[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28306]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF COMMERCE
[A-570-836]
Preliminary Determination of Sales at Less than Fair Value:
Glycine from the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 16, 1994.
FOR FURTHER INFORMATION CONTACT: Susan Strumbel, Office of
Countervailing Investigations, Import Administration, U.S. Department
of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-1442.
PRELIMINARY DETERMINATION: We preliminarily determine that imports of
glycine from the PRC are being, or are likely to be, sold in the United
States at less than fair value, as provided in section 733 of the
Tariff Act of 1930, as amended (the Act). The estimated margins are
shown in the ``Suspension of Liquidation'' section of this notice.
Case History
Since the initiation of this investigation on July 28, 1994 (59 FR
38435), the following events have occurred.
On August 15, 1994, the U.S. International Trade Commission (ITC)
issued an affirmative preliminary injury determination in this case.
On August 18, 1994, the China Chamber of Commerce for Metals,
Minerals, and Chemicals (CCCMMC) was given a questionnaire
presentation. At this time, the DOC requested CCCMMC to provide a list
of the producers and exporters of glycine in the PRC.
On September 7, 1994, the CCCMMC requested an extension of the
questionnaire responses until September 23, 1994. Counsel on behalf of
Sinochem Shanghai Pudong Trading Corporation (Sinochem) and Dastech
Inc. (Dastech) requested a further extension until October 3, 1994. On
October 3, 1994, the Department once again requested that CCCMMC
identify the universe of glycine producers and exporters in the PRC.
On October 5, 1994, the Department contacted counsel for Sinochem
and Dastech and was informed that these companies no longer intended to
participate. On October 6, 1994, counsel for the petitioners requested
that the Department issue an expedited preliminary determination. On
October 17, 1994, the Department sent a letter to the CCCMMC requesting
confirmation of the glycine producers' and exporters' intention not to
participate in this investigation. On October 18, 1994, we received a
letter in response to the Department's October 3, 1994 letter, stating
that ``until now nobody wanted to defend the case.'' The letter did not
provide any information with regard to the universe of glycine
producers and exporters in the PRC. We have received no response to our
October 17, 1994, letter.
Scope of Investigation
The product covered by this investigation 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 sweetnener/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''). The scope of this
investigation includes glycine of all purity levels.
Although the HTSUS subheading is provided for convenience and
Customs purposes, our written description of the scope of this
proceeding is dispositive.
Period of Investigation
The period of investigation is February 1994, through July 1994.
Best Information Available
Because no producers or exporters of glycine responded to our
questionnaire, we are basing our determination on best information
available (BIA) pursuant to section 776(c) of the Act, which provides
that the Department shall use BIA when a company identified by the
Department as a respondent refuses to provide requested information.
In determining what rate to use as BIA, the Department follows a
two-tiered methodology, whereby the Department normally assigns lower
margins to those respondents who cooperated in an investigation and
margins based on more adverse assumptions for those respondents who did
not cooperate in an investigation. According to this methodology, as
outlined in the Final Determination of Sales at Less Than Fair Value:
Certain Hot-Rolled Carbon Steel Flat Products, Certain Cold-Rolled
Carbon Steel Flat Products, and Certain Cut-to-Length Carbon Steel
Plate from Belgium, 58 FR 37083 (July 9, 1993), when a company refuses
to provide the information requested in the form required, or otherwise
significantly impedes the Department's investigation, it is appropriate
for the Department to assign to that company the higher of 1) the
highest margin alleged in the petition, or 2) the highest calculated
rate of any respondent in the investigation. (See Allied Signal
Aerospace Co. v. United States, 996 F. 2d 1185, 1191-92 (Fed. Cir.
1993).) Because there were no cooperative respondents in this
investigation, we are assigning to all exporters, as BIA, a margin of
155.89 percent, the highest margin calculated in the petition, adjusted
for methodological errors as explained in the Department's initiation
notice.
Suspension of Liquidation
In accordance with section 733(d)(1) of the Act, we are directing
the Customs Service to suspend liquidation of all entries of glycine
from the PRC that are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register. The Customs Service shall require a cash deposit or
posting of a bond equal to the estimated preliminary dumping margin, as
shown below. The suspension of liquidation will remain in effect until
further notice.
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Margin
Manufacturer/producer/exporter percentage
------------------------------------------------------------------------
All Companies.............................................. 155.89
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ITC Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our determination. If our final determination is affirmative,
the ITC will determine whether these imports are materially injuring,
or threaten material injury to, the U.S. industry before the later of
120 days after the date of this preliminary determination or 45 days
after our final determination.
Public Comment
In accordance with 19 CFR 353.38(b), we will hold a public hearing,
if requested, to afford interested parties an opportunity to comment on
arguments raised in case or rebuttal briefs. Interested parties who
wish to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Import
Administration, U.S. Department of Commerce, Room B-099, within ten
days of the publication of this notice. Requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If this
investigation proceeds normally, we will make our final determination
within 75 days of the signing of this preliminary determination.
This determination is published pursuant to section 733(f) of the
Act and 19 CFR 353.15(a)(4).
Dated: November 8, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-28306 Filed 11-15-94; 8:45 am]
BILLING CODE 3510-DS-P