[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67332-67334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23427]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on glycine from the
People's Republic of China (China), covering the period March 1, 2019
through February 29, 2020. Commerce preliminarily determines that
Studio Disrupt, Mulji Mehta Enterprises (Mulji Mehta), Kumar Industries
(Kumar), and Baoding Mantong Fine Chemistry Co., Ltd. (Baoding Mantong)
did not have shipments of subject merchandise during the period of
review (POR). Additionally, Commerce preliminarily finds Avid Organics
Private Limited (Avid) to be part of the China-wide entity. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable October 22, 2020.
FOR FURTHER INFORMATION CONTACT: John C. McGowan, 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) 482-3019.
SUPPLEMENTARY INFORMATION:
Background
On March 2, 2020, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
glycine from China for the POR.\1\ On May 6, 2020, in response to a
timely request from the petitioner,\2\ and in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
antidumping duty order on glycine from China with respect to Avid;
Studio Disrupt; Mulji Mehta; Kumar; and Baoding Mantong.\3\ On July 21,
2020, Commerce tolled all deadlines in administrative reviews by 60
days, thereby extending the deadline for these preliminary results
until February 1, 2021.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 12267 (March 2, 2020).
\2\ The petitioner is GEO Specialty Chemical Inc. See
Petitioner's Letter, ``Glycine from the People's Republic of China
(A-570-836): Request for Administrative Review,'' dated March 31,
2020.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931, 26935 (May 6, 2020).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
In accordance with Commerce's practice, 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).
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Scope of the Order
The product covered by this antidumping duty order is glycine,
which is a free-flowing crystalline material, like salt or sugar.
Glycine is produced at varying levels of purity and is used as a
sweetener/taste enhancer, a buffering agent, reabsorbable amino acid,
chemical intermediate, and a metal complexing agent. This proceeding
includes glycine of all purity levels. Glycine is currently classified
under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the
United States (HTSUS).\5\ Although the
[[Page 67333]]
HTSUS subheading is provided for convenience and customs purposes, the
written description of the merchandise under the order is dispositive.
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\5\ In separate scope rulings, Commerce determined that: (a) D(-
) Phenylglycine Ethyl Dane Salt is outside the scope of the order;
and (b) PRC-origin glycine exported from India remains the same
class or kind of merchandise as the Chinese-origin glycine imported
into India. See Notice of Scope Rulings and Anticircumvention
Inquiries, 62 FR 62288 (November 21, 1997); and Glycine from the
People's Republic of China: Final Partial Affirmative Determination
of Circumvention of the Antidumping Duty Order, 77 FR 73426
(December 10, 2012), respectively.
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Preliminary Determination of No Shipments
For the purpose of respondent selection, on May 12, 2020, we
requested U.S. Customs and Border Protection (CBP) data. This query
returned no entries by the companies subject to this administrative
review during the POR.\6\ Subsequently, we received timely submissions
from Studio Disrupt; Mulji Mehta; Kumar; and Baoding Mantong,
certifying that they did not have sales, shipments, or exports of
subject merchandise to the United States during the POR. In order to
confirm these certifications, we issued inquiries to CBP requesting
that CBP alert Commerce if CBP has any information contrary to these no
shipment claims.\7\ On August 20, 2020, we received notification from
CBP that there is no information contrary to the no shipment claims.\8\
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\6\ See Memorandum, ``Glycine from the People's Republic of
China; 2019-2020: Release of U.S. Customs and Border Protection
Import Data,'' dated May 12, 2020.
\7\ See CBP message numbers 0230401, 0230402, 0230403, and
0230404, dated August 17, 2020, and available at https://aceservices.cbp.dhs.gov/adcvdweb/.
\8\ See Memorandum, ``Glycine from the People's Republic of
China (A-570-836) (A-533-975): No shipment inquiries with respect to
the companies below during the period 03/01/2019 through 02/29/
2020,'' dated August 20, 2020.
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Because we have not received information to the contrary from CBP,
consistent with our practice, we preliminarily determine that Studio
Disrupt; Mulji Mehta; Kumar; and Baoding Mantong had no shipments of
subject merchandise during the POR.\9\
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\9\ See, e.g., Certain Steel Threaded Rod from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 84 FR 71900 (December 30, 2019).
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\10\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 155.89 percent) is not subject to change.\11\
Aside from the no shipment companies, discussed above, Commerce
considers all companies for which a review was requested and which did
not file a separate rate application or a no shipment certification
letter (i.e., Avid) not eligible for a separate rate and, accordingly,
to be part of the China-wide entity.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\11\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China; Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
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Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of
these preliminary results of review. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the case briefs are filed.\12\
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\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (Temporary Rule).
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Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\ Parties who submit case briefs
or rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\14\ Executive summaries
should be limited to five pages total, including footnotes.\15\ Case
and rebuttal briefs should be filed using ACCESS.\16\
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\13\ See 19 CFR 351.303 (for general filing requirements); see
also Temporary Rule; and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ Id.
\16\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS, within 30
days after the date of publication of this notice. Requests should
contain the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined.\17\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of these preliminary results in the Federal Register,
unless otherwise extended.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuing the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\19\ Commerce intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. We intend to instruct CBP to
liquidate entries of subject merchandise exported by the China-wide
entity, including the five companies for which a review was requested,
at the China-wide rate. Additionally, pursuant to Commerce's practice
in non-market economy (NME) cases, any suspended entries of subject
merchandise during the POR under case numbers for the companies for
which a review was requested will be liquidated at the China-wide
rate.\20\
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\19\ See 19 CFR 351.212(b).
\20\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed China and non-China exporters that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (2) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity, which is 155.89 percent; and (3) for all non-
China exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-China exporter.
[[Page 67334]]
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during these PORs. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: October 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-23427 Filed 10-21-20; 8:45 am]
BILLING CODE 3510-DS-P