Notice2024-28150
Glycine From India: Final Results of the Countervailing Duty Administrative Review; 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 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were 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.
Full Text
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<title>Federal Register, Volume 89 Issue 231 (Monday, December 2, 2024)</title>
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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95180-95181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28150]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results 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) determines that
countervailable subsidies were 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.
DATES: Applicable December 2, 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 July 5, 2024, Commerce published the Preliminary Results of this
administrative review.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On
November 12, 2024, Commerce extended the deadline for these final
results to November 19, 2024.\3\ On November 18, 2024, Commerce further
extended the deadline for these final results by an additional three
days, to November 22, 2024.\4\ We received timely filed case and
rebuttal briefs from Deer Park Glycine, LLC (the petitioner) and
Kumar.\5\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\6\
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\1\ See Glycine from India: Preliminary Results and Partial
Rescission of the Countervailing Duty Administrative Review; 2022,
89 FR 55550 (July 5, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated November 12,
2024.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated November 18,
2024.
\5\ See Petitioner's Letter, ``Case Brief of Deer Park Glycine,
LLC,'' dated August 5, 2024; see also Kumar's Letter, ``Rebuttal
Brief,'' dated August 12, 2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Glycine from India; 2022,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>7</SUP>
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\7\ 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.\8\
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\8\ Id. at 2.
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Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
attached as an 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 directly
at https://access/<a href="http://trade.gov/public/FRNoticesListLayout.aspx">trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the arguments raised and a review of the record and all
supporting documentation, we made certain changes to 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 to be countervailable, Commerce
finds 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 methodology
underlying our conclusions, including any determination that relied
upon the use of adverse facts available pursuant to section 776(a) and
(b) of the Act, see the accompanying Issues and Decision Memorandum.
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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Final Results of Review
Commerce determines that the following countervailable subsidy rate
exists for the period January 1, 2022, through December 31, 2022:\10\
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\10\ As discussed in the Preliminary Results and Issues and
Decision Memorandum, Commerce has found the following companies to
be cross-owned with Kumar Industries, India: Advance Chemical
Corporation, Rexisize Rasayan Industries, and Reliance Corporation.
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Subsidy
rate
Company (percent
ad
valorem)
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Kumar Industries, India; Advance Chemical Corporation; 6.03
Rexisize Rasayan Industries; Reliance Corporation..........
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to
[[Page 95181]]
interested parties for these final results within five days of any
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 sections 751(a)(1) and (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 for the above-listed companies at the applicable ad valorem
assessment rates. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the 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 statutory injunction has expired (i.e., within 90
days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, 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. 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, effective upon publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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 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
Commerce is issuing the final results and publishing this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 22, 2024.
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. Subsidies Valuation Information
V. Analysis of Programs
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Kumar
Comment 2: Whether Kumar Violated 18 U.S.C. 1001
VIII. Recommendation
[FR Doc. 2024-28150 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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