Glycine From India: Final Results of Countervailing Duty Administrative Review; 2018-2019, 2761-2763 [2022-00954]
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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Notices
Disclosure
Appendix II
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
List of Non-Selected Companies
1. Ajin H & S Co., Ltd.
2. AJU Steel Co., Ltd.
3. B&N International
4. CDS Global Logistics
5. Dong A Hwa Sung Co., Ltd.
6. Dongkuk International, Inc.
7. Korea Clad Tech. Co., Ltd.
8. Pantos Logistics Co., Ltd.
9. PL Special Steel Co., Ltd.
10. POSCO
11. POSCO C&C
12. POSCO Coated & Color Steel Co., Ltd.
13. POSCO Daewoo Corp.
14. Samsung C&T Corporation
15. Samsung Electronics Co., Ltd.
16. Sanglim Steel Co., Ltd.
17. SeAH Coated Metal
18. SeAH Steel Corporation
19. Seajin St. Industry, Ltd.
20. Sejung Shipping Co., Ltd.
21. Seun Steel Co., Ltd.
22. Segye Chemical Industry Co., Ltd.
23. Shandongsheng Cao Xian Yalu Mftd.
24. Shengzhou Hanshine Import and Export
Trade
25. Soon Hong Trading Co., Ltd.
26. Southern Steel Sheet Co., Ltd.
27. SSangyong Manufacturing
28. Sung A Steel Co., Ltd.
29. SW Co., Ltd.
30. SY Co., Ltd.
31. Syon
32. TCC Steel. Co., Ltd.
33. Young Steel Korea Co., Ltd.
34. Young Sun Steel Co.
35. Young Steel Co.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
jspears on DSK121TN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Period of Review
VI. Rescission of Administrative Review, in
Part
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether Electricity Is
Subsidized by the Government of the
Republic of Korea (GOK)
Comment 2: Whether Commerce’s
Determination that Port Usage Rights
Provide a Countervailable Benefit Is
Unsupported by Evidence and Contrary
to Law
Comment 3: Whether Commerce
Incorrectly Countervailed the Reduction
for Sewerage Usage Fees
Comment 4: Whether the Restructuring of
KG Dongbu Steel’s Existing Loans by
GOK-Controlled Financial Institutions
Constitutes a Financial Contribution and
a Benefit to KG Dongbu Steel
Comment 5: Whether the Restructured
Loans Provided to KG Dongbu Were
Specific
Comment 6: Whether Commerce Should
Use the Interest Rates From Loans
Provided by Private Banks Participating
in the Creditor Bank Committee as
Benchmarks
Comment 7: Whether KG Dongbu Steel Is
Equityworthy and the 2015–2018 Debtto-Equity Swaps Should Be
Countervailed
Comment 8: Whether Subsidies Prior to
Dongbu Steel’s Change in Ownership
Pass Through to KG Dongbu Steel
Comment 9: Whether Commerce
Incorrectly Calculated the
Uncreditworthy Discount Rate Used for
Allocating the Benefits From Long-Term
Loans, Bonds, and Equity Infusions
Comment 10: Whether Commerce
Incorrectly Calculated the Discount Rate
for the 2019 Government Equity Infusion
XI. Recommendation
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[FR Doc. 2022–00939 Filed 1–18–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–884]
Glycine From India: Final Results of
Countervailing Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
glycine from India during the period of
review (POR), September 4, 2018,
through December 31, 2019.
DATES: Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, 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) 482–0698.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On July 16, 2021, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 On October 21, 2021,
Commerce extended the final results of
review by 60 days, until January 12,
2022.2 On November 16, 2021,
Commerce issued a post-preliminary
decision.3 We invited parties to
comment on the Preliminary Results
and on the Post-Preliminary Decision.
On November 29 and 30, 2021, case
briefs were timely filed by GEO
Specialty Chemicals, Inc. (the
petitioner), Avid Organics Private
Limited (Avid), and Kumar Industries,
India (Kumar).4 On December 6, 2021,
timely rebuttal briefs were submitted to
Commerce by the petitioner, Avid,
Kumar and Paras Intermediates Private
Limited (Paras).5 For a full description
of the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.6
Scope of the Order
The merchandise covered by the order
is glycine from India. For the complete
description of the scope of the order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues raised by interested parties, and
1 See Glycine from India: Preliminary Results of
the Countervailing Duty Administrative Review;
2018–2019, 86 FR 37738 (July 16, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Glycine from India:
Extension of Time Limit for Final Results of
Countervailing Duty Administrative Review,’’ dated
October 21, 2021.
3 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Glycine from India,
2018–2019: Post-Preliminary Decision,’’ dated
November 16, 2021 (Post-Preliminary Decision).
4 See Petitioner’s Letter, ‘‘Glycine from India:
GEO Specialty Chemical’s Case Brief,’’ dated
November 29, 2021; Avid’s Letter, ‘‘Glycine from
India: Case Brief—Avid Organic’s Pvt. Ltd.,’’ dated
November 29, 2021; and Kumar’s Letter, ‘‘Certain
Glycine from India (C–533–884) Kumar Industries—
Case Brief,’’ dated November 30, 2021.
5 See Petitioner’s Letter, ‘‘Glycine from India:
GEO Specialty Chemicals’ Rebuttal Brief,’’ dated
December 6, 2021; Avid’s Letter, ‘‘Glycine from
India: Rebuttal Brief—Avid Organics Pvt. Ltd.,’’
dated December 6, 2021; Kumar’s Letter, ‘‘Certain
Glycine from India (C–533–884) Kumar Industries—
Rebuttal Brief,’’ dated December 6, 2021; and Paras’
Letter, ‘‘Paras Intermediates Private Limited
(‘‘Paras’’) Administrative Rebuttal Brief:
Countervailing Duty Investigation on Glycine from
India,’’ dated December 6, 2021.
6 See Memorandum, ‘‘Glycine from India: Issues
and Decision Memorandum for the Final Results of
Countervailing Duty Administrative Review; 2018–
2019,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Notices
to which Commerce responded in the
Issues and Decision Memorandum, is
provided in the appendix to this notice.
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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from parties, we
made certain changes to the net subsidy
rates calculated for Avid and Kumar,
and for companies not selected for
individual review. These changes are
explained in the Issues and Decision
Memorandum.
Companies Not Selected for Individual
Review
For the companies not selected for
individual examination, because the
rates calculated for Avid and Kumar are
above de minimis and not based entirely
on facts available, we applied a subsidy
rate based on a weighted-average of the
subsidy rates calculated for Avid and
Kumar using publicly ranged sales data
submitted by the respondents.8 This is
consistent with the methodology that
we would use in an investigation to
establish the all-others rate, pursuant to
section 705(c)(5)(A) of the Act.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
find that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and the subsidy is
specific.7 For a full description of the
methodology underlying all of
Commerce’s conclusions, see the Issues
and Decision Memorandum.
Final Results of Administrative Review
We determine the following net
countervailable subsidy rates for the
period September 4, 2018, through
December 31, 2019:
2018 Subsidy rate
(percent ad valorem)
Company
Avid Organics Private Limited .................................................................................................
Kumar Industries (India) ..........................................................................................................
Mulji Mehta Enterprises ...........................................................................................................
Mulji Mehta Pharma .................................................................................................................
Paras Intermediates Private Limited .......................................................................................
Rudraa International ................................................................................................................
Studio Disrupt ..........................................................................................................................
Disclosure
Commerce will disclose to the parties
in this proceeding the calculations
performed for these final results of
review within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
jspears on DSK121TN23PROD with NOTICES1
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
above-listed companies at the applicable
ad valorem assessment rates listed.
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.9 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
7 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.
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expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
companies listed above on shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, Commerce will instruct
CBP to continue to collect cash deposits
of estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
8 See Memorandum, ‘‘Final Results Calculation of
Subsidy Rate for Non-Examined Companies Under
Review,’’ dated concurrently with this notice.
9 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 days in Applicable
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2019 Subsidy Rate
(percent ad valorem)
5.01
11.81
3.92
3.92
3.92
3.92
3.92
5.16
3.75
4.35
4.35
4.35
4.35
4.35
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: January 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies Under
Review
Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Notices
V. Changes Since the Preliminary Results
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Calculation of a Single Rate
for the Period of Review Covering 2018
and 2019
Comment 2: Application of Adverse Facts
Available (AFA) to Kumar
Comment 3: Pre- and Post-Shipment
Finance Program: Interest Rate
Benchmark for Kumar
Comment 4: Interest Equalization Scheme
on Pre- and Post-Shipment RupeeDenominated Export Credit Program:
Sales Denominator for Kumar
Comment 5: Duty Drawback Program:
Benefit Calculation for Avid
Comment 6: Interest Subsidy Under
Scheme for Assistance of Micro, Small,
and Medium-sized Enterprises (MSMEs)
as per Gujarat Industrial Policy 2009:
Benefit Calculation for Avid
Comment 7: Export Promotion Capital
Goods Scheme: Benefit Calculation for
Avid
IX. Recommendation
[FR Doc. 2022–00954 Filed 1–18–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Final Results of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
July 1, 2019, through June 30, 2020.
DATES: Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT: Eva
Kim, AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8283.
SUPPLEMENTARY INFORMATION:
AGENCY:
jspears on DSK121TN23PROD with NOTICES1
Background
On July 19, 2021, Commerce
published the preliminary results of the
2019–2020 administrative review of the
antidumping duty (AD) order on certain
steel nails from the Republic of Korea
(Korea).1 We invited interested parties
1 See Certain Steel Nails from the Republic of
Korea: Preliminary Results of Antidumping Duty
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to comment on the Preliminary Results.
A full description of the events since the
Preliminary Results is contained in the
Issues and Decision Memorandum.2
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The products covered by the AD
Order are steel nails from Korea. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made no
changes to the margin calculation for
the sole mandatory respondent, Daejin
Steel Company (Daejin), since the
Preliminary Results.
Rate for Non-Examined Company
Generally, when calculating margins
for non-selected respondents,
Commerce looks to section 735(c)(5) of
the Act for guidance, which provides
instructions for calculating the allothers margin in an investigation.
Section 735(c)(5)(A) of the Act provides
that when calculating the all-others
margin, Commerce will exclude any
zero and de minimis weighted average
dumping margins, as well as any
weighted-average dumping margins
based on total facts available.
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2019–
2020, 86 FR 38015 (July 19, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Certain
Steel Nails from the Republic of Korea; 2019–2020,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
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2763
Accordingly, Commerce’s usual practice
has been to average the margins for
selected respondents, excluding margins
that are zero, de minimis, or based
entirely on facts available. In this
review, we calculated a weightedaverage dumping margin of 3.22 percent
for Daejin, the sole mandatory
respondent. In accordance with section
735(c)(5)(A) of the Act, Commerce
assigned Daejin’s calculated weightedaverage dumping margin, i.e., 3.22
percent, to the non-selected company in
these final results. Accordingly, we have
applied a rate of 3.22 percent to the nonselected company, i.e., Koram Inc.
Final Results of Administrative Review
Commerce determines that the
following weighted-average dumping
margins exist for the period July 1, 2019,
through June 30, 2020:
Producer/exporter
Daejin Steel Company ................
Koram Inc ...................................
Weightedaverage
dumping
margin
(percent)
3.22
3.22
Disclosure
Commerce intends to disclose the
calculations performed for these final
results within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. We intend to
calculate importer- (or customer-)
specific assessment rates on the basis of
the ratio of the total amount of
antidumping duties calculated for each
importer (or customer’s) examined sales
and the total entered value of the sales
in accordance with 19 CFR
351.212(b)(1). Where an importer- (or
customer-) specific rate is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
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]]>Agencies
[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2761-2763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00954]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results of Countervailing Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of glycine from India during the period of review (POR), September 4,
2018, through December 31, 2019.
DATES: Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, 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) 482-0698.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2021, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ On October 21,
2021, Commerce extended the final results of review by 60 days, until
January 12, 2022.\2\ On November 16, 2021, Commerce issued a post-
preliminary decision.\3\ We invited parties to comment on the
Preliminary Results and on the Post-Preliminary Decision. On November
29 and 30, 2021, case briefs were timely filed by GEO Specialty
Chemicals, Inc. (the petitioner), Avid Organics Private Limited (Avid),
and Kumar Industries, India (Kumar).\4\ On December 6, 2021, timely
rebuttal briefs were submitted to Commerce by the petitioner, Avid,
Kumar and Paras Intermediates Private Limited (Paras).\5\ For a full
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\1\ See Glycine from India: Preliminary Results of the
Countervailing Duty Administrative Review; 2018-2019, 86 FR 37738
(July 16, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Glycine from India: Extension of Time
Limit for Final Results of Countervailing Duty Administrative
Review,'' dated October 21, 2021.
\3\ See Memorandum, ``Countervailing Duty Administrative Review
of Glycine from India, 2018-2019: Post-Preliminary Decision,'' dated
November 16, 2021 (Post-Preliminary Decision).
\4\ See Petitioner's Letter, ``Glycine from India: GEO Specialty
Chemical's Case Brief,'' dated November 29, 2021; Avid's Letter,
``Glycine from India: Case Brief--Avid Organic's Pvt. Ltd.,'' dated
November 29, 2021; and Kumar's Letter, ``Certain Glycine from India
(C-533-884) Kumar Industries--Case Brief,'' dated November 30, 2021.
\5\ See Petitioner's Letter, ``Glycine from India: GEO Specialty
Chemicals' Rebuttal Brief,'' dated December 6, 2021; Avid's Letter,
``Glycine from India: Rebuttal Brief--Avid Organics Pvt. Ltd.,''
dated December 6, 2021; Kumar's Letter, ``Certain Glycine from India
(C-533-884) Kumar Industries--Rebuttal Brief,'' dated December 6,
2021; and Paras' Letter, ``Paras Intermediates Private Limited
(``Paras'') Administrative Rebuttal Brief: Countervailing Duty
Investigation on Glycine from India,'' dated December 6, 2021.
\6\ See Memorandum, ``Glycine from India: Issues and Decision
Memorandum for the Final Results of Countervailing Duty
Administrative Review; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is glycine from India. For the
complete description of the scope of the order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties, and
[[Page 2762]]
to which Commerce responded in the Issues and Decision Memorandum, is
provided in the appendix to this notice. 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we made certain changes to the net subsidy rates calculated
for Avid and Kumar, and for companies not selected for individual
review. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and the subsidy is specific.\7\ For
a full description of the methodology underlying all of Commerce's
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
For the companies not selected for individual examination, because
the rates calculated for Avid and Kumar are above de minimis and not
based entirely on facts available, we applied a subsidy rate based on a
weighted-average of the subsidy rates calculated for Avid and Kumar
using publicly ranged sales data submitted by the respondents.\8\ This
is consistent with the methodology that we would use in an
investigation to establish the all-others rate, pursuant to section
705(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Final Results Calculation of Subsidy Rate
for Non-Examined Companies Under Review,'' dated concurrently with
this notice.
---------------------------------------------------------------------------
Final Results of Administrative Review
We determine the following net countervailable subsidy rates for
the period September 4, 2018, through December 31, 2019:
----------------------------------------------------------------------------------------------------------------
2018 Subsidy rate 2019 Subsidy Rate
Company (percent ad valorem) (percent ad valorem)
----------------------------------------------------------------------------------------------------------------
Avid Organics Private Limited................................. 5.01 5.16
Kumar Industries (India)...................................... 11.81 3.75
Mulji Mehta Enterprises....................................... 3.92 4.35
Mulji Mehta Pharma............................................ 3.92 4.35
Paras Intermediates Private Limited........................... 3.92 4.35
Rudraa International.......................................... 3.92 4.35
Studio Disrupt................................................ 3.92 4.35
----------------------------------------------------------------------------------------------------------------
Disclosure
Commerce will disclose to the parties in this proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. 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.\9\ 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).
---------------------------------------------------------------------------
\9\ 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
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. For all non-reviewed firms,
Commerce will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
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
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies Under Review
[[Page 2763]]
V. Changes Since the Preliminary Results
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Calculation of a Single Rate for the Period of Review
Covering 2018 and 2019
Comment 2: Application of Adverse Facts Available (AFA) to Kumar
Comment 3: Pre- and Post-Shipment Finance Program: Interest Rate
Benchmark for Kumar
Comment 4: Interest Equalization Scheme on Pre- and Post-
Shipment Rupee-Denominated Export Credit Program: Sales Denominator
for Kumar
Comment 5: Duty Drawback Program: Benefit Calculation for Avid
Comment 6: Interest Subsidy Under Scheme for Assistance of
Micro, Small, and Medium-sized Enterprises (MSMEs) as per Gujarat
Industrial Policy 2009: Benefit Calculation for Avid
Comment 7: Export Promotion Capital Goods Scheme: Benefit
Calculation for Avid
IX. Recommendation
[FR Doc. 2022-00954 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-DS-P
