[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67275-67276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23144]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-858]


Notice of Final Determination of Sales at Less Than Fair Value: 
Glycine from the Republic of Korea

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

EFFECTIVE DATE: November 28, 2007.
SUMMARY: The Department of Commerce determines that imports of glycine 
from the Republic of Korea are being, or are likely to be, sold in the 
United States at less than fair value, as provided in section 735 of 
the Tariff Act of 1930, as amended (the Act). The final weighted-
average dumping margins are listed below in the section entitled 
``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Richard 
Rimlinger, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0665 or (202) 482-4477, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2007, the Department of Commerce (the Department) 
published the preliminary determination of sales at less than fair 
value (LTFV) in the antidumping investigation of glycine from the 
Republic of Korea. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Glycine from the Republic of Korea, 72 FR 52345 
(September 13, 2007) (Preliminary Determination). We invited parties to 
comment on Preliminary Determination. We did not receive any case or 
rebuttal briefs from any interested parties.

Period of Investigation

    The period of investigation is January 1, 2006, through December 
31, 2006.

Scope of Investigation

    The merchandise covered by this investigation is glycine, which in 
its solid (i.e., crystallized) form is a free-flowing crystalline 
material. Glycine is used as a sweetener/taste enhancer, buffering 
agent, reabsorbable amino acid, chemical intermediate, metal complexing 
agent, dietary supplement, and is used in certain pharmaceuticals. The 
scope of this investigation covers glycine in any form and purity 
level. Although glycine blended with other materials is not covered by 
the scope of this investigation, glycine to which relatively small 
quantities of other materials have been added is covered by the scope. 
Glycine's chemical composition is C2H5NO2 
and is normally classified under subheading 2922.49.4020 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    The scope of this investigation also covers precursors of dried 
crystalline glycine including, but not limited to, glycine slurry 
(i.e., glycine in a non-crystallized form) and sodium glycinate. 
Glycine slurry is classified under the same HTSUS subheading as 
crystallized glycine (2922.49.4020) and sodium glycinate is classified 
under subheading HTSUS 2922.49.8000.
    While HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this investigation is 
dispositive.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to provide information we requested, a producer and/or exporter of 
glycine from the Republic of Korea, Korea Bio-Gen Co., Ltd., also a 
mandatory respondent in this investigation, did not act to the best of 
its ability in responding to our questionnaire. Thus, the Department 
continues to find that the use of adverse facts available is warranted 
for this company under sections 776 (a)(2) and (b) of the Act. See 
Preliminary Determination, 72 FR at 52346. As we explained in 
Preliminary Determination, the rate of 138.83 percent we selected as 
the adverse facts-available rate is the highest margin alleged in the 
petition, as recalculated in the April 19, 2007, ``Office of AD/CVD 
Operations Initiation Checklist for the Antidumping Duty Petition on 
Glycine from the Republic of Korea'' (the Initiation Checklist) on file 
in Import Administration's Central Records Unit, Room 1870, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230. See also Petition for the Imposition of 
Antidumping Duties on Imports of Glycine from India, Japan, and the 
Republic of Korea filed on March 30, 2007 (the Petition), and the April 
3, 12, 13, 17, and 18, 2007, supplements to the Petition filed on 
behalf of Geo Specialty Chemicals, Inc. We included the range of 
margins we re-calculated in the Initiation Checklist in Glycine from 
India, Japan, and the Republic of Korea: Initiation of Antidumping Duty 
Investigations, 72 FR 20816 (April 26, 2007) (Initiation Notice). 
Further, as discussed in Preliminary Determination, we corroborated the 
adverse facts-available rate pursuant to section 776(c) of the Act.

All-Others Rate

    Section 735(c)(5)(B) of the Act provides that, where the estimated 
weighted-average dumping margins established for all exporters and 
producers individually investigated are zero or de minimis or are 
determined entirely under section 776 of the Act, the Department may 
use any reasonable method to establish the estimated all-others rate 
for exporters and producers not individually investigated. Our recent 
practice under these circumstances has been to assign, as the all-
others rate, the simple average of the margins in the petition. See 
Notice of Final Determinations of Sales at Less Than Fair Value: 
Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From 
Argentina, Japan and Thailand, 65 FR 5520, 5527-28 (February 4, 2000); 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Plate in Coil from Canada, 64 FR 15457 (March 
31, 1999), and Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Plate in Coil from Italy, 64 FR 15458, 15459 
(March 31, 1999). Consistent with our practice we calculated a simple 
average of the rates in the Petition, as recalculated in the Initiation 
Checklist at Attachment VI and as listed in Initiation Notice, and 
assigned this rate to all other manufacturers/exporters. For details of 
these calculations, see the memorandum from Dmitry Vladimirov to the 
File entitled ``Antidumping Duty Investigation on Glycine from the 
Republic of Korea - Analysis Memo for All-Others Rate,'' dated 
September 6, 2007.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period January 1, 2006, through December 31, 2006:

------------------------------------------------------------------------
                                                                Margin
                  Manufacturer or Exporter                     (percent)
------------------------------------------------------------------------
Korea Bio-Gen Co., Ltd......................................      138.83
All-Others..................................................      138.60
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.211(b)(1), we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from the Republic of Korea entered, or withdrawn from 
warehouse,

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for consumption on or after September 13, 2007, the date of the 
publication of Preliminary Determination. We will instruct CBP to 
require a cash deposit or the posting of a bond equal to the weighted-
average margin, as indicated in the chart above, as follows: (1) the 
rate for the mandatory respondent will be the rate we have determined 
in this final determination; (2) if the exporter is not a firm 
identified in this investigation but the producer is, the rate will be 
the rate established for the producer of the subject merchandise; (3) 
the rate for all other producers or exporters will be 138.60 percent. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    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 19 CFR 351.305. Timely notification of 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 determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: November 20, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23144 Filed 11-27-07; 8:45 am]
BILLING CODE 3510-DS-S