Notice2021-24579
Glycine From India: Final 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
November 10, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that producers or exporters subject to this administrative review made sales of subject merchandise below normal value during the period of review October 31, 2018, through May 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 215 (Wednesday, November 10, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62508-62510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24579]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: Final Results of Antidumping Duty
Administrative Review; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that producers or
exporters subject to this administrative review made sales of subject
merchandise below normal value during the period of review October 31,
2018, through May 31, 2020.
DATES: Applicable November 10, 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 July 7, 2021, Commerce published the Preliminary Results of the
2018-2020 administrative review of the antidumping duty order on
glycine from India.\1\ For a complete description of the
[[Page 62509]]
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Glycine from India: Preliminary Results of Antidumping
Duty Administrative Review; 2018-2020, 86 FR 35733 (July 7, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Glycine from India: Issues and Decision
Memorandum for Final Results of Antidumping Duty Administrative
Review; 2018-2020,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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 Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum at 2-3.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are discussed in the Issues and
Decision Memorandum. The Issues and 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 Issues
and Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of the topics included in the
Issues and Decision Memorandum is attached as an appendix to this
notice.
Changes Since the Preliminary Results
Based on a review of the record and our analysis of the comments
received from interested parties regarding our Preliminary Results, and
for the reasons explained in the Issues and Decision Memorandum, we did
not make changes to the Preliminary Results.
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,\4\ consistent with the guidance in section
735(c)(5)(B) of the Act.\5\
---------------------------------------------------------------------------
\4\ We continue to treat Kumar Industries and Rudraa
International as a collapsed single entity for the final results of
this review. See Preliminary Results, 86 FR at 35734, and
accompanying PDM at 3-4.
\5\ See Issues and Decision Memorandum for more details.
---------------------------------------------------------------------------
Final Results of Review
We 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
Normally, Commerce discloses the calculations performed in
connection with the final results of an administrative review to
parties in the proceeding within five days of any 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). However, as noted above, Commerce
has made no changes to its margin calculations since the Preliminary
Results. Commerce disclosed its preliminary margin calculations to
parties in this proceeding, and there are no additional calculations to
disclose.\6\
---------------------------------------------------------------------------
\6\ See Memorandums, ``Administrative Review of the Antidumping
Duty Order on Glycine from India; 2018-2020: Preliminary Analysis
Memorandum for Avid Organics Private Limited,'' dated June 30, 2021
and ``Glycine from India: Preliminary Application of Adverse Facts
Available to Kumar Industries,'' dated June 30, 2021.
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For any individually-examined respondent whose weighted-
average dumping margin is above de minimis (i.e., 0.50 percent), we
will calculate importer-specific assessment rates on the basis of the
ratio of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales, in
accordance with 19 CFR 351.212(b)(1).\7\ Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\8\
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 such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------
\7\ 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).
\8\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of these 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 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
[[Page 62510]]
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 continue to
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.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\10\ 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 final 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
the terms of an APO is a sanctionable violation.
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: November 4, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available
Comment 2: Use of Constructed Value To Calculate Normal Value
Comment 3: Application of Total Adverse Facts Available
Comment 4: Selection of the Adverse Facts Available Rate
Comment 5: Voluntary Respondent Request for Paras
V. Recommendation
[FR Doc. 2021-24579 Filed 11-9-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 10, 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.