[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20891-20893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08108]
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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; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 8, 2013.
SUMMARY: On December 6, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on glycine from the People's
Republic of China (PRC) \1\ in the Federal Register. We gave interested
parties an opportunity to comment on the preliminary results. Based
upon our analysis of the comments received by the parties we have not
made any changes to the antidumping duty rate assigned to the PRC-wide
entity, which includes the sole company subject to this review, Baoding
Mantong Fine Chemistry Co. Ltd. (Baoding Mantong), and are rescinding
the review with respect to companies for which this review was
initiated but had not previously received a separate rate status, for
the final results.\2\
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\1\ See 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, 77 FR 72817 (December 6, 2012) (Preliminary Results), and
accompanying 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 December 6, 2012 (Preliminary Decision
Memorandum).
\2\ We preliminarily rescinded this review with respect to 25
other companies after GEO Specialty Chemicals, Inc. (GEO) submitted
a timely request to withdraw its request for review of these
companies. See Preliminary Results, 77 FR at 72817.
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-
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7924 or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The period of review is March 1, 2011, through February 29, 2012.
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.\3\ 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
[[Page 20892]]
product description of the scope of the order is dispositive.\4\
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\3\ See Preliminary Decision Memorandum for a complete
description of the scope of the order.
\4\ See Antidumping Duty Order: Glycine From the People's
Republic of China, 60 FR 16116 (March 29, 1995).
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Background
On December 6, 2012, the Department published the Preliminary
Results in the Federal Register. The Department provided interested
parties with the opportunity to comment on the Preliminary Results. On
January 7, 2013, Glycine & More, Inc. (Glycine & More), an affiliate of
Baoding Mantong and U.S. importer of glycine, timely submitted a case
brief commenting on our Preliminary Results. Domestic interested party
GEO timely submitted rebuttal comments on January 14, 2013. We have
analyzed the comments received and made no revisions to the preliminary
antidumping duty rate assigned to the PRC-wide entity, including
Baoding Mantong.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this review are addressed in the Memorandum to Paul Piquado,
Assistant Secretary for Import Administration, from Edward C. Yang,
Senior Director China/Non-Market Economy Unit, entitled, ``Issues and
Decision Memorandum for the Final Results in the Antidumping Duty
Administrative Review of Glycine From the People's Republic of China''
(Final Decision Memorandum), which is dated concurrently with, and
adopted by, this notice. A list of the issues which parties raised, and
to which we respond in the Final Decision Memorandum is attached to
this notice as an Appendix. The Final 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). Access to IA ACCESS is available to registered
users at http://iaaccess.trade.gov and in the Central Records Unit
(CRU), Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Final Decision Memorandum can be
accessed directly on the internet at http://www.trade.gov/ia/. The
signed Final Decision Memorandum and the electronic versions of the
Final Decision Memorandum are identical in content.
Rescission of Review in Part and PRC-Wide Entity
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the initiation notice of the requested review. As stated
in the Preliminary Results, for 25 of the 26 companies for which the
Department initiated this administrative review, GEO was the only party
that requested the review. On July 30, 2012, GEO timely withdrew its
review requests for all 26 companies. Therefore, with the exception of
Baoding Mantong, which requested its own review and is the sole
mandatory respondent in this proceeding, the Department preliminary
rescinded the review for all other companies named in the Initiation
Notice.\5\
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\5\ See Appendix II for a list of these companies.
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For these final results, the Department is rescinding the review
with respect to companies on which this review was initiated but had
not previously received a separate rate status. As described above, GEO
withdrew its review request covering these companies. While the review
request was withdrawn in a timely manner, these companies have not
previously received separate rate status and, as such, remain part of
the PRC-wide entity. The Department did not rescind this review at the
time of the preliminary results for those companies that had not timely
withdrawn their request for review nor established their eligibility
for a separate rate in this review, i.e., Baoding Mantong, and are
considered part of the PRC-wide entity which is under review.
Changes Since the Preliminary Results
Based on a review of the record and comments received from parties
regarding our Preliminary Results, we have made no changes the
antidumping duty rate assigned to the PRC-wide entity, including
Baoding Mantong, in these final results of review.
Final Results of the Review
The Department has determined that the following weighted-average
dumping margin exists for the period March 1, 2011, through February
29, 2012:
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Exporter Margin
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PRC-wide entity (including Baoding Mantong Fine 453.79%
Chemistry Co., Ltd.)...................................
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Assessment Rates
Consistent with these final results, and pursuant to section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.212(b)(1), the Department will direct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. The Department will issue appropriate assessment instructions
to CBP 15 days after the date of publication of the final results of
this review. We will instruct CBP to liquidate entries of subject
merchandise exported by the PRC-wide entity at the ad valorem rate of
453.79 percent of entered value.
The Department previously announced a refinement to its assessment
practice in non-market economy (NME) cases.\6\ 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 exporter's rate) will be liquidated at the NME-wide rate.\7\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\7\ Id. at 65694.
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Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of these final results of review for all shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the PRC-wide entity (including Baoding
Mantong), the cash deposit rate will be the rate 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 exporter-specific rate; (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 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 exporters that supplied
that non-PRC exporter. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
[[Page 20893]]
Notification to Importers
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 this period of review. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Baoding Mantong's Untimely Withdrawal of Review Request
and Rescission of the Administrative Review with Respect to Baoding
Mantong
Comment 2: The Department's Selection of the Adverse Facts Available
Margin for Baoding Mantong
Appendix II
Companies Without Previous Separate Rates Status for Which the Review
Request Was Withdrawn
1. A&A Pharmachem Inc.
2. Advance Exports
3. AICO Laboratories India Ltd.
4. Avid Organics Pvt. Ltd.
5. Chiyuen International Trading Ltd.
6. E-Heng Import and Export Co., Ltd.
7. General Ingredient Inc.
8. Hebei Donghua Chemical General Corporation
9. Hebei Donghua Jiheng Fine Chemical Co., Ltd.
10. Jiangsu Dongchang Chemical
11. Jizhou City Huayang Chemical Co., Ltd.
12. Kissner Milling Co. Ltd.
13. Nantong Dongchang Chemical Industrial Co. Ltd.
14. Ningbo Create-Bio Engineering Co. Ltd.
15. Nutracare International
16. Paras Intermediates Pvt. Ltd.
17. Qingdao Samin Chemical Co., Ltd.
18. Ravi Industries
19. Salvi Chemical Industries
20. Shanghai Waseta International Trading
21. Showa Denko K.K.
22. Tianjin Tiancheng Pharmaceutical Company
23. Wisent Pharma Inc.
24. XPAC Technologies Inc.
25. Yuki Gosei Kogyo Co., Ltd.
[FR Doc. 2013-08108 Filed 4-5-13; 8:45 am]
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