Glycine From India: Final Results of Antidumping Duty Administrative Review; 2021-2022, 77552-77553 [2023-24983]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77552-77553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24983]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-883]


Glycine From India: Final 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) finds that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise below normal value during the period of 
review June 1, 2021, through May 31, 2022.

DATES: Applicable November 13, 2023.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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) 482-5760.

SUPPLEMENTARY INFORMATION: 

Background

    On July 7, 2023, Commerce published the Preliminary Results of the 
2021-2022 administrative review of the antidumping duty order on 
glycine from India.\1\ For a complete description of the events that 
followed the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Glycine from India: Preliminary Results of Antidumping 
Duty Administrative Review; 2021-2022, 88 FR 42377 (July 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum; see also Glycine from India and Japan: Amended Final 
Affirmative Antidumping Duty Determination and Antidumping Duty 
Orders, 84 FR 29170, 29171 (June 21, 2019) (Order).
    \2\ See Memorandum, ``Glycine from India: Issues and Decision 
Memorandum for Final Results of Antidumping Duty Administrative 
Review; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is glycine. For a complete 
description of the scope of this Order, see the Issues and Decision 
Memorandum.\3\
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    \3\ Id. at 2.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties in this administrative review are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed in the 
Issues and Decision Memorandum is attached to this notice as an 
appendix. 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and our analysis of the comments 
received from interested parties regarding our Preliminary Results, and 
for the reasons explained in the Issues and Decision Memorandum, we 
made changes to the surrogate constructed value profit and selling 
expense ratio calculations and other changes for the final results of 
this administrative review.

Rate for Non-Selected Respondent

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review.
    In this administrative review, the only mandatory respondent for 
which we have calculated a weighted-average dumping margin that is not 
zero, de minimis, or based entirely on facts available (i.e., 5.29 
percent) is Avid Organics Private Limited. The final rate determined 
for Kumar Industries/Rudraa International is based on the application 
of adverse facts available. Accordingly, we have assigned Avid's rate 
to Paras Intermediates Private Limited, the sole respondent not 
selected for individual examination in this administrative review.\4\
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    \4\ See Preliminary Results, 88 FR 43278.
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Final Results of Review

    We determine that the following estimated weighted-average dumping 
margins exist for the period of review June 1, 2021, through May 31, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Avid Organics Private Limited...............................        5.29
Kumar Industries/Rudraa International \5\...................       57.17
Paras Intermediates Private Limited.........................        5.29
------------------------------------------------------------------------

Disclosure
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    \5\ We continue to treat Kumar Industries and Rudraa 
International as a collapsed single entity for these final results. 
Id. at 43278 n.6.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties in the final results of this 
administrative review within five days of any public announcement or, 
if there is no public announcement, within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this administrative review. For any individually examined respondent 
whose weighted-average dumping margin is above de minimis (i.e., 0.50 
percent), we calculated importer-specific assessment rates on the basis 
of the ratio of the total amount of antidumping duties calculated for 
each importer's examined sales and the total entered value of the 
sales, in accordance with 19 CFR 351.212(b)(1).\6\ Where either a 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\7\ 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 such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\8\
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    \6\ 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).
    \7\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

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[[Page 77553]]

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative 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.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of these final 
results of administrative review for all shipments of glycine from 
India 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 
continue to be 7.23 percent, the all-others rate established in the 
investigation of sales at less than fair value, adjusted for the 
export-subsidy rate in the companion countervailing duty 
investigation.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Order, 84 FR 29171.
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Notification to Importers

    This notice serves as a final 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.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (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 or 
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 these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: November 6, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Application of Total Adverse Facts Available (AFA) to 
Avid
    Comment 2: Application of Total AFA to Kumar
    Comment 3: Selection of the AFA Rate
    Comment 4: Voluntary Respondent Request
    Comment 5: Selection of Surrogate Financial Information
    Comment 6: Quarterly Cost Analysis for Avid
VI. Recommendation

[FR Doc. 2023-24983 Filed 11-9-23; 8:45 am]
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