Glycine From Japan: Final Results of Antidumping Duty Administrative; 2020-2021, 78931-78933 [2022-28007]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured or threatened with
material injury by reason of imports of
steel nails from Thailand no later than
45 days after our final determination. If
the ITC determines that such injury
does not exist, this proceeding will be
terminated, and all cash deposits posted
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered or withdrawn from
warehouse for consumption on or after
the effective date of the suspension of
liquidation, as discussed in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Administrative Protective Order
This notice serves as a final reminder
to the parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition 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 violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: December 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
TKELLEY on DSK125TN23PROD with NOTICE
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft or shank length not exceeding
12 inches. Certain steel nails include, but are
not limited to, nails made from round wire
and nails that are cut from flat-rolled steel or
long-rolled flat steel bars. Certain steel nails
may be of one piece construction or
constructed of two or more pieces. Examples
of nails constructed of two or more pieces
include, but are not limited to, anchors
comprised of an anchor body made of zinc
or nylon and a steel pin or a steel nail; crimp
drive anchors; split-drive anchors, and strike
pin anchors. Also included in the scope are
anchors of one piece construction.
Certain steel nails may be produced from
any type of steel, and may have any type of
surface finish, head type, shank, point type
and shaft diameter. Finishes include, but are
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not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank or shaft styles include, but are
not limited to, smooth, barbed, screw
threaded, ring shank and fluted.
Screw-threaded nails subject to this
proceeding are driven using direct force and
not by turning the nail using a tool that
engages with the head. Point styles include,
but are not limited to, diamond, needle,
chisel and blunt or no point. Certain steel
nails may be sold in bulk, or they may be
collated in any manner using any material.
Excluded from the scope are certain steel
nails packaged in combination with one or
more non-subject articles, if the total number
of nails of all types, in aggregate regardless
of size, is less than 25. If packaged in
combination with one or more non-subject
articles, certain steel nails remain subject
merchandise if the total number of nails of
all types, in aggregate regardless of size, is
equal to or greater than 25, unless otherwise
excluded based on the other exclusions
below.
Also excluded from the scope are certain
steel nails with a nominal shaft or shank
length of one inch or less that are a
component of an unassembled article, where
the total number of nails is sixty (60) or less,
and the imported unassembled article falls
into one of the following eight groupings: (1)
Builders’ joinery and carpentry of wood that
are classifiable as windows, French-windows
and their frames; (2) builders’ joinery and
carpentry of wood that are classifiable as
doors and their frames and thresholds; (3)
swivel seats with variable height adjustment;
(4) seats that are convertible into beds (with
the exception of those classifiable as garden
seats or camping equipment); (5) seats of
cane, osier, bamboo or similar materials; (6)
other seats with wooden frames (with the
exception of seats of a kind used for aircraft
or motor vehicles); (7) furniture (other than
seats) of wood (with the exception of (i)
medical, surgical, dental or veterinary
furniture; and (ii) barbers’ chairs and similar
chairs, having rotating as well as both
reclining and elevating movements); or (8)
furniture (other than seats) of materials other
than wood, metal, or plastics (e.g., furniture
of cane, osier, bamboo or similar materials).
The aforementioned imported unassembled
articles are currently classified under the
following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4418.10,
4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50,
9403.60, 9403.81 or 9403.89.
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under HTSUS subheadings 7317.00.2000 and
7317.00.3000.
Also excluded from the scope of this
investigation are nails suitable for use in gasactuated hand tools. These nails have a case
hardness greater than or equal to 50 on the
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78931
Rockwell Hardness C scale (HRC), a carbon
content greater than or equal to 0.5 percent,
a round head, a secondary reduced-diameter
raised head section, a centered shank, and a
smooth symmetrical point.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
subheading 7317.00.1000.
Also excluded from the scope are
decorative or upholstery tacks.
Certain steel nails subject to this
investigation are currently classified under
HTSUS subheadings 7317.00.5501,
7317.00.5502, 7317.00.5503, 7317.00.5505,
7317.00.5507, 7317.00.5508, 7317.00.5511,
7317.00.5518, 7317.00.5519, 7317.00.5520,
7317.00.5530, 7317.00.5540, 7317.00.5550,
7317.00.5560, 7317.00.5570, 7317.00.5580,
7317.00.5590, 7317.00.6530, 7317.00.6560,
and 7317.00.7500. Certain steel nails subject
to this investigation also may be classified
under HTSUS subheadings 7318.15.5090,
7907.00.6000, 8206.00.0000, or other HTSUS
subheadings. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Come Best’s Product
Characteristics
Comment 2: Come Best’s Corrected Surface
Finish Codes
V. Recommendation
[FR Doc. 2022–28017 Filed 12–22–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–878]
Glycine From Japan: Final Results of
Antidumping Duty Administrative;
2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Yuki Gosei Kogyo Co., Ltd. (YGK) and
Nagase & Co., Ltd. (Nagase)
(collectively, YGK/Nagase) made sales
of glycine from Japan at less than
normal value during the period of
review (POR) June 1, 2020, through May
31, 2021.
DATES: Applicable December 23, 2022.
AGENCY:
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78932
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
TKELLEY on DSK125TN23PROD with NOTICE
calculated for all U.S. sales to that
importer or customer and dividing this
amount by the total entered value of the
sales to that importer (or customer).
Where an importer (or customer)specific ad valorem rate is greater than
de minimis, and the respondent has
Estimated reported reliable entered values, we will
weighted- apply the assessment rate to the entered
average
Background
value of the importer’s/customer’s
Producer/exporter
dumping
entries during the POR.
On July 8, 2022, Commerce published
margin
Commerce intends to issue
(percent)
the Preliminary Results.1 A summary of
appropriate assessment instructions
the events that occurred since
directly to CBP no earlier than 35 days
Yuki Gosei Kogyo Co., Ltd./
Commerce published these Preliminary
Nagase & Co., Ltd 4 ................
24.92 after the date of publication of the final
Results, as well as a full discussion of
results of this review in the Federal
the issues raised by parties for these
Register. If a timely summons is filed at
Disclosure
final results, may be found in the Issues
the U.S. Court of International Trade,
We will disclose the calculations
and Decision Memorandum.2
the assessment instructions will direct
performed to parties in this proceeding
The Issues and Decision
CBP not to liquidate relevant entries
within
five
days
after
the
date
of
the
Memorandum is a public document and
until the time for parties to file a request
public
announcement
of
these
final
is on file electronically via Enforcement
for a statutory injunction has expired
results
of
review,
in
accordance
with
19
and Compliance’s Antidumping and
(i.e., within 90 days of publication).
CFR
351.224(b).
Countervailing Duty Centralized
Cash Deposit Requirements
Electronic Service System (ACCESS).
Assessment Rate
ACCESS is available to registered users
The following cash deposit
Commerce shall determine, and
at https://access.trade.gov. In addition, a
requirements will be effective upon
Customs and Border Protection (CBP)
complete version of the Issues and
publication of this notice for all
shall assess, antidumping duties on all
Decision Memorandum can be accessed
shipments of subject merchandise
5
appropriate entries. For any
at https://access.trade.gov/public/
entered, or withdrawn from warehouse,
individually examined respondents
FRNoticesListLayout.aspx.
for consumption on or after the
whose weighted-average dumping
publication of these final results, as
margin is above de minimis (i.e., 0.5
Scope of the Order
provided by section 751(a)(2) of the Act:
percent), we calculated importerThe merchandise covered by this
(1) the cash deposit rate for respondents
specific ad valorem duty assessment
order is glycine. Glycine and glycine
noted above will be equal to the
rates based on the ratio of the total
slurry are classified under Harmonized
weighted-average dumping margins
amount of dumping calculated for the
Tariff Schedule of the United States
established in the final results of this
importer’s examined sales to the total
(HTSUS) subheading 2922.49.43.00.
administrative review; (2) for
entered value of those same sales, in
Sodium glycinate is classified in the
merchandise exported by producers or
accordance with 19 CFR 351.212(b)(1).
HTSUS under 2922.49.80.00. For a
Upon issuance of the final results of this exporters not covered in this
complete description of the scope of the administrative review, if any importeradministrative review but covered in a
order, see the Issues and Decision
prior segment of the proceeding, the
specific assessment rates calculated in
Memorandum.
cash deposit rate will continue to be the
the final results are above de minimis,
company-specific rate published for the
Commerce will issue instructions
Analysis of Comments Received
most recently completed segment of this
directly to CBP to assess antidumping
proceeding; (3) if the exporter is not a
All issues raised in the case and
duties on appropriate entries.
firm covered in this review, a prior
rebuttal briefs by parties to this
To determine whether the duty
review, or the original investigation, but
administrative review are addressed in
assessment rates covering the period
the producer is, the cash deposit rate
the Issues and Decision Memorandum.
were de minimis, in accordance with
will be the rate established for the most
For a list of the issues raised by parties,
the requirement set forth in 19 CFR
recently completed segment of this
see the appendix to this notice.
351.106(c)(2), we calculated importer
proceeding for the producer of the
(or customer)-specific ad valorem rates
Changes Since the Preliminary Results
subject merchandise; and (4) the cash
by aggregating the amount of dumping
deposit rate for all other producers or
Based on our review of the record and
exporters will continue to be 53.66
comments received from interested
4 Based on the record information, Commerce
percent, the all-others rate established
parties, we made certain changes to the
preliminarily determined that Nagase and YGK are
affiliated within the meaning of section 771(33)(E)
in the less-than-fair-value
margin calculations for YGK/Nagase.3
of Tariff Act of 1930, as amended (the Act), and
investigation.6 These cash deposit
should be treated as a single entity pursuant to 19
requirements,
when imposed, shall
1 See Glycine from Japan: Preliminary Results of
CFR 351.401(f). See Preliminary Results. No party
remain in effect until further notice.
Antidumping Duty Administrative Review, 2020–
commented on our preliminary determination with
FOR FURTHER INFORMATION CONTACT:
John
Drury, 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) 482–0195.
SUPPLEMENTARY INFORMATION:
Final Results of the Administrative
Review
We determine that the following
estimated weighted-average dumping
margins exist for the period June 1,
2020, through May 31, 2021:
2021, 87 FR 40788 (July 8, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Glycine from Japan; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Issues and Decision Memorandum at
Comments 3b and 4.
respect to this issue, and we have received no new
information regarding this issue. Therefore, we
determine that Nagase and YGK are affiliated
within the meaning of section 771(33)(E) of the Act.
5 In these final results, Commerce applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
6 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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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
did occur and the subsequent
assessment of doubled antidumping
duties.
Scope Comments
International Trade Administration
On July 5, 2022, we issued the
Preliminary Scope Decision
Memorandum.3 The scope case briefs
were due on July 19, 2022.4 We did not
receive any scope case briefs from
interested parties. Therefore, Commerce
has not made any changes to the scope
of this investigation since the
Preliminary Determination.
[A–542–804]
Certain Steel Nails From Sri Lanka:
Final Negative Determination of Sales
at Less Than Fair Value
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
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 the return/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
Background
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
On August 4, 2022, Commerce
published in the Federal Register its
preliminary negative determination in
the LTFV investigation of steel nails
from Sri Lanka, in which it also
postponed the final determination until
December 19, 2022.1 Commerce invited
interested parties to comment on the
Preliminary Determination.
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 The Issues and
Decision Memorandum is a public
document and is available 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.
Dated: December 15, 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. Discussion of the Issues
Comment 1: Costs of Production
Comment 2: Adjustment of U.S. Indirect
Selling Expense Ratio
Comment 3: Adjustment of General and
Administrative Expenses
Comment 4: U.S. Repacking Expense
V. Recommendation
[FR Doc. 2022–28007 Filed 12–22–22; 8:45 am]
BILLING CODE 3510–DS–P
TKELLEY on DSK125TN23PROD with NOTICE
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain steel nails (steel nails) from Sri
Lanka are not being, nor are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 1, 2020,
through September 30, 2021.
DATES: Applicable December 23, 2022.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805.
SUPPLEMENTARY INFORMATION:
Administrative Protective Order
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20:36 Dec 22, 2022
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78933
AGENCY:
1 See Certain Steel Nails from Sri Lanka:
Preliminary Negative Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 87 FR 47701 (August 4, 2022)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Negative Determination of Sales at LessThan-Fair-Value in the Investigation of Certain
Steel Nails from Sri Lanka,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
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Scope of the Investigation
The product covered by this
investigation is steel nails from Sri
Lanka. For a complete description of the
scope of this investigation, see
Appendix I.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation
pursuant to section 782(i) of the Tariff
Act of 1930, as amended (the Act).
Accordingly, we took additional steps in
lieu of an on-site verification and
requested additional documentation and
information.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Decision Memorandum is attached to
this notice as Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made a change
to the margin calculation for Trinity
Steel Private Limited since the
Preliminary Determination. For a
discussion of the change, see the Issues
and Decision Memorandum.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margin exists for the POI:
3 See Memorandum, ‘‘Antidumping Duty
Investigations of Certain Steel Nails from India, Sri
Lanka, Thailand, and Turkey and Countervailing
Duty Investigations of Certain Steel Nails from
India, Oman, Sri Lanka, Thailand, and Turkey:
Preliminary Scope Decision Memorandum,’’ dated
July 5, 2022 (Preliminary Scope Decision
Memorandum).
4 Id at 4.
5 See Commerce’s Letter, ‘‘Questionnaire in Lieu
of Verification,’’ dated October 3, 2022.
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]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78931-78933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28007]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Final Results of Antidumping Duty
Administrative; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Yuki Gosei Kogyo Co., Ltd. (YGK) and Nagase & Co., Ltd. (Nagase)
(collectively, YGK/Nagase) made sales of glycine from Japan at less
than normal value during the period of review (POR) June 1, 2020,
through May 31, 2021.
DATES: Applicable December 23, 2022.
[[Page 78932]]
FOR FURTHER INFORMATION CONTACT: John Drury, 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) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On July 8, 2022, Commerce published the Preliminary Results.\1\ A
summary of the events that occurred since Commerce published these
Preliminary Results, as well as a full discussion of the issues raised
by parties for these final results, may be found in the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Glycine from Japan: Preliminary Results of Antidumping
Duty Administrative Review, 2020-2021, 87 FR 40788 (July 8, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Glycine from Japan; 2020-2021,'' dated concurrently with,
and hereby adopted by, this notice (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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by this order is glycine. Glycine and
glycine slurry are classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is
classified in the HTSUS under 2922.49.80.00. For a complete description
of the scope of the order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. For a list of the issues raised by parties, see the
appendix to this notice.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for YGK/Nagase.\3\
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum at Comments 3b and 4.
---------------------------------------------------------------------------
Final Results of the Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period June 1, 2020, through May 31, 2021:
---------------------------------------------------------------------------
\4\ Based on the record information, Commerce preliminarily
determined that Nagase and YGK are affiliated within the meaning of
section 771(33)(E) of Tariff Act of 1930, as amended (the Act), and
should be treated as a single entity pursuant to 19 CFR 351.401(f).
See Preliminary Results. No party commented on our preliminary
determination with respect to this issue, and we have received no
new information regarding this issue. Therefore, we determine that
Nagase and YGK are affiliated within the meaning of section
771(33)(E) of the Act.
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd \4\............ 24.92
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days after the date of the public announcement
of these final results of review, in accordance with 19 CFR 351.224(b).
Assessment Rate
Commerce shall determine, and Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.\5\ For any
individually examined respondents whose weighted-average dumping margin
is above de minimis (i.e., 0.5 percent), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales, in accordance with 19 CFR
351.212(b)(1). Upon issuance of the final results of this
administrative review, if any importer-specific assessment rates
calculated in the final results are above de minimis, Commerce will
issue instructions directly to CBP to assess antidumping duties on
appropriate entries.
---------------------------------------------------------------------------
\5\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
---------------------------------------------------------------------------
To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer (or customer)-specific ad valorem
rates by aggregating the amount of dumping calculated for all U.S.
sales to that importer or customer and dividing this amount by the
total entered value of the sales to that importer (or customer). Where
an importer (or customer)-specific ad valorem rate is greater than de
minimis, and the respondent has reported reliable entered values, we
will apply the assessment rate to the entered value of the importer's/
customer's entries during the POR.
Commerce intends to issue appropriate assessment instructions
directly 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
The following cash deposit requirements will be effective upon
publication of this notice for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication of these final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rate for respondents noted above will be
equal to the weighted-average dumping margins established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
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 subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 53.66 percent, the all-others rate established in the less-than-
fair-value investigation.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\6\ 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 Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
[[Page 78933]]
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties did occur and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or 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 the return/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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: December 15, 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. Discussion of the Issues
Comment 1: Costs of Production
Comment 2: Adjustment of U.S. Indirect Selling Expense Ratio
Comment 3: Adjustment of General and Administrative Expenses
Comment 4: U.S. Repacking Expense
V. Recommendation
[FR Doc. 2022-28007 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P
