Notice2022-14482
Glycine From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2020-2021
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, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review June 1, 2020, through May 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40507-40509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14482]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: Preliminary Results and Rescission, in Part,
of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value during the
period of review June 1, 2020, through May 31, 2021. We invite
interested parties to comment on these preliminary results.
DATES: Applicable July 7, 2022.
FOR FURTHER INFORMATION CONTACT: Emily Bradshaw 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) 482-3896 or (202)
482-5760, respectively.
SUPPLEMENTARY INFORMATION
Background
On June 21, 2019, Commerce published the antidumping duty order on
glycine from India.\1\ On August 3, 2021, Commerce published the notice
of initiation of the administrative review of the antidumping duty
order on glycine from India.\2\ On February 16, 2022, Commerce extended
the time limit for these preliminary results to June 30, 2022, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\3\
---------------------------------------------------------------------------
\1\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170 (June 21, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 41821, 41823 (August 3, 2021).
\3\ See Memorandum, ``Glycine from India: Extension of Deadline
for Preliminary Results of Antidumping Duty Administrative Review,''
dated February 16, 2022.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is glycine. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Glycine from India: Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review;
2020-2021,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) 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 these preliminary results,
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 accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On November 1, 2021, GEO
Specialty Chemicals, Inc. withdrew its requests for review with respect
to GEM Corpochem Private Limited, Indiana Chem-Port, J.R. Corporation,
Mulji Mehta Enterprises, Mulji Mehta Pharma, Rexisize Rasayan
Industries, and Studio Disrupt.\5\ Because the requests for review were
timely withdrawn and no other parties requested a review of these
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
partially rescinding this review of the Order for these seven
companies.
---------------------------------------------------------------------------
\5\ See GEO Specialty Chemicals, Inc.'s Letter, ``Partial
Withdrawal of Request for Administrative Review,'' dated November 1,
2021.
---------------------------------------------------------------------------
Application of Facts Available With Adverse Inferences
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to determine a weighted-average
dumping margin for Kumar Industries/Rudraa International (collectively
Kumar) \6\ because: (1)
[[Page 40508]]
necessary information is not available on the record; and (2) Kumar
withheld requested information, failed to provide such information by
the established deadlines, and significantly impeded this proceeding.
Further, Commerce preliminarily determines that an adverse inference is
warranted in selecting from among the facts otherwise available
pursuant to section 776(b) of the Act because Kumar failed to cooperate
to the best of its ability. For further information, see ``Application
of Facts Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\6\ Rudraa International is one of the companies for which the
review request was withdrawn. Id. In the last completed
administrative review, Commerce collapsed Kumar Industries and
Rudraa International. See Glycine from India: Final Results of
Antidumping Duty Administrative Review; 2018-2020, 86 FR 62508,
62509 n.4 (November 10, 2021). For these preliminary results, we
continue to treat these two companies as a collapsed single entity.
For this reason, we are not rescinding this administrative review
for Rudraa International individually.
---------------------------------------------------------------------------
Rate 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
individual 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 non-
examined companies in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for the mandatory respondent Avid Organics Private
Limited that is not zero, de minimis, or based entirely on facts
available (i.e., 20.72 percent). Accordingly, we have preliminarily
assigned this rate to Paras Intermediates Private Ltd., the sole
respondent not selected for individual examination in this
administrative review .\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at 7.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period June 1, 2020, through May 31,
2021.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Avid Organics Private Limited........................... 20.72
Kumar Industries/Rudraa International................... 31.76
Paras Intermediates Private Ltd......................... 20.72
------------------------------------------------------------------------
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)(1)(ii), 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.\8\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\9\ Parties who submit case 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.\10\
---------------------------------------------------------------------------
\8\ 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).'').
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 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 case and rebuttal 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.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c); see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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 in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries covered by this review.
For the companies for which we have rescinded this review, we intend to
instruct CBP to assess antidumping duties on all appropriate entries at
a rate equal to the cash deposit rate of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period of review, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue assessment instructions to
CBP for the rescinded companies no earlier than 35 days after the date
of publication of the preliminary results of this administrative review
in the Federal Register.
If the weighted-average dumping margin for Avid Organics Private
Limited or Kumar 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).\12\ 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 regard to antidumping duties.\13\ 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
[[Page 40509]]
United States, we will instruct CBP to liquidate unreviewed
entries.\14\
---------------------------------------------------------------------------
\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\13\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\14\ 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).
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)(C) 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
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.\15\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\15\ See Order, 84 FR at 29171.
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 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, and sections 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
V. Rate for Non-Selected Respondent
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-14482 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 7, 2022.
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.