Notice2021-14450
Glycine From India: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that producers or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review October 31, 2018, through May 31, 2020. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35733-35735]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14450]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
producers or exporters subject to this administrative review made sales
of subject merchandise at less than normal value during the period of
review October 31, 2018, through May 31, 2020. We invite interested
parties to comment on these preliminary results.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox or 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) 482-5041 or (202) 482-5760,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2020, Commerce initiated the administrative review of
the antidumping duty order on glycine from India.\1\ On March 25, 2021,
Commerce extended the time limit for these preliminary results to June
30, 2021, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731, 47734 (August 6, 2020)
(Initiation Notice).
\2\ See Memorandum, ``Glycine from India: Extension of Deadline
for Preliminary Results of Antidumping Duty Administrative Review,''
dated March 25, 2021.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is glycine. For a complete
description of the scope of this administrative review, see the
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Glycine from India: Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review;
2018-2020,'' 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
[[Page 35734]]
conclusions, see 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition,
a complete version of the Preliminary Decision Memorandum can be found
at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Rates for Non-Selected Respondents
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. For
the respondents that were not selected for individual examination in
this administrative review, we have assigned to them the simple average
of the margins for Avid Organics Private Limited and Kumar Industries/
Rudraa International, consistent with the guidance in section
735(c)(5)(B) of the Act.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum at 9 for more details.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period October 31, 2018, through
May 31, 2020.
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Avid Organics Private Limited............................... 0.00
Kumar Industries/Rudraa International....................... 13.61
Mulji Mehta Enterprises..................................... 6.81
Mulji Mehta Pharma.......................................... 6.81
Paras Intermediates Private Ltd............................. 6.81
Studio Disrupt.............................................. 6.81
------------------------------------------------------------------------
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).
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.\5\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\6\ 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.\7\
---------------------------------------------------------------------------
\5\ 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).'')
\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\7\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
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 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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. If the weighted-average dumping
margin for Avid Organics Private Limited or Kumar Industries/Rudraa
International is not zero or de minimis in the final results of this
review, we will calculate, for each company, an importer-specific
assessment rate 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).\9\
If any of these companies' 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
regards to antidumping duties.\10\ 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.\11\
---------------------------------------------------------------------------
\9\ 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).
\10\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Consistent with its recent notice,\12\ 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.
---------------------------------------------------------------------------
\12\ 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).
---------------------------------------------------------------------------
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 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
[[Page 35735]]
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 7.23
percent, the all-others rate established in the less-than-fair-value
investigation, adjusted for the export-subsidy rate in the companion
countervailing duty investigation.\13\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\13\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170, 29171 (June 21, 2019).
---------------------------------------------------------------------------
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.
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 30, 2021.
Christian Marsh,
Acting 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 and Collapsing
V. Application of Facts Available and Adverse Inferences
VI. Rate for Non-Selected Respondents
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-14450 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.