Glycine From the People's Republic of China: Continuation of the Antidumping Duty Order, 56403-56404 [2022-19857]

Download as PDF Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 / Notices Assessment Rates DEPARTMENT OF COMMERCE Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. 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). International Trade Administration Cash Deposit Requirements In accordance with section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above, for the companies listed above, for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, Commerce will instruct CBP to continue to collect cash deposits at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to an 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). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. khammond on DSKJM1Z7X2PROD with NOTICES 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: September 6, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–19856 Filed 9–13–22; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 20:13 Sep 13, 2022 Jkt 256001 [A–570–836] Glycine From the People’s Republic of China: Continuation of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on glycine from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable September 14, 2022. FOR FURTHER INFORMATION CONTACT: Harrison Tanchuck, 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) 482–7421. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 29, 1995, Commerce published in the Federal Register the AD order on glycine from China.1 On January 3, 2022, Commerce published a notice of initiation of the fifth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its review, pursuant to sections 751(c)(1) and 752(c) of the Act, Commerce determined that revocation of the Order on glycine from China would likely lead to continuation or recurrence of dumping. Commerce, therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Order be revoked.3 On September 2, 2022, the ITC published its determination, pursuant to 1 See Antidumping Duty Order: Glycine from the People’s Republic of China, 60 FR 16116 (March 29, 1995) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 76 (January 3, 2022). 3 See Glycine from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 87 FR 25446 (April 25, 2022), and accompanying Issues and Decision Memorandum. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 56403 sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Order The product covered by the Order is glycine, which is a free-flowing crystalline material, like salt or sugar. Glycine is produced at varying levels of purity and is used as a sweetener/taste enhancer, a buffering agent, reabsorbable amino acid, chemical intermediate, and a metal complexing agent. This proceeding includes glycine of all purity levels. Glycine is currently classified under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the United States (HTSUS).5 Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under the Order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to continuation or recurrence of dumping as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year (sunset) review of the Order no later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to an administrative protective order (APO) of 4 See Glycine from the People’s Republic of China, 87 FR 54263 (September 2, 2022). 5 In separate scope rulings, Commerce determined that: (a) D(-)Phenylglycine Ethyl Dane Salt is outside the scope of the Order; and (b) Chinese glycine exported from India remains the same class or kind of merchandise as the China-origin glycine imported into India. See Notice of Scope Rulings and Anticircumvention Inquiries, 62 FR 62288 (November 21, 1997); and Glycine from the People’s Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012), respectively. E:\FR\FM\14SEN1.SGM 14SEN1 56404 Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 / Notices United States, 538 F. Supp. 3d 1354 (CIT 2021) (Saha Thai II), sustaining the U.S. Department of Commerce’s (Commerce) final results of redetermination pertaining to the administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes (pipes and tubes) from Thailand covering the period of review (POR) March 1, 2017, through February 28, 2018. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results of review with respect to the weightedaverage dumping margin assigned to Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai). DATES: Applicable September 27, 2021. FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3797. SUPPLEMENTARY INFORMATION: their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751I and (d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: September 8, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–19857 Filed 9–13–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–502] Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results of Antidumping Administrative Review; 2017–2018 Background On November 20, 2019, Commerce published its Final Results in the 2017– 2018 antidumping duty administrative review of pipes and tubes from Thailand.1 In the Final Results, Commerce determined that a particular market situation (PMS) existed in the Thai pipes and tubes market related to purchases of hot-rolled coil during the POR.2 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 17, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Thai Steel Pipe Public Company Ltd. v. AGENCY: Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 17, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Saha Thai. The revised dumping margins are as follows: Exporter/producer Final results of review: weightedaverage dumping margin (percent) Final results of redetermination: weightedaverage dumping margin (percent) Saha Thai Steel Pipe (Public) Company, Ltd ......................................................................................................... 5.15 0.00 Cash Deposit Requirements Because Saha Thai has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue khammond on DSKJM1Z7X2PROD with NOTICES Mandatory respondent Saha Thai challenged Commerce’s Final Results before the CIT. On October 19, 2020, the CIT remanded the Final Results and ordered Commerce to remove its costbased PMS adjustment and recalculate Saha Thai’s weighted-average dumping margin without a PMS adjustment.3 In the Final Redetermination, issued in March 2021, Commerce, under respectful protest, recalculated Saha Thai’s weighted-average dumping margin without making a cost-based PMS adjustment.4 The CIT held that Commerce’s Final Redetermination was consistent with the CIT’s order in Saha Thai II.5 1 See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017- 2018, 84 FR 64041 (November 20, 2019) (Final Results), and accompanying Issues and Decision Memorandum. 2 Id.; see also Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review and VerDate Sep<11>2014 18:31 Sep 13, 2022 Jkt 256001 revised cash deposit instructions to U.S. Customs and Border Protection (CBP). These amended final results of review will not affect the current cash deposit rate. Liquidation of Suspended Entries Preliminary Determination of No Shipments; 2017– 2018, 84 FR 22450 (May 17, 2019), and accompanying Preliminary Decision Memorandum, at 6–7. 3 See Saha Thai Steel Pipe Pub. Co. Ltd. v. United States, 476 F. Supp. 3d 1378, 1386 (CIT 2020) (Saha Thai I). 4 See Final Results of Redetermination Pursuant to Court Remand, Saha Thai Steel Pipe Pub. Co., Ltd., et al. v. United States, Court No. 19–00208, Slip Op. 20–148, dated March 14, 2021 (Final Redetermination). 5 See Saha Thai II. 6 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise, where appropriate, E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56403-56404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19857]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Continuation of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on glycine from the 
People's Republic of China (China) would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of the AD 
order.

DATES: Applicable September 14, 2022.

FOR FURTHER INFORMATION CONTACT: Harrison Tanchuck, 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) 482-7421.

SUPPLEMENTARY INFORMATION:

Background

    On March 29, 1995, Commerce published in the Federal Register the 
AD order on glycine from China.\1\ On January 3, 2022, Commerce 
published a notice of initiation of the fifth sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ Commerce conducted an expedited (120-day) sunset review 
of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Glycine from the People's 
Republic of China, 60 FR 16116 (March 29, 1995) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 76 
(January 3, 2022).
---------------------------------------------------------------------------

    As a result of its review, pursuant to sections 751(c)(1) and 
752(c) of the Act, Commerce determined that revocation of the Order on 
glycine from China would likely lead to continuation or recurrence of 
dumping. Commerce, therefore, notified the ITC of the magnitude of the 
margins of dumping likely to prevail should the Order be revoked.\3\
---------------------------------------------------------------------------

    \3\ See Glycine from the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 87 FR 25446 (April 25, 2022), and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    On September 2, 2022, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\4\
---------------------------------------------------------------------------

    \4\ See Glycine from the People's Republic of China, 87 FR 54263 
(September 2, 2022).
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Scope of the Order

    The product covered by the Order is glycine, which is a free-
flowing crystalline material, like salt or sugar. Glycine is produced 
at varying levels of purity and is used as a sweetener/taste enhancer, 
a buffering agent, reabsorbable amino acid, chemical intermediate, and 
a metal complexing agent. This proceeding includes glycine of all 
purity levels. Glycine is currently classified under subheading 
2922.49.4020 of the Harmonized Tariff Schedule of the United States 
(HTSUS).\5\ Although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the merchandise under 
the Order is dispositive.
---------------------------------------------------------------------------

    \5\ In separate scope rulings, Commerce determined that: (a) D(-
)Phenylglycine Ethyl Dane Salt is outside the scope of the Order; 
and (b) Chinese glycine exported from India remains the same class 
or kind of merchandise as the China-origin glycine imported into 
India. See Notice of Scope Rulings and Anticircumvention Inquiries, 
62 FR 62288 (November 21, 1997); and Glycine from the People's 
Republic of China: Final Partial Affirmative Determination of 
Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 
10, 2012), respectively.
---------------------------------------------------------------------------

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping as well as material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order.
    U.S. Customs and Border Protection will continue to collect AD cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of continuation of the Order 
will be the date of publication in the Federal Register of this notice 
of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
review of the Order no later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order

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

[[Page 56404]]

their responsibility concerning the return, destruction, or conversion 
to judicial protective order of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a 
violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751I and (d)(2) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: September 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19857 Filed 9-13-22; 8:45 am]
BILLING CODE 3510-DS-P

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