Glycine From Japan: Preliminary Results of Antidumping Administrative Review; 2018-2020, 36105-36106 [2021-14563]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36105-36106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14563]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-878]


Glycine From Japan: Preliminary Results of Antidumping 
Administrative Review; 2018-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Yuki Gosei Kogyo Co., Ltd. and Nagase & Co., Ltd. (Nagase) 
(collectively, YGK/Nagase) made sales of subject merchandise at less 
than normal value during the period of review (POR) October 31, 2018, 
through May 31, 2020.

DATES: Applicable July 8, 2021.

FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3362.

SUPPLEMENTARY INFORMATION:

Background

    Commerce initiated this review on August 6, 2020.\1\ We selected 
two mandatory respondents in this review, Nagase and Showa Denko K.K. 
(Showa Denko). On October 8, 2020, Showa Denko withdrew from 
participation in this administrative review.\2\ For a more detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 47731 (August 6, 2020).
    \2\ See Showa Denko's Letter, ``Antidumping Duty Administrative 
Review of Glycine from Japan: Withdrawal of Participation as 
Mandatory Respondent,'' dated October 8, 2020.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Glycine from 
Japan,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    The Preliminary 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. A 
list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice.

Scope of the Order

    The merchandise subject to the order is glycine. For a complete 
description of the scope of this administrative review, see the 
Preliminary Decision Memorandum.\3\

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our conclusions, see Preliminary Decision Memorandum.

Facts Available

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to assign an estimated weighted-
average dumping margin to Showa Denko in this review because Showa 
Denko withheld necessary information that was requested by Commerce, 
thereby significantly impeding the conduct of the review. Further, 
Commerce preliminarily determines that Showa Denko failed to cooperate 
by not acting to the best of its ability to comply with requests for 
information and, thus, Commerce is applying adverse facts available 
(AFA) in determining a weighted-average dumping margin for Showa Denko, 
in accordance with section 776(b) of the Act. For a full description of 
the methodology underlying our conclusions regarding the application of 
AFA, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine that, for the period October 31, 2018, 
through May 31, 2020, the following weighted-average dumping margins 
exist: \4\
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    \4\ As AFA, we preliminarily assign Showa Denko a dumping margin 
of 86.22 percent, the highest rate on the record of the proceeding. 
See Glycine from Japan: Final Determination of Sales at Less Than 
Fair Value, 84 FR 18484 (May 1, 2019). This rate achieves the 
purpose of applying an adverse inference, i.e., it is sufficiently 
adverse to ensure that the uncooperative party does not obtain a 
more favorable result by failing to cooperate than if it had fully 
cooperated. Because we previously applied this rate in the 
investigation, according to 776(c)(2) of the Act, this rate does not 
require corroboration.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd\5\.............       27.71
Showa Denko K.K.............................................       86.22
------------------------------------------------------------------------

Disclosure and Public Comment
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    \5\ As explained in the Preliminary Decision Memorandum, based 
on the record information, Commerce preliminarily determines that 
Nagase & Co., Ltd. and a non-selected respondent, Yuki Gosei Kogyo 
Co., Ltd., are affiliated within the meaning of section 771(33)(E) 
of the Act and should be treated as a single entity pursuant to 19 
CFR 351.401(f) for these preliminary results of review.
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    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results, in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\6\ Commerce has modified certain

[[Page 36106]]

of its requirements for serving documents containing business 
proprietary information until further notice.\7\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\8\
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    \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'').
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \8\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\9\
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    \9\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If the weighted-average dumping 
margin for YGK/Nagase is not zero or de minimis in the final results of 
this review, we will calculate, for each company, an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of such sales, in accordance with 19 CFR 
351.212(b)(1).\10\ If any of these companies' weighted-average dumping 
margin is zero or de minimis in the final results of review, or if an 
importer-specific assessment rate for one of these companies is zero or 
de minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regards to antidumping duties.\11\ For entries of subject 
merchandise during the POR produced by any of these companies for which 
it did not know its merchandise was destined for the United States, we 
will instruct CBP to liquidate unreviewed entries.\12\
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    \10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \11\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\13\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future cash deposits of estimated 
antidumping duties, where applicable.
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    \13\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for YGK/Nagase and 
Showa Denko listed above will be equal to the weighted-average dumping 
margin established in the final results of this administrative review; 
(2) for previously reviewed or investigated companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which they were reviewed; (3) if the exporter is not a firm covered in 
this review, a prior review, or in the investigation but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 53.66 percent, the 
rate established in the less-than-fair-value investigation.\14\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Glycine From India and Japan: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR 
29170 (June 21, 2019).
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Application of Facts Available and Adverse Inference
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-14563 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P