Notice2022-00954
Glycine From India: Final 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
January 19, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of glycine from India during the period of review (POR), September 4, 2018, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 12 (Wednesday, January 19, 2022)</title>
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[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2761-2763]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00954]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results of Countervailing Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of glycine from India during the period of review (POR), September 4,
2018, through December 31, 2019.
DATES: Applicable January 19, 2022.
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 July 16, 2021, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ On October 21,
2021, Commerce extended the final results of review by 60 days, until
January 12, 2022.\2\ On November 16, 2021, Commerce issued a post-
preliminary decision.\3\ We invited parties to comment on the
Preliminary Results and on the Post-Preliminary Decision. On November
29 and 30, 2021, case briefs were timely filed by GEO Specialty
Chemicals, Inc. (the petitioner), Avid Organics Private Limited (Avid),
and Kumar Industries, India (Kumar).\4\ On December 6, 2021, timely
rebuttal briefs were submitted to Commerce by the petitioner, Avid,
Kumar and Paras Intermediates Private Limited (Paras).\5\ For a full
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\6\
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\1\ See Glycine from India: Preliminary Results of the
Countervailing Duty Administrative Review; 2018-2019, 86 FR 37738
(July 16, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Glycine from India: Extension of Time
Limit for Final Results of Countervailing Duty Administrative
Review,'' dated October 21, 2021.
\3\ See Memorandum, ``Countervailing Duty Administrative Review
of Glycine from India, 2018-2019: Post-Preliminary Decision,'' dated
November 16, 2021 (Post-Preliminary Decision).
\4\ See Petitioner's Letter, ``Glycine from India: GEO Specialty
Chemical's Case Brief,'' dated November 29, 2021; Avid's Letter,
``Glycine from India: Case Brief--Avid Organic's Pvt. Ltd.,'' dated
November 29, 2021; and Kumar's Letter, ``Certain Glycine from India
(C-533-884) Kumar Industries--Case Brief,'' dated November 30, 2021.
\5\ See Petitioner's Letter, ``Glycine from India: GEO Specialty
Chemicals' Rebuttal Brief,'' dated December 6, 2021; Avid's Letter,
``Glycine from India: Rebuttal Brief--Avid Organics Pvt. Ltd.,''
dated December 6, 2021; Kumar's Letter, ``Certain Glycine from India
(C-533-884) Kumar Industries--Rebuttal Brief,'' dated December 6,
2021; and Paras' Letter, ``Paras Intermediates Private Limited
(``Paras'') Administrative Rebuttal Brief: Countervailing Duty
Investigation on Glycine from India,'' dated December 6, 2021.
\6\ See Memorandum, ``Glycine from India: Issues and Decision
Memorandum for the Final Results of Countervailing Duty
Administrative Review; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is glycine from India. For the
complete description of the scope of the order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties, and
[[Page 2762]]
to which Commerce responded in the Issues and Decision Memorandum, is
provided in the appendix to this notice. The Issues and 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout">https://access.trade.gov/public/FRNoticesListLayout</a>.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we made certain changes to the net subsidy rates calculated
for Avid and Kumar, and for companies not selected for individual
review. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and the subsidy is specific.\7\ For
a full description of the methodology underlying all of Commerce's
conclusions, see the Issues and Decision Memorandum.
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\7\ 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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Companies Not Selected for Individual Review
For the companies not selected for individual examination, because
the rates calculated for Avid and Kumar are above de minimis and not
based entirely on facts available, we applied a subsidy rate based on a
weighted-average of the subsidy rates calculated for Avid and Kumar
using publicly ranged sales data submitted by the respondents.\8\ This
is consistent with the methodology that we would use in an
investigation to establish the all-others rate, pursuant to section
705(c)(5)(A) of the Act.
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\8\ See Memorandum, ``Final Results Calculation of Subsidy Rate
for Non-Examined Companies Under Review,'' dated concurrently with
this notice.
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Final Results of Administrative Review
We determine the following net countervailable subsidy rates for
the period September 4, 2018, through December 31, 2019:
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2018 Subsidy rate 2019 Subsidy Rate
Company (percent ad valorem) (percent ad valorem)
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Avid Organics Private Limited................................. 5.01 5.16
Kumar Industries (India)...................................... 11.81 3.75
Mulji Mehta Enterprises....................................... 3.92 4.35
Mulji Mehta Pharma............................................ 3.92 4.35
Paras Intermediates Private Limited........................... 3.92 4.35
Rudraa International.......................................... 3.92 4.35
Studio Disrupt................................................ 3.92 4.35
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Disclosure
Commerce will disclose to the parties in this proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. 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.\9\ 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).
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\9\ 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).
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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 each of the companies listed above on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. For all non-reviewed firms,
Commerce will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
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), which continues to govern
business proprietary information in this segment of the proceeding.
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
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 12, 2022.
Lisa W. Wang,
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. Rate for Non-Examined Companies Under Review
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V. Changes Since the Preliminary Results
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Calculation of a Single Rate for the Period of Review
Covering 2018 and 2019
Comment 2: Application of Adverse Facts Available (AFA) to Kumar
Comment 3: Pre- and Post-Shipment Finance Program: Interest Rate
Benchmark for Kumar
Comment 4: Interest Equalization Scheme on Pre- and Post-
Shipment Rupee-Denominated Export Credit Program: Sales Denominator
for Kumar
Comment 5: Duty Drawback Program: Benefit Calculation for Avid
Comment 6: Interest Subsidy Under Scheme for Assistance of
Micro, Small, and Medium-sized Enterprises (MSMEs) as per Gujarat
Industrial Policy 2009: Benefit Calculation for Avid
Comment 7: Export Promotion Capital Goods Scheme: Benefit
Calculation for Avid
IX. Recommendation
[FR Doc. 2022-00954 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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