Notice2025-06362
Glycine From India: Final Results 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
April 15, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise below normal value during the period of review (POR) June 1, 2022, through May 31, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 71 (Tuesday, April 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Notices]
[Pages 15689-15691]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06362]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883]
Glycine From India: Final Results 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) determines that
[[Page 15690]]
producers and/or exporters subject to this administrative review made
sales of subject merchandise below normal value during the period of
review (POR) June 1, 2022, through May 31, 2023.
DATES: Applicable April 15, 2025.
FOR FURTHER INFORMATION CONTACT: Tyler 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) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
On July 5, 2024, Commerce published the Preliminary Results of the
2022-2023 administrative review of the antidumping duty order on
glycine from India.\1\ On July 22, 2024, Commerce tolled the deadline
to issue the final results in this administrative review by seven
days.\2\ On November 7, 2024, Commerce extended the deadline for these
final results to January 8, 2025.\3\ On December 9, 2025, Commerce
tolled the deadline for these final results by 90 days.\4\ Accordingly,
the deadline for these final results is now April 8, 2025. Commerce
conducted this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Glycine from India: Preliminary Results and Rescission,
In Part, of Antidumping Duty Administrative Review; 2022-2023, 89 FR
55565 (July 5, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Glycine from India: Extension of Deadline
for Final Results of Antidumping Duty Administrative Review,'' dated
November 7, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Issues and Decision Memorandum for Final
Results of Antidumping Duty Administrative Review of Glycine from
India; 2022-2023,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>6</SUP>
---------------------------------------------------------------------------
\6\ See Glycine from India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR
29170 (June 21, 2019) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is glycine from India. For a
complete description of the scope of this Order, see the Issues and
Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at 2.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this administrative review are addressed in the
Issues and Decision Memorandum. A list of the issues addressed in the
Issues and Decision Memorandum is attached to this notice as an
appendix. 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 <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties on the Preliminary Results, we find it appropriate
to apply a dumping margin based on facts available to Kumar Industries
(Kumar), in accordance with section 776(a)) of the Act, because
necessary information is not available on the record, Kumar withheld
requested information, failed to provide such information by the
established deadlines, and significantly impeded this proceeding.
Further, Commerce determines that an adverse inference is warranted in
selecting from among the facts otherwise available pursuant to section
776(b) of the Act because Kumar failed to cooperate to the best of its
ability. As a result, we have also revised the rate assigned to the
company not selected for individual examination, Bajaj Healthcare
Limited, as explained below. For further discussion, see the Issues and
Decision Memorandum.
Rate for Non-Selected Respondent
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review.
Section 735(c)(5)(A) of the Act states that the all-others rate
should be calculated by averaging the weighted-average dumping margins
for individually-examined respondents, excluding rates that are zero,
de minimis, or based entirely on facts available. When the rates for
individually examined companies are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use any reasonable method to establish the all-others
rate.
In these Final Results, we calculated a zero percent dumping margin
for Avid Organics Private Limited (Avid) and we based Kumar's dumping
margin entirely on facts available with adverse inferences. Therefore,
we assigned to the non-selected respondent, Bajaj Healthcare Limited, a
rate equal to the simple average of the dumping margins for Avid and
Kumar, consistent with the guidance in section 735(c)(5)(B) of the
Act.\6\
Final Results of Review
We determine that the following estimated weighted-average dumping
margins exist for the POR June 1, 2022, through May 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Avid Organics Private Limited............................... 0.00
Kumar Industries............................................ * 57.17
Bajaj Healthcare Limited.................................... 28.59
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in the final results of this
administrative review 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 accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this administrative review. For any individually examined respondent
whose weighted-average dumping margin is above de minimis (i.e., 0.50
percent), we calculated importer-specific assessment rates on the basis
of the ratio of the total amount of antidumping duties calculated for
each importer's examined sales and the total entered value of the
sales, in
[[Page 15691]]
accordance with 19 CFR 351.212(b)(1).\8\ Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\9\
For entries of subject merchandise during the POR 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 such entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
---------------------------------------------------------------------------
\8\ 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).
\9\ Id., 77 FR 8102-03; see also 19 CFR 351.106(c)(2).
\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of these final
results of administrative review for all shipments of glycine from
India 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
continue to be 7.23 percent, the all-others rate established in the
investigation of sales at less than fair value, adjusted for the
export-subsidy rate in the companion countervailing duty
investigation.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\11\ See Order, 84 FR 29171.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final 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.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction 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 the terms of an APO is a sanctionable
violation.
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)(5).
Dated: April 8, 2025.
Christopher Abbott,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Application of Facts Available and Adverse Inferences
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Kumar
Comment 2: Whether Commerce Should AFA to Avid
Comment 3: Whether Commerce Should Rely on Constructed Value
(CV)
Comment 4: Whether Kumar Violated 18 U.S.C. 1001
VII. Recommendation
[FR Doc. 2025-06362 Filed 4-14-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 15, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.