Notice2021-15123
Glycine From India: Preliminary Results of Countervailing Duty Administrative Review; 2018-2019
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 16, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of glycine from India for the period of review (POR) September 4, 2018, through December 31, 2019. The preliminary net subsidy rates are listed below in the section titled "Preliminary Results of Administrative Review." Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 134 (Friday, July 16, 2021)</title>
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[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Notices]
[Pages 37738-37740]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15123]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Results of Countervailing Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of glycine from India for the period of review (POR)
September 4, 2018, through December 31, 2019. The preliminary net
subsidy rates are listed below in the section titled ``Preliminary
Results of Administrative Review.'' Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 16, 2021.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, 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) 482-0698.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2020, Commerce published a notice of initiation of
administrative review of the countervailing duty order on glycine from
India.\1\ On March 2, 2021, Commerce extended the deadline for issuing
the preliminary results of review.\2\ The revised deadline for these
preliminary results of review is now June 30, 2021.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731 (August 6, 2020).
\2\ See Memorandum, ``Glycine from India: Extension of Time
Limit for Preliminary Results,'' dated March 2, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I to this notice. 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/">http://enforcement.trade.gov/frn/</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Affirmative
Preliminary Determination: First Administrative Review of Glycine
from India,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is glycine from India. For a
complete description of the scope of the order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this 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 preliminarily
determine that there is a subsidy, i.e., a financial contribution that
gives rise to a benefit to the recipient, and the subsidy is
specific.\4\ For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
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\4\ 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.
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On June 11, 2021, we initiated an investigation of newly alleged
subsidy programs.\5\ Because we did not receive information from the
Government of India, Avid Organics Private Limited (Avid), or Kumar
Industries (India) (Kumar) related to the new subsidy programs in time
to evaluate them for purposes of these preliminary results of review,
we intend to issue post-preliminary review results that incorporate
these programs.\6\
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\5\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Glycine from India; 2018-2019, New
Subsidy Allegations,'' dated June 17, 2021.
\6\ See Preliminary Decision Memorandum.
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Companies Not Selected for Individual Review
For companies not selected for individual review, because the 2019
subsidy rates calculated for Avid and Kumar were above de minimis and
not based on facts available, we have preliminarily calculated a
subsidy rate based on a weighted-average of the subsidy rates
calculated for Avid and Kumar using publicly ranged sales data
submitted by respondents.\7\ For 2018, we preliminarily assigned to the
companies not individually examined a subsidy rate of 3.58 percent,
which is the 2018 subsidy rate calculated for Avid for these
preliminary results of
[[Page 37739]]
review.\8\ This methodology for establishing the subsidy rate for the
non-selected companies is consistent with our practice and with section
705(c)(5)(A) of the Act. For additional information, see the
Preliminary Decision Memorandum.
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\7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies,'' dated June 30, 2021.
\8\ See Memorandum, ``Preliminary Results of the First
Administrative Review of Glycine from India: Calculation of
Derivative Rate for Non-Selected Companies,'' dated June 30, 2021.
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Preliminary Results of Administrative Review
In accordance with 19 CFR 351.221(b)(4), we determine the following
preliminary net subsidy rates for the 2018-2019 administrative review:
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2018 Subsidy 2019 Subsidy
Company rate (percent rate (percent
ad valorem) ad valorem)
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Avid Organics Private Limited \9\....... 3.92 4.38
Kumar Industries (India) \10\........... \11\ 0.00 3.72
Mulji Mehta Enterprises................. 3.92 4.01
Mulji Mehta Pharma...................... 3.92 4.01
Paras Intermediates Private Limited..... 3.92 4.01
Studio Disrupt.......................... 3.92 4.01
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Assessment Rates
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\9\ In this review, we preliminarily determine that Avid is
cross owned with Avid Intermediates. See Preliminary Decision
Memorandum for further discussion.
\10\ In this review, we preliminarily determine that Kumar is
cross owned with Rudraa International and Advance Chemical
Corporation. See Preliminary Decision Memorandum and Kumar
Preliminary Calculation Memorandum for further discussion.
\11\ Kumar reported that it received no subsidies during the
2018 calendar year, from programs under review or any other
subsidies.
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Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries 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)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for 2019 for each of the companies listed
above with regard to the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties of this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\12\
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\12\ See 19 CFR 351.224(b).
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As a result of the Department's intention to release a post-
preliminary analysis memorandum, interested parties may submit case
briefs on both the preliminary results and on the post-preliminary
analysis memorandum no later than seven days after the disclosure of
the calculations performed in connection with the post-preliminary
analysis memorandum.\13\ Rebuttal briefs, limited to issues raised in
the case briefs, may be filed no later than seven days after the date
for filing case briefs.<SUP>14 15</SUP> Parties who submit arguments
are requested to submit with the argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\16\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\17\
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\13\ See 19 CFR 351.309(c)(2).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\16\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\17\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\18\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\19\ If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the result of our analysis of the
issues raised by the parties in their comments, no later than 120 days
after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h), unless this deadline is
extended.
Administrative Protective Order
This notice serves as a reminder to parties subject to
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 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
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Memorandum
I. Summary
II. Background
III. Period of Review
IV. Rate for Non-Examined Companies
V. Subsidies Valuation
VI. Loan Benchmarks and Discount Rates
[[Page 37740]]
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-15123 Filed 7-15-21; 8:45 am]
BILLING CODE 3510-DS-P
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