Glycine From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2023
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Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of glycine from India, during the period of review January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 190 (Friday, October 3, 2025)</title>
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[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Notices]
[Pages 48028-48030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19414]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of glycine from India, during the period of review
January 1, 2023, through December 31, 2023. In addition, Commerce is
rescinding this review, in part. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 3, 2025.
FOR FURTHER INFORMATION CONTACT: Amber Hodak or Preston Cox, 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) 482-8034 respectively.
Background
On June 21, 2019, Commerce published in the Federal Register the
countervailing duty (CVD) order on glycine from India.\1\ On June 3,
2024, Commerce published the notice of the opportunity to request a
review of the Order.\2\ On July 29, 2024, based on timely requests for
review, Commerce published the notice of initiation of this
administrative review.\3\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative proceeding by 90 days.\4\ On April 28,
2025, Commerce 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 September 29, 2025.\5\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 47518 (June 3,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 60871, 60876-60877 (July 29, 2024)
(Initiation Notice).
\4\ See Memorandum, ``Tolling Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
28, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics included in the Preliminary Decision Memorandum is
provided as an appendix to this notice. The Preliminary
[[Page 48029]]
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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Glycine from India; 2023,'' 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.\7\
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\7\ Id.
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Rescission of Administrative Review, in Part
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their requests within 90 days of the date
of publication of the notice of initiation of the requested review. On
October 25, 2024, Deer Park Glycine, LCC (the petitioner) withdrew its
request for review of 21 companies within the 90-day deadline, pursuant
to 19 CFR 351.213(d)(1).\8\ For each of the 17 companies for which all
requests for review were timely withdrawn and which are not cross-owned
with a mandatory respondent,\9\ we are rescinding this review, in part,
with respect to these companies, pursuant to 19 CFR 351.213(d)(1). For
a list of these companies, see Appendix II.
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\8\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated November 15, 2024.
\9\ Bajaj Healthcare Limited (Bajaj) requested a review of
itself that was not withdrawn, and Reliance Corporation, Rexisize
Rasayan Industries, and Rudraa International are cross-owned with
mandatory respondent Kumar Industries, India (Kumar). Therefore,
these companies remain under review.
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Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines 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.\10\ For a full description of the methodology underlying our
conclusions, including our reliance, in part, on facts otherwise
available with adverse inferences pursuant to sections 776(a) and (b)
of the Act, see the Preliminary Decision Memorandum.
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\10\ 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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Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to apply companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. However, Commerce normally
determines the rates for non-selected companies in reviews in a manner
that is consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) states that for companies not
investigated, in general, we will determine an all-others rate by
weight averaging the countervailable subsidy rates established for each
of the companies individually investigated, excluding zero and de
minimis rates or any rates based solely on facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\11\ In this administrative review, Commerce calculated a
preliminary individual estimated countervailable subsidy rate for Kumar
the only individually examined exporter/producer in this review.
Because the only individually calculated subsidy rate is not zero, de
minimis, or based entirely on facts otherwise available, the subsidy
rate calculated for Kumar is the rate assigned to the company under
review that was not selected for individual examination (i.e., Bajaj),
pursuant to section 705(c)(5)(A)(i) of the Act.\12\
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\11\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\12\ Bajaj is the only company that will be assigned the subsidy
rate calculated for companies under review that were not selected
for individual examination. See Memorandum, ``Correction of Notice
of Intent to Rescind Review, in Part,'' dated August 21, 2025.
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Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rates exist for the period, January 1, 2023,
through December 31, 2023: \13\
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\13\ Commerce continues to determine that Advance Chemical
Corporation, Rexisize Rasayan Industries, Reliance Corporation, and
Rudraa International are cross-owned with Kumar Industries, India.
See Preliminary Decision Memorandum at 16-17; see also Glycine from
India: Final Results of the Countervailing Duty Administrative
Review; 2022, 89 FR 95180 (December 2, 2024); and Glycine from
India: Preliminary Results of Countervailing Duty Administrative
Review; 2018-2019, 86 FR 37738 (July 16, 2021).
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Subsidy rate
Company (percent ad
valorem)
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Kumar Industries, India................................. 9.41
Bajaj Healthcare Limited................................ 9.41
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for 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 accordance with 19 CFR 351.224(b).
Verification
Commerce received a timely request from the petitioner to verify
the information submitted in this administrative review, pursuant to 19
CFR 307(b)(1)(iv).\14\ As provided in section 782(i)(3) of the Act,
Commerce intends to verify the information relied upon in making its
final results.
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\14\ See Petitioner's Letter, ``Verification Request,'' dated
October 11, 2024.
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Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than seven days after the date of the last
verification report issued in this administrative review. 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.\15\
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of contents listing each issue; and
(2) a table of authorities.\16\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully
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in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\15\ 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).
\16\ See 19 CFR 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 briefs 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.\17\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time 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 participants are foreign nationals; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\19\
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\19\ 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.
For the companies listed in Appendix II for which the review is
being rescinded, 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 the period January
1, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue rescission instructions to
CBP no earlier than 35 days after the date of publication of this
notice 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).
Cash Deposit Rates
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others 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, we intend to issue the final
results of this administrative review, which will include our analysis
of the issues raised in the case briefs, within 120 days after the date
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 29, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Administrative Review
1. Aditya Chemicals
2. Avid Organics Pvt. Ltd.
3. Eagle Chemical Works
4. Euroasias Ingredients Pvt., Ltd.
5. Euroasias Organics Pvt., Ltd.
6. Euroasia Trans Continental
7. Elementis Specialties India Pvt., Ltd.
8. Gulbrandsen Technologies (India) Pvt. Ltd.
9. Global Merchants
10. J.R. Corporation
11. Lucas TVs Ltd.
12. Kronox Lab Sciences Pvt., Ltd.
13. Medilane Healthcare Pvt., Ltd.
14. Natural and Essential Oils Pvt., Ltd.
15. Paras Intermediates Pvt., Ltd.
16. Shari Pharmachem Pvt. Ltd.,
17. Tarkesh Trading Co.
[FR Doc. 2025-19414 Filed 10-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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