Notice2025-02458
Glycine From Japan: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement; 2018-2020
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
February 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is issuing these amended final results pursuant to a settlement agreement with Nagase & Co., Ltd. (Nagase) with respect to the final results of the administrative review of glycine from Japan during the period of review (POR) October 31, 2018, through May 31, 2020.
Full Text
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<title>Federal Register, Volume 90 Issue 27 (Tuesday, February 11, 2025)</title>
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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9320-9321]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02458]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-878]
Glycine From Japan: Notice of Amended Final Results of
Antidumping Duty Administrative Review Pursuant to Settlement; 2018-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is issuing these
amended final results pursuant to a settlement agreement with Nagase &
Co., Ltd. (Nagase) with respect to the final results of the
administrative review of glycine from Japan during the period of review
(POR) October 31, 2018, through May 31, 2020.
DATES: Applicable February 11, 2025.
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:
Background
On September 29, 2021, Commerce published the final results of the
2018-2020 administrative review of the antidumping duty (AD) order on
glycine from Japan.\1\ In the Final Results, Commerce calculated a
weighted-average dumping margin of 27.71 percent for Nagase for the
POR.\2\
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\1\ See Glycine from Japan: Final Results of Antidumping Duty
Administrative Review; 2018-2020, 86 FR 53946 (September 29, 2021),
and accompanying Issues and Decision Memorandum (IDM); and Glycine
from Japan: Final Results of Administrative Review; 2018-2020;
Correction, 86 FR 57127 (October 14, 2021) (collectively, Final
Results).
\2\ Id.
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Following the publication of the Final Results, Nagase filed a
lawsuit with the U.S. Court of International Trade (CIT) challenging
certain aspects of Commerce's Final Results, including: (1) Commerce's
inclusion of certain research and development (R&D) expenses unrelated
to Nagase's costs of producing glycine; (2) Commerce's inclusion of
compensation for payment expenses; and (3) Commerce's refusal to modify
the importer-specific AD assessment rate calculated for Nagase's
affiliated importer. On April 11, 2023, the CIT sustained, in part, and
remanded, in part, Commerce's final results.\3\ Commerce filed its
remand redetermination on August 9, 2023. In its remand
redetermination, Commerce modified its treatment of the R&D expenses at
issue and made no changes to its calculation methodology of the
importer-specific AD assessment rate for Nagase's affiliated
importer.\4\ The CIT sustained Commerce's redetermination on July 30,
2024.\5\ On October 2, 2024, Nagase appealed the decision to the U.S.
Court of Appeals for the Federal Circuit (Federal Circuit).
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\3\ See Nagase & Co. v. US, 628 F.Supp.3d 1326 (CIT 2023).
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Nagase & Co. v. US, Court No. 21-00574, Slip Op. 23-46 (CIT
April 11, 2023), dated August 8, 2023, available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\5\ See Nagase & Co., Ltd. v. US, 719 F.Supp.3d 1343 (CIT 2024).
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On January 30, 2025, the United States and Nagase entered into an
agreement to settle this dispute. Pursuant to the terms of settlement,
the parties have agreed to a final assessment as discussed below. The
Federal Circuit issued its order dismissing the appeal on February 3,
2025.\6\
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\6\ See Nagase & Co., Ltd. v. US, CAFC 2025-1008, ECF No. 22,
Order of Dismissal (February 3, 2025).
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Assessment Rates
Consistent with the settlement agreement and the order of
dismissal, issued on February 3, 2025, Commerce will instruct U.S.
Customs and Border Protection (CBP) to liquidate all unliquidated
entries produced by Yuki Gosei Kogyo Co., Ltd., exported by Nagase, and
imported by Nagase America LLC or Nagase America Corporation at the
rate at which cash deposits were collected at the time of entry during
the 2018-2020 period of review and otherwise to liquidate entries of
glycine produced by Yuki Gosei Kogyo Co., Ltd., exported by Yuki Gosei
Kogyo Co., Ltd. or Nagase, and imported by an unaffiliated importer
(i.e., an importer other than Nagase America LLC or Nagase America
Corporation) at the importer-specific assessment rate determined by
Commerce in the Final Results.
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined,
and CBP shall assess, antidumping duties on all appropriate
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entries of subject merchandise in accordance with these revised final
results of review.
Cash Deposit Requirements
Because Nagase has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we are not revising the cash deposit rate and will not issue
revised cash deposit instructions to CBP.
Notification to Interested Parties
We are issuing this determination and publishing these amended
final results and notice in accordance with section 516(a)(e) of the
Act.
Dated: February 5, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-02458 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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