Notice2023-27949
Glycine From Japan: 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
December 20, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Yuki Gosei Kogyo Co., Ltd. (YGK) and Nagase & Co., Ltd. (Nagase) (collectively, YGK/Nagase) made sales of glycine from Japan at less than normal value during the period of review (POR) June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88052-88054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27949]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: 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) determines that
Yuki Gosei Kogyo Co., Ltd. (YGK) and Nagase & Co., Ltd. (Nagase)
(collectively, YGK/Nagase) made sales of glycine from Japan at less
than normal value during the period of review (POR) June 1, 2021,
through May 31, 2022.
DATES: Applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT: John Drury, 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) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the Preliminary Results.\1\ We
invited interested parties to comment on the Preliminary Results. The
review covers one mandatory respondent, YGK/Nagase. On November 3,
2023, Commerce extended the deadline for the final results of review
until December
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15, 2023.\2\ A summary of the events that occurred since Commerce
published the Preliminary Results, may be found in the Issues and
Decision Memorandum.\3\
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\1\ See Glycine from Japan: Preliminary Results of Antidumping
Duty Administrative Review, 2021-2022, 88 FR 43273 (July 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Glycine from Japan: Extension of Deadline
for Final Results of Antidumping Duty Administrative Review,'' dated
November 3, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Glycine from Japan; 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 covered by this order is glycine. Glycine and
glycine slurry are classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is
classified in the HTSUS under 2922.49.80.00. For a complete description
of the scope of the order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. For a list of the issues raised by parties, see the
appendix to this notice. 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 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 our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for YGK/Nagase.\4\ Specifically, we made changes to the calculation of
indirect selling expenses, U.S. credit expense and inventory carrying
cost, and financial expense.
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\4\ See Issues and Decision Memorandum at Comments 4, 5, and 8.
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Final Results of the Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period June 1, 2021, through May 31, 2022:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.\5\........... 0.00
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Disclosure
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\5\ Based on the record information, Commerce preliminarily
determined that Nagase and YGK are affiliated within the meaning of
section 771(33)(E) of Tariff Act of 1930, as amended (the Act), and
should be treated as a single entity pursuant to 19 CFR 351.401(f).
See Preliminary Results. No party commented on our preliminary
determination with respect to this issue, and we have received no
new information regarding this issue. Therefore, we determine that
Nagase and YGK are affiliated within the meaning of section
771(33)(E) of the Act.
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We will disclose the calculations performed to parties in this
proceeding within five days after the date of the public announcement
of these final results of review, in accordance with 19 CFR 351.224(b).
Assessment Rate
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries.\6\
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.5 percent), we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales, in accordance
with 19 CFR 351.212(b)(1). Upon issuance of the final results of this
administrative review, if any importer-specific assessment rates
calculated in the final results are above de minimis, Commerce will
issue instructions directly to CBP to assess antidumping duties on
appropriate entries.
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\6\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer (or customer)-specific ad valorem
rates by aggregating the amount of dumping calculated for all U.S.
sales to that importer or customer and dividing this amount by the
total entered value of the sales to that importer (or customer). Where
an importer (or customer)-specific ad valorem rate is greater than de
minimis, and the respondent has reported reliable entered values, we
will apply the assessment rate to the entered value of the importer's/
customer's entries during the POR.
Commerce intends to issue appropriate assessment instructions
directly 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 of this notice for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication of these final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rate for respondents noted above will be
equal to the weighted-average dumping margins established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (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 for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 53.66 percent, the all-others rate established in the less-than-
fair-value investigation.\7\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\7\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170 (June 21, 2019).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that
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reimbursement of antidumping duties did occur and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (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/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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: December 14, 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. Discussion of the Issues
Comment 1: Affiliation
Comment 2: Commerce Must Obtain the Cost of Production for
Sodium Glycinate, as YGK/Nagase's Further Processing of Sodium
Glycinate is Minimal
Comment 4: Indirect Selling Expenses
Comment 5: U.S. Credit Expense and Inventory Carrying Cost
Comment 6: Rate for Glycine Produced by Unaffiliated Producer
Comment 7: Extraordinary Expenses/General and Administrative
(G&A) Expenses
Comment 8: Financial Expense
V. Recommendation
[FR Doc. 2023-27949 Filed 12-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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