Notice2024-14659
Glycine From Japan: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
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 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review June 1, 2022, through May 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 128 (Wednesday, July 3, 2024)</title>
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[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Notices]
[Pages 55228-55230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14659]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Preliminary Results and Rescission, in Part,
of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review June 1, 2022, through May 31, 2023. We invite
interested parties to comment on these preliminary results.
DATES: Applicable July 3, 2024.
FOR FURTHER INFORMATION CONTACT: John K. 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:
[[Page 55229]]
Background
On June 21, 2019, Commerce published the antidumping duty order on
glycine from Japan.\1\ On June 1, 2023, Commerce published in the
Federal Register a notice of opportunity to request an administrative
review of the Order.\2\ On August 3, 2023, Commerce published the
notice of initiation of the administrative review of the Order.\3\ On
February 27, 2024, Commerce extended the time limit for these
preliminary results to June 27, 2024, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (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, 88 FR 35835, 35836
(June 1, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271, 51276 (August 3, 2023)
(Initiation Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
27, 2024.
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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 on
Glycine from Japan; 2022-2023,'' 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)(2) 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 our conclusions, see the
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
a public document and is made available to the public 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Rescission of Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Chattem Chemicals, Inc.
withdrew its request for review of Showa Denko K.K.\6\ Because the
request for review was timely withdrawn and no other parties requested
a review of this company, in accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review with respect to Showa Denko K.K.
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\6\ See Chattem Chemicals, Inc.'s Letter, ``Partial Withdrawal
of Request for Administrative Review,'' dated October 23, 2023.
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period June 1, 2022, through May
31, 2023.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.\7\........... 0.99
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Disclosure and Public Comment
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\7\ Commerce previously determined that Nagase & Co., Ltd. and
Yuki Gosei Kogyo Co., Ltd. are affiliated within the meaning of
section 771(33)(E) of the Act and should be treated as a single
entity pursuant to 19 CFR 351.401(f). See Glycine from Japan: Final
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
88052, 88053 (December 20, 2023) at footnote 5. We have received no
information in this administrative review that would change our
finding for the purposes of these preliminary results of review.
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Commerce intends to disclose to interested parties its calculations
and analysis performed in these preliminary results, 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 the
Federal Register, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs or other written comments to the Assistant Secretary for
Enforcement and Compliance 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 five days after the
date for filing case briefs.\8\ Interested parties who submit case or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\9\
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\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\9\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide, at the beginning of their
briefs, a public executive summary for each issue raised in their
briefs.\10\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\12\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
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\12\ See 19 CFR 351.303.
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[[Page 55230]]
Final Results of Review
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 and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\13\ If the weighted-average dumping
margin for Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd. is not zero or
de minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate an importer-specific assessment rate. Where
the respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem 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).\14\ Where the respondent did not
report entered values, in accordance with 19 CFR 351.212(b)(1),
Commerce will calculate importer/customer-specific assessment rates by
dividing the amount of dumping for reviewed sales to the importer/
customer by the total quantity of those sales. Commerce will calculate
an estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported. Where an importer/customer-specific ad valorem
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at the time of liquidation. If Yuki
Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.'s weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate for one of these companies is zero or
de minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\15\ 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.\16\
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\13\ See 19 CFR 351.212(b)(1).
\14\ 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).
\15\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For Showa Denko K.K., for which we are rescinding this
administrative review, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the period of review, in accordance with 19 CFR
351.212(c)(1)(i). For Showa Denko K.K., Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of these preliminary results in the Federal Register.
Consistent with its recent notice,\17\ 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). 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.
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\17\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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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 Japan 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 be 53.66
percent, the all-others rate established in the less-than-fair-value
investigation.\18\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170, 29171 (June 21, 2019).
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Notification to Importers
This notice 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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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.
Dated: June 27, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Affiliation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-14659 Filed 7-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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