Notice2022-27221
Glycine From India: Final Results 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
December 15, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers and exporters of glycine from India received countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 240 (Thursday, December 15, 2022)</title>
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[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Pages 76611-76613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27221]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results of Countervailing Duty
Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers and exporters of glycine from India received countervailable
subsidies during the period of review (POR), January 1, 2020, through
December 31, 2020.
DATES: Applicable December 15, 2022.
FOR FURTHER INFORMATION CONTACT: Caitlin Monks 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) 482-2670 or (202) 482-4275,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2022, Commerce published the preliminary results of this
administrative review in the Federal Register and invited interest
parties to comment.\1\ We received timely case briefs from the
Government of India (GOI) \2\ and GEO Specialty Chemicals, Inc. (the
petitioner),\3\ and timely filed rebuttal briefs from the
petitioner,\4\ and the mandatory respondents in this review, Avid
Organics Private Limited (Avid) \5\ and Kumar Industries, India
(Kumar).\6\ On September 29, 2022, Commerce extended the deadline for
issuing these final results to December 9, 2022.\7\
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\1\ See Glycine from India: Preliminary Results and Recission,
in Part, of Countervailing Duty Administrative Review; 2020, 87 FR
40494 (July 7, 2022) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ See GOI's Letter, ``Case Brief on behalf of Government of
India,'' dated August 8, 2022.
\3\ See Petitioner's Letter, ``Glycine from India: Case Brief of
GEO Specialty Chemicals, Inc.,'' dated August 8, 2022.
\4\ See Petitioner's Letter, ``Rebuttal Brief of GEO Specialty
Chemicals, Inc.,'' dated August 15, 2022.
\5\ See Avid's Letter, ``AVID's Rebuttal to Petitioner Case
Brief of August 8, 2022,'' dated August 13, 2022.
\6\ See Kumar's Letter, ``Rebuttal Brief to Petitioner's Case
Brief,'' dated August 15, 2022.
\7\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2020,'' dated
September 29, 2022.
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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 Issues and
Decision Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Glycine from India; 2020,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by parties and discussed in the Issues and Decision
Memorandum is provided as an appendix to this notice. Based on our
analysis of the comments received from interested parties and record
information, we made no changes from the Preliminary Results. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's
[[Page 76612]]
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.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Methodology
Commerce conducted this administrative 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 find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\9\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
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\9\ 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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Final Rate for Non-Selected Company Under Review
There is one company subject to this review that was not selected
as a mandatory respondent, i.e., Paras Intermediates Private Ltd.
(Paras).\10\ Because the final subsidy rates calculated for the
mandatory respondents in this review, Avid and Kumar, are above de
minimis and are not based entirely on facts available,\11\ we have
continued to apply to Paras a subsidy rate based on a weighted-average
of the subsidy rates calculated for Avid and Kumar using publicly
ranged sales data for these final results.\12\ This methodology for
establishing the subsidy rate for the non-selected company is
consistent with our practice and with section 705(c)(5)(A) of the Act.
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\10\ See Preliminary Decision Memorandum.
\11\ The subsidy rates for Avid and Kumar for these final
results of review are unchanged from the Preliminary Results.
\12\ See Issues and Decision Memorandum; see also Memorandum,
``Preliminary Results Calculation of Subsidy Rate for a Non-Selected
Company Under Review,'' dated June 30, 2022 (Non-Selected Rate
Calculation Memorandum).
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Final Results of Administrative Review
For the period January 1, 2020, through December 31, 2020, we
determine that the following net countervailable subsidy rates exist:
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\13\ Commerce continues to find that Kumar is cross-owned with
Advance Chemical Corporation; therefore, the same subsidy rate
applies to both companies. See Preliminary Decision Memorandum at 8.
We note that the Initiation Notice references ``Kumar Industries''
which we have determined is the same company as ``Kumar Industries,
India.''
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Subsidy
rate
Company (percent
ad valorem)
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Avid Organics Private Limited.............................. 3.00
Kumar Industries, India \13\............................... 3.11
Paras Intermediates Private Ltd............................ 3.06
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of review within five
days of a 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, because we have made no changes from the Preliminary Results,
there are no calculations to disclose.
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 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)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts indicated 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 subject to the
Order, 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 also serves as a reminder to parties subject to an
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 the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and 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 and 19 CFR
351.221(b)(5).
Dated: December 9, 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. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available (AFA) to
Kumar
Comment 2: Whether Kumar Received Countervailable Electricity
Subsidies from the State Government of Gujarat (SGOG)
Comment 3: Whether Commerce Should Adjust its Benchmark and
Benefit Calculations for the SGOG Provision of Water for Less than
Adequate Remuneration (LTAR) Program
Comment 4: Whether Avid Used Both the Interest Equalization
Scheme (IES) and the Pre-Shipment and Post-Shipment Finance Programs
Comment 5: Whether Commerce has Conducted an Appropriate Review
Comment 6: Whether the Duty Drawback (DDB) Program Is
Countervailable
Comment 7: Whether the Export Promotion of Capital Goods and
Services (EPCGS) Program Is Countervailable
Comment 8: Whether the Merchandise Export From India Scheme
(MEIS) Program Is Countervailable
Comment 9: Whether the SGOG Electricity Duty Exemption Program
Is Countervailable
Comment 10: Whether the Pre-Shipment and Post-Shipment Finance
Program Is Countervailable
Comment 11: Whether the Interest Subsidy Under Scheme for
Assistance of Micro, Small, and Medium Enterprises (MSMEs) as per
Gujarat Industrial Policy 2009 Program Is Countervailable
Comment 12: Whether the SGOG Provision of Water for LTAR Program
Is Countervailable
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IX. Recommendation
[FR Doc. 2022-27221 Filed 12-14-22; 8:45 am]
BILLING CODE 3510-DS-P
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