Glycine From Thailand: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part, 37998-38001 [2019-16663]

Download as PDF 37998 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.59 Parties must use the certification formats provided in 19 CFR 351.303(g).60 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: July 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Investigations jspears on DSK3GMQ082PROD with NOTICES The merchandise covered by these investigations consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Further, excluded from the scope of the antidumping duty investigations are any products covered by the existing antidumping duty order on utility scale wind towers from the Socialist Republic of Vietnam. See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 15, 2013). Merchandise covered by these investigations is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive. [FR Doc. 2019–16655 Filed 8–2–19; 8:45 am] BILLING CODE 3510–DS–P 59 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 60 See VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–549–837] Glycine From Thailand: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that glycine from Thailand is being, or is likely to be, sold in the United States at less than fair value (LTFV). In addition, Commerce determines that critical circumstances exist with respect to certain imports of the subject merchandise. The period of investigation (POI) is January 1, 2017 through December 31, 2017. The final estimated weighted-average dumping margins are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Applicable August 5, 2019. FOR FURTHER INFORMATION CONTACT: Brian Smith or Jesus Saenz, AD/CVD, 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) 482–1766 or (202) 482–8184, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioners in this investigation are GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. (collectively, the petitioners). 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 on October 31, 2018 and postponed the final determination until March 15, 2019 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 1 See Glycine from Thailand Preliminary Determination of Sales at Not Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, 83 FR 54717 (October 31, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Less-Than-Fair-Value Investigation of Glycine from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices December 22, 2018 through the resumption of operations on January 29, 2019.3 Commerce revised the deadline for the final determination in this investigation to April 24, 2019. On March 19, 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 jspears on DSK3GMQ082PROD with NOTICES 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 3 See Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Petitioners’ Letter, ‘‘Glycine from Thailand: Request to Accept U.S. Customs and Border Protection’s Interim Measures,’’ dated March 19, 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 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 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. 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 it is available to all parties in the Central Records Unit, Room B–8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/ index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), from November to December 2018 and during June 2019, Commerce conducted verifications of Newtrend Thailand’s sales and cost information. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Newtrend Thailand.8 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 (Scope Comments Final Decision Memorandum). 8 For a discussion of our verification findings, see ‘‘U.S. Verification of the Sales Response of Newtrend Food Ingredient (Thailand) Co., Ltd. in the Antidumping Investigation of Glycine from Thailand,’’ dated March 14, 2019; ‘‘Home Market Verification of the Sales Response of Newtrend Food Ingredient (Thailand) Co., Ltd. in the Antidumping Investigation of Glycine from Thailand’’ and ‘‘Verification of Cost Response of PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 37999 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties and our verification findings, we find that facts available with an adverse inference is warranted for Newtrend Thailand in the final determination in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see ‘‘Use of Adverse Facts Available’’ section below and the Issues and Decision Memorandum. Use of Adverse Facts Available Newtrend Thailand, the sole mandatory respondent, failed to provide critical information in determining its cost of production of glycine during the POI, rendering its reported costs unreliable and unusable for purposes of calculating an accurate estimated weighted-average dumping margin. Therefore, pursuant to section 776(a) and (b) of the Act, we find that the application of facts available with an adverse inference is warranted with respect to Newtrend Thailand in the final determination. In applying total adverse facts available (AFA), Commerce has determined that Newtrend Thailand’s estimated weighted-average dumping margin is 227.17 percent, which is the highest dumping margin alleged in the Petition, as supplemented on April 9, 2018, and will apply this margin to its exports of glycine to the United States.9 For further discussion, see the Issues and Decision Memorandum at Comment 1. All-Others Rate Section 735(c)(5)(A) of the Act provides that Commerce estimate the weighted-average dumping margin for all other producers or exporters equal to the weighted average of the estimated weighted-average dumping margins of those companies individually examined, excluding any rates that are zero, de minimis, or based entirely on facts available pursuant to section 776 of the Act. Section 735(c)(5)(B) of the Newtrend Food Ingredient (Thailand) Co., Ltd. in the Antidumping Duty Investigation of Glycine from Thailand’’ both dated March 15, 2019; and ‘‘Verification of the Questionnaire Response of Newtrend Food Ingredient (Thailand) Co., Ltd. in the Antidumping 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 Antidumping Duty Investigation of Glycine from Thailand,’’ both dated June 20, 2019. 9 See Petitioners’ Letter, ‘‘Glycine from Thailand: Petition for the Imposition of Antidumping Duties,’’ dated March 28, 2018 (Petition); and Petitioners’ Letter, ‘‘Glycine from Thailand: Responses to Second Supplemental Questionnaire,’’ dated April 9, 2018 (Thailand AD Second Petition Supplement), at Exhibit TA–2S5. E:\FR\FM\05AUN1.SGM 05AUN1 38000 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices Act provides that when, as here, each of the estimated weighted-average dumping margins established for all exporters or producers individually examined are zero, de minimis, or based entirely on facts available, Commerce may use any reasonable method to establish the rate for all other exporters or producers. In such a situation, Commerce’s practice has been to determine the estimated weightedaverage dumping margin for all other producers or exporters as the simple average of the dumping margins alleged in the Petition,10 which we have done for this final determination.11 jspears on DSK3GMQ082PROD with NOTICES Final Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, we preliminarily determined that critical circumstances did not exist with respect to imports of glycine because that subject merchandise was not being, or was not likely to be, sold in the United States at LTFV.12 However, in this final determination, in accordance with section 735(a)(3) and 19 CFR 351.206, we find that critical circumstances exist with respect to subject merchandise produced or exported by Newtrend Thailand, but do not exist with respect to all other producers or exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, in this investigation, Commerce applied AFA to the sole respondent, Newtrend Thailand, in accordance with section 776 of the Act, the applied AFA rate is based solely on the Petition, and the all-others rate is a simple average of the Petition rates.13 Therefore, there are no margin calculations to disclose. Suspension of Liquidation In accordance with section 735(c)(1)(B) and (C) of the Act, for this final determination, we will direct CBP to suspend liquidation of all entries of glycine from Thailand, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after the date of publication in the Federal Register of this notice. Section 735(c)(4)(C) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which the suspension of Final Determination liquidation was first ordered. For entries made by Newtrend The final estimated weighted-average Thailand, in accordance with section dumping margins are as follows: 735(c)(4)(C) of the Act, because we find that critical circumstances exist, we will Estimated weightedinstruct CBP to suspend liquidation of average all appropriate entries of glycine from Exporter or producer dumping Thailand which were entered, or margin withdrawn from warehouse, for (percent) consumption on or after the date which Newtrend Food Ingredient is 90 days prior to the date of (Thailand) Co., Ltd ............ 227.17 publication of this notice. For entries All Others .............................. 201.59 made by companies covered by the allothers rate, because we find that critical 10 See, e.g., Silicon Metal From Australia: circumstances do not exist, we will not Affirmative Final Determination of Sales at Less give CBP such instructions. Than Fair Value and Final Affirmative Further, pursuant to section Determination of Critical Circumstances in Part, 83 735(c)(1)(B)(ii) of the Act and 19 CFR FR 9839, 9840 (March 8, 2018); Certain Uncoated 351.210(d), Commerce will instruct CBP Paper from Australia: Final Determination of Sales at Less Than Fair Value and Affirmative Final to require a cash deposit equal to the Determination of Critical Circumstances, In Part, 81 estimated weighted-average dumping FR 3108 (January 20, 2016); and Notice of margin as follows: (1) The cash deposit Preliminary Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and rate for Newtrend Thailand will be Tube from Turkey, 73 FR 5508 (January 30, 2008), equal to the (estimated) weightedunchanged in Notice of Final Determination of average dumping margin determined in Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 FR 19814 (April 11, 2008). 11 See Petition; Thailand AD Second Petition Supplement, at Exhibit TA–2S5. 12 See Preliminary Determination, 83 FR at 54717, and accompanying PDM at 16. VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 13 See Glycine from India, Japan, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 83 FR 17995 (April 17, 2018), and accompanying Antidumping Duty Investigation Initiation Checklist: Glycine from Thailand, at 13. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific (estimated) weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers or exporters will be equal to the all-others (estimated) weighted-average dumping margin determined in this final determination. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. In the concurrent CVD investigation of glycine from Thailand, however, Commerce did not make an affirmative determination for countervailable export subsidies. Therefore, Commerce has not offset the estimated weighted-average dumping margins by countervailable export subsidies. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination 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 Thailand no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will 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 ‘‘Suspension of Liquidation’’ section. Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices 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. DEPARTMENT OF COMMERCE Notification to Interested Parties AGENCY: This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). 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 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. jspears on DSK3GMQ082PROD with NOTICES Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Margin Calculations V. Adjustment for Countervailable Export Subsidies VI. Affirmative Determination of Critical Circumstances VII. Discussion of the Issues Comment 1 Application of Adverse Facts Available (AFA) Comment 2 CBP Interim Measures VIII. Recommendation [FR Doc. 2019–16663 Filed 8–2–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 International Trade Administration [A–588–869] Diffusion-Annealed Nickel-Plated FlatRolled Steel Products From Japan: Final Results of the Expedited First Five-Year Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order on diffusionannealed nickel-plated flat-rolled steel products from Japan would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable August 5, 2019. FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4798. SUPPLEMENTARY INFORMATION: Background On May 29, 2014, Commerce published its antidumping duty order on diffusion-annealed nickel-plated flatrolled steel products from Japan in the Federal Register.1 On April 1, 2019, Commerce published the notice of initiation of the first sunset review of the antidumping duty order on diffusion-annealed nickel-plated flatrolled steel products from Japan,2 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 Commerce received a notice of intent to participate from Thomas Steel Strip Corporation (Thomas), within the deadline specified in 19 CFR 351.218(d)(1)(i).4 Thomas claimed 1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 2014) (Order). 2 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 2014) (Order). Consistent with the Final Determination, we applied the following weighted-average dumping margins for the two mandatory respondents, one of which was based entirely on adverse facts available: (1) Toyo Kohan Co., Ltd., 45.42 percent; and (2) Nippon Steel & Sumitomo Metal Corporation, 77.70 percent. The All Others dumping margin was established as 45.42 percent. Id. at 30817. 3 See Initiation of Five-Year (Sunset) Review, 84 FR 12227 (April 1, 2019) (Initiation). 4 See Thomas’ Letter, ‘‘Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 38001 interested party status under section 771(9)(C) of the Act, as a domestic producer of diffusion-annealed nickelplated flat-rolled steel products. Commerce received a substantive response from Thomas 5 within the 30day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive response from any other domestic or interested parties in this proceeding, nor was a hearing requested. On May 24, 2019, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this antidumping duty order. Scope of the Order The diffusion-annealed, nickel-plated flat-rolled steel products included in this order are flat-rolled, cold-reduced steel products, regardless of chemistry; whether or not in coils; either plated or coated with nickel or nickel-based alloys and subsequently annealed (i.e., ‘‘diffusion-annealed’’); whether or not painted, varnished or coated with plastics or other metallic or nonmetallic substances; and less than or equal to 2.0 mm in nominal thickness. For purposes of this order, ‘‘nickel-based alloys’’ include all nickel alloys with other metals in which nickel accounts for at least 80 percent of the alloy by volume. Imports of merchandise included in the scope of this order are classified primarily under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000, 7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. For a complete description of the scope of the Order, Japan: Notice of Intent to Participate,’’ dated April 16, 2019. 5 See Thomas’ Letter, ‘‘Diffusion-Annealed, Nickel-Plated Flat Steel Products from Japan: Thomas’s Substantive Response to the Notice of Initiation of Five-Year (Sunset) Review of Antidumping Duty Order,’’ dated May 1, 2019. 6 See Commerce Letter, ‘‘Sunset Review Initiated on April 1, 2019,’’ dated May 24, 2019. E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 37998-38001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16663]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-837]


Glycine From Thailand: Final Determination of Sales at Less Than 
Fair Value and Final Affirmative Determination of Critical 
Circumstances in Part

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

SUMMARY: The Department of Commerce (Commerce) determines that glycine 
from Thailand is being, or is likely to be, sold in the United States 
at less than fair value (LTFV). In addition, Commerce determines that 
critical circumstances exist with respect to certain imports of the 
subject merchandise. The period of investigation (POI) is January 1, 
2017 through December 31, 2017. The final estimated weighted-average 
dumping margins are listed below in the ``Final Determination'' section 
of this notice.

DATES: Applicable August 5, 2019.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Jesus Saenz, AD/CVD, 
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) 482-1766 
or (202) 482-8184, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The petitioners in this investigation are GEO Specialty Chemicals, 
Inc. and Chattem Chemicals, Inc. (collectively, the petitioners). 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\ on October 31, 2018 and postponed the final 
determination until March 15, 2019 are discussed in the Issues and 
Decision Memorandum.\2\
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    \1\ See Glycine from Thailand Preliminary Determination of Sales 
at Not Less Than Fair Value, Preliminary Negative Determination of 
Critical Circumstances, Postponement of Final Determination, 83 FR 
54717 (October 31, 2018) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Less-Than-Fair-Value Investigation of 
Glycine from Thailand,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from

[[Page 37999]]

December 22, 2018 through the resumption of operations on January 29, 
2019.\3\ Commerce revised the deadline for the final determination in 
this investigation to April 24, 2019.
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    \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.
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    On March 19, 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.
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    \4\ See Petitioners' Letter, ``Glycine from Thailand: Request to 
Accept U.S. Customs and Border Protection's Interim Measures,'' 
dated March 19, 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.
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    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\
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    \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 (Scope Comments 
Final Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties in this investigation are addressed in the Issues and Decision 
Memorandum. A list of the issues addressed in the Issues and Decision 
Memorandum is attached to this notice as Appendix II. 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 it is available to 
all parties in the Central Records Unit, Room B-8024 of the main 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), from November to December 2018 and during June 2019, 
Commerce conducted verifications of Newtrend Thailand's sales and cost 
information. We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by Newtrend Thailand.\8\
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    \8\ For a discussion of our verification findings, see ``U.S. 
Verification of the Sales Response of Newtrend Food Ingredient 
(Thailand) Co., Ltd. in the Antidumping Investigation of Glycine 
from Thailand,'' dated March 14, 2019; ``Home Market Verification of 
the Sales Response of Newtrend Food Ingredient (Thailand) Co., Ltd. 
in the Antidumping Investigation of Glycine from Thailand'' and 
``Verification of Cost Response of Newtrend Food Ingredient 
(Thailand) Co., Ltd. in the Antidumping Duty Investigation of 
Glycine from Thailand'' both dated March 15, 2019; and 
``Verification of the Questionnaire Response of Newtrend Food 
Ingredient (Thailand) Co., Ltd. in the Antidumping 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 Antidumping Duty Investigation of 
Glycine from Thailand,'' both dated June 20, 2019.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties and our verification findings, we find that facts available 
with an adverse inference is warranted for Newtrend Thailand in the 
final determination in accordance with sections 776(a) and (b) of the 
Act and 19 CFR 351.308. For further discussion, see ``Use of Adverse 
Facts Available'' section below and the Issues and Decision Memorandum.

Use of Adverse Facts Available

    Newtrend Thailand, the sole mandatory respondent, failed to provide 
critical information in determining its cost of production of glycine 
during the POI, rendering its reported costs unreliable and unusable 
for purposes of calculating an accurate estimated weighted-average 
dumping margin. Therefore, pursuant to section 776(a) and (b) of the 
Act, we find that the application of facts available with an adverse 
inference is warranted with respect to Newtrend Thailand in the final 
determination. In applying total adverse facts available (AFA), 
Commerce has determined that Newtrend Thailand's estimated weighted-
average dumping margin is 227.17 percent, which is the highest dumping 
margin alleged in the Petition, as supplemented on April 9, 2018, and 
will apply this margin to its exports of glycine to the United 
States.\9\ For further discussion, see the Issues and Decision 
Memorandum at Comment 1.
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    \9\ See Petitioners' Letter, ``Glycine from Thailand: Petition 
for the Imposition of Antidumping Duties,'' dated March 28, 2018 
(Petition); and Petitioners' Letter, ``Glycine from Thailand: 
Responses to Second Supplemental Questionnaire,'' dated April 9, 
2018 (Thailand AD Second Petition Supplement), at Exhibit TA-2S5.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that Commerce estimate the 
weighted-average dumping margin for all other producers or exporters 
equal to the weighted average of the estimated weighted-average dumping 
margins of those companies individually examined, excluding any rates 
that are zero, de minimis, or based entirely on facts available 
pursuant to section 776 of the Act. Section 735(c)(5)(B) of the

[[Page 38000]]

Act provides that when, as here, each of the estimated weighted-average 
dumping margins established for all exporters or producers individually 
examined are zero, de minimis, or based entirely on facts available, 
Commerce may use any reasonable method to establish the rate for all 
other exporters or producers. In such a situation, Commerce's practice 
has been to determine the estimated weighted-average dumping margin for 
all other producers or exporters as the simple average of the dumping 
margins alleged in the Petition,\10\ which we have done for this final 
determination.\11\
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    \10\ See, e.g., Silicon Metal From Australia: Affirmative Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances in Part, 83 FR 9839, 9840 
(March 8, 2018); Certain Uncoated Paper from Australia: Final 
Determination of Sales at Less Than Fair Value and Affirmative Final 
Determination of Critical Circumstances, In Part, 81 FR 3108 
(January 20, 2016); and Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from 
Turkey, 73 FR 5508 (January 30, 2008), unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value: Light-Walled 
Rectangular Pipe and Tube from Turkey, 73 FR 19814 (April 11, 2008).
    \11\ See Petition; Thailand AD Second Petition Supplement, at 
Exhibit TA-2S5.
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Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, 
we preliminarily determined that critical circumstances did not exist 
with respect to imports of glycine because that subject merchandise was 
not being, or was not likely to be, sold in the United States at 
LTFV.\12\ However, in this final determination, in accordance with 
section 735(a)(3) and 19 CFR 351.206, we find that critical 
circumstances exist with respect to subject merchandise produced or 
exported by Newtrend Thailand, but do not exist with respect to all 
other producers or exporters. For a full description of the methodology 
and results of Commerce's critical circumstances analysis, see the 
Issues and Decision Memorandum.
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    \12\ See Preliminary Determination, 83 FR at 54717, and 
accompanying PDM at 16.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Newtrend Food Ingredient (Thailand) Co., Ltd............          227.17
All Others..............................................          201.59
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination within five days of 
its public announcement or, if there is no public announcement, within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b). However, in this investigation, Commerce applied AFA 
to the sole respondent, Newtrend Thailand, in accordance with section 
776 of the Act, the applied AFA rate is based solely on the Petition, 
and the all-others rate is a simple average of the Petition rates.\13\ 
Therefore, there are no margin calculations to disclose.
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    \13\ See Glycine from India, Japan, and Thailand: Initiation of 
Less-Than-Fair-Value Investigations, 83 FR 17995 (April 17, 2018), 
and accompanying Antidumping Duty Investigation Initiation 
Checklist: Glycine from Thailand, at 13.
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) and (C) of the Act, for 
this final determination, we will direct CBP to suspend liquidation of 
all entries of glycine from Thailand, as described in Appendix I of 
this notice, which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication in the Federal Register 
of this notice. Section 735(c)(4)(C) of the Act provides that, given an 
affirmative determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date which is 90 days before the date on which the suspension of 
liquidation was first ordered.
    For entries made by Newtrend Thailand, in accordance with section 
735(c)(4)(C) of the Act, because we find that critical circumstances 
exist, we will instruct CBP to suspend liquidation of all appropriate 
entries of glycine from Thailand which were entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days prior 
to the date of publication of this notice. For entries made by 
companies covered by the all-others rate, because we find that critical 
circumstances do not exist, we will not give CBP such instructions.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin as follows: (1) The 
cash deposit rate for Newtrend Thailand will be equal to the 
(estimated) weighted-average dumping margin determined in this final 
determination; (2) if the exporter is not a respondent identified 
above, but the producer is, then the cash deposit rate will be equal to 
the company-specific (estimated) weighted-average dumping margin 
established for that producer of the subject merchandise; and (3) the 
cash deposit rate for all other producers or exporters will be equal to 
the all-others (estimated) weighted-average dumping margin determined 
in this final determination.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. In the concurrent CVD investigation of glycine from 
Thailand, however, Commerce did not make an affirmative determination 
for countervailable export subsidies. Therefore, Commerce has not 
offset the estimated weighted-average dumping margins by 
countervailable export subsidies.
    These suspension of liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
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 Thailand no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded or canceled. If the ITC determines 
that such injury does exist, Commerce will 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 
``Suspension of Liquidation'' section.

Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of

[[Page 38001]]

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 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    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 this investigation if performed in the 
country of manufacture of the in-scope glycine or precursors of 
dried crystalline glycine. Glycine has the Chemical Abstracts 
Service (CAS) registry number of 56-40-6. Glycine and glycine slurry 
are classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 2922.49.43.00. Sodium glycinate is classified in 
the HTSUS under 2922.49.80.00. While the HTSUS subheadings and CAS 
registry number are provided for convenience and customs purposes, 
the written description of the scope of this investigation is 
dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Adjustment for Countervailable Export Subsidies
VI. Affirmative Determination of Critical Circumstances
VII. Discussion of the Issues
    Comment 1 Application of Adverse Facts Available (AFA)
    Comment 2 CBP Interim Measures
VIII. Recommendation

[FR Doc. 2019-16663 Filed 8-2-19; 8:45 am]
 BILLING CODE 3510-DS-P