[Federal Register Volume 66, Number 21 (Wednesday, January 31, 2001)]
[Notices]
[Pages 8383-8384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2688]



[[Page 8383]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine from the People's Republic of China: Final Results of New 
Shipper Administrative Review

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

ACTION: Notice of final results in the antidumping duty new shipper 
administrative review of glycine from the People's Republic of China.

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SUMMARY: On September 7, 2000, the Department of Commerce 
(``Department'') published the preliminary results of the 
administrative review of the antidumping duty order on glycine from the 
People's Republic of China. This review covers one manufacturer/
exporter. The period of review (``POR'') is March 1, 1999 through 
August 30, 1999.
    Based on our analysis of the comments received, we have made 
changes to the margin calculation. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
for the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: January 31, 2001.

FOR FURTHER INFORMATION CONTACT: Robert Bolling or Rick Johnson, 
Enforcement Group III, Office 9, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue, N.W., Washington, D.C. 20230, telephone: (202) 482-3434, and 
(202) 482-3818, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(``Act'') are references to the provisions effective January 1, 1995, 
the effective date of the amendments made to the Act by the Uruguay 
Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations at 19 CFR Part 351 (2000).

Background

    The Department published in the Federal Register an antidumping 
duty order on glycine from the PRC on March 29, 1995 (60 FR 16116). On 
September 30, 1999, the Department received a request from Nantong 
Dongchang Chemical Industry Corporation (``Nantong'') for a new shipper 
review pursuant to section 751(a)(2)(B) of the Act and section 
351.214(b) of the Department's regulations. These provisions state 
that, if the Department receives a request for review from an exporter 
or producer of the subject merchandise which states that it did not 
export the merchandise to the United States during the period covered 
by the original less-than-fair-value (``LTFV'') investigation and that 
such exporter or producer is not affiliated with any exporter or 
producer who exported the subject merchandise during that period, the 
Department shall conduct a new shipper review to establish an 
individual weighted-average dumping margin for such exporter or 
producer who exported, if the Department has not previously established 
such a margin for the exporter or producer. The regulations require 
that the exporter or producer shall include in its request, with 
appropriate certifications: (1) The date on which the merchandise was 
first entered, or withdrawn from the warehouse, for consumption, or, if 
it cannot certify as to the date of the first entry, the date on which 
it first shipped the merchandise for export to the United States, or if 
the merchandise has not yet been shipped or entered, the date of sale; 
(2) a list of the firms with which it is affiliated; (3) a statement 
from such exporter or producer, and from each affiliated firm, that it 
did not, under its current or a former name, export the merchandise 
during the POI, and (4) in an antidumping proceeding involving inputs 
from a nonmarket economy country, a certification that the export 
activities of such exporter or producer are not controlled by the 
central government. See 19 CFR 351.214(b)(2)(ii), (iii), and (iv).
    Nantong's request was accompanied by information and certifications 
establishing the date on which it first shipped the subject 
merchandise. Nantong also claimed it had no affiliated companies which 
exported glycine from the PRC during the POI. In addition, Nantong 
certified that its export activities are not controlled by the central 
government. Based on the above information, the Department initiated a 
new shipper review covering Nantong (see Glycine from the People's 
Republic of China: Initiation of New Shipper Administrative Review (64 
FR 61834, November 15, 1999)). Due to extraordinarily complicated 
issues in this case, the Department extended the deadline for 
completion of the preliminary results of the new shipper review, first 
on April 17, 2000 (see Notice of Extension of Time Limit for 
Preliminary Results of New Shipper Antidumping Review: Glycine from the 
People's Republic of China, 65 FR 20431), and then on May 26, 2000 (see 
Notice of Extension of Time Limit for Preliminary Results of New 
Shipper Antidumping Review: Glycine from the People's Republic of 
China, 65 FR 34147). Additionally, due to complicated issues in this 
case, the Department extended the deadline for completion of the final 
results of the new shipper review, to January 24, 2001 (see Notice of 
Extension of Time Limit for Final Results of New Shipper Antidumping 
Review: Glycine from the People's Republic of China, 65 FR 70549, 
November 24, 2000). The Department has now completed this 
administrative review in accordance with section 751 of the Act.

Scope of the Review

    The product covered by this review 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 subheading is provided for convenience and 
Customs purposes, the written description of the scope of this review 
is dispositive. This review covers the period March 1, 1999 through 
August 31, 1999.

Separate Rates

    In the preliminary results, the Department determined that Nantong 
was entitled to a separate rate. No interested party contested our 
finding during our briefing stage of this proceeding. Therefore, for 
the final results, we continue to determine that Nantong is entitled to 
a separate rate.

Normal Value Comparisons

    To determine whether respondent's sales of the subject merchandise 
to the United States were made at Normal Value (``NV''), we compared 
its United States price to NV, as described in the ``United States 
Price'' and ``Normal Value'' sections of this notice.

United States Price

    For the final results, we calculated United States price as we did 
in the preliminary results. No interested party contested our finding 
during our briefing stage of this proceeding.

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Normal Value

    For the final results, we calculated NV as we did in the 
preliminary results, except for the changes we made based on interested 
party comments. See Changes Since the Preliminary Results section of 
this notice for a brief description of our changes.

Currency Conversion

    We made currency conversions in accordance with section 773A of the 
Act based on the rates certified by the Federal Reserve Bank.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties this 
new shipperr administrative review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from Joseph A. 
Spetrini, Deputy Assistant Secretary, Import Administration, to Bernard 
T. Carreau, Acting Assistant Secretary for Import Administration, dated 
January 24, 2001, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file at the U.S. Department of Commerce, in the 
Central Records Unit, in room B-099. In addition, a complete version of 
the Decision Memo, accessible in B-099 and on the web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes to 
the margin calculation. For the final results, we have made the 
following three changes: (1) We have corrected our formula to calculate 
methyl alcohol in our calculation worksheet; (2) we have corrected our 
worksheet by calculating a weighted average for chloroacetic acid 
(``MCA''), and have used the full range of MCA import prices from 
Chemical Weekly for the POR to value MCA; and (3) we used the surrogate 
value information on hexamine for the POR from the ``General Market 
Information'' of Chemical Weekly. Any alleged programming or clerical 
errors with which we do not agree are discussed in the relevant 
sections of the ``Decision Memorandum,'' accessible in B-099 and on the 
Web at http://ia.ita.doc.gov.

Final Results of Review

    We determine that the following percentage weighted-average margin 
exists for the period March 1, 1999 through August 31, 1999:

                                 Glycine
------------------------------------------------------------------------
                                                             Weighted-
             Producer/manufacturer/exporter               average margin
                                                             (percent)
------------------------------------------------------------------------
Nantong Dongchang Chemical Industry Corp................           17.99
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service 
(``Customs'') shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b), we have calculated 
exporter/importer-specific assessment rates. We divided the total 
dumping margins for the reviewed sales by the total entered value of 
those reviewed sales for each importer. We will direct Customs to 
assess the resulting percentage margin against the entered Customs 
values for the subject merchandise on each of that importer's entries 
under the relevant order during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the new shipper 
administrative review for all shipments of glycine from the People's 
Republic of China entered, or withdrawn from warehouse, for consumption 
on or after the date of publication, as provided by section 751(a)(1) 
of the Act: (1) The cash deposit rate for the reviewed company will be 
the rate shown above; (2) the cash deposit rate for PRC exporters who 
received a separate rate in a prior segment of the proceeding but for 
whom a review was not requested for this POR will continue to be the 
rate assigned in that segment of the proceeding; (3) the cash deposit 
rate for the PRC NME entity (i.e., all other exporters, which have not 
been reviewed) will continue to be 155.89 percent; and (4) the cash 
deposit rate for non-PRC exporters of subject merchandise from the PRC 
will be the rate applicable to the PRC supplier of that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and in the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 24, 2001.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.

Appendix

Changes Since the Preliminary Results

    1. Methyl Alcohol
    2. Chloroacetic acid (``MCA'')
    3. Hexamine

Discussion of the Issues

1. Factors of Production

    a. Choloracetic Acid
    b. Hexamine
    c. The Valuation of Water
    d. Electricity
    e. Coal
    f. SG&A, Overhead, and Profit

2. Other Issues

    a. Eligibility for a New Shipper Review
    b. No Sales and Entries during the POR
    c. Ministerial Errors

[FR Doc. 01-2688 Filed 1-30-01; 8:45 am]
BILLING CODE 3510-DS-P