Notice2021-14563
Glycine From Japan: Preliminary Results of Antidumping 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 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Yuki Gosei Kogyo Co., Ltd. and Nagase & Co., Ltd. (Nagase) (collectively, YGK/Nagase) made sales of subject merchandise at less than normal value during the period of review (POR) October 31, 2018, through May 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36105-36106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14563]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Preliminary Results of Antidumping
Administrative Review; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Yuki Gosei Kogyo Co., Ltd. and Nagase & Co., Ltd. (Nagase)
(collectively, YGK/Nagase) made sales of subject merchandise at less
than normal value during the period of review (POR) October 31, 2018,
through May 31, 2020.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, 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) 482-3362.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on August 6, 2020.\1\ We selected
two mandatory respondents in this review, Nagase and Showa Denko K.K.
(Showa Denko). On October 8, 2020, Showa Denko withdrew from
participation in this administrative review.\2\ For a more detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731 (August 6, 2020).
\2\ See Showa Denko's Letter, ``Antidumping Duty Administrative
Review of Glycine from Japan: Withdrawal of Participation as
Mandatory Respondent,'' dated October 8, 2020.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Glycine from
Japan,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
The Preliminary 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A
list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice.
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\
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (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 Preliminary Decision Memorandum.
Facts Available
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to assign an estimated weighted-
average dumping margin to Showa Denko in this review because Showa
Denko withheld necessary information that was requested by Commerce,
thereby significantly impeding the conduct of the review. Further,
Commerce preliminarily determines that Showa Denko failed to cooperate
by not acting to the best of its ability to comply with requests for
information and, thus, Commerce is applying adverse facts available
(AFA) in determining a weighted-average dumping margin for Showa Denko,
in accordance with section 776(b) of the Act. For a full description of
the methodology underlying our conclusions regarding the application of
AFA, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that, for the period October 31, 2018,
through May 31, 2020, the following weighted-average dumping margins
exist: \4\
---------------------------------------------------------------------------
\4\ As AFA, we preliminarily assign Showa Denko a dumping margin
of 86.22 percent, the highest rate on the record of the proceeding.
See Glycine from Japan: Final Determination of Sales at Less Than
Fair Value, 84 FR 18484 (May 1, 2019). This rate achieves the
purpose of applying an adverse inference, i.e., it is sufficiently
adverse to ensure that the uncooperative party does not obtain a
more favorable result by failing to cooperate than if it had fully
cooperated. Because we previously applied this rate in the
investigation, according to 776(c)(2) of the Act, this rate does not
require corroboration.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd\5\............. 27.71
Showa Denko K.K............................................. 86.22
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\5\ As explained in the Preliminary Decision Memorandum, based
on the record information, Commerce preliminarily determines that
Nagase & Co., Ltd. and a non-selected respondent, 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).
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.\6\ Commerce has modified certain
[[Page 36106]]
of its requirements for serving documents containing business
proprietary information until further notice.\7\ 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.\8\
---------------------------------------------------------------------------
\6\ 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).'').
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\8\ 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.\9\
---------------------------------------------------------------------------
\9\ 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 YGK/Nagase 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).\10\ 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.\11\ For entries of subject
merchandise during the POR 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.\12\
---------------------------------------------------------------------------
\10\ 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).
\11\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Consistent with its recent notice,\13\ 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.
---------------------------------------------------------------------------
\13\ 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 of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for YGK/Nagase and
Showa Denko listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative review;
(2) for previously reviewed or investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which they were reviewed; (3) if the exporter is not a firm covered in
this review, a prior review, or in the investigation but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 53.66 percent, the
rate established in the less-than-fair-value investigation.\14\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\14\ See Glycine From India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170 (June 21, 2019).
---------------------------------------------------------------------------
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 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 duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
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 Inference
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-14563 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 8, 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.