Glycine From India: Final Results of Countervailing Duty Administrative Review; 2021, 60-62 [2023-28842]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 60-62]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28842]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]


Glycine From India: Final Results of Countervailing Duty 
Administrative Review; 2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Kumar Industries, India (Kumar), a producer/exporter of glycine from 
India, received countervailable subsidies during the period of review 
(POR), January 1, 2021, through December 31, 2021.

DATES: Applicable January 2, 2024.

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 30, 2023, Commerce published the Preliminary Results of 
this administrative review in the Federal Register and invited interest 
parties to comment.\1\ On September 22, 2023, Commerce extended the 
deadline for issuing these final results to December 15, 2023.\2\ On 
December 15, 2023, we further extended the deadline for these final 
results to December 27, 2023.\3\ We received timely-filed case briefs 
from GEO Specialty Chemicals, Inc. (the petitioner),\4\ the Government 
of India (GOI),\5\ and the mandatory respondent in this review, Kumar 
Industries, India (Kumar).\6\ We received timely-filed rebuttal briefs 
from the petitioner \7\ and Kumar.\8\ For a complete description of the 
events that occurred since the publication of the Preliminary Results, 
see the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------

    \1\ See Glycine from India: Preliminary Results of 
Countervailing Duty Administrative Review and Rescission, in Part; 
2021, 88 FR 42298 (June 30, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for the Final 
Results of Countervailing Duty Administrative Review; 2021,'' dated 
September 22, 2023.
    \3\ See Memorandum, ``Second Extension of Deadline for Final 
Results of Countervailing Duty Administrative Review; 2021,'' dated 
December 15, 2023.
    \4\ See Petitioner's Letter, ``Case Brief of GEO Specialty 
Chemicals, Inc.,'' dated July 31, 2023.
    \5\ See GOI's Letter, ``Case Brief Submission on behalf of 
Government of India (GOI),'' dated July 31, 2023.
    \6\ See Kumar's Letter, ``Case Brief,'' dated July 31, 2023.
    \7\ See Petitioner's Letter, ``Rebuttal Brief of Geo Specialty 
Chemicals, Inc.,'' dated August 7, 2023.
    \8\ See Kumar's Letter, ``Rebuttal Brief,'' dated August 7, 
2023.
    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Glycine from India; 2021,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).

---------------------------------------------------------------------------

[[Page 61]]

Scope of the Order \10\
---------------------------------------------------------------------------

    \10\ See Glycine from India and the People's Republic of China: 
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is glycine from India. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\11\
---------------------------------------------------------------------------

    \11\ See Issues and Decision Memorandum at 2.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by interested parties in their case and rebuttal 
briefs are addressed in the Issues and Decision Memorandum. A list of 
the topics discussed in the Issues and Decision Memorandum is provided 
in Appendix I to this notice. 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 our analysis of the comments received from interested 
parties and of the record, we made certain changes from the Preliminary 
Results. For a full description of these revisions, see the Issues and 
Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\12\ For a full description of the methodology underlying 
Commerce's conclusions, including any determination that relied upon 
the use of adverse facts available (AFA) pursuant to sections 776(a) 
and (b) of the Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    In this review, the final rate calculated for Kumar, the mandatory 
respondent, is not zero, de minimis, or based entirely on facts 
available. Therefore, consistent with section 705(c)(5)(A) of the Act, 
for the companies that were not selected as a mandatory respondent, 
Commerce is basing the final subsidy rate for non-examined companies on 
the final subsidy rate calculated for Kumar.

Final Results of Administrative Review

    For the period January 1, 2021, through December 31, 2021, we 
determine that the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Kumar Industries, India \13\............................            7.24
Rudraa International....................................            7.24
Rexisize Rasayan Industries.............................            7.24
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \13\ Commerce continues to find that Kumar is cross-owned with 
Advance Chemical Corporation; therefore, the same subsidy rate 
applies to both companies. See Issues and Decision Memorandum at 4.
---------------------------------------------------------------------------

    Commerce intends to disclose to the calculations performed in 
connection with the final results of review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise covered by this review. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this review in the 
Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts indicated above on shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review. For all non-reviewed firms subject to the 
Order, Commerce will instruct CBP to continue to collect cash deposits 
of estimated countervailing duties at the most recent company-specific 
or all-others rate applicable to the company, as appropriate. These 
cash deposit requirements, effective upon publication of these final 
results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: December 26, 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. Rate for Non-Examined Companies
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
to Kumar
    Comment 2: Whether the Duty Drawback Program is Countervailable
    Comment 3: Whether Commerce Correctly Found Interest 
Equalization Scheme on Pre- and Post-Shipment Rupee Export Credit 
and Pre- and Post-Shipment Finance to be Separate Countervailable 
Programs
    Comment 4: Whether Commerce Should Adjust the Calculations for 
the Interest Equalization Scheme on Pre- and Post-Shipment Rupee 
Export Credit and Pre- and Post-Shipment Finance
    Comment 5: Whether Commerce Should Use the Petitioner's 
Benchmarks for the Interest Equalization Scheme on Pre- and Post-
Shipment Rupee Export Credit and Pre- and Post-Shipment Finance 
Programs
    Comment 6: Whether the State Government of Gujarat Conferred a 
Benefit to Kumar

[[Page 62]]

through its Provision of Land for Less than Adequate Remuneration
IX. Recommendation

[FR Doc. 2023-28842 Filed 12-29-23; 8:45 am]
BILLING CODE 3510-DS-P