[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52501-52502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20655]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Preliminary
Rescission of Antidumping Duty New Shipper Review; 2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice.
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SUMMARY: We are conducting a new shipper review of the antidumping duty
order on glycine from the People's Republic of China (PRC). The new
shipper review covers Hebei Donghua Jiheng Fine Chemical Company, Ltd.
(Donghua Fine Chemical) for the period of review March 1, 2012, through
August 31, 2012. We have preliminarily determined that Donghua Fine
Chemical does not qualify as a new shipper. Therefore, we are
preliminarily rescinding this new shipper review.
DATES: Effective August 23, 2013.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-7924 and (202) 482-3019,
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. 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.\1\
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\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Import Administration,
regarding, ``Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review: Glycine from the People's
Republic of China'' (Preliminary Decision Memorandum), dated
concurrently with these results and hereby adopted by this notice,
for a complete description of the scope of the order; see also
Antidumping Duty Order: Glycine From the People's Republic of China,
60 FR 16116 (March 29, 1995).
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Methodology
We have conducted this new shipper review in accordance with
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.214. For a full description of the methodology
underlying our conclusions, please see Preliminary Decision Memorandum
and Proprietary Preliminary Decision Memorandum,\2\ both dated
concurrently with these results and hereby adopted by this notice.
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\2\ See Memorandum to Richard O. Weible, Director, Antidumping
and Countervailing Duty Operations, Office 7, Import Administration,
regarding, ``Proprietary Decision Memorandum for Preliminary Results
of Antidumping Duty New Shipper Review: Glycine from the People's
Republic of China,'' dated concurrently with these results and
hereby adopted by this notice (Proprietary Preliminary Decision
Memorandum).
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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 Rescission
Based on information that Donghua Fine Chemical and Hebei Donghua
Jiheng Chemical Company, Ltd. (Donghua Chemical) (collectively, the
Hebei Companies) submitted in the context of this new shipper review in
support of Donghua Fine Chemical's new shipper review request, we
determine that Donghua Fine Chemical does not meet the minimum
requirements in its request for a new shipper review under 19 CFR
351.214(b)(2)(iv)(A) and (C).\3\ Therefore, we preliminarily determine
that it is appropriate to rescind the new shipper review with respect
to Donghua Fine Chemical.\4\
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\3\ We note that based on the information presented at
initiation, we initiated a review of Donghua Fine Chemical's exports
to the United States of glycine from the PRC. However, based on our
review of record information, we note that this new shipper review
covers imports of technical grade (or crude glycine) produced by
Donghua Chemical and then further processed and exported by Donghua
Fine Chemical.
\4\ We have not conducted a detailed bona fides analysis for
these preliminary results due to the preliminary decision that
Donghua Fine Chemical is not eligible for a new shipper review
because record evidence appears to indicate that Donghua Fine
Chemical is affiliated with entities that exported subject
merchandise to the United States more than one year prior to Donghua
Fine Chemical's request for new shipper review. Should Donghua Fine
Chemical sufficiently demonstrate that it is not, in fact,
affiliated with entities which exported subject merchandise to the
United States more than one year prior to Donghua Fine Chemical's
request for new shipper review as detailed above, we will conduct a
full bona fides analysis of Donghua Fine Chemical's reported sales
at that time.
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Disclosure and Public Comment
We will disclose analysis performed to parties to the proceeding,
normally not later than ten days after the day of the public
announcement of, or, if there is no public announcement, within five
days after the date of publication of, this notice.\5\
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\5\ See 19 CFR 351.224(b).
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Interested parties are invited to comment on these preliminary
results and submit written arguments or case briefs within 30 days
after the date of publication of this notice, unless otherwise notified
by the Department.\6\ Rebuttal briefs, limited to issues raised in the
case briefs, will be due five days later.\7\ Parties who submit case or
rebuttal briefs are requested to submit with each argument: (1) A
statement of the issue; and (2) a brief summary of the argument.
Parties are requested to provide a summary of the arguments not to
exceed five pages and a table of statutes, regulations, and cases
cited.
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\6\ See 19 CFR 351.309(c)(ii).
\7\ See 19 CFR 351.309(d).
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Any interested party who wishes to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Import Administration within 30 days after the
day of publication of this notice. A request should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed.\8\ Issues
raised in the hearing will be limited to those raised in case briefs.
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\8\ See 19 CFR 351.310(c).
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We will issue the final rescission or final results of this new
shipper review, including the results of our analysis of issues raised
in any briefs, within 90 days after the date on which the preliminary
rescissions were issued, unless the deadline for the final results is
extended.\9\
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\9\ See 19 CFR 351.214(i).
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Assessment Rates
Donghua Fine Chemical's entries are currently subject to the PRC-
wide rate. Although we intend to rescind the new shipper review, we are
currently conducting an administrative review for the period of review
March 1, 2012, through February 28, 2013, which covers the entry
subject to this new
[[Page 52502]]
shipper review. Accordingly, we will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend entries during the period March
1, 2012, through February 28, 2013, of subject merchandise exported by
Donghua Fine Chemical until CBP receives instructions relating to the
administrative review covering the period March 1, 2012, through
February 28, 2013.
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this new shipper review, we will instruct CBP to discontinue
the option of posting a bond or security in lieu of a cash deposit for
entries of subject merchandise by Donghua Fine Chemical. If we proceed
to a final rescission of this new shipper review, the cash deposit rate
will continue to be the PRC-wide rate for Donghua Fine Chemical. If we
issue final results of the new shipper review, we will instruct CBP to
collect cash deposits, effective upon the publication of the final
results, at the rate established therein.
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.
This new shipper review and notice are in accordance with sections
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f).
Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Discussion of Methodology
[FR Doc. 2013-20655 Filed 8-22-13; 8:45 am]
BILLING CODE 3510-DS-P