[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72817-72818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29543]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary Partial 
Rescission of Antidumping Duty Administrative Review; 2011-2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on glycine from the 
People's Republic of China (the PRC). The period of review (POR) is 
March 1, 2011, through February 29, 2012. The review covers one 
exporter of subject merchandise, Baoding Mantong Fine Chemistry Co. 
Ltd. (Baoding Mantong). We have preliminarily found that Baoding 
Mantong has not cooperated to the best of its ability and has withheld 
information, significantly impeding the proceeding. Therefore, we 
preliminarily determine that we must rely on facts otherwise available, 
with an adverse inference, in order to determine a weighted-average 
dumping margin for Baoding Mantong.

DATES: Effective Date: December 6, 2012.

FOR FURTHER INFORMATION CONTACT: Brian Davis or Ericka Ukrow, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-7924 
or (202) 482-0405, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by the antidumping duty order is glycine, which 
is a free-flowing crystalline material, like salt or sugar.\1\ The 
subject merchandise is currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) subheading: 2922.49.4020. The 
HTSUS subheading is provided for convenience and customs purposes only; 
the written product description of the scope of the order is 
dispositive.\2\
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    \1\ See Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Partial 
Rescission of Antidumping Duty Administrative Review: Glycine from 
the People's Republic of China'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Import Administration, dated concurrently with this notice 
(Preliminary Decision Memorandum), for a complete description of the 
scope of the order.
    \2\ See Antidumping Duty Order: Glycine from the People's 
Republic of China, 60 FR 16116 (March 29, 1995).
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Preliminary Partial Rescission of Review

    With the exception of Baoding Mantong, the sole mandatory 
respondent in this proceeding, we are preliminarily rescinding this 
review for all other companies named in the Initiation Notice \3\ 
because while the review requests have been withdrawn in a timely 
manner, these companies have not previously received separate rate 
status and, as such, remain part of the PRC-wide entity.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
25401 (April 30, 2012) (Initiation Notice).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum, which is hereby adopted by this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                               Dumping
                         Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
PRC-wide entity (including Baoding Mantong Fine Chemistry        453.79
 Co., Ltd.)...............................................
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Disclosure and Public Comment

    The Department will disclose calculations performed, if applicable, 
for these preliminary results to the parties within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit written comments no later 
than 30 days after the date of publication of these preliminary results 
of review.\4\ Rebuttals to written comments may be filed no later than 
five days after the written comments are filed.\5\
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    \4\ See 19 CFR 351.309(c).
    \5\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\6\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\7\
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    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310(d).
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    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any such comments, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of the review, the Department shall 
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. The Department recently 
announced a refinement to its assessment practice in non-market economy 
(NME) cases.\8\ Pursuant to this refinement in practice, for entries 
that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that

[[Page 72818]]

exporter's rate) will be liquidated at the NME-wide rate.\9\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement'').
    \9\ See Assessment Practice Refinement, 76 FR at 65694.
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    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\10\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \10\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the PRC-wide 
entity (including Baoding Mantong), the cash deposit rate will be that 
established in the final results of this review; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; and (4) for all non-PRC 
exporters of subject merchandise which 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, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

    1. Partial Rescission of Review
    2. Separate Rates
    3. Use of Facts Available and Adverse Facts Available

[FR Doc. 2012-29543 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P