Notice2022-14489
Glycine From India: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 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 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the countervailing duty (CVD) order on glycine from India for the period of review (POR) January 1, 2020, through December 31, 2020. Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of glycine from India. In addition, we are also rescinding this review with regard to seven companies for which the request for review was timely withdrawn by interested parties. 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 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40494-40496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14489]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Results and Rescission, in Part,
of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the countervailing duty (CVD) order on glycine
from India for the period of review (POR) January 1, 2020, through
December 31, 2020. Commerce preliminarily determines that
countervailable subsidies are being provided to producers and exporters
of glycine from India. In addition, we are also rescinding this review
with regard to seven companies for which the request for review was
timely withdrawn by interested parties. 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 7, 2022.
FOR FURTHER INFORMATION CONTACT: George McMahon or Scarlet Jaldin 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) 482-1167 or (202)
482-4275, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce published in the Federal Register the
CVD order on glycine from India.\1\ On August 3, 2021, Commerce
published a notice of initiation of administrative review of the
Order.\2\ On November 1, 2021, GEO Specialty Chemicals, Inc. (the
petitioner),\3\ timely withdrew its request for an administrative
review of eight companies.\4\ On February 25, 2022, Commerce extended
the deadline for issuing the preliminary results of this review until
June 22, 2022.\5\ On June 6, 2022, Commerce extended the deadline for
issuing the preliminary results of review until June 30, 2022.\6\
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\1\ See Glycine from India and the People's Republic of China:
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 41821 (August 3, 2021) (Initiation
Notice).
\3\ In the CVD investigation, the Petition was submitted on
behalf of GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc.
In this review, we reference GEO Specialty Chemicals, Inc., a
domestic glycine producer, as the petitioner.
\4\ See Petitioner's Letter, ``Glycine from India (C-533-884):
Partial Withdrawal of Request for Administrative Review,'' dated
November 1, 2021 (Petitioner's Partial Withdrawal of Review
Requests).
\5\ See Memorandum, ``Countervailing Duty Administrative Review
of Glycine from India, 2020: Extension of Deadline for the
Preliminary Results,'' dated February 25, 2022.
\6\ See Memorandum, ``Countervailing Duty Administrative Review
of Glycine from India, 2020: Second Extension of Deadline for the
Preliminary Results,'' dated June 6, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics discussed in the Preliminary Decision Memorandum is
included as 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="https://access.trade.gov">https://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>.
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\7\ See Memorandum, ``Countervailing Duty Administrative Review
of Glycine from India, 2020: Preliminary Decision Memorandum,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Rescission, in Part, of Countervailing Duty Administrative Review
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 of the requested review. The
petitioner timely submitted a withdrawal of its request to review eight
companies \8\ and no other interested party requested an administrative
review of the following seven of the eight companies listed in the
Petitioner's Partial Withdrawal of Review Requests: Mulji Mehta
Enterprises; Mulji Mehta Pharma; Studio Disrupt; J.R. Corporation;
Rudraa International; Rexisize Rasayan Industries; and Indiana Chem-
Port. Paras Intermediates Private Ltd. (Paras) requested a review of
its own entries \9\ and did not withdraw its request for a review. As a
result, the review of Paras, for which the petitioner and Paras
requested a review, will not be rescinded. In accordance with 19 CFR
351.213(d)(1), and consistent with our practice,\10\ we are rescinding
the administrative review of the Order, in part, with respect to these
seven companies, and continuing the administrative review with respect
to Avid Organics Private Limited (Avid), Kumar Industries (Kumar), and
Paras.
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\8\ The eight companies for which the petitioner withdrew its
request for review are Paras; Mulji Mehta Enterprises; Mulji Mehta
Pharma; Studio Disrupt; J.R. Corporation; Rudraa International;
Rexisize Rasayan Industries; and Indiana Chem-Port.
\9\ Paras submitted a request for review with respect to itself.
See Paras's Letter, ``Request for Countervailing Duty Administrative
Review,'' dated June 28, 2021. Paras did not withdraw its request
for review.
\10\ See, e.g., Certain New Pneumatic Off-The-Road Tires from
the People's Republic of China: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2016, 83 FR
32080 (July 11, 2018).
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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
[[Page 40495]]
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.\11\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
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\11\ 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(5)(A) of the Act regarding specificity.
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In January 4, 2022, the petitioner timely submitted new subsidy
allegations regarding eight additional programs.\12\ On February 9,
2022, Commerce requested additional information \13\ from the
petitioner regarding certain of its allegations, to which the
petitioner responded on February 16, 2022.\14\ On March 11, 2022, we
initiated an investigation of four of the eight new subsidy programs
alleged by the petitioner.\15\ On March 14, 2022, Commerce issued new
subsidy allegation questionnaires to the Government of India, Avid, and
Kumar related to each of the programs on which it initiated a
review.\16\
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\12\ See Petitioner's Letter, ``Glycine from India: New Subsidy
Allegation,'' dated January 4, 2022.
\13\ See Commerce's Letter, ``Countervailing Duty Administrative
Review of Glycine from India: New Subsidy Allegations
Questionnaire,'' dated February 9, 2022.
\14\ See Petitioner's Letter, ``Glycine from India (C-533-884):
GEO's New Subsidy Allegations Questionnaire Responses,'' dated
February 16, 2022.
\15\ See Memorandum, ``Administrative Review of Countervailing
Duty Order on Glycine from India; 2020, New Subsidy Allegations,''
dated March 11, 2021.
\16\ See Commerce's Letters, ``Countervailing Duty
Administrative Review of Glycine from India; 2020: Kumar New Subsidy
Allegation Questionnaire,'' dated March 14, 2021; ``Countervailing
Duty Administrative Review of Glycine from India; 2020: The
Government of India New Subsidy Allegation Questionnaire,'' dated
March 14, 2021; ``Countervailing Duty Administrative Review of
Glycine from India; 2020: Avid New Subsidy Allegation
Questionnaire,'' dated March 14, 2021.
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Company Not Selected for Individual Review
For the company not selected for individual review (i.e., Paras),
because the subsidy rates calculated for Avid and Kumar for these
preliminary results of review are 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.\17\
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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\17\ See Memorandum, ``Preliminary Results Calculation of
Subsidy Rate for a Non-Selected Company Under Review,'' dated
concurrently with this notice.
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Preliminary Results of Administrative Review
In accordance with 19 CFR 351.221(b)(4), we determine the following
preliminary net countervailable subsidy rates for the period January 1,
2020, through December 31, 2020:
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Subsidy rate
Company (percent ad
valorem)
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Avid Organics Private Limited \18\...................... 3.00
Kumar Industries, India \19\............................ 3.11
Paras Intermediates Private Ltd. \20\................... 3.06
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Assessment Rates
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\18\ See Memorandum, ``Preliminary Results of Administrative
Review of Glycine from India; 2020: Calculation Memorandum for Avid
Organics Private Limited,'' dated concurrently with this notice
(Avid Preliminary Calculation Memorandum).
\19\ In this review, we preliminarily determine that Kumar is
cross-owned with Advance Chemical Corporation. See Preliminary
Decision Memorandum and Kumar Preliminary Calculation Memorandum for
further discussion. We note that the Initiation Notice includes
``Kumar Industries'' which we have determined is the same company
previously examined, ``Kumar Industries, India.'' See Memorandum,
``Preliminary Results of Administrative Review of Glycine from
India; 2020: Preliminary Calculation Memorandum for Kumar Industries
India,'' dated concurrently with this notice (Kumar Preliminary
Calculation Memorandum).
\20\ See section ``Rescission, in Part, of Countervailing Duty
Administrative Review,'' supra; see also Memorandum, ``Preliminary
Results Calculation of Subsidy Rate for a Non-Selected Company Under
Review,'' dated concurrently with this notice.
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Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
CVDs 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).
For the companies for which we have rescinded this administrative
review, i.e., Mulji Mehta Enterprises, Mulji Mehta Pharma, Studio
Disrupt, J.R. Corporation, Rudraa International, Rexisize Rasayan
Industries and Indiana Chem-Port, CVDs shall be assessed at rates equal
to the cash deposit of estimated CVDs required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2020, through December 31, 2020, in accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated CVDs at
the rates shown above 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, Commerce will
instruct CBP to continue to collect cash deposits of estimated CVDs at
the all-others rate or the most recent company-specific 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 in the Federal
Register.\21\
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\21\ See 19 CFR 351.224(b).
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Interested parties may submit written comments (case briefs) on the
preliminary results no later than 30 days after the date of publication
of this Federal Register notice, and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case
briefs.\22\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. 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.\23\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\24\
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\22\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements)).
\23\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\24\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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
[[Page 40496]]
and Compliance, within 30 days after the date of publication of this
notice.\25\ Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants, whether
any participant is a foreign national; and (3) 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.\26\ If a request for
a hearing is made, Commerce intends to hold the hearing at a time and
date to be determined.\27\ Parties should confirm the date and time of
the hearing two days before the scheduled date.
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\25\ See 19 CFR 351.310(c).
\26\ See 19 CFR 351.310.
\27\ See 19 CFR 351.310 (c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
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.
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, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Review
VI. Rate for Non-Examined Company
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2022-14489 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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