Notice2024-14766
Glycine From India: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2022
Primary source
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Published
July 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to Kumar Industries, India (Kumar), a producer and exporter of glycine from India during the period of review (POR) January 1, 2022, through December 31, 2022. 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 55550-55552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14766]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to Kumar
Industries, India (Kumar), a producer and exporter of glycine from
India during the period of review (POR) January 1, 2022, through
December 31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or Amber Hodak 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) 482-8034,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce published the countervailing duty (CVD)
order on glycine from India.\1\ On August 3, 2023, based on these
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce published a notice of initiation of an administrative review
the Order.\2\ Commerce partially extended the time period for issuing
these preliminary results, in accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the Act), to June 28, 2024.\3\
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\1\ See Glycine from India and the People's Republic of China:
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271, 51277 (August 3, 2023)
(Initiation Notice). GEO requested a review of 31 companies,
including Pan Chem Corporation. Pan Chem Corporation was
inadvertently omitted from the Initiation Notice. As a result, there
was an incorrect total of 30, rather than 31, companies included in
the Initiation Notice for this administrative review. As explained
below, in these preliminary results of review, Commerce is
rescinding the review of many of those companies, including Pan
Chem, based on the timely withdrawal of the review request.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
January 24, 2024; see also Memorandum, ``Extension of Deadline for
Preliminary Results of Countervailing Duty Administrative Review,''
dated June 3, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. 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 complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Glycine from India; 2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is glycine from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
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 party or parties
that requested a review withdraw the request within 90 days of the date
of publication of the notice of initiation of the requested review.
Between June 28 and 30, 2023, Commerce received timely requests for
administrative reviews of 31 producers/exporters from various
interested parties, in accordance with section 751(a)(1) of the Act and
19 CFR 351.213(b)(1).\5\ On September 22, 2023, Paras withdrew its
request for review of itself.\6\ On October 31, 2023, the petitioner
\7\ timely withdrew its request for administrative review of 30
producers/exporters.\8\ Because the withdrawal letters were timely
filed, and no other party requested a review of the companies listed in
the withdrawal letters, in accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of the Order with respect to the 30
companies listed in Appendix II. For additional information regarding
this determination, see the Preliminary Decision Memorandum.
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\5\ See Paras Intermediates Private Limited's (Paras) Letter,
``Request for Countervailing Duty Administrative Review,'' dated
June 28, 2023; see also Kumar's Letter, ``Request for Administrative
Review of Countervailing duty Order,'' dated June 29, 2023; GEO
Specialty Chemicals, Inc.'s (GEO) Letter, ``Request for
Administrative Review,'' dated June 30, 2023 (GEO Request for
Administrative Review); and Memorandum, ``Phone Conversation with an
Interested Party,'' dated July 20, 2023.
\6\ See Paras' Letter, ``Withdrawal of Review Request for
Countervailing Duty Administrative Review,'' dated September 22,
2023 (Paras Withdrawal of Review Request).
\7\ On January 1, 2024, GEO, the former petitioner in this
proceeding, filed an amended administrative protective order (APO)
application, disclosing that it transferred all its glycine business
to Deer Park Glycine, LLC. As a result, Deer Park Glycine, LLC (the
petitioner) became the new petitioning party in this administrative
review. See Memorandum, ``Amended APO Application,'' dated January
17, 2024.
\8\ See GEO's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated October 31, 2023 (GEO Withdrawal of
Review Request).
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found to be countervailable, we preliminarily determine that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\9\ For a full description of the
[[Page 55551]]
methodology underlying our conclusions, see the accompanying
Preliminary Decision Memorandum.
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\9\ 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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Preliminary Results of Review
As a result of this review, Commerce preliminary determines the
following countervailable subsidy rate for the period January 1, 2022,
through December 31, 2022:
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Subsidy rate
Company (ad valorem
percent)
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Kumar Industries, India................................. 2.01
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance.\10\ Pursuant to 19
CFR 351.309(c), interested parties may submit case briefs to Commerce
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.\11\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) table of contents listing
each issue; (2) a table of authorities.\12\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\11\ 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).
\12\ See 19 CFR 351.309(c)(2) and 351.309(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 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.\13\ Further,
we request that interested parties limited 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 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ 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, filed
electronically via ACCESS. Hearing requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically-filed hearing request must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after
the date of publication of this notice. If a request for a hearing is
made, parties will be notified of the time and date of the hearing.\15\
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\15\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to CBP
regarding mandatory respondent, Kumar, 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).
For the companies rescinded from this review, as identified in
Appendix II, Commerce will instruct CBP to assess countervailing duties
on all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption during period January 1,
2022, through December 31, 2022, 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 of review in the Federal
Register.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, upon publication of the
final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed 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, except where the rate
calculated in the final results is zero or de minimis. For all non-
reviewed firms, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues by the parties in any written briefs, no later than
120 days after the date of publication of these preliminary results.
Notification to Interested Parties
These preliminary results are being issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: June 28, 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. Rescission of Administrative Review, in Part
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
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Appendix II
Companies for Which Commerce Is Rescinding the Administrative Review
1. Avid Organics Private Limited
2. Paras Intermediates Private Limited
3. Aditya Chemicals
4. JR Corporation
5. Medilane Healthcare Pvt. Ltd.
6. Adwith Nutrichem Private Limited
7. Tarkesh Trading Company
8. Eagle Chemical Works
9. Alkanb Chemicals
10. Shari Pharmachem Pvt., Ltd.
11. Lucas-TVS Limited
12. Medbion Healthcare Private Limited
13. Alka Chemical Industries
14. J.R. International
15. Papchem Lifesciences (OPC) Private Limited
16. Kaaha Overseas
17. Bajaj Healthcare Limited
18. Global Merchants
19. Ladleadd
20. Jain Specialty Fine Chemicals
21. Alchemos Private Limited
22. Kronox Lab Sciences Ltd.
23. Venus International
24. Natural and Essential Oils Private Limited
25. Indiana Chem-Port
26. Pan Chem Corporation
27. Meteoric Biopharmaceuticals
28. Rudraa International
29. Rexisize Rasayan Industries
30. Reliance Rasayan Pvt. Ltd.
[FR Doc. 2024-14766 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 5, 2024.
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