[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16640-16642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6450]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-845


Notice of Final Determination of Sales at Less Than Fair Value: 
Glycine from India

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

EFFECTIVE DATE: March 28, 2008.
SUMMARY: On November 7, 2007, the Department of Commerce published its 
preliminary determination and amended preliminary determination, 
respectively, of the investigation of sales at less than fair value in 
the antidumping duty investigation of glycine from India. See Notice of 
Preliminary Determination of Sales at Less Than Fair Value: Glycine 
From India, 72 FR 62827 (November 7, 2007), and Notice of Amended 
Preliminary Determination of Sales at Less Than Fair Value: Glycine 
From India, 72 FR 62826 (November 7, 2007).
    The Department of Commerce has determined that glycine from India 
is being, or is 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 estimated margins of sales at less than fair 
value are listed below in the section entitled ``Final Determination of 
Investigation.''

FOR FURTHER INFORMATION CONTACT: George Callen or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0180 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    The preliminary and amended preliminary determinations in this 
investigation were published on November 7, 2007. See Notice of 
Preliminary Determination of Sales at Less Than Fair Value: Glycine 
From India, 72 FR 62827 (November 7, 2007) (Preliminary Determination), 
and Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Glycine From India, 72 FR 62826 (November 7, 2007). Since 
then, we determined that an allegation of critical circumstances 
submitted by the petitioner on October 12 and 25, 2007, was inadequate. 
See Memorandum from Kristin Case to Laurie Parkhill dated November 13, 
2007. We have also conducted sales and cost verifications of the 
responses submitted by Paras Intermediates, Ltd. (Paras). See Memoranda 
to the file entitled ``Verification of the Sales Response of Paras 
Intermediates Pvt. Ltd. in the Antidumping Duty Investigation of 
Glycine from India'' dated January 23, 2008, and ``Verification of the 
Cost Response of Paras Intermediates Private Ltd, in the Antidumping 
Investigation of Glycine from India'' dated February 20, 2008, 
available in the Central Records Unit (CRU), room 1117 of the main 
Department of Commerce building. On February 22, 2008, we released a 
memorandum entitled ``Proposed Adjustments to the Cost of Production 
and Constructed Value Data Paras Intermediates Pvt. Ltd.'' and invited 
interested parties to submit comments. We received a case brief from 
Paras on March 3, 2008; the petitioner, GEO Specialty Chemicals, Inc. 
(GEO), filed a rebuttal brief on March 5, 2008.

[[Page 16641]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the ``Issues and 
Decision Memorandum for the Antidumping Duty Investigation of Glycine 
from India for the Period of Investigation January 1, 2006, through 
December 31, 2006'' (Decision Memorandum) from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated March 21, 
2008, 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 investigation and the corresponding recommendations in the 
Decision Memorandum which is on file in CRU. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

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, the written description of the scope of this investigation is 
dispositive.

Period of Investigation

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

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we have made certain changes to the margin calculation 
for Paras. For a discussion of these changes, see memorandum from 
George Callen to The File entitled ``Glycine from India - Final 
Determination of Sales at Less Than Fair Value Analysis Memorandum for 
Paras'' dated March 21, 2008, and the memorandum from Angela Strom to 
Neal Halper entitled ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Determination Paras Intermediates 
Pvt. Ltd.'' dated March 21, 2008.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to provide information we requested, certain producers and/or exporters 
of glycine from India did not act to the best of their ability in 
responding to our requests for information. Thus, the Department 
continues to find that the use of adverse facts available is warranted 
for these companies under sections 776(a)(2) and (b) of the Act. See 
Preliminary Determination, 72 FR at 62829. As we explained in the 
Preliminary Determination, the rate of 121.62 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 India'' (the Initiation Checklist) on file in CRU. 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 submitted by GEO. We selected this rate 
from 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 the Preliminary 
Determination, we corroborated the adverse facts-available rate 
pursuant to section 776(c) of the Act.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins and any margins determined entirely under section 776 
of the Act. For this final determination we have calculated a margin 
for Paras that is above de minimis. Therefore, for purposes of 
determining the all-others rate and pursuant to section 735(c)(5)(A) of 
the Act, because other respondents are receiving margins based on 
adverse facts available, we are using the dumping margin we have 
calculated for Paras as indicated in the ``Final Determination of 
Investigation'' section below.

Final Determination of Investigation

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

------------------------------------------------------------------------
              Manufacturer or Exporter                 Margin (percent)
------------------------------------------------------------------------
Paras Intermediates, Ltd............................               10.90
Abhiyan Media Pvt. Ltd..............................              121.62
Advanced Exports/Aico Laboratories..................              121.62
Ashok Alco-Chem, Ltd................................              121.62
Bimal Pharma, Pvt., Ltd.............................              121.62
Euro Asian Industrial Co............................              121.62
EPIC Enzymes Pharmaceuticals & Industrial...........              121.62
Indian Chemical Industries..........................              121.62
Kumar Industries....................................              121.62
Nutracare International/Salvi Chemical Industries...              121.62
Sisco Research Laboratories Pvt. Ltd................              121.62
Sealink International, Inc..........................              121.62
All Others..........................................               10.90
------------------------------------------------------------------------

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 India entered, or withdrawn from warehouse, for 
consumption on or after November 7, 2007, the date of the publication 
of Preliminary Determination, for all producers/exporters other than 
Paras. Because we found Paras to have a de minimis margin in the 
Preliminary Determination, we will instruct U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of subject 
merchandise from India from

[[Page 16642]]

Paras and entered, or withdrawn from warehouse, for consumption on or 
after the date of the publication of this final 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 respondents will be the rates 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 
10.90 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: March 21, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Work-in-Process Inventories
Comment 2: Recovery of Bad Debts
Comment 3: Duty Drawback
Comment 4: Interest Income Offset
Comment 5: Appropriate Sales Database to Use
[FR Doc. E8-6450 Filed 3-27-08; 8:45 am]
Billing Code: 3510-DS-S