Notice2023-28842
Glycine From India: Final Results of Countervailing Duty Administrative Review; 2021
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
January 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Kumar Industries, India (Kumar), a producer/exporter of glycine from India, received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 1 (Tuesday, January 2, 2024)</title>
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[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 60-62]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28842]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results of Countervailing Duty
Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Kumar Industries, India (Kumar), a producer/exporter of glycine from
India, received countervailable subsidies during the period of review
(POR), January 1, 2021, through December 31, 2021.
DATES: Applicable January 2, 2024.
FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or Harrison Tanchuck
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) 482-4275 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited interest
parties to comment.\1\ On September 22, 2023, Commerce extended the
deadline for issuing these final results to December 15, 2023.\2\ On
December 15, 2023, we further extended the deadline for these final
results to December 27, 2023.\3\ We received timely-filed case briefs
from GEO Specialty Chemicals, Inc. (the petitioner),\4\ the Government
of India (GOI),\5\ and the mandatory respondent in this review, Kumar
Industries, India (Kumar).\6\ We received timely-filed rebuttal briefs
from the petitioner \7\ and Kumar.\8\ For a complete description of the
events that occurred since the publication of the Preliminary Results,
see the Issues and Decision Memorandum.\9\
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\1\ See Glycine from India: Preliminary Results of
Countervailing Duty Administrative Review and Rescission, in Part;
2021, 88 FR 42298 (June 30, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2021,'' dated
September 22, 2023.
\3\ See Memorandum, ``Second Extension of Deadline for Final
Results of Countervailing Duty Administrative Review; 2021,'' dated
December 15, 2023.
\4\ See Petitioner's Letter, ``Case Brief of GEO Specialty
Chemicals, Inc.,'' dated July 31, 2023.
\5\ See GOI's Letter, ``Case Brief Submission on behalf of
Government of India (GOI),'' dated July 31, 2023.
\6\ See Kumar's Letter, ``Case Brief,'' dated July 31, 2023.
\7\ See Petitioner's Letter, ``Rebuttal Brief of Geo Specialty
Chemicals, Inc.,'' dated August 7, 2023.
\8\ See Kumar's Letter, ``Rebuttal Brief,'' dated August 7,
2023.
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Glycine from India; 2021,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order \10\
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\10\ See Glycine from India and the People's Republic of China:
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
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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.\11\
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\11\ See Issues and Decision Memorandum at 2.
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Analysis of Comments Received
All issues raised by interested parties in their case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
the topics discussed in the Issues and Decision Memorandum is provided
in Appendix I 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 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 our analysis of the comments received from interested
parties and of the record, we made certain changes from the Preliminary
Results. For a full description of these revisions, see the Issues and
Decision Memorandum.
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.\12\ For a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available (AFA) pursuant to sections 776(a)
and (b) of the Act, see the Issues and Decision Memorandum.
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\12\ 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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Companies Not Selected for Individual Review
In this review, the final rate calculated for Kumar, the mandatory
respondent, is not zero, de minimis, or based entirely on facts
available. Therefore, consistent with section 705(c)(5)(A) of the Act,
for the companies that were not selected as a mandatory respondent,
Commerce is basing the final subsidy rate for non-examined companies on
the final subsidy rate calculated for Kumar.
Final Results of Administrative Review
For the period January 1, 2021, through December 31, 2021, we
determine that the following net countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Kumar Industries, India \13\............................ 7.24
Rudraa International.................................... 7.24
Rexisize Rasayan Industries............................. 7.24
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Disclosure
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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 Issues and Decision Memorandum at 4.
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Commerce intends to disclose to 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, 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 26, 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. Rate for Non-Examined Companies
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
to Kumar
Comment 2: Whether the Duty Drawback Program is Countervailable
Comment 3: Whether Commerce Correctly Found Interest
Equalization Scheme on Pre- and Post-Shipment Rupee Export Credit
and Pre- and Post-Shipment Finance to be Separate Countervailable
Programs
Comment 4: Whether Commerce Should Adjust the Calculations for
the Interest Equalization Scheme on Pre- and Post-Shipment Rupee
Export Credit and Pre- and Post-Shipment Finance
Comment 5: Whether Commerce Should Use the Petitioner's
Benchmarks for the Interest Equalization Scheme on Pre- and Post-
Shipment Rupee Export Credit and Pre- and Post-Shipment Finance
Programs
Comment 6: Whether the State Government of Gujarat Conferred a
Benefit to Kumar
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through its Provision of Land for Less than Adequate Remuneration
IX. Recommendation
[FR Doc. 2023-28842 Filed 12-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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