95-7727. Antidumping Duty Order: Glycine From the People's Republic of China

[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Pages 16115-16116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7727]



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[[Page 16116]]

DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-836]


Antidumping Duty Order: Glycine From the People's Republic of 
China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT: Sue Strumbel or Kristie Strecker, 
Office of Countervailing Investigations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
[phone] or [phone], respectively.

Scope of Order

    The product covered by this proceeding 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. Glycine is currently classified under 
subheading 2922.49.4020 of the Harmonized Tariff Schedule of the United 
States (HTSUS). This proceeding includes glycine of all purity levels.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this 
investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''), on January 23, 1995, the Department of Commerce 
(``the Department'') made its final determination that glycine from the 
People's Republic of China (``PRC'') is being sold at less than fair 
value (60 FR 5620, January 23, 1995). On March 14, 1995, the U.S. 
International Trade Commission (``ITC'') notified the Department of its 
final determination, pursuant to section 735(b)(1)(A)(ii) of the Act, 
that an industry in the United States is threatened with material 
injury by reason of imports of the subject merchandise. Additionally, 
pursuant to section 735(b)(4)(B) of the Act (19 U.S.C. 1673d(b)(4)(B)), 
the ITC examined whether material injury would have been found ``but 
for'' the suspension of liquidation of the merchandise. Of the votes in 
the ITC's final determination (Publication 2863), three constitute an 
affirmative ``but for'' finding, and two constitute a negative ``but 
for'' finding. MBL (USA) Corp. v. the United States, 787 F.Supp. 202 
(CIT 1992). One Commissioner stated that the ``but for'' finding was 
moot because there are no imports that could be affected by a ``but 
for'' determination. Based on the three affirmative votes, we have 
determined that the ITC made an affirmative ``but for'' finding. Even 
if the non-voting commissioner voted negative on ``but for'', we would 
consider the ``but for'' vote affirmative, in accordance with the tie 
vote rule. 19 US.C 1677 (11).
    When the ITC finds threat of material injury, and there is an 
affirmative ``but for'' finding, the ``General Rule'' provision of 
section 736(b)(1) of the Act applies. Therefore, in accordance with 
section 736 of the Act, the Department will direct United States 
Customs officers to assess, upon further advice by the administering 
authority pursuant to section 736(a)(1) of the Act, antidumping duties 
equal to the amount by which the foreign market value of the 
merchandise exceeds the United States price for all entries of glycine 
from the PRC. According to the ``General Rule'' these antidumping 
duties will be assessed on all unliquidated entries of glycine from the 
PRC entered or withdrawn from warehouse, for consumption, on or after 
November 16, 1994, the date on which the Department published its 
preliminary determination notice in the Federal Register (59 FR 59211).
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, the following cash 
deposits for the subject merchandise:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average 
               Manufacturer/Producer/Exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
All Companies...............................................      155.89
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
glycine from the PRC, pursuant to section 736(a) of the Act. Interested 
parties may contact the Central Records Unit, Room B-099 of the Main 
Commerce Building, for copies of an updated list of antidumping duty 
orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.

    Dated: March 22, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-7727 Filed 3-28-95; 8:45 am]
BILLING CODE 3510-DS-P