2019-08831. Glycine From India: Final Determination of Sales at Less Than Fair Value  

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    AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (Commerce) determines that glycine from India is being, or is likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) January 1, 2017, through December 31, 2017.

    DATES:

    Applicable May 1, 2019.

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    FOR FURTHER INFORMATION CONTACT:

    Edythe Artman or Kent Boydston, 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) 482-3931 or (202) 482-5649, respectively.

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    SUPPLEMENTARY INFORMATION:

    Background

    On October 31, 2018, Commerce published in the Federal Register the Preliminary Determination of sales at LTFV of glycine from India.[1] A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.[2]

    Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.[3] If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. Accordingly, the revised deadline for the final determination of this investigation is now April 24, 2019.

    Period of Investigation

    The POI is January 1, 2017, through December 31, 2017.

    Scope of the Investigation

    The product covered by this investigation is glycine from India. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    We invited parties to comment on Commerce's Preliminary Scope Decision Memorandum.[4] Commerce has reviewed the briefs submitted by interested parties, considered the arguments therein, and has made no changes to the scope of the investigation. For further discussion, see Commerce's Scope Comments Final Decision Memorandum.[5]

    Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached at Appendix II. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B-8024 of Commerce's main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/​frn/​. The signed Issues and Decision Memorandum and electronic version are identical in content.

    Verifications

    As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce verified the sales and cost data reported by Kumar Industries, India (Kumar), and Paras Intermediates Private Limited (Paras) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents.

    Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Kumar and Paras since the Preliminary Determination. For a discussion of these changes, see the “Margin Calculations” section of the Issues and Decision Memorandum.

    All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated Start Printed Page 18488exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. In this investigation, Commerce calculated a company-specific rate for Kumar and Paras. Consequently, the weighted average of the rates calculated for the two companies will be assigned as the rate for all other producers and exporters.

    Final Determination

    The weighted-average dumping margins are as follows:

    Exporter/producerEstimated weighted-average dumping margin (percent)Cash deposit rate (adjusted for subsidy offset(s)) (percent)
    Kumar Industries, India6 7.750.76
    Paras Intermediates Private Limited7 10.867.83
    All Others9.314.30

    Disclosure

    We will disclose the calculations performed in this final determination within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b).

    Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of glycine from India, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after October 31, 2018, the date of publication in the Federal Register of the affirmative Preliminary Determination.

    Further, Commerce will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above, adjusted where appropriate, for export subsidies found in the final determination of the companion countervailing duty (CVD) investigation. Consistent with our longstanding practice, where the product under investigation is also subject to a concurrent CVD investigation, we instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price, less the amount of the CVD determined to constitute any export subsidies.[8]

    Therefore, in the event that a countervailing duty order is issued, and suspension of liquidation is resumed in the companion CVD investigation of glycine from India, Commerce will instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. Until such suspension of liquidation is resumed in the companion CVD investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the estimated weighted-average dumping margin column in the rate chart, above.

    International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of glycine from India no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce intends to issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.

    Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 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 violation subject to sanction.

    Notification to Interested Parties

    This determination and this notice are issued and published pursuant to sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).

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    Dated: April 24, 2019.

    Jeffrey I. Kessler,

    Assistant Secretary for Enforcement and Compliance.

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    Appendix I

    Scope of the Investigation

    The merchandise covered by this investigation is glycine at any purity level or grade. This includes glycine of all purity levels, which covers all forms of crude or technical glycine including, but not limited to, sodium glycinate, glycine slurry and any other forms of amino acetic acid or glycine. Subject merchandise also includes glycine and precursors of dried crystalline glycine that are processed in a third country, including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope glycine or precursors of dried crystalline glycine. Glycine has the Chemical Abstracts Service (CAS) registry number of 56-40-6. Glycine and glycine slurry are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is classified in the HTSUS under 2922.49.80.00. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

    Appendix II

    List of Topics Discussed in the Issues and Decision Memorandum

    I. Summary

    II. Background

    III. Period of Investigation

    IV. Scope of the Investigation

    V. Adjustment for Countervailable Export Subsidies

    VI. Changes Since the Preliminary Determination

    VII. Discussion of the Issues

    Comment 1: Application of Total Adverse Facts Available to Kumar

    Comment 2: Paras' Contributions for Corporate Social ResponsibilityStart Printed Page 18489

    Comment 3: Calculation of Paras' Short-term Interest Income

    VIII. Recommendation

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    Footnotes

    1.  See Glycine from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 54713 (October 31, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum.

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    2.  See Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Glycine from India,” dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum).

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    3.  See Memorandum, “Deadlines Affected by the Partial Shutdown of the Federal Government,” dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days.

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    4.  See “Glycine from India, Japan, the People's Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Determinations,” dated August 27, 2018 (Preliminary Scope Decision Memorandum).

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    5.  See Memorandum, “Glycine from India, Japan, the People's Republic of China and Thailand: Scope Comments Decision Memorandum for the Final Determinations,” dated April 24, 2019.

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    6.  See Memorandum to the File, “Final Determination Margin Calculation Memorandum for Kumar Industries, India”, dated concurrently with this memorandum.

    7.  See Analysis Memorandum for Paras, “Analysis of Data Submitted by Paras Intermediates Private Limited in the Final Determination of the Antidumping Duty Investigation of Glycine from India,” dated concurrently with this memorandum.

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    8.  See, e.g., Welded Line Pipe from the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362 (October 13, 2015), and Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers from the Republic of Korea, 77 17413 (March 26, 2012).

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    [FR Doc. 2019-08831 Filed 4-30-19; 8:45 am]

    BILLING CODE 3510-DS-P

Document Information

Published:
05/01/2019
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
2019-08831
Dates:
Applicable May 1, 2019.
Pages:
18487-18489 (3 pages)
Docket Numbers:
A-533-883
PDF File:
2019-08831.Pdf