[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58809-58810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20452]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-836


Glycine from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Final Rescission, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 12, 2007, the Department of Commerce (``the 
Department'') published in the Federal Register the Preliminary Results 
of the 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 and Preliminary Rescission, in Part, 72 FR 18457 
(April 12, 2007) (``Preliminary Results''). We gave interested parties 
an opportunity to comment on the Preliminary Results. Based upon our 
analysis of the comments and information received, we made changes to 
the margin calculations for the final results. We find that certain 
manufacturers/exporters sold subject merchandise at less than normal 
value during the period of review (``POR'') March 1, 2005, through 
February 28, 2006.

EFFECTIVE DATE:  October 17, 2007.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION:

Background

    The following events have occurred subsequent to the publication of 
the Preliminary Results. On April 27, 2007, we extended the deadline 
for submitting surrogate value (``SV'') information by 30 days, to June 
1, 2007. On June 1, 2007, parties \1\ submitted SV comments, and 
between June 4 and June 11, 2007, parties submitted rebuttal comments, 
as well as comments objecting to the submission of certain SV 
information by the other party. On June 14, 2007, we issued a letter 
stating that all SV information submitted by the parties would remain 
on the record and issued a supplemental questionnaire to NDCI regarding 
its ammonia factor of production (``FOP''). In the same letter, we also 
extended the deadlines for submitting case and rebuttal briefs. On June 
25, 2007, NDCI submitted its response regarding its ammonia FOP. GSC 
did not file rebuttal comments to NDCI's June 25, 2007, response. On 
July 16, 2007, parties filed their case briefs, and on July 23, 2007, 
parties filed their rebuttal briefs. On July 27, 2007, we extended the 
time limit for the completion of the final results of this review until 
October 9, 2007. See Glycine from the People's Republic of China: 
Extension of Time Limit for the Final Results of the 2005-2006 
Administrative Review, 72 FR 41292 (July 27, 2007). On October 2, 2007, 
we issued a letter rejecting as new factual information the surrogate 
value information filed by GSC on June 11, 2007, and requested that 
parties re-file their case and rebuttal briefs without reference to 
that submission by October 4, 2007. On October 3, 2007, GSC filed a 
letter objecting to the Department's letter of October 2, 2007. On 
October 4, 2007, the Department issued a letter providing an 
opportunity for NDCI to respond to GSC's letter of October 3, 2007. In 
the same letter, the Department also stated that parties did not need 
to re-file their case and rebuttal briefs until they received further 
notice. On October 5, 2007, NDCI filed a letter stating that the 
Department was correct to reject the surrogate value information GSC 
submitted on June 11, 2007, and that the Department should also reject 
GSC's October 3, 2007 letter.
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    \1\ The domestic interested party participating in this review 
is Geo Specialty Chemicals, Inc. (``GSC''), and the respondent party 
participating in this review is Nantong Dongchang Chemical Industry 
Corp. (``NDCI'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Antidumping Duty Order on Glycine from 
the People's Republic of China: Issues and Decision Memorandum for the 
2005-2006 Administrative Review, dated October 9, 2007 (``Issues and 
Decision Memo''), which is hereby adopted by this notice. A list of the 
issues which parties raised and to which we respond in the Issues and 
Decision Memo is attached to this notice as an Appendix. The Issues and 
Decision Memo is a public document and is on file in the Central 
Records Unit CRU, Main Commerce Building, Room B-099, and is accessible 
on the Web at http://ia.ita.doc.gov/frn/. The paper copy and electronic 
version of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of information on the record of this review, 
and comments received from the interested parties, we have made changes 
to the margin calculations for the respondent.
    We have changed two of the SVs used in the Preliminary Results. The 
values that were modified for these final results are those for ammonia 
and the surrogate financial ratios. For further details see Issues and 
Decision Memo at Comments 1 and 2 and Antidumping Duty Administrative 
Review of Glycine from the People's Republic of China: Surrogate Values 
for the Final Results, dated October 9, 2007. In addition, we have 
incorporated, where applicable, post-preliminary clarifications and 
calculation corrections. For further details on these changes, see 
Issues and Decision Memo at Comments 4 and 7.\2\
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    \2\ The specific calculation changes for NDCI can be found in 
the Memorandum to the File, Administrative Review of Glycine from 
the People's Republic of China: Analysis for the Final Results of 
Nantong Dongchang Chemical Industry Corp., dated October 9, 2007.
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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 review 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.

[[Page 58810]]

Partial Recession of the Administrative Review

    In the Preliminary Results, the Department issued a notice of 
intent to rescind the administrative review with respect to Baoding 
Mantong Fine Chemistry Co., Ltd. (``Baoding Mantong'') because we found 
no evidence that it made shipments of subject merchandise during the 
POR. The Department received no comments on this issue, and we did not 
receive any further information since the issuance of the Preliminary 
Results that provides a basis for a reconsideration of this 
determination. Therefore, the Department is rescinding this 
administrative review with respect to Baoding Mantong.

Separate Rates

    In our Preliminary Results, we determined that NDCI met the 
criteria for the application of a separate rate. We have not received 
any information or comments since the issuance of the Preliminary 
Results that provides a basis for reconsideration of this 
determination. Therefore, the Department continues to find that NDCI 
meets the criteria for a separate rate.

Final Results of the Review

    The Department has determined that the following final dumping 
margin exists for the period March 1, 2005, through February 28, 2006:

                          Glycine from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Nantong Dongchang Chemical Industry Corp............               38.67
------------------------------------------------------------------------

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``the Act''): (1) for subject merchandise exported by Nantong 
Dongchang, the cash-deposit rate will be that established in the final 
results of review; (2) for previously reviewed or investigated 
exporters not listed above that have separate rates, the cash-deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all PRC exporters of subject merchandise, 
which have not been found to be entitled to a separate rate, the cash-
deposit rate will be the PRC-wide rate of 155.89 percent; (4) for all 
non-PRC exporters of subject merchandise that have not received their 
own rate, the cash-deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification of Interested Parties

    This notice 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 the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled 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 as explained in the administrative protective order itself. 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 notice of the final results of this administrative review is 
issued and published in accordance with sections 751(a)(1) and 777(i) 
of the Act, and 19 CFR 351.213 and 351.221(b)(5).

    Dated: October 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

I. ISSUES & DECISION MEMORANDUM COMMENTS:

Comment 1: Ammonia Surrogate Value
Comment 2: Selection of Surrogate Financial Companies
Comment 3: Chlorine Surrogate Value
Comment 4: U.S. Inland Freight Valuation
Comment 5: Zeroing
Comment 6: CBP Assessment
Comment 7: Ministerial Errors
[FR Doc. E7-20452 Filed 10-16-07; 8:45 am]
BILLING CODE 3510-DS-S