Glycine From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 43273-43275 [2023-14393]
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
separate rate, the cash deposit rate will
be equal to the weighted-average
dumping margin established in the final
results of this review (except, if the rate
is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), then
a cash deposit rate of zero will be
established for that company); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that are currently eligible
for a separate rate, the cash deposit rate
will continue to be equal to the
exporter-specific weighted-average
dumping margin published for the most
recently completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity, 285.63 percent; and
(4) for all exporters of subject
merchandise that are not located in
China and that are not eligible for a
separate rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results 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).
ddrumheller on DSK120RN23PROD with NOTICES1
Dated: June 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustments Under Section 777A(f) of the
Act
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Jkt 259001
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–14432 Filed 7–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–878]
Glycine From Japan: 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
finds that producers or exporters subject
to this administrative review did not
make sales of subject merchandise at
less than normal value during the
period of review June 1, 2021, through
May 31, 2022. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: John
K. 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:
AGENCY:
Scope of the Order
The merchandise subject to the Order
is glycine. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.5
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. Export price and constructed
export price are calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margin exists for the period
June 1, 2021, through May 31, 2022.
Background
On June 21, 2019, Commerce
published the antidumping duty order
on glycine from Japan.1 On June 3, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On August 9, 2022, Commerce
published the notice of initiation of the
administrative review of the Order.3 On
February 24, 2023, Commerce extended
the time limit for these preliminary
results to June 30, 2023, in accordance
with section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act).4
1 See Glycine from India and Japan: Amended
Final Affirmative Antidumping Duty Determination
and Antidumping Duty Orders, 84 FR 29170 (June
21, 2019) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 33706, 33708 (June 3,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459, 48462 (August 9, 2022) (Initiation Notice).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 24, 2023.
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43273
Producer/exporter
Yuki Gosei Kogyo Co., Ltd./
Nagase & Co., Ltd.6 ..........
Estimated
weightedaverage
dumping
margin
(percent)
0.00
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this
administrative review within five days
after public announcement of the
preliminary results, in accordance with
19 CFR 351.224(b).
5 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022: Glycine from
Japan,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 As explained in the Preliminary Decision
Memorandum, based on the record information,
Commerce preliminarily determines that Nagase &
Co., Ltd. and Yuki Gosei Kogyo Co., Ltd. are
affiliated within the meaning of section 771(33)(E)
of the Act and should be treated as a single entity
pursuant to 19 CFR 351.401(f) for these preliminary
results of review.
E:\FR\FM\07JYN1.SGM
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43274
Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.7 Commerce has modified certain
of its requirements for serving
documents containing business
proprietary information until further
notice.8 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to those raised in the respective
case briefs. If a request for a hearing is
made, Commerce intends to hold the
hearing at a time and date to be
determined. An electronically filed
hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.10
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries.11 If the weightedaverage dumping margin for Yuki Gosei
Kogyo Co., Ltd./Nagase & Co., Ltd. is not
7 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
9 See 19 CFR 351.303 (for general filing
requirements).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.212(b)(1).
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18:55 Jul 06, 2023
Jkt 259001
zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, we will calculate an importerspecific assessment rate. Where the
respondent reported reliable entered
values, Commerce intends to calculate
importer/customer-specific ad valorem
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1).12 Where the respondent
did not report entered values, in
accordance with 19 CFR 351.212(b)(1),
Commerce will calculate importer/
customer-specific assessment rates by
dividing the amount of dumping for
reviewed sales to the importer/customer
by the total quantity of those sales.
Commerce will calculate an estimated
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported. Where
an importer/customer-specific ad
valorem assessment rate is not zero or
de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. If Yuki Gosei
Kogyo Co., Ltd./Nagase & Co., Ltd.’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, or if an importer-specific
assessment rate for one of these
companies is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.13 For entries of
subject merchandise during the period
of review produced by any of these
companies for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries.14
Consistent with its recent notice,15
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
12 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
13 Id. at 8102–03; see also 19 CFR 351.106(c)(2).
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
15 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication). The final results of this
administrative review shall be the basis
for the assessment of antidumping
duties on entries of merchandise under
review and for future cash deposits of
estimated antidumping duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of glycine from Japan entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for companies subject to this review
will be equal to the company-specific
weighted-average dumping margin
established in the final results of the
review; (2) for merchandise exported by
a company not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the completed segment for
the most recent period; (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 in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will be 53.66 percent, the
all-others rate established in the lessthan-fair-value investigation.16 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
16 See Glycine from India and Japan: Amended
Final Affirmative Antidumping Duty Determination
and Antidumping Duty Orders, 84 FR 29170, 29171
(June 21, 2019).
E:\FR\FM\07JYN1.SGM
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221.
Dated: June 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–14393 Filed 7–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Hydrofluorocarbon Blends From the
People’s Republic of China: Initiation
of Circumvention Inquiries on the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
the American HFC Coalition (the
petitioner), the U.S. Department of
Commerce (Commerce) is initiating four
country-wide circumvention inquiries
to determine whether: (1) U.S. imports
from the People’s Republic of China
(China) of R–410B, R–407G, and a
custom blend, which are further
processed in the United States, are
circumventing the antidumping duty
(AD) order on hydrofluorocarbon (HFC)
blends from China; (2) U.S. imports
from Malaysia of R–410A and R–407C,
which are completed in Malaysia using
Chinese components, are circumventing
the AD order on HFC blends from
China; (3) U.S. imports of R–410B from
Turkey, which are completed in Turkey
using Chinese components and further
processed in the United States, are
circumventing the AD order on HFC
blends from China; and (4) U.S. imports
of R–410A from Turkey, which are
completed in Turkey using Chinese
components, are circumventing the AD
order on HFC blends from China.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen or Melissa Porpotage,
AD/CVD Operations, Office II,
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:55 Jul 06, 2023
Jkt 259001
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251 or
(202) 482–1413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15 and 16, 2023, pursuant to
sections 781(a) and 781(b) of the Tariff
Act of 1930, as amended, (the Act) and
19 CFR 351.226(c), the American HFC
Coalition filed circumvention inquiry
requests alleging that HFC blends from
China, which are further processed in
the United States, and HFC blends
completed in Malaysia or Turkey from
Chinese components are circumventing
the order 1 and, accordingly, should be
included within the scope of the Order.2
On June 9, 2023, we extended the
deadline to initiate these circumvention
inquiries, in accordance with 19 CFR
351.226(d)(1).3 On June 9, 2023,
Commerce issued supplemental
questionnaires to the American HFC
Coalition.4 On June 14, 2023, the
American HFC Coalition responded to
our supplemental questionnaires.5
Scope of the Order
The products subject to the Order are
HFC blends. HFC blends covered by the
scope are R–404A, a zeotropic mixture
consisting of 52 percent 1,1,1Trifluoroethane, 44 percent
Pentafluoroethane, and 4 percent
1,1,1,2-Tetrafluoroethane; R–407A, a
zeotropic mixture of 20 percent
Difluoromethane, 40 percent
Pentafluoroethane, and 40 percent
1 See Hydrofluorocarbon Blends and Components
Thereof from the People’s Republic of China:
Antidumping Duty Order, 81 FR 55436 (August 19,
2016) (Order).
2 See American HFC Coalition’s Letters, ‘‘Request
to Initiate Anti-Circumvention Inquiry with Respect
to Imports of R410B, R–407G, and Certain ‘Custom’
HFC Blends from China,’’ and ‘‘Request to Initiate
Anti-Circumvention Inquiries with Respect to
Imports of R–410A and R–407C Blended in
Malaysia,’’ dated May 15, 2023; and ‘‘Request to
Initiate Anti-Circumvention Inquiries with Respect
to Imports of R–410A and R–410B from Turkey
Pursuant to Sections 781(a) and (b) of the Act,’’
dated May 16, 2023 (collectively, Inquiry Requests).
3 See Memorandum, ‘‘Extension of Time to
Determine Whether to Initiate Circumvention
Inquiry,’’ dated June 9, 2023.
4 See Commerce’s Letters, ‘‘U.S. Custom Blends
Circumvention Inquiry Request Supplemental
Questionnaire,’’ ‘‘Custom Blends from Malaysia
Circumvention Inquiry Request Supplemental
Questionnaire,’’ and ‘‘Custom Blends from Turkey
Circumvention Inquiry Request Supplemental
Questionnaire,’’ dated June 9, 2023.
5 See American HFC Coalition’s Letters,
‘‘Response to Circumvention Supplemental
Questionnaire—United States,’’ ‘‘Response to
Circumvention Supplemental Questionnaire—
Malaysia,’’ and ‘‘Response to Circumvention
Supplemental Questionnaire—Turkey,’’ dated June
14, 2023.
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43275
1,1,1,2-Tetrafluoroethane; R–407C, a
zeotropic mixture of 23 percent
Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent
1,1,1,2-Tetrafluoroethane; R–410A, a
zeotropic mixture of 50 percent
Difluoromethane and 50 percent
Pentafluoroethane; and R–507A, an
azeotropic mixture of 50 percent
Pentafluoroethane and 50 percent 1,1,1Trifluoroethane also known as R–507.
The foregoing percentages are nominal
percentages by weight. Actual
percentages of single component
refrigerants by weight may vary by plus
or minus two percent points from the
nominal percentage identified above.6
Any blend that includes an HFC
component other than R–32, R–125, R–
143a, or R–134a is excluded from the
scope of the Order.
Excluded from the Order are blends of
refrigerant chemicals that include
products other than HFCs, such as
blends including chlorofluorocarbons
(CFCs), hydrochlorofluorocarbons
(HCFCs), hydrocarbons (HCs), or
hydrofluoroolefins (HFOs).
Also excluded from the Order are
patented HFC blends, including, but not
limited to, ISCEON® blends, including
MO99TM (R–438A), MO79 (R–422A),
MO59 (R–417A), MO49PlusTM (R–
437A) and MO29TM (R–4 22D),
Genetron® PerformaxTM LT (R–407F),
Choice® R–421A, and Choice® R–421B.
HFC blends covered by the scope of
the Order are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings
3827.61.0000, 3827.63.0000,
3827.64.0000, 3827.65.0000,
3827.68.0000, 3827.69.0000. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope is
dispositive.7
6 R–404A is sold under various trade names,
including Forane® 404A, Genetron® 404A,
Solkane® 404A, Klea® 404A, and Suva®404A. R–
407A is sold under various trade names, including
Forane® 407A, Solkane® 407A, Klea®407A, and
Suva®407A. R–407C is sold under various trade
names, including Forane® 407C, Genetron® 407C,
Solkane® 407C, Klea® 407C and Suva® 407C. R–
410A is sold under various trade names, including
EcoFluor R410, Forane® 410A, Genetron® R410A
and AZ–20, Solkane® 410A, Klea® 410A, Suva®
410A, and Puron®. R–507A is sold under various
trade names, including Forane® 507, Solkane® 507,
Klea®507, Genetron®AZ–50, and Suva®507. R–32 is
sold under various trade names, including
Solkane®32, Forane®32, and Klea®32. R–125 is sold
under various trade names, including Solkane®125,
Klea®125, Genetron®125, and Forane®125. R–143a
is sold under various trade names, including
Solkane®143a, Genetron®143a, and Forane®125.
7 See Order.
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]]>Agencies
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43273-43275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14393]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers or exporters subject to this administrative review did
not make sales of subject merchandise at less than normal value during
the period of review June 1, 2021, through May 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: John K. 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 June 21, 2019, Commerce published the antidumping duty order on
glycine from Japan.\1\ On June 3, 2022, Commerce published in the
Federal Register a notice of opportunity to request an administrative
review of the Order.\2\ On August 9, 2022, Commerce published the
notice of initiation of the administrative review of the Order.\3\ On
February 24, 2023, Commerce extended the time limit for these
preliminary results to June 30, 2023, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\4\
---------------------------------------------------------------------------
\1\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170 (June 21, 2019) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 33706, 33708
(June 3, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459, 48462 (August 9, 2022)
(Initiation Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
24, 2023.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is glycine. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022:
Glycine from Japan,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price and constructed export price are
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
a public document and is made available to the public 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period June 1, 2021, through May
31, 2022.
------------------------------------------------------------------------
Estimated
weighted-
Producer/exporter average
dumping margin
(percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.\6\....... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\6\ As explained in the Preliminary Decision Memorandum, based
on the record information, Commerce preliminarily determines that
Nagase & Co., Ltd. and Yuki Gosei Kogyo Co., Ltd. are affiliated
within the meaning of section 771(33)(E) of the Act and should be
treated as a single entity pursuant to 19 CFR 351.401(f) for these
preliminary results of review.
---------------------------------------------------------------------------
We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results, in accordance with 19 CFR 351.224(b).
[[Page 43274]]
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\7\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\9\
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\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'').
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\9\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\10\
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\10\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\11\ If the weighted-average dumping
margin for Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd. is not zero or
de minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate an importer-specific assessment rate. Where
the respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales and the total entered value of such sales in
accordance with 19 CFR 351.212(b)(1).\12\ Where the respondent did not
report entered values, in accordance with 19 CFR 351.212(b)(1),
Commerce will calculate importer/customer-specific assessment rates by
dividing the amount of dumping for reviewed sales to the importer/
customer by the total quantity of those sales. Commerce will calculate
an estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported. Where an importer/customer-specific ad valorem
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at the time of liquidation. If Yuki
Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.'s weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate for one of these companies is zero or
de minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\13\ For entries of subject
merchandise during the period of review produced by any of these
companies for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed
entries.\14\
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\11\ See 19 CFR 351.212(b)(1).
\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\13\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\15\ 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). The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.
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\15\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of glycine from Japan entered,
or withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) the cash
deposit rate for companies subject to this review will be equal to the
company-specific weighted-average dumping margin established in the
final results of the review; (2) for merchandise exported by a company
not covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (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 in the completed segment
for the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will be 53.66
percent, the all-others rate established in the less-than-fair-value
investigation.\16\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\16\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170, 29171 (June 21, 2019).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
[[Page 43275]]
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: June 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-14393 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
