Glycine From India: Final Results of Countervailing Duty Administrative Review; 2020, 76611-76613 [2022-27221]
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Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 / Notices
forgings) in that they have undergone further
processing after forging, including, but not
limited to, beveling, bore threading, center or
step boring, face machining, taper boring,
machining ends or surfaces, drilling bolt
holes, and/or de-burring or shot blasting. Any
one of these post-forging processes suffices to
render the forging into a finished carbon steel
flange for purposes of this order. However,
mere heat treatment of a carbon steel flange
forging (without any other further processing
after forging) does not render the forging into
a finished carbon steel flange for purposes of
this order.
While these finished carbon steel flanges
are generally manufactured to specification
ASME B16.5 or ASME B16.47 series A or
series B, the scope is not limited to flanges
produced under those specifications. All
types of finished carbon steel flanges are
included in the scope regardless of pipe size
(which may or may not be expressed in
inches of nominal pipe size), pressure class
(usually, but not necessarily, expressed in
pounds of pressure, e.g., 150, 300, 400, 600,
900, 1500, 2500, etc.), type of face (e.g., flat
face, full face, raised face, etc.), configuration
(e.g., weld neck, slip on, socket weld, lap
joint, threaded, etc.), wall thickness (usually,
but not necessarily, expressed in inches),
normalization, or whether or not heat treated.
These carbon steel flanges either meet or
exceed the requirements of the ASTM A105,
ASTM A694, ASTM A181, ASTM A350 and
ASTM A707 standards (or comparable
foreign specifications). The scope includes
any flanges produced to the above-referenced
ASTM standards as currently stated or as
may be amended. The term ‘‘carbon steel’’
under this scope is steel in which:
(a) Iron predominates, by weight, over each
of the other contained elements:
(b) The carbon content is 2 percent or less,
by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as indicated:
(i) 0.87 percent of aluminum;
(ii) 0.0105 percent of boron;
(iii) 10.10 percent of chromium;
(iv) 1.55 percent of columbium;
(v) 3.10 percent of copper;
(vi) 0.38 percent of lead;
(vii) 3.04 percent of manganese;
(viii) 2.05 percent of molybdenum;
(ix) 20.15 percent of nickel;
(x) 1.55 percent of niobium;
(xi) 0.20 percent of nitrogen;
(xii) 0.21 percent of phosphorus;
(xiii) 3.10 percent of silicon;
(xiv) 0.21 percent of sulfur;
(xv) 1.05 percent of titanium;
(xvi) 4.06 percent of tungsten;
(xvii) 0.53 percent of vanadium; or
(xviii) 0.015 percent of zirconium.
Finished carbon steel flanges are currently
classified under subheadings 7307.91.5010
and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They
may also be entered under HTSUS
subheadings 7307.91.5030 and 7307.91.5070.
The HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
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Appendix II
Companies Not Selected for Individual
Examination
1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited
6. C. D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private
Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R.D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components
and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited
[FR Doc. 2022–27223 Filed 12–14–22; 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; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers and exporters of glycine from
India received countervailable subsidies
during the period of review (POR),
January 1, 2020, through December 31,
2020.
DATES: Applicable December 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks or Scarlet Jaldin AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
PO 00000
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76611
NW, Washington, DC 20230; telephone:
(202) 482–2670 or (202) 482–4275,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2022, Commerce published
the preliminary results of this
administrative review in the Federal
Register and invited interest parties to
comment.1 We received timely case
briefs from the Government of India
(GOI) 2 and GEO Specialty Chemicals,
Inc. (the petitioner),3 and timely filed
rebuttal briefs from the petitioner,4 and
the mandatory respondents in this
review, Avid Organics Private Limited
(Avid) 5 and Kumar Industries, India
(Kumar).6 On September 29, 2022,
Commerce extended the deadline for
issuing these final results to December
9, 2022.7
Scope of the Order
The merchandise covered by the
Order is glycine from India. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.8
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
parties and discussed in the Issues and
Decision Memorandum is provided as
an appendix to this notice. Based on our
analysis of the comments received from
interested parties and record
information, we made no changes from
the Preliminary Results. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Glycine from India: Preliminary Results and
Recission, in Part, of Countervailing Duty
Administrative Review; 2020, 87 FR 40494 (July 7,
2022) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
2 See GOI’s Letter, ‘‘Case Brief on behalf of
Government of India,’’ dated August 8, 2022.
3 See Petitioner’s Letter, ‘‘Glycine from India:
Case Brief of GEO Specialty Chemicals, Inc.,’’ dated
August 8, 2022.
4 See Petitioner’s Letter, ‘‘Rebuttal Brief of GEO
Specialty Chemicals, Inc.,’’ dated August 15, 2022.
5 See Avid’s Letter, ‘‘AVID’s Rebuttal to Petitioner
Case Brief of August 8, 2022,’’ dated August 13,
2022.
6 See Kumar’s Letter, ‘‘Rebuttal Brief to
Petitioner’s Case Brief,’’ dated August 15, 2022.
7 See Memorandum, ‘‘Extension of Deadline for
the Final Results of Countervailing Duty
Administrative Review; 2020,’’ dated September 29,
2022.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Glycine from India; 2020,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\15DEN1.SGM
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76612
Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 / Notices
determine that the following net
Antidumping and Countervailing Duty
countervailable subsidy rates exist:
Centralized Electronic Service System
(ACCESS). ACCESS is available to
Subsidy
registered users at https://
rate
Company
access.trade.gov. In addition, a complete
(percent
ad
valorem)
version of the Issues and Decision
Memorandum can be accessed directly
Avid Organics Private Limited .............
3.00
at https://access.trade.gov/public/
Kumar Industries, India 13 ...................
3.11
Paras Intermediates Private Ltd .........
3.06
FRNoticesListLayout.aspx.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(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 that the
subsidy is specific.9 For a description of
the methodology underlying
Commerce’s conclusions, see the Issues
and Decision Memorandum.
Final Rate for Non-Selected Company
Under Review
There is one company subject to this
review that was not selected as a
mandatory respondent, i.e., Paras
Intermediates Private Ltd. (Paras).10
Because the final subsidy rates
calculated for the mandatory
respondents in this review, Avid and
Kumar, are above de minimis and are
not based entirely on facts available,11
we have continued to apply to Paras a
subsidy rate based on a weightedaverage of the subsidy rates calculated
for Avid and Kumar using publicly
ranged sales data for these final
results.12 This methodology for
establishing the subsidy rate for the
non-selected company is consistent
with our practice and with section
705(c)(5)(A) of the Act.
Final Results of Administrative Review
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For the period January 1, 2020,
through December 31, 2020, we
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
10 See Preliminary Decision Memorandum.
11 The subsidy rates for Avid and Kumar for these
final results of review are unchanged from the
Preliminary Results.
12 See Issues and Decision Memorandum; see also
Memorandum, ‘‘Preliminary Results Calculation of
Subsidy Rate for a Non-Selected Company Under
Review,’’ dated June 30, 2022 (Non-Selected Rate
Calculation Memorandum).
13 Commerce continues to find that Kumar is
cross-owned with Advance Chemical Corporation;
therefore, the same subsidy rate applies to both
companies. See Preliminary Decision Memorandum
at 8. We note that the Initiation Notice references
‘‘Kumar Industries’’ which we have determined is
the same company as ‘‘Kumar Industries, India.’’
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16:51 Dec 14, 2022
Jkt 259001
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the final
results of review within five days of a
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final results in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because we have made no
changes from the Preliminary Results,
there are no calculations to disclose.
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 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).
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 amounts indicated 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 subject to the Order,
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 also serves as a reminder
to parties subject to an administrative
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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.
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 and 19
CFR 351.221(b)(5).
Dated: December 9, 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. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and
Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Apply Adverse
Facts Available (AFA) to Kumar
Comment 2: Whether Kumar Received
Countervailable Electricity Subsidies
from the State Government of Gujarat
(SGOG)
Comment 3: Whether Commerce Should
Adjust its Benchmark and Benefit
Calculations for the SGOG Provision of
Water for Less than Adequate
Remuneration (LTAR) Program
Comment 4: Whether Avid Used Both the
Interest Equalization Scheme (IES) and
the Pre-Shipment and Post-Shipment
Finance Programs
Comment 5: Whether Commerce has
Conducted an Appropriate Review
Comment 6: Whether the Duty Drawback
(DDB) Program Is Countervailable
Comment 7: Whether the Export Promotion
of Capital Goods and Services (EPCGS)
Program Is Countervailable
Comment 8: Whether the Merchandise
Export From India Scheme (MEIS)
Program Is Countervailable
Comment 9: Whether the SGOG Electricity
Duty Exemption Program Is
Countervailable
Comment 10: Whether the Pre-Shipment
and Post-Shipment Finance Program Is
Countervailable
Comment 11: Whether the Interest Subsidy
Under Scheme for Assistance of Micro,
Small, and Medium Enterprises
(MSMEs) as per Gujarat Industrial Policy
2009 Program Is Countervailable
Comment 12: Whether the SGOG Provision
of Water for LTAR Program Is
Countervailable
E:\FR\FM\15DEN1.SGM
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Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 / Notices
IX. Recommendation
[FR Doc. 2022–27221 Filed 12–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
: National Institute of
Standards and Technology (NIST)’s
Visiting Committee on Advanced
Technology (VCAT or Committee) will
meet on Wednesday, February 8, 2023,
from 8:30 a.m. to 5:00 p.m. Eastern
Time, and Thursday, February 9, 2023,
from 8:30 a.m. to 12:00 p.m. Eastern
Time.
DATES: The VCAT will meet on
Wednesday, February 8, 2023, from 8:30
a.m. to 5:00 p.m. and Thursday,
February 9, 2023, from 8:30 a.m. to
12:00 p.m. Eastern Time.
ADDRESSES: The meeting will be held at
the National Cybersecurity Center of
Excellence, 9700 Great Seneca Highway,
Rockville, Maryland, 20850 with an
option to participate via webinar. Please
note admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 240–446–6000. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the VCAT will meet
on Wednesday, February 8, 2023, from
8:30 a.m. to 5:00 p.m. Eastern Time and
Thursday, February 9, 2023, from 8:30
a.m. to 12:00 p.m. Eastern Time. The
meeting will be open to the public. The
VCAT is composed of not fewer than 9
members appointed by the NIST
Director, eminent in such fields as
business, research, new product
development, engineering, labor,
education, management consulting,
environment, and international
relations. The primary purpose of this
meeting is for the VCAT to review and
make recommendations regarding
general policy for NIST, its organization,
its budget, and its programs within the
framework of applicable national
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SUMMARY:
VerDate Sep<11>2014
16:51 Dec 14, 2022
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policies as set forth by the President and
the Congress. The agenda will include
an update on major programs at NIST.
Each of the three subcommittees:
Subcommittee on Alignment of
Manufacturing Efforts, Subcommittee on
Visibility Improvement, and
Subcommittee on Workforce
Development Efforts will present their
recommendations to the full Committee.
The Committee will also present its
initial observations, findings, and
recommendations for the 2022 VCAT
Annual Report. The agenda may change
to accommodate Committee business.
The final agenda will be posted on the
NIST website at https://www.nist.gov/
director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda by no later
than 5:00 p.m. Eastern Time,
Wednesday, February 1, 2023 by
contacting Stephanie Shaw at
stephanie.shaw@nist.gov.
Approximately one-half hour will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received but,
is likely to be about 3 minutes each. The
exact time and date for public
comments will be included in the final
agenda that will be posted on the NIST
website at https://www.nist.gov/director/
vcat/agenda.cfm. Questions from the
public will not be considered during
this period. Speakers who wish to
expand upon their oral statements,
those who had wished to speak but
could not be accommodated on the
agenda, and those who were unable to
attend in person or via webinar are
invited to submit written statements to
Stephanie Shaw at stephanie.shaw@
nist.gov.
For participants attending via
webinar, please contact Ms. Shaw at
stephanie.shaw@nist.gov for detailed
instructions on how to join the webinar
by 5:00 p.m. Eastern Time, Wednesday,
February 1, 2023. For participants
wishing to attend in person, please
submit your name, time of arrival, email
address, and phone number to Hope
Fato, hope.fato@nist.gov by 5:00 p.m.
Eastern Time, Wednesday, February 1,
2023. For detailed information please
contact Ms. Fato at hope.fato@nist.gov.
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76613
Authority: 15 U.S.C. 278, as amended,
and the Federal Advisory Committee
Act, as amended, 5 U.S.C. App.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2022–27232 Filed 12–14–22; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Establishing an Advisory Council
Pursuant to the National Marine
Sanctuaries Act and Solicitation for
Applications for the Proposed Hudson
Canyon National Marine Sanctuary
Advisory Council
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of solicitation.
AGENCY:
Notice is hereby given that
NOAA is establishing a sanctuary
advisory council (council) for the
proposed Hudson Canyon National
Marine Sanctuary to provide advice and
recommendations to ONMS regarding
the sanctuary’s designation. With this
notice, ONMS is soliciting applications
for seats on the council. ONMS will add
this new council to the list of
established national marine sanctuary
advisory councils.
DATES: Applications for membership on
the proposed Hudson Canyon National
Marine Sanctuary Advisory Council
must be emailed or postmarked by
January 31, 2023.
ADDRESSES: For application submission
or further information contact: Ellen
Brody, NOAA Office of National Marine
Sanctuaries, 4840 South State Road,
Ann Arbor, MI 48108, phone: (734) 276–
6387, email Ellen.Brody@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Section 315 of the National Marine
Sanctuaries Act (NMSA) (16 U.S.C.
1445a) authorizes the Secretary of
Commerce to establish advisory
councils to advise and make
recommendations regarding the
designation and management of national
marine sanctuaries. ONMS is
establishing a new sanctuary advisory
council for the proposed Hudson
Canyon National Marine Sanctuary to
serve as a liaison to the local
community and provide guidance and
advice to ONMS during its designation.
E:\FR\FM\15DEN1.SGM
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Agencies
[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Pages 76611-76613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27221]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results of Countervailing Duty
Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers and exporters of glycine from India received countervailable
subsidies during the period of review (POR), January 1, 2020, through
December 31, 2020.
DATES: Applicable December 15, 2022.
FOR FURTHER INFORMATION CONTACT: Caitlin Monks or Scarlet Jaldin 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) 482-2670 or (202) 482-4275,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2022, Commerce published the preliminary results of this
administrative review in the Federal Register and invited interest
parties to comment.\1\ We received timely case briefs from the
Government of India (GOI) \2\ and GEO Specialty Chemicals, Inc. (the
petitioner),\3\ and timely filed rebuttal briefs from the
petitioner,\4\ and the mandatory respondents in this review, Avid
Organics Private Limited (Avid) \5\ and Kumar Industries, India
(Kumar).\6\ On September 29, 2022, Commerce extended the deadline for
issuing these final results to December 9, 2022.\7\
---------------------------------------------------------------------------
\1\ See Glycine from India: Preliminary Results and Recission,
in Part, of Countervailing Duty Administrative Review; 2020, 87 FR
40494 (July 7, 2022) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ See GOI's Letter, ``Case Brief on behalf of Government of
India,'' dated August 8, 2022.
\3\ See Petitioner's Letter, ``Glycine from India: Case Brief of
GEO Specialty Chemicals, Inc.,'' dated August 8, 2022.
\4\ See Petitioner's Letter, ``Rebuttal Brief of GEO Specialty
Chemicals, Inc.,'' dated August 15, 2022.
\5\ See Avid's Letter, ``AVID's Rebuttal to Petitioner Case
Brief of August 8, 2022,'' dated August 13, 2022.
\6\ See Kumar's Letter, ``Rebuttal Brief to Petitioner's Case
Brief,'' dated August 15, 2022.
\7\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2020,'' dated
September 29, 2022.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is glycine from India. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Glycine from India; 2020,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by parties and discussed in the Issues and Decision
Memorandum is provided as an appendix to this notice. Based on our
analysis of the comments received from interested parties and record
information, we made no changes from the Preliminary Results. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's
[[Page 76612]]
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.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(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 that the subsidy is
specific.\9\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Final Rate for Non-Selected Company Under Review
There is one company subject to this review that was not selected
as a mandatory respondent, i.e., Paras Intermediates Private Ltd.
(Paras).\10\ Because the final subsidy rates calculated for the
mandatory respondents in this review, Avid and Kumar, are above de
minimis and are not based entirely on facts available,\11\ we have
continued to apply to Paras a subsidy rate based on a weighted-average
of the subsidy rates calculated for Avid and Kumar using publicly
ranged sales data for these final results.\12\ This methodology for
establishing the subsidy rate for the non-selected company is
consistent with our practice and with section 705(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\10\ See Preliminary Decision Memorandum.
\11\ The subsidy rates for Avid and Kumar for these final
results of review are unchanged from the Preliminary Results.
\12\ See Issues and Decision Memorandum; see also Memorandum,
``Preliminary Results Calculation of Subsidy Rate for a Non-Selected
Company Under Review,'' dated June 30, 2022 (Non-Selected Rate
Calculation Memorandum).
---------------------------------------------------------------------------
Final Results of Administrative Review
For the period January 1, 2020, through December 31, 2020, we
determine that the following net countervailable subsidy rates exist:
---------------------------------------------------------------------------
\13\ Commerce continues to find that Kumar is cross-owned with
Advance Chemical Corporation; therefore, the same subsidy rate
applies to both companies. See Preliminary Decision Memorandum at 8.
We note that the Initiation Notice references ``Kumar Industries''
which we have determined is the same company as ``Kumar Industries,
India.''
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad valorem)
------------------------------------------------------------------------
Avid Organics Private Limited.............................. 3.00
Kumar Industries, India \13\............................... 3.11
Paras Intermediates Private Ltd............................ 3.06
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of review within five
days of a public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because we have made no changes from the Preliminary Results,
there are no calculations to disclose.
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 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).
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 amounts indicated 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 subject to the
Order, 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 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.
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 and 19 CFR
351.221(b)(5).
Dated: December 9, 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. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available (AFA) to
Kumar
Comment 2: Whether Kumar Received Countervailable Electricity
Subsidies from the State Government of Gujarat (SGOG)
Comment 3: Whether Commerce Should Adjust its Benchmark and
Benefit Calculations for the SGOG Provision of Water for Less than
Adequate Remuneration (LTAR) Program
Comment 4: Whether Avid Used Both the Interest Equalization
Scheme (IES) and the Pre-Shipment and Post-Shipment Finance Programs
Comment 5: Whether Commerce has Conducted an Appropriate Review
Comment 6: Whether the Duty Drawback (DDB) Program Is
Countervailable
Comment 7: Whether the Export Promotion of Capital Goods and
Services (EPCGS) Program Is Countervailable
Comment 8: Whether the Merchandise Export From India Scheme
(MEIS) Program Is Countervailable
Comment 9: Whether the SGOG Electricity Duty Exemption Program
Is Countervailable
Comment 10: Whether the Pre-Shipment and Post-Shipment Finance
Program Is Countervailable
Comment 11: Whether the Interest Subsidy Under Scheme for
Assistance of Micro, Small, and Medium Enterprises (MSMEs) as per
Gujarat Industrial Policy 2009 Program Is Countervailable
Comment 12: Whether the SGOG Provision of Water for LTAR Program
Is Countervailable
[[Page 76613]]
IX. Recommendation
[FR Doc. 2022-27221 Filed 12-14-22; 8:45 am]
BILLING CODE 3510-DS-P