Glycine From Thailand: Final Negative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 38007-38009 [2019-16662]

Download as PDF Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices Dated: July 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. whether the combining occurs in third countries. The scope also includes acetone that is commingled with acetone from sources not subject to this investigation. For combined and commingled products, only the acetone component is covered by the scope of this investigation. However, when acetone is combined with acetone components from sources not subject to this investigation, those third country acetone components may still be subject to other acetone investigations. Notwithstanding the foregoing language, an acetone combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the acetone can no longer be separated from the other products through a distillation process (e.g., methyl methacrylate (MMA) or Bisphenol A (BPA)), is excluded from this investigation. A combination or mixture is excluded from these investigations if the total acetone component (regardless of the source or sources) comprises less than 5 percent of the combination or mixture, on a dry weight basis. The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or mixtures of acetone may enter under subheadings in Chapter 38 of the HTSUS, including, but not limited to, those under heading 3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list of items found under these HTSUS subheadings is nonexhaustive. Although these 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 I Appendix II request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. jspears on DSK3GMQ082PROD with NOTICES Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Scope of the Investigation The merchandise covered by this investigation is all grades of liquid or aqueous acetone. Acetone is also known under the International Union of Pure and Applied Chemistry (IUPAC) name propan-2one. In addition to the IUPAC name, acetone is also referred to as +-ketopropane (or betaketopropane), ketone propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroacetic spirit. Acetone is an isomer of the chemical formula C3H6O, with a specific molecular formula of CH3COCH3 or (CH3)2CO. The scope covers both pure acetone (with or without impurities) and acetone that is combined or mixed with other products, including, but not limited to, isopropyl alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol. Acetone that has been combined with other products is included within the scope, regardless of VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference VII. All-Others Rate VIII. Verification IX. Conclusion [FR Doc. 2019–16661 Filed 8–2–19; 8:45 am] BILLING CODE 3510–DS–P PO 00000 38007 DEPARTMENT OF COMMERCE International Trade Administration [C–549–838] Glycine From Thailand: Final Negative Countervailing Duty Determination and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of glycine from Thailand. In addition, we determine that critical circumstances do not exist with respect to imports of the subject merchandise. The period of investigation (POI) is January 1, 2017 through December 31, 2017. DATES: Applicable August 5, 2019. FOR FURTHER INFORMATION CONTACT: George Ayache, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2623. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioners in this investigation are GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. (collectively, the petitioners). In addition to the Royal Thai Government (RTG), the mandatory respondent in this investigation is Newtrend Food Ingredient (Thailand) Co., Ltd. (Newtrend Thailand). The events that occurred since Commerce published the Preliminary Determination 1 are discussed 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 Commerce revised the deadline 1 See Glycine from Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 44861 (September 4, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Glycine from Thailand: Issues and Decision Memorandum for the Final Negative Determination of the Countervailing Duty Investigation,’’ 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 Continued Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1 38008 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices for the final determination in this investigation to April 24, 2019. On March 18, 2019, the petitioners submitted new factual information (NFI) on the record of this investigation, which included the notice of U.S. Customs and Border Protection’s (CBP’s) commencement of a formal investigation and imposition of interim measures (CBP Interim Measures) under Title IV, Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015 (also referred to as the Enforce and Protect Act or EAPA).4 Commerce accepted the NFI and provided interested parties with an opportunity to comment. On April 24, 2019, Commerce postponed until further notice the issuance of the final determination in this investigation, in order to further investigate this matter.5 We subsequently issued to Newtrend Thailand additional requests for sales and cost information relevant to this matter. Newtrend Thailand timely responded to these requests for information, and Commerce subsequently conducted verification of the additional information submitted. We invited interested parties to comment on the Preliminary Determination and on events that occurred since the publication of that determination. A detailed summary of the events that occurred in this investigation since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, can be found in the Issues and Decision Memorandum. Scope of the Investigation The product covered by this investigation is glycine from Thailand. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I of this notice. jspears on DSK3GMQ082PROD with NOTICES Scope Comments We invited parties to comment on Commerce’s Preliminary Scope Decision 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 Petitioners’ Letter, ‘‘Glycine from Thailand: Request to Accept U.S. Customs and Border Protection’s Interim Measures,’’ dated March 18, 2019. 5 See Memorandum from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance, ‘‘Postponement of the Final Determinations in the Less-Than-Fair Value and Countervailing Duty Investigations of Glycine from Thailand,’’ dated April 24, 2019. VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 Memorandum.6 Commerce reviewed the briefs submitted by interested parties, considered the arguments therein, and made no changes to the scope of the investigation. For further discussion, see Commerce’s Scope Comments Final Decision Memorandum.7 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum accompanying this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum also discusses the comments we received since the Preliminary Determination and Post-Preliminary Determination 8 regarding the subsidy rates calculated for the mandatory respondent and all other producers/exporters. 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, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. 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 of the subsidy programs 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.9 For a 6 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). 7 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. 8 See Memorandum, ‘‘Decision Memorandum for the Post-Preliminary Analysis in the Countervailing Duty Investigation of Glycine from Thailand,’’ dated February 21, 2019. 9 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, during November 2018 and June 2019, Commerce conducted verifications of the information reported by the RTG and Newtrend Thailand. We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by Newtrend Thailand.10 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, our verification findings, and the minor corrections presented at verification, we made no changes to the respondents’ subsidy rate calculations. For a discussion of the issues, see the Issues and Decision Memorandum. Final Negative Determination of Critical Circumstances In the Preliminary Determination, Commerce explained that a finding of critical circumstances is only relevant if, due to an affirmative preliminary or affirmative final determination, there is a suspension of liquidation.11 However, Commerce preliminarily determined that Newtrend Thailand did not receive any subsidies. Thus, Commerce issued a negative Preliminary Determination, did not suspend liquidation, and preliminarily found that critical circumstances did not exist.12 For this final determination, we find that Newtrend Thailand received a de minimis net subsidy rate and, thus, we have issued a negative final determination. Accordingly, we continue to find that critical circumstances do not exist. of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 10 For a discussion of our verification findings, see the following Memoranda,’’Verification of the Questionnaire Responses of the Royal Thai Government,’’ and ‘‘Verification of the Questionnaire Responses of Newtrend Food Ingredient (Thailand) Co., Ltd.,’’ both dated December 7, 2018; ‘‘Verification of the Questionnaire Response of Newtrend Food Ingredient (Thailand) Co., Ltd. in the Countervailing Investigation of Glycine from Thailand with Respect to the Transshipment Allegation,’’ and ‘‘2nd Verification of Cost Response of Newtrend Food Ingredient (Thailand) Co., Ltd. in the Countervailing Duty Investigation of Glycine from Thailand,’’ both dated June 20, 2019. 11 See Preliminary Determination PDM at 3. 12 See Preliminary Determination, 83 FR at 44862, and PDM at 3. E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices Final Determination In accordance with section 705(c)(l)(B)(i) of the Act, we calculated a rate for Newtrend Thailand, the sole producer/exporter of the subject merchandise under investigation. Commerce determines the total estimated net countervailable subsidy rate to be: Company Newtrend Food Ingredient (Thailand) Co., Ltd ............ Subsidy rate (percent) (de minimis) 0.06 Commerce has not calculated an allothers rate because it has not reached an affirmative final determination. In the Preliminary Determination, the total net countervailable subsidy rate for Newtrend Thailand was zero and, therefore, we did not suspend liquidation. With respect to the final determination, because the rate for Newtrend Thailand is de minimis, we are not directing CBP to suspend liquidation of entries of glycine from Thailand. Disclosure Commerce will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). International Trade Commission (ITC) Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its determination. As our final determination is negative, this proceeding is terminated. jspears on DSK3GMQ082PROD with NOTICES 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 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 the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 705(d) and 777(i) of the Act. VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 38009 Dated: July 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE Appendix I RIN 0648–XV017 Scope of the Investigation Pacific Fishery Management Council; Public Meeting 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 the 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 2922.49.4300. Sodium glycinate is classified in the HTSUS under 2922.49.8000. 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 the Investigation IV. Subsidies Valuation V. Analysis of Programs VI. Discussion of the Issues Comment 1: Whether to Apply Adverse Facts Available (AFA) to Newtrend Thailand for Third-Country Affiliates Disclosed at Verification Comment 2: Whether Bangkok Bank is an Authority Comment 3: Whether the Provision of Electricity for Less than Adequate Remuneration (LTAR) is Countervailable Comment 4: Whether Commerce Should Have Used Thai Electricity Export Prices as a Benchmark in the Provision of Electricity for LTAR Benefit Calculation Comment 5: Whether the Exemptions of Import Duty on Raw or Essential Materials Imported for Use in Production for Export (Investment Promotion Act (IPA) Section 36) Program is Countervailable Comment 6: Application of AFA Comment 7: CBP Interim Measures VII. Recommendation [FR Doc. 2019–16662 Filed 8–2–19; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting (webinar). AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Salmon Technical Team (STT) and Model Evaluation Workgroup (MEW) will hold a joint meeting. This meeting will be held via webinar and is open to the public. DATES: The webinar will be held Thursday, August 29 at 9 a.m. and will end when business for the day has been completed. ADDRESSES: A public listening station is available at the Pacific Council office (address below). To attend the webinar, use this link: https:// www.gotomeeting.com/ (click ‘‘Join’’ in top right corner of page). (1) Enter the Webinar ID: 565–431–373; (2) Enter your name and email address (required). You must use your telephone for the audio portion of the meeting by dialing this TOLL number: 1 (646) 749–3122; (3) Enter the Attendee phone audio access code: 565–431–373. Note: We have disabled Mic/Speakers as an option and require all participants to use a telephone or cell phone to participate. Technical Information and System Requirements: PC-based attendees are required to use Windows® 7, Vista, or XP; Mac®-based attendees are required to use Mac OS® X 10.5 or newer; Mobile attendees are required to use iPhone®, iPad®, AndroidTM phone or Android tablet (see https:// www.gotomeeting.com/webinar/ipadiphone-android-webinar-apps). You may send an email to Mr. Kris Kleinschmidt at Kris.Kleinschmidt@ noaa.gov or contact him at (503) 820– 2280, extension 411 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT: Robin Ehlke, Pacific Council; telephone: (503) 820–2410. SUPPLEMENTARY INFORMATION: Major topics include, but are not limited to Salmon related topics: Salmon SUMMARY: E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38007-38009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16662]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-838]


Glycine From Thailand: Final Negative Countervailing Duty 
Determination and Final Negative Critical Circumstances Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are not being provided to producers and 
exporters of glycine from Thailand. In addition, we determine that 
critical circumstances do not exist with respect to imports of the 
subject merchandise. The period of investigation (POI) is January 1, 
2017 through December 31, 2017.

DATES: Applicable August 5, 2019.

FOR FURTHER INFORMATION CONTACT: George Ayache, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2623.

SUPPLEMENTARY INFORMATION: 

Background

    The petitioners in this investigation are GEO Specialty Chemicals, 
Inc. and Chattem Chemicals, Inc. (collectively, the petitioners). In 
addition to the Royal Thai Government (RTG), the mandatory respondent 
in this investigation is Newtrend Food Ingredient (Thailand) Co., Ltd. 
(Newtrend Thailand).
    The events that occurred since Commerce published the Preliminary 
Determination \1\ are discussed in the Issues and Decision 
Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Glycine from Thailand: Preliminary Negative 
Countervailing Duty Determination, Preliminary Negative Critical 
Circumstances Determination, and Alignment of Final Determination 
with Final Antidumping Duty Determination, 83 FR 44861 (September 4, 
2018) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Glycine from Thailand: Issues and Decision 
Memorandum for the Final Negative Determination of the 
Countervailing Duty Investigation,'' 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\ Commerce revised 
the deadline

[[Page 38008]]

for the final determination in this investigation to 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.
---------------------------------------------------------------------------

    On March 18, 2019, the petitioners submitted new factual 
information (NFI) on the record of this investigation, which included 
the notice of U.S. Customs and Border Protection's (CBP's) commencement 
of a formal investigation and imposition of interim measures (CBP 
Interim Measures) under Title IV, Section 421 of the Trade Facilitation 
and Trade Enforcement Act of 2015 (also referred to as the Enforce and 
Protect Act or EAPA).\4\ Commerce accepted the NFI and provided 
interested parties with an opportunity to comment. On April 24, 2019, 
Commerce postponed until further notice the issuance of the final 
determination in this investigation, in order to further investigate 
this matter.\5\ We subsequently issued to Newtrend Thailand additional 
requests for sales and cost information relevant to this matter. 
Newtrend Thailand timely responded to these requests for information, 
and Commerce subsequently conducted verification of the additional 
information submitted.
---------------------------------------------------------------------------

    \4\ See Petitioners' Letter, ``Glycine from Thailand: Request to 
Accept U.S. Customs and Border Protection's Interim Measures,'' 
dated March 18, 2019.
    \5\ See Memorandum from Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Jeffrey I. Kessler, Assistant Secretary for Enforcement and 
Compliance, ``Postponement of the Final Determinations in the Less-
Than-Fair Value and Countervailing Duty Investigations of Glycine 
from Thailand,'' dated April 24, 2019.
---------------------------------------------------------------------------

    We invited interested parties to comment on the Preliminary 
Determination and on events that occurred since the publication of that 
determination. A detailed summary of the events that occurred in this 
investigation since Commerce published the Preliminary Determination, 
as well as a full discussion of the issues raised by parties for this 
final determination, can be found in the Issues and Decision 
Memorandum.

Scope of the Investigation

    The product covered by this investigation is glycine from Thailand. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    We invited parties to comment on Commerce's Preliminary Scope 
Decision Memorandum.\6\ Commerce reviewed the briefs submitted by 
interested parties, considered the arguments therein, and made no 
changes to the scope of the investigation. For further discussion, see 
Commerce's Scope Comments Final Decision Memorandum.\7\
---------------------------------------------------------------------------

    \6\ 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).
    \7\ 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 Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum accompanying this 
notice. A list of the issues addressed in the Issues and Decision 
Memorandum is attached to this notice at Appendix II. The Issues and 
Decision Memorandum also discusses the comments we received since the 
Preliminary Determination and Post-Preliminary Determination \8\ 
regarding the subsidy rates calculated for the mandatory respondent and 
all other producers/exporters. 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, and is available to all parties in the Central 
Records Unit, Room B8024 of the main 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.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for the Post-
Preliminary Analysis in the Countervailing Duty Investigation of 
Glycine from Thailand,'' dated February 21, 2019.
---------------------------------------------------------------------------

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs 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.\9\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \9\ 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, during November 2018 and 
June 2019, Commerce conducted verifications of the information reported 
by the RTG and Newtrend Thailand. We used standard verification 
procedures, including an examination of relevant accounting records and 
original source documents provided by Newtrend Thailand.\10\
---------------------------------------------------------------------------

    \10\ For a discussion of our verification findings, see the 
following Memoranda,''Verification of the Questionnaire Responses of 
the Royal Thai Government,'' and ``Verification of the Questionnaire 
Responses of Newtrend Food Ingredient (Thailand) Co., Ltd.,'' both 
dated December 7, 2018; ``Verification of the Questionnaire Response 
of Newtrend Food Ingredient (Thailand) Co., Ltd. in the 
Countervailing Investigation of Glycine from Thailand with Respect 
to the Transshipment Allegation,'' and ``2nd Verification of Cost 
Response of Newtrend Food Ingredient (Thailand) Co., Ltd. in the 
Countervailing Duty Investigation of Glycine from Thailand,'' both 
dated June 20, 2019.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, our verification findings, and the minor corrections presented 
at verification, we made no changes to the respondents' subsidy rate 
calculations. For a discussion of the issues, see the Issues and 
Decision Memorandum.

Final Negative Determination of Critical Circumstances

    In the Preliminary Determination, Commerce explained that a finding 
of critical circumstances is only relevant if, due to an affirmative 
preliminary or affirmative final determination, there is a suspension 
of liquidation.\11\ However, Commerce preliminarily determined that 
Newtrend Thailand did not receive any subsidies. Thus, Commerce issued 
a negative Preliminary Determination, did not suspend liquidation, and 
preliminarily found that critical circumstances did not exist.\12\
---------------------------------------------------------------------------

    \11\ See Preliminary Determination PDM at 3.
    \12\ See Preliminary Determination, 83 FR at 44862, and PDM at 
3.
---------------------------------------------------------------------------

    For this final determination, we find that Newtrend Thailand 
received a de minimis net subsidy rate and, thus, we have issued a 
negative final determination. Accordingly, we continue to find that 
critical circumstances do not exist.

[[Page 38009]]

Final Determination

    In accordance with section 705(c)(l)(B)(i) of the Act, we 
calculated a rate for Newtrend Thailand, the sole producer/exporter of 
the subject merchandise under investigation. Commerce determines the 
total estimated net countervailable subsidy rate to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                           (percent) (de
                                                             minimis)
------------------------------------------------------------------------
Newtrend Food Ingredient (Thailand) Co., Ltd...........            0.06
------------------------------------------------------------------------

    Commerce has not calculated an all-others rate because it has not 
reached an affirmative final determination. In the Preliminary 
Determination, the total net countervailable subsidy rate for Newtrend 
Thailand was zero and, therefore, we did not suspend liquidation. With 
respect to the final determination, because the rate for Newtrend 
Thailand is de minimis, we are not directing CBP to suspend liquidation 
of entries of glycine from Thailand.

Disclosure

    Commerce will disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its determination. As our final determination is negative, 
this proceeding is terminated.

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 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 705(d) and 777(i) of the Act.

    Dated: July 29, 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 the 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 2922.49.4300. Sodium glycinate is classified in 
the HTSUS under 2922.49.8000. 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 the Investigation
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available (AFA) to 
Newtrend Thailand for Third-Country Affiliates Disclosed at 
Verification
    Comment 2: Whether Bangkok Bank is an Authority
    Comment 3: Whether the Provision of Electricity for Less than 
Adequate Remuneration (LTAR) is Countervailable
    Comment 4: Whether Commerce Should Have Used Thai Electricity 
Export Prices as a Benchmark in the Provision of Electricity for 
LTAR Benefit Calculation
    Comment 5: Whether the Exemptions of Import Duty on Raw or 
Essential Materials Imported for Use in Production for Export 
(Investment Promotion Act (IPA) Section 36) Program is 
Countervailable
    Comment 6: Application of AFA
    Comment 7: CBP Interim Measures
VII. Recommendation

[FR Doc. 2019-16662 Filed 8-2-19; 8:45 am]
 BILLING CODE 3510-DS-P

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