Glycine From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2021, 42298-42300 [2023-13964]
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42298
Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
Comment 14: Whether Commerce Should
Use SeAH’s Reported Surrogate Costs
Comment 15: SeAH’s Constructed Export
Price Offset
Comment 16: Differential Pricing
Methodology
Comment 17: SeAH’s Assessment Rates
V. Recommendation
Appendix II
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) 482–4275 or
(202) 482–7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce
published the countervailing duty order
on glycine from India.1 On June 3, 2022,
Commerce published in the Federal
Register a notice of initiation of an
administrative review of the Order.2
Between June 27 and 30, 2022,
Commerce received timely requests for
administrative reviews of several
companies from various interested
parties, in accordance with section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.213(b)(1).3 On August 9, 2022,
based on these timely requests for
review, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published in
the Federal Register a notice of
initiation of the Order covering five
producers/exporters.4 On September 23,
2022, Paras withdrew its request for
review of itself.5 On November 7, 2022,
Avid timely withdrew its request for
review of itself 6 and the petitioner
timely withdrew its request for an
administrative review of Avid.7 On
November 9, 2022, Commerce notified
interested parties of its intent to rescind
the review, in part, with respect to
Avid.8 On February 27, 2023, Commerce
extended the time period for issuing
List of Companies Not Selected for
Individual Review Receiving the ReviewSpecific Rate
1. AJU BESTEEL Co., Ltd.
2. BDP International, Inc.
3. Daewoo International Corporation
4. Dong Yang Steel Pipe
5. Dongbu Incheon Steel Co.
6. Dongbu Steel Co., Ltd.
7. Dongkuk Steel Mill
8. EEW Korea Co., Ltd.
9. Husteel Co., Ltd.
10. Hyundai RB Co. Ltd.
11. Hyundai Steel Company/Hyundai
HYSCO
12. Kelly Pipe Co., LLC
13. Keonwoo Metals Co., Ltd.
14. Kolon Global Corp.
15. Korea Cast Iron Pipe Ind. Co., Ltd.
16. Kurvers Piping Italy S.R.L.
17. Miju Steel MFG Co., Ltd.
18. MSTEEL Co., Ltd.
19. Poongsan Valinox (Valtimet Division)
20. POSCO
21. POSCO Daewoo
22. R&R Trading Co. Ltd.
23. Sam Kang M&T Co., Ltd.
24. Sin Sung Metal Co., Ltd.
25. SK Networks
26. Soon-Hong Trading Company
27. Steel Flower Co., Ltd.
28. TGS Pipe
29. Tokyo Engineering Korea Ltd.
[FR Doc. 2023–13965 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–884]
Glycine From India: Preliminary
Results of Countervailing Duty
Administrative Review and Rescission,
in Part; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that countervailable subsidies are
being provided to producers and
exporters of glycine from India during
the period of review, January 1, 2021,
through December 31, 2021. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Scarlet Jaldin or Harrison Tanchuck,
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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19:33 Jun 29, 2023
Jkt 259001
1 See Glycine from India and the People’s
Republic of China: Countervailing Duty Orders, 84
FR 29173 (June 21, 2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459, 48463 (August 9, 2022) (Initiation Notice).
3 See Kumar Industries, India’s (Kumar) Letter,
‘‘Request for Administrative Review of
Countervailing Duty,’’ dated June 27, 2022; see also
Paras Intermediates Private Limited’s (Paras) Letter,
‘‘Request for Countervailing Duty Administrative
Review,’’ dated June 28, 2022; Avid Organics
Private Limited’s (Avid) Letter, ‘‘Request for
Countervailing Duty Administrative Review,’’ dated
June 28, 2022; and GEO Specialty Chemicals, Inc.’s
(the petitioner) Letter, ‘‘Request for Administrative
Review,’’ dated June 30, 2022.
4 See Initiation Notice, 87 FR at 48463.
5 See Paras’ Letter, ‘‘Withdrawal of Review
Request for Countervailing Duty Administrative
Review,’’ dated September 23, 2022 (Paras
Withdrawal of Review Request).
6 See Avid’s Letter, ‘‘Withdrawal of Review
Request for Countervailing Duty Administrative
Review,’’ dated November 7, 2022 (Avid
Withdrawal of Review Request).
7 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated
November 7, 2022 (Petitioner Withdrawal of Review
Request).
8 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated November 9, 2022.
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Sfmt 4703
these preliminary results by 119 days, in
accordance with section 751(a)(3)(A) of
the Act, to no later than June 29, 2023.9
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.10 A list of
topics discussed in the Preliminary
Decision Memorandum is included as
an appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
timely-filed letters withdrawing the
requests from Avid, Paras, and the
petitioner, pursuant to 19 CFR
351.213(d)(1).11 Because the withdrawal
letters were timely filed, and no other
party requested a review of the
companies listed in the withdrawal
letters, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
Avid and Paras.
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 Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Act. For each of the subsidy
programs found to be countervailable,
we preliminarily find that there is a
subsidy, i.e., a financial contribution
9 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated February 27, 2023.
10 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on
Glycine from India; 2021,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
11 See Avid Withdrawal of Review Request; see
also Petitioner Withdrawal of Review Request; and
Paras Withdrawal of Review Request.
E:\FR\FM\30JNN1.SGM
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.12 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Companies Not Selected for Individual
Review
There are two companies for which a
review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with the mandatory
respondent (Kumar): Rudraa
International; and Rexisize Rasayan
Industries. The Act and Commerce’s
regulations do not directly address the
subsidy rate to be applied to companies
not selected for individual examination
where Commerce limits its examination
in an administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) of the Act articulates a
preference that we are not to calculate
an all-others rate using rates which are
zero, de minimis, or based entirely on
facts available. Accordingly,
Commerce’s usual practice in
determining the rate for non-examined
respondents has been to weight-average
the net subsidy rates for the selected
companies, excluding rates that are
zero, de minimis, or based entirely on
facts available.13
For these preliminary results, Kumar
is the sole mandatory respondent with
a calculated rate above de minimis that
is not based entirely on facts available.
Therefore, we are preliminarily
assigning Kumar’s net countervailable
subsidy rate to the two remaining, nonexamined companies, for which an
individual rate was not calculated:
Rudraa International; and Rexisize
Rasayan Industries.
12 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.
13 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37387 (June 29,
2010).
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19:33 Jun 29, 2023
Jkt 259001
Preliminary Results of Review
For the period January 1, 2021,
through December 31, 2021, we
preliminarily find that the following net
subsidy rates exist:
Subsidy rate
(percent ad
valorem)
Company
42299
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit instructions, when imposed,
shall remain in effect until further
notice.
Disclosure
Commerce intends to disclose to
parties to this proceeding the
Kumar Industries,
.....
6.03
Rudraa International .............
6.03 calculations performed in reaching the
Rexisize Rasayan Industries
6.03 preliminary results within five days of
the date of publication of these
preliminary results, in accordance with
Assessment Rate
19 CFR 351.224(b).
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon Public Comment
issuance of the final results, Commerce
Case briefs or other written
shall determine, and U.S. Customs and
documents may be submitted to the
Border Protection (CBP) shall assess,
Assistant Secretary for Enforcement and
countervailing duties on all appropriate Compliance no later than 30 days after
entries covered by this review. For
the date of publication of this Federal
companies for which this review is
Register notice. Rebuttal briefs, limited
rescinded, Commerce will instruct CBP
to issues raised in case briefs, may be
to assess countervailing duties on all
submitted within seven days after the
appropriate entries at a rate equal to the time limit for filing case briefs.15
cash deposit of estimated countervailing Pursuant to 19 CFR 351.309(c)(2) and 19
duties required at the time of entry, or
CFR 351.309(d)(2), parties which submit
withdrawal from warehouse, for
arguments are requested to submit with
consumption during period January 1,
each argument: (1) a statement of the
2021, through December 31, 2021, in
issue; (2) a brief summary of the
accordance with 19 CFR
argument; and (3) a table of
351.212(c)(1)(i). For the companies
authorities.16 Note that Commerce has
remaining in the review, Commerce
temporarily modified certain of its
intends to issue assessment instructions requirements for serving documents
to CBP no earlier than 35 days after the
containing business proprietary
date of publication of the final results of information, until further notice.17
this review in the Federal Register. If a
Pursuant to 19 CFR 351.310(c),
timely summons is filed at the U.S.
interested parties who wish to request a
Court of International Trade, the
hearing, limited to issues raised in the
assessment instructions will direct CBP
case and rebuttal briefs, must do so
not to liquidate relevant entries until the
within 30 days of publication of this
time for parties to file a request for a
notice by submitting a written request to
statutory injunction has expired (i.e.,
the Assistant Secretary for Enforcement
within 90 days of publication).
and Compliance.18 Hearing requests
Cash Deposit Requirements
should contain: (1) the party’s name,
address, and telephone number; (2) the
Pursuant to section 751(a)(1) of the
number of participants and whether a
Act, Commerce intends, upon
participant is a foreign national; and (3)
publication of the final results, to
a list of the issues to be discussed. If a
instruct CBP to collect cash deposits of
request for a hearing is made, Commerce
estimated countervailing duties in the
intends to hold the hearing at a time and
amounts shown for each of the
date to be determined. Parties should
respondents listed above on shipments
confirm by telephone the date and time
of subject merchandise entered, or
of the hearing two days before the
withdrawn from warehouse, for
scheduled date.
consumption on or after the date of
Parties are reminded that all briefs
publication of the final results of this
and hearing requests must be filed
administrative review. For all nonreviewed firms, Commerce will instruct electronically using ACCESS and that
CBP to continue to collect cash deposits electronically filed documents must be
of estimated countervailing duties at the
India 14
14 In
this review, Commerce found the following
company to be cross-owned with Kumar: Advance
Chemical Corporation. See Preliminary Decision
Memorandum; see also Memorandum, ‘‘Preliminary
Results Calculation Memorandum for Kumar
Industries, India,’’ dated concurrently with this
notice.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
15 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also 19 CFR 351.303 (for general filing
requirements).
16 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See 19 CFR 351.310(c).
E:\FR\FM\30JNN1.SGM
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42300
Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rescission of Administrative Review, In
Part
VI. Rate for Non-Examined Companies
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–13964 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–916, C–508–815, C–580–917]
Brass Rod From India, Israel, and the
Republic of Korea: Postponement of
Preliminary Determinations in the
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom (India), Zachary Shaykin
(Israel), and Jacob Saude (the Republic
of Korea), AD/CVD Operations, Offices
I, IV, and VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5075, (202) 482–2638, or
(202) 482–0981, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
19:33 Jun 29, 2023
Jkt 259001
Background
On May 17, 2023, the U.S.
Department of Commerce (Commerce)
initiated countervailing duty (CVD)
investigations of imports of brass rod
from India, Israel, and the Republic of
Korea (Korea).1 Currently, the
preliminary determinations are due no
later than July 21, 2023.
Postponement of Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act) requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) the petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On June 22, 2023, the petitioners
submitted a timely request that
Commerce postpone the preliminary
determinations in these investigations.2
The petitioners stated that additional
time is needed to collect the necessary
information for the preliminary
determinations.3
In accordance with 19 CFR
351.205(e), the petitioners have stated
the reasons for requesting a
postponement of the preliminary
determinations, and Commerce finds no
compelling reason to deny the request.
Therefore, in accordance with section
703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the
preliminary determinations to no later
than 130 days after the date on which
these investigations were initiated, i.e.,
1 See
Brass Rod From India, Israel, and the
Republic of Korea: Initiation of Countervailing Duty
Investigations, 88 FR 33566 (May 24, 2023).
2 See Petitioners’ Letters, ‘‘Request to Extend CVD
Preliminary Determination,’’ dated June 22, 2023.
The petitioners are Mueller Brass Co. and Wieland
Chase LLC, collectively, the American Brass Rod
Fair Trade Coalition.
3 Id.
PO 00000
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September 25, 2023.4 Pursuant to
section 705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of the preliminary determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–13956 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole producer/
exporter subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
August 1, 2021, through July 31, 2022.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Andrew Hart, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–1058,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, based on a
timely request for review, in accordance
with 19 CFR 351.221(c)(1)(i), we
initiated an administrative review on
low melt polyester staple fiber (low melt
4 The deadline for the preliminary determinations
falls on Sunday, September 24, 2023. Commerce’s
practice dictates that where a deadline falls on a
weekend or Federal holiday, the appropriate
deadline is the next business day (in this instance,
Monday, September 25, 2023). See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
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]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42298-42300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13964]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Results of Countervailing Duty
Administrative Review and Rescission, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies are being provided to producers and
exporters of glycine from India during the period of review, January 1,
2021, through December 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or 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) 482-4275 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce published the countervailing duty order
on glycine from India.\1\ On June 3, 2022, Commerce published in the
Federal Register a notice of initiation of an administrative review of
the Order.\2\ Between June 27 and 30, 2022, Commerce received timely
requests for administrative reviews of several companies from various
interested parties, in accordance with section 751(a)(1) of the Tariff
Act of 1930, as amended (the Act) and 19 CFR 351.213(b)(1).\3\ On
August 9, 2022, based on these timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published in the
Federal Register a notice of initiation of the Order covering five
producers/exporters.\4\ On September 23, 2022, Paras withdrew its
request for review of itself.\5\ On November 7, 2022, Avid timely
withdrew its request for review of itself \6\ and the petitioner timely
withdrew its request for an administrative review of Avid.\7\ On
November 9, 2022, Commerce notified interested parties of its intent to
rescind the review, in part, with respect to Avid.\8\ On February 27,
2023, Commerce extended the time period for issuing these preliminary
results by 119 days, in accordance with section 751(a)(3)(A) of the
Act, to no later than June 29, 2023.\9\
---------------------------------------------------------------------------
\1\ See Glycine from India and the People's Republic of China:
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459, 48463 (August 9, 2022)
(Initiation Notice).
\3\ See Kumar Industries, India's (Kumar) Letter, ``Request for
Administrative Review of Countervailing Duty,'' dated June 27, 2022;
see also Paras Intermediates Private Limited's (Paras) Letter,
``Request for Countervailing Duty Administrative Review,'' dated
June 28, 2022; Avid Organics Private Limited's (Avid) Letter,
``Request for Countervailing Duty Administrative Review,'' dated
June 28, 2022; and GEO Specialty Chemicals, Inc.'s (the petitioner)
Letter, ``Request for Administrative Review,'' dated June 30, 2022.
\4\ See Initiation Notice, 87 FR at 48463.
\5\ See Paras' Letter, ``Withdrawal of Review Request for
Countervailing Duty Administrative Review,'' dated September 23,
2022 (Paras Withdrawal of Review Request).
\6\ See Avid's Letter, ``Withdrawal of Review Request for
Countervailing Duty Administrative Review,'' dated November 7, 2022
(Avid Withdrawal of Review Request).
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated November 7, 2022 (Petitioner
Withdrawal of Review Request).
\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated November 9, 2022.
\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
February 27, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\10\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\10\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Glycine from India; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
letters withdrawing the requests from Avid, Paras, and the petitioner,
pursuant to 19 CFR 351.213(d)(1).\11\ Because the withdrawal letters
were timely filed, and no other party requested a review of the
companies listed in the withdrawal letters, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to Avid and Paras.
---------------------------------------------------------------------------
\11\ See Avid Withdrawal of Review Request; see also Petitioner
Withdrawal of Review Request; and Paras Withdrawal of Review
Request.
---------------------------------------------------------------------------
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 Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found to be
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution
[[Page 42299]]
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\12\ For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
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\12\ 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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Companies Not Selected for Individual Review
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with the mandatory respondent (Kumar): Rudraa
International; and Rexisize Rasayan Industries. The Act and Commerce's
regulations do not directly address the subsidy rate to be applied to
companies not selected for individual examination where Commerce limits
its examination in an administrative review pursuant to section
777A(e)(2) of the Act. However, Commerce normally determines the rates
for non-selected companies in reviews in a manner that is consistent
with section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act articulates a
preference that we are not to calculate an all-others rate using rates
which are zero, de minimis, or based entirely on facts available.
Accordingly, Commerce's usual practice in determining the rate for non-
examined respondents has been to weight-average the net subsidy rates
for the selected companies, excluding rates that are zero, de minimis,
or based entirely on facts available.\13\
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\13\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37387
(June 29, 2010).
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For these preliminary results, Kumar is the sole mandatory
respondent with a calculated rate above de minimis that is not based
entirely on facts available. Therefore, we are preliminarily assigning
Kumar's net countervailable subsidy rate to the two remaining, non-
examined companies, for which an individual rate was not calculated:
Rudraa International; and Rexisize Rasayan Industries.
Preliminary Results of Review
For the period January 1, 2021, through December 31, 2021, we
preliminarily find that the following net subsidy rates exist:
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\14\ In this review, Commerce found the following company to be
cross-owned with Kumar: Advance Chemical Corporation. See
Preliminary Decision Memorandum; see also Memorandum, ``Preliminary
Results Calculation Memorandum for Kumar Industries, India,'' dated
concurrently with this notice.
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Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Kumar Industries, India \14\............................ 6.03
Rudraa International.................................... 6.03
Rexisize Rasayan Industries............................. 6.03
------------------------------------------------------------------------
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption during period January 1, 2021, through December 31, 2021,
in accordance with 19 CFR 351.212(c)(1)(i). For the companies remaining
in the 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
Pursuant to section 751(a)(1) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respondents 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 all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit instructions, when imposed, shall remain in effect until
further notice.
Disclosure
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results, in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of this Federal Register notice.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted within seven days after the time limit for filing case
briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and 19 CFR 351.309(d)(2),
parties which submit arguments are requested to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\16\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
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\15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\16\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must do so within 30 days of publication of this notice by
submitting a written request to the Assistant Secretary for Enforcement
and Compliance.\18\ Hearing requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether a participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
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\18\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and that electronically filed
documents must be
[[Page 42300]]
received successfully in their entirety by 5 p.m. Eastern Time on the
due date.
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of the issues raised by the parties in their comments, no
later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rescission of Administrative Review, In Part
VI. Rate for Non-Examined Companies
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-13964 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P
