final determinations in the
less-than-fair-value investigations of
glycine from India and Japan on May 1,
2019.1 On June 14, 2019, the ITC
notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of the less-than-fair-value
imports of glycine from India and
Japan.2
Scope of the Orders
The merchandise covered by these
orders is glycine from India and Japan.
For a complete description of the scope
of the orders, see the Appendix to this
notice.
Amendment to Final Determination
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.3
Pursuant to sections 735(e) of the Act
and 19 CFR 351.224(e) and (f),
Commerce is amending the India Final
Determination to reflect the correction
of two ministerial errors in the final
estimated weighted-average dumping
margin calculated for Kumar Industries,
India (Kumar). In addition, because
Kumar’s estimated weighted-average
dumping margin is the basis for the
estimated weighted-average dumping
margin determined for all other Indian
producers and exporters of subject
merchandise, we also are revising the
‘‘all-others’’ rate in the India Final
1 See Glycine from India: Final Determination of
Sales at Less Than Fair Value, 84 FR 18487 (May
1, 2019) (India Final Determination); see also
Glycine from Japan: Final Determination of Sales at
Less Than Fair Value, 84 FR 18484 (May 1, 2019).
2 See section 735(d) of the Act (requiring
notification); see also ITC Letter dated June 14, 2019
(ITC Letter).
3 See section 735(e) of the Act and 19 CFR
351.224(f).
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Determination.4 The amended estimated
weighted-average dumping margins are
listed in the Suspension of Liquidation
section below.
Antidumping Duty Orders
On June 14, 2019, in accordance with
sections 735(b)(1)(A)(i) and 735(d) of the
Act, the ITC notified Commerce of its
final determinations that an industry in
the United States is materially injured
by reason of imports of glycine from
India and Japan.5 Therefore, in
accordance with sections 735(c)(2) and
736 of the Act, we are issuing these
antidumping duty orders. Because the
ITC determined that imports of glycine
from India and Japan are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from India
and Japan, entered or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties.
As a result of the ITC’s final
affirmative determinations, in
accordance with section 736(a)(1) of the
Act, Commerce will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by Commerce,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price or
constructed export price of the
merchandise, for all relevant entries of
glycine from India and Japan. In the
case of entries from India, the
antidumping duties will be adjusted for
export subsidies found in the final
determination of the companion
countervailing duty investigation.6
Antidumping duties will be assessed on
unliquidated entries of glycine from
India and Japan entered, or withdrawn
from warehouse, for consumption on or
after October 31, 2018, the date of
publication of the Preliminary
Determinations, 7 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication in the Federal
Register of the ITC’s injury
determination, as further described
below.
from India and Japan), effective the date
of publication of the ITC final
determination in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
736(a)(1) of the Act, antidumping duties
for each entry of the subject
merchandise equal to the amount by
which the normal value of the
merchandise exceeds the export price or
constructed export price of the
merchandise, adjusted by the amount of
export subsidies, where appropriate. We
intend to instruct CBP to require, at the
same time as importers would normally
deposit estimated import duties on this
merchandise, cash deposits for each
entry of subject merchandise equal to
the rates noted below. These
instructions suspending liquidation will
remain in effect until further notice. The
all-others rates apply to all other
producers or exporters not specifically
listed.
Suspension of Liquidation
Estimated Weighted-Average Dumping
Margins
In accordance with section 736 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
of subject merchandise (i.e., glycine
The estimated weighted-average
dumping margins for each antidumping
duty order are as follows:
Estimated weightedaverage dumping
margin
(percent)
Exporter/producer
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
India
Kumar Industries, India ........................................................................................................................
Paras Intermediates Private Limited ...................................................................................................
All Others .............................................................................................................................................
13.61
10.86
12.24
6.62
9 7.23
53.66
86.22
53.66
NA
NA
NA
8 7.83
Japan
Yuki Gosei Kogyo Co., Ltd ..................................................................................................................
Showa Denko K.K ...............................................................................................................................
All Others .............................................................................................................................................
NA = Not Applicable.
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Provisional Measures
Section 733(d) of the Act 8 9 states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
six months. Commerce published its
affirmative Preliminary Determinations
on October 31, 2018. Therefore, the sixmonth period beginning on the date of
publication of the Preliminary
Determinations ended on April 28,
2019. Pursuant to section 737(b) of the
Act, the collection of cash deposits at
4 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Glycine from India: Allegations of
Ministerial Errors in the Final Determination,’’
dated May 29, 2019 (Ministerial Error
Memorandum).
5 See ITC Letter.
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the rates listed above will begin on the
date of publication of the ITC’s final
injury determination in the Federal
Register.
Therefore, in accordance with section
733(d) of the Act, Commerce instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to countervailing duties,
unliquidated entries of glycine from
India and Japan entered, or withdrawn
from warehouse, for consumption after
April 28, 2019, the date on which the
provisional measures expired, through
6 See
India Final Determination, 84 FR at 18488.
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); Glycine from Japan: Preliminary
7 See
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the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation will
resume on the date of publication of the
ITC’s final affirmative injury
determinations in the Federal Register.
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
glycine from India and Japan pursuant
to section 736(a) of the Act. Interested
parties can find a list of antidumping
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 83 FR 54718
(October 31, 2018) (collectively, Preliminary
Determinations).
8 See India Final Determination, 84 FR at 18488.
9 Id.; see Ministerial Error Memorandum at 4.
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are published in
accordance with section and 736(a) of
the Act and 19 CFR 351.211(b).
Dated: June 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Orders
The merchandise covered by these orders
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 these
orders 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 these orders is dispositive.
[FR Doc. 2019–13362 Filed 6–20–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Partial Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding, in part, the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam (Vietnam)
for the period February 1, 2018, through
January 31, 2019.
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
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On May 2, 2019, based on timely
requests for review for 107 companies
by the Ad Hoc Shrimp Trade Action
Committee (the petitioner),1 185
companies by the American Shrimp
Processors Association (ASPA),2 and
various Vietnamese companies,3
Commerce published in the Federal
Register a notice of initiation of an
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from Vietnam
covering the period February 1, 2018,
through January 31, 2019.4
On May 31, 2019, Commerce
published in the Federal Register a
notice of rescission, in part, wherein
Commerce rescinded the administrative
review for 40 companies, based on
timely-filed withdrawals of review
requests from the petitioner, ASPA, and
certain Vietnamese companies.5
On May 30, 2019, and May 31, 2019,
the petitioner and ASPA withdrew their
respective review requests, in part, for
an additional five Vietnamese exporters
initiated for review.6 On May 30, 2019,
Quoc Viet Seaproducts Processing Trade
and Import-Export Co., Ltd. withdrew
its review requests.7 On May 31, 2019,
Soc Trang Seafood Joint Stock Company
1 See
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
SUPPLEMENTARY INFORMATION:
Background
Appendix
AGENCY:
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
the Petitioner’s Request for Administrative
Review, dated February 27, 2019.
2 See ASPA’s Request for Administrative Review,
dated February 27, 2019.
3 See, e.g., VASEP’s submission, ‘‘Request for
Administrative Review (02/01/18–01/31/19),’’ dated
February 26, 2019; Soc Trang Seafood Seafood Joint
Stock Company’s ‘‘Request for Review,’’ dated
February 11, 2019.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Initiation Notice).
5 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Partial Rescission of
Antidumping Duty Administrative Review; 2018–
2019, 84 FR 25238 (May 31, 2019).
6 See the Petitioner’s Submission, ‘‘Domestic
Producers’ Partial Withdrawal of Review Requests,’’
dated May 30, 2019; ASPA’s Submissions, ‘‘Partial
Withdrawal of Review Requests,’’ and ‘‘Corrections
to Partial Withdrawal of Review Requests,’’ both
dated May 31, 2019. Of these five companies, only
two of them had also requested an administrative
review; thus, three of these companies had only
been requested for review by the petitioner and
ASPA (Bien Dong Seafood Co., Ltd.; NGO BROS
Seaproducts Import-Export One Member Company
Limited; and Seavina Joint Stock Company).
7 See Quoc Viet Seaproducts Processing Trade
and Import-Export Co., Ltd. Submission,
‘‘Withdrawal of Review Request,’’ dated May 30,
2019.
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withdrew its review request.8 On June 6,
2019, the petitioner and ASPA
withdrew their respective review
requests for an additional three
companies.9
All interested parties that withdrew
their requests for review of companies
also included those companies’ name
variations, as listed in the Initiation
Notice and the attached Appendix. All
review requests for the company names
listed in the Appendix have been
withdrawn; no other party requested a
review of these exporters.
Two additional companies withdrew
their review requests on May 30, 2019.10
However, because the petitioner and
ASPA did not withdraw their respective
review requests for these two
companies, the two companies remain
under active review.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review.
Because the petitioner, ASPA, and the
individual companies all withdrew their
requests for administrative review
within 90 days of the date of publication
of the Initiation Notice, and no other
interested party requested a review of
these companies, Commerce is
rescinding this review with respect to
the companies identified in the
Appendix, in accordance with 19 CFR
351.213(d)(1).
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period
February 1, 2018, through January 31,
8 See Soc Trang Seafood Joint Stock Company
Submission, ‘‘Withdrawal of Request for
Administrative Review,’’ dated May 31, 2019.
9 See the Petitioner’s Submission, ‘‘Domestic
Producers’ Partial Withdrawal of Review Requests,’’
dated June 6, 2019; see also ASPA’s Submission,
‘‘Partial Withdrawal of Review Requests,’’ dated
June 6, 2019. All three companies withdrawn had
only been requested for review by the petitioner
and ASPA; thus, no other review requests remain
on the record for Au Vung One Seafood Processing
Import & Export Joint Stock Company, Au Vung
Two Seafood Processing Import & Export Joint
Stock Company, and Thanh Doan Sea Products
Import & Export Processing Joint Stock Company.
10 See Cadovimex Seafood Import-Export &
Processing Joint-Stock Company and Trong Nhan
Seafood Company Limited’s Submission,
‘‘Withdrawal of Entry of Appearance and Review
Request,’’ dated May 30, 2019.
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Agencies
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29170-29172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13362]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883, A-588-878]
Glycine From India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on glycine from India and
Japan. In addition, Commerce is amending its final affirmative
determination on glycine from India.
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT: Edythe Artman at (202) 482-3931 or
Kent Boydston at (202) 482-5649 (India), or John McGowan at (202) 482-
3019 (Japan), AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), Commerce
published its affirmative final determinations in the less-than-fair-
value investigations of glycine from India and Japan on May 1, 2019.\1\
On June 14, 2019, the ITC notified Commerce of its final affirmative
determinations that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by
reason of the less-than-fair-value imports of glycine from India and
Japan.\2\
---------------------------------------------------------------------------
\1\ See Glycine from India: Final Determination of Sales at Less
Than Fair Value, 84 FR 18487 (May 1, 2019) (India Final
Determination); see also Glycine from Japan: Final Determination of
Sales at Less Than Fair Value, 84 FR 18484 (May 1, 2019).
\2\ See section 735(d) of the Act (requiring notification); see
also ITC Letter dated June 14, 2019 (ITC Letter).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is glycine from India and
Japan. For a complete description of the scope of the orders, see the
Appendix to this notice.
Amendment to Final Determination
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\3\
---------------------------------------------------------------------------
\3\ See section 735(e) of the Act and 19 CFR 351.224(f).
---------------------------------------------------------------------------
Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the India Final Determination to reflect the
correction of two ministerial errors in the final estimated weighted-
average dumping margin calculated for Kumar Industries, India (Kumar).
In addition, because Kumar's estimated weighted-average dumping margin
is the basis for the estimated weighted-average dumping margin
determined for all other Indian producers and exporters of subject
merchandise, we also are revising the ``all-others'' rate in the India
Final
[[Page 29171]]
Determination.\4\ The amended estimated weighted-average dumping
margins are listed in the Suspension of Liquidation section below.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Glycine from India: Allegations of Ministerial Errors in the Final
Determination,'' dated May 29, 2019 (Ministerial Error Memorandum).
---------------------------------------------------------------------------
Antidumping Duty Orders
On June 14, 2019, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of glycine from India and Japan.\5\
Therefore, in accordance with sections 735(c)(2) and 736 of the Act, we
are issuing these antidumping duty orders. Because the ITC determined
that imports of glycine from India and Japan are materially injuring a
U.S. industry, unliquidated entries of such merchandise from India and
Japan, entered or withdrawn from warehouse for consumption, are subject
to the assessment of antidumping duties.
---------------------------------------------------------------------------
\5\ See ITC Letter.
---------------------------------------------------------------------------
As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise, for all relevant entries of glycine from
India and Japan. In the case of entries from India, the antidumping
duties will be adjusted for export subsidies found in the final
determination of the companion countervailing duty investigation.\6\
Antidumping duties will be assessed on unliquidated entries of glycine
from India and Japan entered, or withdrawn from warehouse, for
consumption on or after October 31, 2018, the date of publication of
the Preliminary Determinations, \7\ but will not include entries
occurring after the expiration of the provisional measures period and
before publication in the Federal Register of the ITC's injury
determination, as further described below.
---------------------------------------------------------------------------
\6\ See India Final Determination, 84 FR at 18488.
\7\ 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); Glycine from Japan: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 83 FR 54718 (October 31, 2018) (collectively,
Preliminary Determinations).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., glycine from India and Japan), effective the date of publication
of the ITC final determination in the Federal Register, and to assess,
upon further instruction by Commerce pursuant to section 736(a)(1) of
the Act, antidumping duties for each entry of the subject merchandise
equal to the amount by which the normal value of the merchandise
exceeds the export price or constructed export price of the
merchandise, adjusted by the amount of export subsidies, where
appropriate. We intend to instruct CBP to require, at the same time as
importers would normally deposit estimated import duties on this
merchandise, cash deposits for each entry of subject merchandise equal
to the rates noted below. These instructions suspending liquidation
will remain in effect until further notice. The all-others rates apply
to all other producers or exporters not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
duty order are as follows:
------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offsets)
margin (percent) (percent)
------------------------------------------------------------------------
India
------------------------------------------------------------------------
Kumar Industries, India....... 13.61 6.62
Paras Intermediates Private 10.86 \8\ 7.83
Limited......................
All Others.................... 12.24 \9\ 7.23
------------------------------------------------------------------------
Japan
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd..... 53.66 NA
Showa Denko K.K............... 86.22 NA
All Others.................... 53.66 NA
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NA = Not Applicable.
Provisional Measures
Section 733(d) of the Act 8 9 states that suspension of
liquidation pursuant to an affirmative preliminary determination may
not remain in effect for more than six months. Commerce published its
affirmative Preliminary Determinations on October 31, 2018. Therefore,
the six-month period beginning on the date of publication of the
Preliminary Determinations ended on April 28, 2019. Pursuant to section
737(b) of the Act, the collection of cash deposits at the rates listed
above will begin on the date of publication of the ITC's final injury
determination in the Federal Register.
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\8\ See India Final Determination, 84 FR at 18488.
\9\ Id.; see Ministerial Error Memorandum at 4.
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Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of glycine from India and Japan entered, or withdrawn from
warehouse, for consumption after April 28, 2019, the date on which the
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
glycine from India and Japan pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping
[[Page 29172]]
duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section and 736(a) of
the Act and 19 CFR 351.211(b).
Dated: June 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these orders is dispositive.
[FR Doc. 2019-13362 Filed 6-20-19; 8:45 am]
BILLING CODE 3510-DS-P