[Federal Register Volume 66, Number 43 (Monday, March 5, 2001)]
[Notices]
[Pages 13284-13285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5279]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the Peoples Republic of China: Amended Final Results 
of New Shipper Administrative Review

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

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

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EFFECTIVE DATE: March 5, 2001.

FOR FURTHER INFORMATION CONTACT: Robert Bolling or Rick Johnson, AD/CVD 
Enforcement Group III, Office 9, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3434 or (202) 482-3818, respectively.

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.

Amendment of Final Results

    On January 31, 2001, the Department of Commerce (the Department) 
published the final results of its new shipper administrative review on 
glycine from the People's Republic of China (66 FR 8383). This review 
covered Nantong Dongchang Chemical Industry Corp., a new shipper of the 
subject merchandise to the United States. The period of review (POR) is 
March 1, 1999 through August 31, 1999.
    On February 2, 2001, we received a submission from Hampshire 
Chemical Corporation and Chattem Chemicals (collectively, 
``Petitioners'') alleging a clerical error in the final results of this 
new shipper administrative review of the antidumping duty order on 
glycine from the People's Republic of China. Respondent submitted 
rebuttal comments on February 8, 2001. The allegation and rebuttal 
comments were filed in a timely fashion.
    Comment 1: Petitioners allege that the Department committed a 
ministerial error in the final results of the new shipper review. 
Petitioners state that the Department used an incorrect factory 
overhead surrogate value that was derived from the financial statement 
of Daurala Organics Ltd. Petitioners claim that the Department used a 
21.07 percent factory overhead surrogate value; however, the correct 
percentage is 21.70 percent.
    Respondent argues that no clerical error has occurred and 
therefore, no recalculation of the final margin is necessary. 
Respondent asserts that under section 351.224(c) of the Department's 
regulations, comments concerning ministerial errors made in the 
preliminary results are to be included in an interested parties case 
brief. Respondent contends that petitioners' alleged error occurred 
during the preliminary stage of this review, and thus petitioners' 
comments are untimely according to Department regulations and no 
correction needs to be made to the factory overhead ratio.
    Department's Position: After a review of petitioners' allegation, 
we agree with petitioners and have corrected our calculation worksheet 
to correct the factory overhead surrogate value. For the factory 
overhead ratio we used to correct this ministerial error, please see 
the Memorandum from Robert A.

[[Page 13285]]

Bolling to Edward Yang dated February 21, 2001, a public version of 
which is available in the Central Records Unit, Room B-099 of the 
Department of Commerce Building, 14th Street and Constitution Ave, NW., 
Washington, DC.

Amended Final Results of New Shipper Review

    As a result of our review and the correction of the ministerial 
error described above, we have determined that the following margin 
exists:

                                 Glycine
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
               Producer/manufacturer/exporter                   margin
                                                              (percent)
------------------------------------------------------------------------
Nantong Dongchang Chemical Industry Corp...................        18.60
------------------------------------------------------------------------

    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.
    Furthermore, the following deposit requirements will be effective, 
upon publication of this notice of amended final results of the new 
shipper review for all shipments of glycine from the People's Republic 
of China entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided for 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)(2) 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. Effective 
January 20, 2001, Bernard T. Carreau is fulfilling the duties of the 
Assistant Secretary for Import Administration.

    Dated: February 26, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-5279 Filed 3-2-01; 8:45 am]
BILLING CODE 3510-DS-P