Notice2024-14713
Glycine From India: 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 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers and/or exporters subject to this administrative review did not make sales of subject merchandise at less than normal value during the period of review (POR) June 1, 2022, through May 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 129 (Friday, July 5, 2024)</title>
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[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55565-55567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14713]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: 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 certain producers and/or exporters subject to this administrative
review did not make sales of subject merchandise at less than normal
value during the period of review (POR) June 1, 2022, through May 31,
2023. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT: Peter K. Farrell or Tyler R. Weinhold,
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) 482-2104 or (202)
482-1121, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce published in the Federal Register an
antidumping duty order on glycine from India.\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, covering 30 foreign producers and/or exporters.\3\
On February 27, 2024, we extended the time limit for completion of
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 (June 1,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 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 product covered by the scope of the Order is glycine from
India. 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 the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Glycine from India; 2022-2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review
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. Commerce received requests for
review from Avid Organics Private Limited (Avid), a producer and
exporter of subject merchandise,\6\ Bajaj Healthcare Limited (Bajaj), a
producer and exporter of subject merchandise,\7\ Paras Intermediaries
Private Limited (Paras), an exporter of subject merchandise,\8\ and GEO
Specialty Chemicals, Inc. (GEO), a domestic interested party.\9\ On
September 22, 2023, Paras withdrew its review request.\10\ On November
1, 2023, GEO withdrew its requests for review with respect to 28
companies.\11\ Therefore all review requests were withdrawn for all
companies listed in the Initiation Notice, except for Avid, Bajaj, and
Kumar. Because the requests for review were timely withdrawn for the
remaining 27 companies and no other parties requested a review of these
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
partially rescinding this review of the Order for these companies,
identified in Appendix II of this notice.
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\6\ Avid requested a review of itself. See Avid's Letter,
``Request for Anti-Dumping Duty Administrative Review,'' dated June
28, 2023.
\7\ Bajaj requested a review of itself. See Bajaj's Letter,
``Request for An Administrative Review,'' dated June 30, 2023.
\8\ Paras requested a review of itself. See Paras' Letter,
``Request for Anti-Dumping Duty Administrative Review,'' dated June
28, 2023.
\9\ GEO requested a review of the following companies: (1)
Aditya Chemicals; (2) Adwith Nutrichem Private Limited; (3) Alchemos
Private Limited; (4) Alka Chemical Industries; (5) Alkanb Chemicals;
(6) Avid; (7) Bajaj; (8) Eagle Chemical Works; (9) Global Merchants;
(10) Indiana Chem-Port; (11) J.R. International; (12) Jain
Specialties Fine Chemicals; (13) JR Corporation; (14) Kaaha
Overseas; (15) Kronox Lab Sciences Ltd.; (16) Kumar Industries
(Kumar); (17) Ladleadd; (18) Lucas-TVS Limited; (19) Medbion
Healthcare Private Limited; (20) Medilane Healthcare Pvt. Ltd.; (21)
Meteoric Biopharmaceuticals; (22) Natural and Essential Oils Private
Limited; (23) Pan Chem Corporation; (24) Papchem Lifesciences (OPC)
Private Limited; (25) Paras; (26) Reliance Rasayan Pvt. Ltd.; (27)
Rexisize Rasayan Industries; (28) Shari Pharmachem Pvt., Ltd.; (29)
Tarkesh Trading Company; (30) Venus International; see Geo's Letter,
``Request for Administrative Review,'' June 30, 2023.
\10\ See Paras' Letter, ``Withdrawal of Review Request for Anti-
Dumping Duty Administrative Review,'' dated September 22, 2023.
\11\ See GEO's letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated October 31, 2024. GEO withdrew its
request for 28 out of the 30 companies for which it requested a
review, including Bajaj and Paras, but did not withdraw its request
for review for Avid or Kumar. Bajaj did not withdraw its own request
for review of itself.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum.\12\
A list of the topics discussed in the Preliminary Decision Memorandum
is included in Appendix I. 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
[[Page 55566]]
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>.
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\12\ See Preliminary Decision Memorandum.
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period June 1, 2022, through May 31,
2023:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Avid Organics Private Limited............................... 0.00
Kumar Industries............................................ 0.00
Bajaj Healthcare Limited.................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose to interested parties its calculations
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)(1)(ii), 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.\13\ 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.\14\ 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.\15\
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\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ 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).
\15\ 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.\16\ 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 results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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.\18\ 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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\18\ See 19 CFR 351.303(b).
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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 this administrative review, pursuant to section
751(a)(2)(A) of the Act, 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 a mandatory respondent is not zero or de minimis in
the final results of this review, we will calculate an importer-
specific assessment rate 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).\19\ If the weighted-average dumping margin is zero or de
minimis in the final results of review, or if an importer-specific
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\20\
For entries of subject merchandise during the POR produced by the
respondent(s) 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 \21\ if there is no rate for the intermediate
company(ies) involved in the transaction.\22\ 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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\19\ 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).
\20\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\21\ The all-others rate is 7.23 percent. See Glycine from
India: Final Determination of Sales at Less Than Fair Value, 84 FR
18487 (May 1, 2019).
\22\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies 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 these
companies, 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,\23\ 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
[[Page 55567]]
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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\23\ 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 final results of this
administrative review for all shipments of the subject merchandise
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 this administrative 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 less-than-
fair-value investigation but the producer is, then the cash deposit
rate will be the rate established in the most recently completed
segment of the proceeding for the producer of the merchandise; and (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
less-than-fair value investigation.\24\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\24\ See Order, 88 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 the countervailing 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(b)(4).
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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From Administrative Review
(1) Aditya Chemicals;
(2) Adwith Nutrichem Private Limited;
(3) Alchemos Private Limited;
(4) Alka Chemical Industries;
(5) Alkanb Chemicals;
(6) Eagle Chemical Works;
(7) Global Merchants;
(8) Indiana Chem-Port;
(9) J.R. International;
(10) Jain Specialties Fine Chemicals;
(11) JR Corporation;
(12) Kaaha Overseas;
(13) Kronox Lab Sciences Ltd.;
(14) Ladleadd;
(15) Lucas-TVS Limited;
(16) Medbion Healthcare Private Limited;
(17) Medilane Healthcare Pvt. Ltd.;
(18) Meteoric Biopharmaceuticals;
(19) Natural and Essential Oils Private Limited;
(20) Pan Chem Corporation;
(21) Paras;
(22) Papchem Lifesciences (OPC) Private Limited;
(23) Reliance Rasayan Pvt. Ltd.;
(24) Rexisize Rasayan Industries;
(25) Shari Pharmachem Pvt., Ltd.;
(26) Tarkesh Trading Company;
(27) Venus International
[FR Doc. 2024-14713 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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