Glycine From the People's Republic of China: Initiation of Changed Circumstances Review, 58104-58106 [2024-15683]
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58104
Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
(‘‘McGonigal’’), was convicted of
violating 18 U.S.C. 371. Specifically,
McGonigal was convicted of conspiring
to violate U.S. sanctions against Russia
by going to work for a Russian oligarch
whom he once investigated. As a result
of his conviction, the Court sentenced
McGonigal to 50 months in prison, three
years of supervised release, a $100
special assessment and a fine of
$40,000.
Pursuant to section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
371, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e). In
addition, any Bureau of Industry and
Security (‘‘BIS’’) licenses or other
authorizations issued under ECRA, in
which the person had an interest at the
time of the conviction, may be revoked.
Id.
BIS received notice of McGonigal’s
conviction for violating 18 U.S.C. 371.
As provided in section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
McGonigal to make a written
submission to BIS. 15 CFR 766.25.2 BIS
has not received a written submission
from McGonigal.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny McGonigal’s
export privileges under the Regulations
for a period of 10 years from the date of
McGonigal’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
McGonigal had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
December 14, 2033, Charles McGonigal,
with a last known address of 175 W.
13th Street, Apt. 8G, New York, NY,
10011, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives (’’
the Denied Person’’), may not directly or
indirectly participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
1 ECRA was enacted on August 13, 2018, as part
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, and as
amended is codified at 50 U.S.C. 4801–4852.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2024).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial orders
pursuant to amendments to the Regulations (85 FR
73411, November 18, 2020).
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19:21 Jul 16, 2024
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collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
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Third, pursuant to Section 1760(e) of
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to McGonigal by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business may also be
made subject to the provisions of this
Order in order to prevent evasion of this
Order.
Fourth, in accordance with part 756 of
the Regulations, McGonigal may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to McGonigal and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until December 14, 2033.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–15637 Filed 7–16–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Initiation of Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
In response to a request for a
changed circumstances review (CCR)
from Salvi Chemical Industries Limited
(Salvi), the U.S. Department of
Commerce (Commerce) is initiating a
CCR of the antidumping duty (AD) order
on glycine from the People’s Republic of
China (China).
SUMMARY:
DATES:
Applicable July 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, 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) 482–1121.
SUPPLEMENTARY INFORMATION:
Background
On March 29, 1995 Commerce
published the order in the Federal
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Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Register.1 On December 10, 2012,
Commerce published an affirmative
determination of circumvention of the
Order, finding that glycine processed in
India by Salvi and AICO Laboratories
India Ltd. (AICO), using Chinese-origin
inputs (e.g., crude or technical-grade
glycine), and exported to the United
States from India is circumventing the
Order on glycine from China.2
Commerce determined that the
processing of Chinese-origin technical
grade or crude glycine, including but
not limited to AAA–97TE, ACAA97TE,
sodium glycinate and glycine slurry,
does not substantially transform it into
glycine of Indian origin and therefore
such glycine remains Chinese in origin
and therefore within the scope of the
Order.3 In its Final Circumvention
Determination, Commerce instituted a
countrywide certification mechanism
for all imports of glycine from India, to
ensure that subject merchandise does
not enter the United States as glycine
from India.4 Commerce adopted the
certification requirement to ensure that
merchandise meeting the Final
Circumvention Determination is
properly identified as merchandise
subject to the Order.5 Commerce
applied this certification to all imports
of glycine from India, with the
exception of AICO and Salvi, because
Commerce determined that glycine
produced by AICO and Salvi was
circumventing the Order, and therefore
subject to the suspension of liquidation
of entries and cash deposits of estimated
antidumping duties at the rates
established under the Order on glycine
from China.6
On April 10, 2024, Salvi requested
that Commerce conduct a CCR
pertaining to the Final Circumvention
Determination pursuant to Section
751(b) of the Tariff Act of 1930, as
amended, (the Act), and 19 CFR
351.216(b) to find that glycine imports
to United States from India are fully
manufactured in India.7 In its
submission, Salvi asserts that Commerce
should allow Salvi to participate in the
certification process, should determine
that glycine produced by Salvi is not
1 See Antidumping Duty Order: Glycine from the
People’s Republic of China, 60 FR 16116 (March 29,
1995) (Order).
2 See Glycine from the People’s Republic of
China: Final Partial Affirmative Determination of
Circumvention of the Antidumping Duty Order, 77
FR 73426 (December 10, 2012) (Final
Circumvention Determination).
3 Id. 77 FR at 73427.
4 Id.
5 Id.
6 Id.
7 See Salvi’s Letter, ‘‘Request for Changed
Circumstances Review,’’ dated April 10, 2024
(Salvi’s CCR Request).
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produced from Chinese-origin raw
material, and should not subject Salvi’s
imports of glycine to cash deposit
requirements under the Order on
glycine from China.8 Salvi claims that
the raw materials it used to produce
glycine in recent years 9 are outside the
scope of the Order, irrespective of
country of origin.10 Moreover, Salvi
claims that all of the raw materials used
in its production of glycine in recent
years have been procured from Indian
sources.11 Salvi also notes that the
certification process established by
Commerce and the requirement that
Indian-produced glycine not include
any Chinese origin materials was
established prior to the issuance of an
order against glycine from India.12 Salvi
insists that a product can be subject to
only a single antidumping duty order.13
Therefore, Salvi insists that once the
order was issued on glycine from India,
the circumstances pertinent to the Final
Circumvention Determination changed
significantly.14
Scope of the Order
The product covered by the Order is
glycine, which is a free-flowing
crystalline material, like salt or sugar.
Glycine is produced at varying levels of
purity and is used as a sweetener/taste
enhancer, a buffering agent,
reabsorbable amino acid, chemical
intermediate, and a metal complexing
agent. This Order includes glycine of all
purity levels. Glycine is currently
classified under subheading 2922.49.43
of the Harmonized Tariff Schedule of
the United States (HTSUS).15 Although
the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
under the Order is dispositive.
Scope of the Final Circumvention
Determination 16
The product covered by Final
Circumvention Determination is glycine,
8 Id.
9 In Salvi’s CCR Request, Salvi provided evidence
relevant to it 2021–2021 and 2022–2023 fiscal years
to demonstrate that it sourced Indian-produced
non-glycine inputs from suppliers in India.
10 See Salvi’s CCR Request at 4–6.
11 Id. at 6–8.
12 Id. at 2.
13 Id.
14 Id.
15 In separate scope rulings, Commerce
determined that: (a) D(-) Phenylglycine Ethyl Dane
Salt is outside the scope of the Order, and (b)
Chinese glycine exported from India remains the
same class or kind of merchandise as the Chinaorigin glycine imported into India. See Notice of
Scope Rulings and Anticircumvention Inquiries, 62
FR 62288 (November 21, 1997); and Final
Circumvention Determination, 77 FR at 73427,
respectively.
16 See Final Circumvention Determination, 77 FR
at 73427.
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58105
as described in the ‘‘Scope of the Order’’
section, above, which is exported from
India, but processed using Chineseorigin inputs (e.g., crude or technicalgrade glycine). The Final Circumvention
Determination covers glycine produced
by AICO, Paras, and Salvi. Salvi and
Paras stated on the record of the
circumvention proceeding that they also
self-produce glycine from Indian-origin
inputs. The focus of the circumvention
proceeding was to determine whether
glycine that is: (1) manufactured in
China; (2) processed by AICO, Paras, or
Salvi in India; and (3) then exported to
the United States as Indian-origin
glycine constitutes circumvention of the
Order under section 781(b) of the Act.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act and 19 CFR 351.216(d), Commerce
will conduct a CCR upon receipt of
information concerning, or a request
from an interested party for a review of
an AD or CVD order that shows changed
circumstances sufficient to warrant a
review of the order.17 The information
submitted by Salvi supporting its claim
that Salvi produced glycine during
fiscal years 2021–2022 and 2022–2023
using Indian-origin inputs exclusively,
and has not exported glycine to the
United States that was processed or
produced using Chinese-origin subject
merchandise inputs during these fiscal
years, demonstrates changed
circumstance sufficient to initiate a
review.18
Commerce may issue a questionnaire
requesting additional information from
Salvi for this CCR regarding its
purchases and imports (including
purchases of glycine inputs and subject
glycine), its production facilities, its
glycine production, its sales and
exports, its affiliations (including
affiliations with glycine suppliers,
importers, producers, exporters, and
trading companies) and other relevant
aspects of its glycine and glycine input
related business operations and will
publish in the Federal Register a notice
of preliminary results in accordance
with 19 CFR 351.221(b)(4) and (c)(3)(i).
All information submitted may be
subject to verification. Failure to allow
full and complete verification of any
information submitted may affect
Commerce’s consideration of that
information. Commerce will set forth its
preliminary factual and legal
conclusions in that notice and a
description of any action proposed
based on those results. Pursuant to 19
17 See
18 See
E:\FR\FM\17JYN1.SGM
19 CFR 351.216(c).
19 CFR 351.216(d).
17JYN1
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Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices
CFR 221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results. Unless extended,
Commerce will issue the final results of
these CCRs in accordance with the time
limits in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.216(b), and 19 CFR 351.221(c)(3).
Dated: July 10, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–15683 Filed 7–16–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–175, C–489–854]
Certain Brake Drums From the
People’s Republic of China and the
Republic of Türkiye: Initiation of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Nathan James (the People’s Republic of
China (China)), and Kyle Clahane
(Republic of Türkiye (Türkiye)), AD/
CVD Operations, Offices V and III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5305,
and (202) 482–5449, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
The Petitions
On June 20, 2024, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of certain
brake drums (brake drums), from China
and Türkiye filed in proper form on
behalf of Webb Wheel Products, Inc.
(the petitioner), a U.S. producer of brake
drums.1 The CVD petitions were
accompanied by antidumping duty (AD)
petitions concerning imports of brake
drums from China and Türkiye.2
Between June 24 and July 5, 2024,
Commerce requested supplemental
1 See Petitioner’s Letters, ‘‘Antidumping and
Countervailing Duty Petitions on Behalf of Webb
Wheel Products Inc.,’’ dated June 20, 2024
(Petitions).
2 See, generally, Petitions.
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19:21 Jul 16, 2024
Jkt 262001
information pertaining to certain aspects
of the Petitions.3 Between June 28 and
July 8, 2024, the petitioner filed timely
responses to these requests for
additional information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) and the
Government of Türkiye (GOT)
(collectively, Governments) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of brake
drums from China and Türkiye, and that
such imports are materially injuring, or
threatening material injury to, the
domestic industry producing brake
drums in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged
programs on which we are initiating
CVD investigations, the Petitions were
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.5
Periods of Investigation
Because the Petitions were filed on
June 20, 2024, the periods of
investigation for the China and Türkiye
CVD investigations are January 1, 2023,
through December 31, 2023.6
3 See Commerce’s Letters, ‘‘Supplemental
Questionnaire,’’ dated June 24, 2024 (General Issues
Questionnaire); ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Brake
Drums from the Republic of Türkiye: Supplemental
Questions,’’ dated June 24, 2024; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Brake Drums from China: Supplemental
Questions,’’ dated June 25, 2024; and
‘‘Supplemental Questions,’’ dated July 5, 2024; see
also Memoranda, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated July 2, 2024 (July 2, 2024,
Memorandum).
4 See Petitioner’s Letters, ‘‘Supplemental
Questionnaire Response, Volume I,’’ dated June 28,
2024 (General Issues Supplement); ‘‘Certain Brake
Drums from Türkiye: Supplemental Questionnaire
Response, Volume V,’’ dated July 1, 2024; ‘‘Certain
Brake Drums from the People’s Republic of China:
Supplemental Questionnaire Response,’’ dated July
2, 2024; ‘‘Supplemental Questionnaire Response,
Volume I,’’ dated July 5, 2024 (Second General
Issues Supplement); and ‘‘Supplemental
Questionnaire Response, Volume I,’’ dated July 8,
2024 (Industry Support Supplement).
5 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
6 See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The products covered by these
investigations are brake drums from
China and Türkiye. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
Between June 24 and July 2, 2024,
Commerce requested information and
clarification from the petitioner
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 Between June 28 and
July 5, 2024, the petitioner provided
clarifications and revised the scope.8
The description of merchandise covered
by these investigations, as shown in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
public information.10 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on July 30, 2024,
which is 20 calendar days from the
signature date of this notice.11 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on August 9, 2024, which
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party must contact
Commerce and request permission to
7 See General Issues Questionnaire; see also July
2 Memorandum.
8 See First General Issues Supplement at 1–2 and
Exhibit I–S1–3; and Second General Issues
Supplement at 1–2.
9 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b)(1).
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Agencies
[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58104-58106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15683]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Initiation of
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR) from Salvi Chemical Industries Limited (Salvi), the U.S.
Department of Commerce (Commerce) is initiating a CCR of the
antidumping duty (AD) order on glycine from the People's Republic of
China (China).
DATES: Applicable July 17, 2024.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
On March 29, 1995 Commerce published the order in the Federal
[[Page 58105]]
Register.\1\ On December 10, 2012, Commerce published an affirmative
determination of circumvention of the Order, finding that glycine
processed in India by Salvi and AICO Laboratories India Ltd. (AICO),
using Chinese-origin inputs (e.g., crude or technical-grade glycine),
and exported to the United States from India is circumventing the Order
on glycine from China.\2\ Commerce determined that the processing of
Chinese-origin technical grade or crude glycine, including but not
limited to AAA-97TE, ACAA97TE, sodium glycinate and glycine slurry,
does not substantially transform it into glycine of Indian origin and
therefore such glycine remains Chinese in origin and therefore within
the scope of the Order.\3\ In its Final Circumvention Determination,
Commerce instituted a countrywide certification mechanism for all
imports of glycine from India, to ensure that subject merchandise does
not enter the United States as glycine from India.\4\ Commerce adopted
the certification requirement to ensure that merchandise meeting the
Final Circumvention Determination is properly identified as merchandise
subject to the Order.\5\ Commerce applied this certification to all
imports of glycine from India, with the exception of AICO and Salvi,
because Commerce determined that glycine produced by AICO and Salvi was
circumventing the Order, and therefore subject to the suspension of
liquidation of entries and cash deposits of estimated antidumping
duties at the rates established under the Order on glycine from
China.\6\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Glycine from the People's
Republic of China, 60 FR 16116 (March 29, 1995) (Order).
\2\ See Glycine from the People's Republic of China: Final
Partial Affirmative Determination of Circumvention of the
Antidumping Duty Order, 77 FR 73426 (December 10, 2012) (Final
Circumvention Determination).
\3\ Id. 77 FR at 73427.
\4\ Id.
\5\ Id.
\6\ Id.
---------------------------------------------------------------------------
On April 10, 2024, Salvi requested that Commerce conduct a CCR
pertaining to the Final Circumvention Determination pursuant to Section
751(b) of the Tariff Act of 1930, as amended, (the Act), and 19 CFR
351.216(b) to find that glycine imports to United States from India are
fully manufactured in India.\7\ In its submission, Salvi asserts that
Commerce should allow Salvi to participate in the certification
process, should determine that glycine produced by Salvi is not
produced from Chinese-origin raw material, and should not subject
Salvi's imports of glycine to cash deposit requirements under the Order
on glycine from China.\8\ Salvi claims that the raw materials it used
to produce glycine in recent years \9\ are outside the scope of the
Order, irrespective of country of origin.\10\ Moreover, Salvi claims
that all of the raw materials used in its production of glycine in
recent years have been procured from Indian sources.\11\ Salvi also
notes that the certification process established by Commerce and the
requirement that Indian-produced glycine not include any Chinese origin
materials was established prior to the issuance of an order against
glycine from India.\12\ Salvi insists that a product can be subject to
only a single antidumping duty order.\13\ Therefore, Salvi insists that
once the order was issued on glycine from India, the circumstances
pertinent to the Final Circumvention Determination changed
significantly.\14\
---------------------------------------------------------------------------
\7\ See Salvi's Letter, ``Request for Changed Circumstances
Review,'' dated April 10, 2024 (Salvi's CCR Request).
\8\ Id.
\9\ In Salvi's CCR Request, Salvi provided evidence relevant to
it 2021-2021 and 2022-2023 fiscal years to demonstrate that it
sourced Indian-produced non-glycine inputs from suppliers in India.
\10\ See Salvi's CCR Request at 4-6.
\11\ Id. at 6-8.
\12\ Id. at 2.
\13\ Id.
\14\ Id.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is glycine, which is a free-
flowing crystalline material, like salt or sugar. Glycine is produced
at varying levels of purity and is used as a sweetener/taste enhancer,
a buffering agent, reabsorbable amino acid, chemical intermediate, and
a metal complexing agent. This Order includes glycine of all purity
levels. Glycine is currently classified under subheading 2922.49.43 of
the Harmonized Tariff Schedule of the United States (HTSUS).\15\
Although the HTSUS subheading is provided for convenience and customs
purposes, the written description of the merchandise under the Order is
dispositive.
---------------------------------------------------------------------------
\15\ In separate scope rulings, Commerce determined that: (a)
D(-) Phenylglycine Ethyl Dane Salt is outside the scope of the
Order, and (b) Chinese glycine exported from India remains the same
class or kind of merchandise as the China-origin glycine imported
into India. See Notice of Scope Rulings and Anticircumvention
Inquiries, 62 FR 62288 (November 21, 1997); and Final Circumvention
Determination, 77 FR at 73427, respectively.
---------------------------------------------------------------------------
Scope of the Final Circumvention Determination 16
---------------------------------------------------------------------------
\16\ See Final Circumvention Determination, 77 FR at 73427.
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The product covered by Final Circumvention Determination is
glycine, as described in the ``Scope of the Order'' section, above,
which is exported from India, but processed using Chinese-origin inputs
(e.g., crude or technical-grade glycine). The Final Circumvention
Determination covers glycine produced by AICO, Paras, and Salvi. Salvi
and Paras stated on the record of the circumvention proceeding that
they also self-produce glycine from Indian-origin inputs. The focus of
the circumvention proceeding was to determine whether glycine that is:
(1) manufactured in China; (2) processed by AICO, Paras, or Salvi in
India; and (3) then exported to the United States as Indian-origin
glycine constitutes circumvention of the Order under section 781(b) of
the Act.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of information concerning, or
a request from an interested party for a review of an AD or CVD order
that shows changed circumstances sufficient to warrant a review of the
order.\17\ The information submitted by Salvi supporting its claim that
Salvi produced glycine during fiscal years 2021-2022 and 2022-2023
using Indian-origin inputs exclusively, and has not exported glycine to
the United States that was processed or produced using Chinese-origin
subject merchandise inputs during these fiscal years, demonstrates
changed circumstance sufficient to initiate a review.\18\
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\17\ See 19 CFR 351.216(c).
\18\ See 19 CFR 351.216(d).
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Commerce may issue a questionnaire requesting additional
information from Salvi for this CCR regarding its purchases and imports
(including purchases of glycine inputs and subject glycine), its
production facilities, its glycine production, its sales and exports,
its affiliations (including affiliations with glycine suppliers,
importers, producers, exporters, and trading companies) and other
relevant aspects of its glycine and glycine input related business
operations and will publish in the Federal Register a notice of
preliminary results in accordance with 19 CFR 351.221(b)(4) and
(c)(3)(i). All information submitted may be subject to verification.
Failure to allow full and complete verification of any information
submitted may affect Commerce's consideration of that information.
Commerce will set forth its preliminary factual and legal conclusions
in that notice and a description of any action proposed based on those
results. Pursuant to 19
[[Page 58106]]
CFR 221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results. Unless extended, Commerce will
issue the final results of these CCRs in accordance with the time
limits in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with sections
751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216(b), and 19 CFR
351.221(c)(3).
Dated: July 10, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-15683 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-DS-P