Notice2023-24983
Glycine From India: Final 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
November 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that producers and/or exporters subject to this administrative review made sales of subject merchandise below normal value during the period of review June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77552-77553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24983]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: Final 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) finds that
producers and/or exporters subject to this administrative review made
sales of subject merchandise below normal value during the period of
review June 1, 2021, through May 31, 2022.
DATES: Applicable November 13, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the Preliminary Results of the
2021-2022 administrative review of the antidumping duty order on
glycine from India.\1\ For a complete description of the events that
followed the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Glycine from India: Preliminary Results of Antidumping
Duty Administrative Review; 2021-2022, 88 FR 42377 (July 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum; see also Glycine from India and Japan: Amended Final
Affirmative Antidumping Duty Determination and Antidumping Duty
Orders, 84 FR 29170, 29171 (June 21, 2019) (Order).
\2\ See Memorandum, ``Glycine from India: Issues and Decision
Memorandum for Final Results of Antidumping Duty Administrative
Review; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is glycine. For a complete
description of the scope of this Order, see the Issues and Decision
Memorandum.\3\
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\3\ Id. at 2.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this administrative review are addressed in the
Issues and Decision Memorandum. A list of the issues addressed in the
Issues and Decision Memorandum is attached to this notice as an
appendix. 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.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and our analysis of the comments
received from interested parties regarding our Preliminary Results, and
for the reasons explained in the Issues and Decision Memorandum, we
made changes to the surrogate constructed value profit and selling
expense ratio calculations and other changes for the final results of
this administrative review.
Rate for Non-Selected Respondent
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
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 companies which were not
selected for individual examination in an administrative review.
In this administrative review, the only mandatory respondent for
which we have calculated a weighted-average dumping margin that is not
zero, de minimis, or based entirely on facts available (i.e., 5.29
percent) is Avid Organics Private Limited. The final rate determined
for Kumar Industries/Rudraa International is based on the application
of adverse facts available. Accordingly, we have assigned Avid's rate
to Paras Intermediates Private Limited, the sole respondent not
selected for individual examination in this administrative review.\4\
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\4\ See Preliminary Results, 88 FR 43278.
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Final Results of Review
We determine that the following estimated weighted-average dumping
margins exist for the period of review 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............................... 5.29
Kumar Industries/Rudraa International \5\................... 57.17
Paras Intermediates Private Limited......................... 5.29
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Disclosure
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\5\ We continue to treat Kumar Industries and Rudraa
International as a collapsed single entity for these final results.
Id. at 43278 n.6.
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Commerce intends to disclose its calculations and analysis
performed to interested parties in the final results of this
administrative review within five days of any public announcement or,
if there is no public announcement, within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this administrative review. For any individually examined respondent
whose weighted-average dumping margin is above de minimis (i.e., 0.50
percent), we calculated importer-specific assessment rates on the basis
of the ratio of the total amount of antidumping duties calculated for
each importer's examined sales and the total entered value of the
sales, in accordance with 19 CFR 351.212(b)(1).\6\ Where either a
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\7\ 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 such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\8\
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\7\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\8\ 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). The final results of
this administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future cash deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of these 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) 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
continue to be 7.23 percent, the all-others rate established in the
investigation of sales at less than fair value, adjusted for the
export-subsidy rate in the companion countervailing duty
investigation.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Order, 84 FR 29171.
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Notification to Importers
This notice serves as a final 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 the countervailing duties.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or 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 the 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 6, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available (AFA) to
Avid
Comment 2: Application of Total AFA to Kumar
Comment 3: Selection of the AFA Rate
Comment 4: Voluntary Respondent Request
Comment 5: Selection of Surrogate Financial Information
Comment 6: Quarterly Cost Analysis for Avid
VI. Recommendation
[FR Doc. 2023-24983 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 13, 2023.
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