Notice2026-12103
Glycine From India: Final Results of Countervailing Duty Administrative Review; 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
June 16, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain producers and exporters of glycine from India during the period of review (POR) January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Notices]
[Pages 36110-36112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12103]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Final Results of Countervailing Duty
Administrative Review; 2023
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 certain producers and
exporters of glycine from India during the period of review (POR)
January 1, 2023, through December 31, 2023.
DATES: Applicable June 16, 2026.
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 or (240) 956-8630,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2025, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited
interested parties to comment.\1\ Due to the lapse in appropriations
and Federal Government shutdown, on November 14, 2025, Commerce tolled
all deadlines in administrative proceedings by 47 days.\2\
Additionally, due to a backlog of documents that were electronically
filed
[[Page 36111]]
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\3\
Between March 24 and May 28, 2026, Commerce extended the time period
for issuing these final results by 60 days.\4\ Accordingly, the
deadline for these final results is now June 8, 2026.\5\
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\1\ See Glycine from India: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2023, 90 FR
48028 (October 3, 2025) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\4\ See Memoranda, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated March 24, 2026;
and ``Extension of Deadline for Final Results of Countervailing Duty
Administrative Review,'' dated May 28, 2026.
\5\ Commerce's practice dictates that, where a deadline falls on
a weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005). We note that the calculated deadline would be June 6, 2026;
however, because that date is a Saturday, the current deadline is
June 8, 2026.
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For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\6\ The
Issues and Decision Memorandum is a public document and is on file
electronically via 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/frnotices">https://access.trade.gov/frnotices</a>.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Glycine from India; 2023,'' dated concurrently with, and hereby
adopted by, this memorandum (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 product 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\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of topics discussed in the
Issues and Decision Memorandum is included as appendix to this notice.
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made certain changes from the Preliminary Results
regarding the subsidy calculations for Kumar Industries, India (Kumar).
For a discussion of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(l)(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 government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\9\ For a full description of the methodology
underlying all of Commerce's conclusions, including any determination
that relied upon the use of adverse facts available, pursuant to
sections 776(a) and (b) of the Act, see the Issues and 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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Rate for Non-Individually Examined Companies
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a CVD
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} .''
Under section 705(c)(5)(A)(i) of the Act, the all-others rate is
normally an amount equal to the weighted average countervailable
subsidy rates established for each of the companies individually
investigated, excluding any rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely on the basis of facts
available. Where the countervailable subsidy rates for each of the
individually examined companies is zero, de minimis, or based entirely
on facts available, section 705(c)(5)(A)(ii) of the Act provides that
Commerce may use ``any reasonable method to establish an all-others
rate for exporters and producers not individually investigated,
including averaging the weighted average countervailable subsidy rates
determined for the exporters and producers individually investigated.''
\10\
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\10\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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In this administrative review, Commerce calculated an individual
estimated countervailable subsidy rate for Kumar, the sole individually
examined respondent in this review. Because this individually
calculated subsidy rate is not zero, de minimis, or based entirely on
facts otherwise available, we are assigning the subsidy rate calculated
for Kumar to the company under review that was not selected for
individual examination (i.e., Bajaj Healthcare Limited (Bajaj
Healthcare)), pursuant to section 705(c)(5)(A)(i) of the Act.\11\
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\11\ Bajaj Healthcare is the only company that was not selected
for individual examination. See Preliminary Results PDM at 4.
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Final Results of Review
As a result of this review, we determine the following net
countervailable subsidy rates exist for the POR, January 1, 2023,
through December 31, 2023: \12\
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\12\ Commerce continues to determine that Advance Chemical
Corporation, Rexisize Rasayan Industries, Reliance Corporation, and
Rudraa International are cross-owned with Kumar. See Preliminary
Results PDM 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................................. 45.33
Bajaj Healthcare Limited................................ 45.33
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to 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 this notice in
accordance with 19 CFR 351.224(b).
Assessment
Consistent with section 751(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 of subject merchandise in accordance with the final results of
this review.
Commerce intends to issue assessment instructions to CBP regarding
Kumar and Bajaj Healthcare
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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).
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act and 19 CFR 351.107(e),
Commerce intends to instruct CBP to collect cash deposits of estimated
countervailing duties 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 administrative review,
as follows: (1) the cash deposit rate for the companies listed above
will be equal to the company-specific estimated individual
countervailable subsidy rates determined in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) if both the producer and exporter
of the subject merchandise have company-specific estimated subsidy
rates assigned, and their rates differ, then the applicable cash
deposit rate will be the higher of these two rates; (3) if either the
producer or the exporter, but not both, of the subject merchandise has
a company-specific estimated subsidy rate assigned, the applicable cash
deposit rate will be that company's company-specific rate; and (4) the
cash deposit rate for all other producers and exporters will be
continue to be 5.01 percent, the all-others subsidy rate established in
the investigation.\13\ These cash deposit instructions, when imposed,
shall remain in effect until further notice.
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\13\ See Order.
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Administrative Protective Order (APO)
This notice also serves as a final 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). 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 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: June 8, 2026.
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. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Kumar and its Cross-Owned Affiliates
Comment 2: Whether Commerce Should Adjust Kumar's Sales
Denominators and Kumar's Benefit Calculation for Pre- and Post-
Shipment Finance Program
Comment 3: Whether Commerce Should Apply AFA to Kumar with
Respect to Rudraa International
Comment 4: Whether the Duty Drawback (DDB) Program is
Countervailable
Comment 5: Whether the Pre- and Post-Shipment Finance Program is
Countervailable
Comment 6: Whether the Remission of Duties and Taxes on Export
Products (RoDTEP) is Countervailable
Comment 7: Whether the State Government of Gujarat (SGOG)
Provision of Water for Less Than Adequate Remuneration (LTAR) is
Countervailable
VIII. Recommendation
[FR Doc. 2026-12103 Filed 6-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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