[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Notices]
[Pages 2080-2081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-350]



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DEPARTMENT OF COMMERCE
[A-570-836]


Notice of Preliminary Affirmative Determination of Critical 
Circumstances: Glycine From the People's Republic of China

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

EFFECTIVE DATES: January 6, 1995.

FOR FURTHER INFORMATION CONTACT: Susan Strumbel, Office of 
Countervailing Investigations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1442.

Preliminary Critical Circumstances Determination

    The Department of Commerce (``the Department'') published its 
preliminary determination of sales at less than fair value in this 
investigation on November 16, 1994 (59 FR 59211). On December 1, 1994, 
petitioners alleged that there is a reasonable basis to believe or 
suspect that critical circumstances exist with respect to imports of 
the subject merchandise.
    In accordance with 19 CFR 353.16(b)(2)(ii), when a critical 
circumstances allegation is filed later than 20 days before the 
scheduled date of the preliminary determination (as was done in this 
case), we must issue our preliminary determination not later than 30 
days after the allegation is submitted.
    Section 733(e)(1) of the Tariff Act of 1930 Act of 1930 (``the 
Act'') provides that the Department will determine that critical 
circumstances exist if:
    (A)(i) there is a history of dumping in the United States or 
elsewhere of the class or kind of merchandise which is the subject of 
the investigation, or
    (ii) the person by whom, or for whose account, the merchandise was 
imported knew or should have known that the exporter was selling the 
merchandise which is the subject of the investigation at less than its 
fair value, and
    (B) there have been massive imports of the class or kind of 
merchandise which is the subject of the investigation over a relatively 
short period.

History of Dumping

    Petitioners in this investigation have not provided information 
indicating that there are outstanding third country antidumping duty 
orders on glycine from the People's Republic of China (``PRC''). 
Additionally, the Department has been unable to determine from its 
sources whether or not there are third country antidumping duty orders 
on glycine from the PRC.

Importer Knowledge

    With respect to the alternative first criterion, we have 
consistently determined that preliminary antidumping duty margins in 
excess of 25 percent on U.S. purchase price sales are sufficient to 
impute importer knowledge of sales at less than fair value. See, Final 
Determination of Sales at Less Than Fair Value: Silicon Metal from 
China (56 FR 18570, April 23, 1991) and Final Determination of Sales at 
Less Than Fair Value: Extruded Rubber Thread from Malaysia (57 FR 
38465, August 25, 1992). In this investigation, the rate for all 
companies, based on best information available (``BIA''), was in excess 
of 25 percent. Therefore, we determine that importers either knew or 
should have known that exporters were selling glycine at less than fair 
value.

Massive Imports

    Because we have preliminarily determined that the first statutory 
criterion is met for finding critical circumstances (i.e., importer 
knowledge of sales at less than fair value), we must consider the 
second statutory criterion: whether imports of the merchandise have 
been massive over a relatively short period.
    Because the potential respondents have impeded the Department's 
critical circumstances analysis by refusing to 
[[Page 2081]] participate in this investigation, we determine, as BIA, 
that imports have been massive over a short period. Therefore, we 
preliminarily determine that critical circumstances exist.

Final Critical Circumstances Determination

    We will make a final determination concerning critical 
circumstances when we make our final determination of sales at less 
than fair value in this investigation.

Suspension of Liquidation

    In accordance with section 733(d)(1) and 733(e)(2) of the Act, we 
are directing the Customs Service to suspend liquidation of all entries 
of glycine from the PRC, as defined in the ``Scope of the 
Investigation'' section of this notice, that are entered, or withdrawn 
from warehouse, for consumption on or after August 18, 1994, which is 
90 days prior to the date of publication of our affirmative preliminary 
determination in the Federal Register. This suspension of liquidation 
will remain in effect until further notice.

ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our determination.

Public Comment

    Written comments regarding this preliminary determination on 
critical circumstances should be incorporated into the case and 
rebuttal briefs which are due on January 5 and January 7, 1995, 
respectively. Parties wishing to comment on this determination, but who 
are unable to do so in the context of the case and rebuttal briefs 
noted above, should submit comments no later than January 13, 1995.
    This determination is published pursuant to section 733(f) of the 
Act.

    Dated: December 30, 1994.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 95-350 Filed 1-5-95; 8:45 am]
BILLING CODE 3510-DS-P