[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47176-47177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16051]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-836


Glycine from the People's Republic of China: Notice of Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On April 7, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on glycine from the People's 
Republic of China (``PRC''). See Glycine From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review, 
70 FR 17649 (April 7, 2005) (``Preliminary Results''). The 
administrative review covers the period March 1, 2003, through February 
29, 2004.
    Based on our analysis of the comments received, we have made 
changes in the margin calculation. Therefore, the final results differ 
from the Preliminary Results. The final weighted-average dumping margin 
for the reviewed company is listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: August 12, 2005.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy at (202) 482-5403; AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On April 7, 2005, the Department published in the Federal Register 
the Preliminary Results of its administrative review of the antidumping 
duty order on glycine from the PRC. See Preliminary Results. The 
administrative review covers the period March 1, 2003, through February 
29, 2004. The review covers one manufacturer/exporter of subject 
merchandise, Baoding Mantong Fine Chemistry Co., Ltd. (``Baoding 
Mantong'').
    Since the publication of the Preliminary Results, the following 
events have occurred. The Department invited parties to comment on the 
Preliminary Results. On April 25, 2005, Baoding Mantong submitted a 
Submission of Publicly Available Data For Use As Surrogate Values 
(``April 2005 Surrogate Value Submission''). On May 9, 2005, the 
Department received a timely filed case brief from Baoding Mantong 
(``Case Brief''). The Department did not receive a case brief from 
petitioners. The Department did not receive any rebuttal briefs. On May 
9, 2005, the respondent submitted a request for a hearing. On June 15, 
2005, the respondent submitted a letter to withdraw its request for a 
hearing.

Separate Rates

    Baoding Mantong has requested a separate, company-specific 
antidumping duty rate. In the Preliminary Results, the Department found 
that Baoding Mantong met the criteria for the application of a separate 
antidumping duty rate. The Department has not received any other 
information since the Preliminary Results which would warrant 
reconsideration of our separate-rate determination with respect to 
Baoding Mantong. Therefore, we determine that Baoding Mantong should be 
assigned an individual dumping margin in this administrative review.

Analysis of Comments Received

    All issues raised in the case brief by the party in this 
administrative review are addressed in the Issues and Decision 
Memorandum (``Issues and Decision Memorandum'') from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated August 5, 2005, which is hereby adopted in this 
notice. A list of the issues which the party has raised and to which 
the Department has responded in the Issues and 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 in the 
Central Records Unit (``CRU''), Room B-099, of the main Commerce 
building.
    In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.
    The Department has now completed this review in accordance with 
section 751 of the Tariff Act of 1930, as amended.

Scope of the Order

    The product covered by the order 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. This order covers glycine of all purity 
levels. Glycine is currently classified under subheading 2922.49.4020 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the merchandise under the order is 
dispositive.

Changes Since the Preliminary Results

    Based on information the Department received after the Preliminary 
Results, we have made certain changes to the margin calculation for 
Baoding Mantong. For a complete discussion of these changes, see the 
Issues and Decision Memorandum.
    Specifically, the Department has changed its selection of a 
surrogate value for the input of ammonia for the final results. See 
Issues and Decision Memorandum at Comment 1. The Department has also 
changed its selection of the surrogate companies to be used to value 
the financial ratios of overhead, selling, general, and administrative 
(``SG&A''), and profit for the final results. See Issues and Decision 
Memorandum at Comment 2.

[[Page 47177]]

Final Results of Review

    For these final results the Department determines that the 
following weighted-average margin percentage exists for the period 
March 1, 2003 through February 29, 2004:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd.............              12.29%
------------------------------------------------------------------------

Assessment of Antidumping Duties

    Upon completion of this administrative review, the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries. For assessment 
purposes, for Baoding Mantong and all exporters subject to the PRC-wide 
rate, the Department will direct CBP to assess the ad valorem rates 
against the entered value of each entry of subject merchandise during 
the period of review. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of the final 
results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these final results for this administrative review for 
all shipments of glycine from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the reviewed company, Baoding Mantong, will be the rate established 
above; (2) For previously-reviewed PRC and non-PRC exporters with 
separate rates, the cash deposit rate will be the company-specific rate 
established for the most recent period; (3) For all other PRC 
exporters, the cash deposit rate will be the PRC-wide rate of 155.89 
percent, and (4) For all other non-PRC exporters of the subject 
merchandise, the cash deposit rate 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. There are no changes to the rates applicable to 
any other companies under this antidumping duty order.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
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 
subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return/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 sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

Comment 1: Surrogate Value for Aqueous Ammonia
Comment 2: Financial Ratios
Comment 3: By-Product Offset
Comment 4: Alleged Clerical Error
[FR Doc. 05-16051 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S