Notice2023-14394
Glycine From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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, 2023
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, 2021, through May 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43277-43279]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14394]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022
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, 2021, through May 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-5760.
[[Page 43278]]
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce published the antidumping duty order on
glycine from India.\1\ On June 3, 2022, Commerce published in the
Federal Register a notice of opportunity to request an administrative
review of the Order.\2\ On August 9, 2022, based on timely filed
requests for review, Commerce initiated this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\3\ On February 24, 2023, Commerce extended the time limit
for these preliminary results to June 30, 2023, in accordance with
section 751(a)(3)(A) of the Act.\4\
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\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 33706, 33708
(June 3, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459, 48461 (August 9, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
24, 2023.
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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.\5\
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\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Glycine from India; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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 the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix 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>.
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) 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 the section, ``Application of Facts Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
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\6\ In the last two completed administrative reviews, Commerce
treated Kumar Industries and Rudraa International as a collapsed
joint entity. See Glycine from India: Final Results of Antidumping
Duty Administrative Review; 2018-2020, 86 FR 62508, 62509 n.4
(November 10, 2021); and Glycine from India: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 87 FR 67870,
67871, n.5 (November 10, 2022). For these preliminary results, we
continue to treat these two companies as a collapsed joint entity.
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Rate for Non-Selected Respondent
The Act 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 administrative 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., 3.90 percent). Accordingly, we have
preliminarily assigned this rate to Paras Intermediates Private
Limited, the sole respondent not selected for individual examination in
this administrative review.\7\
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\7\ See Preliminary Decision Memorandum at 7-8.
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period June 1, 2021, through May 31,
2022.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Avid Organics Private Limited............................... 3.90
Kumar Industries/Rudraa International....................... 52.03
Paras Intermediates Private Limited......................... 3.90
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Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results 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\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\11\
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\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) (Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\11\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 43279]]
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 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\12\
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\12\ See 19 CFR 351.310(c); see also 19 CFR 351.303 (for general
filing requirements).
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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.
If the weighted-average dumping margin for any individually examined
respondent is above de minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate importer-specific assessment
rates 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).\13\ 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 any of these companies is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\14\ 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 unreviewed entries.\15\
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\13\ 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).
\14\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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.\16\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\16\ See Order, 84 FR at 29171.
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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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing 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 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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. 2023-14394 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 7, 2023.
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