[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73837-73838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Final Rescission of 
Antidumping Duty New Shipper Review; 2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On August 23, 2013, the Department of Commerce (the 
Department) published its Preliminary Rescission for the new shipper 
review of the antidumping duty order on glycine from the People's 
Republic of China (PRC) covering the period of review March 1, 2012, 
through August 31, 2012, for Hebei Donghua Jiheng Fine Chemical 
Company, Ltd. (Donghua Fine Chemical).\1\ For these final results, we 
continue to find that, because Donghua Fine Chemical appears to be 
affiliated with PRC-companies that have had prior shipments of subject 
merchandise to the United States, it has therefore failed to certify to 
its first U.S. entry, U.S. shipment, and U.S. sale, as required under 
19 CFR 351.214(b)(2)(iv)(A) and (C). We also continue to find that 
Donghua Fine Chemical failed to report its first U.S. entry and/or U.S. 
shipment within one year of its request for a new shipper review, thus 
failing to satisfy the deadline requirements of 19 CFR 351.214(c). 
Because Donghua Fine Chemical's request did not satisfy the regulatory 
requirements for a new shipper review, we are rescinding the new 
shipper for Donghua Fine Chemical.
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    \1\ See Glycine from the People's Republic of China: Preliminary 
Rescission of Antidumping Duty New Shipper Review; 2012, 78 FR 52501 
(August 23, 2013) (Preliminary Rescission).

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DATES: Effective Date: December 9, 2013.

FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
7924 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    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.

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.\2\
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    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding, ``Issues and Decision Memorandum for the Final Rescission 
of the Antidumping Duty New Shipper Reviews of Glycine from the 
People's Republic of China'' (Final 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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Tolling Deadlines

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, we have exercised our discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 1, through October 16, 2013. Therefore, all deadlines in 
this segment of the proceeding have been extended by 16 days. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business day. 
Accordingly, the revised deadline for the final results of this review 
is now December 2, 2013.\3\
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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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 Final Decision Memorandum and 
Proprietary Analysis Memorandum,\4\ both dated concurrently with, and 
hereby adopted by, this notice.
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    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, regarding ``Proprietary Analysis 
Memorandum for the Final Rescission of the Antidumping Duty New 
Shipper Review of Glycine from the People's Republic of China'' 
(Proprietary Analysis Memorandum) dated concurrently with these 
results and hereby adopted by this notice, as much of the discussion 
is proprietary in nature.

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[[Page 73838]]

Final Rescission of Donghua Fine Chemical

    As we have explained in the Final Decision Memorandum and the 
Proprietary Analysis Memorandum, we continue to find that, because 
Donghua Fine Chemical appears to be affiliated with PRC-companies that 
have had prior shipments of subject merchandise to the United States, 
it has therefore failed to certify to its first U.S. entry, its first 
U.S. shipment, and its first U.S. sale, as required by 19 CFR 
351.214(b)(2)(iv)(A) and (C).\5\ We also continue to find that Donghua 
Fine Chemical failed to report its first U.S. entry and/or U.S. 
shipment within one year of its request for a new shipper review, thus 
failing to satisfy the deadline requirements of 19 CFR 351.214(c). As a 
result, we are rescinding the new shipper review of Donghua Fine 
Chemical.
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    \5\ See Final Decision Memorandum; see also Proprietary Analysis 
Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Final Decision Memorandum and Proprietary Analysis Memorandum, both 
dated concurrently with, and hereby adopted by, this notice. A list of 
the issues raised in the briefs and addressed in the Final Decision 
Memorandum is appended to this notice. The Final Decision Memorandum is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Final Decision Memorandum can be 
accessed directly at http://enforcement.trade.gov/frn/. The signed 
Final Decision Memorandum and the electronic versions of the Final 
Decision Memorandum are identical in content.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Donghua Fine Chemical, we will instruct U.S. Customs 
and Border Protection (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. Cash deposits will be required 
for exports of subject merchandise by Donghua Fine Chemical entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date at the ad valorem PRC-wide rate, 453.79 percent.

Assessment Instructions

    As a result of the rescission of the new shipper review of Donghua 
Fine Chemical, the entries of subject merchandise made by Donghua Fine 
Chemical covered by this new shipper review will be reviewed in 2012-
2013 administrative review. Because the period of review (POR) of the 
administrative review coincides with the POR of this new shipper 
review, we will assess Donghua Fine Chemical's entries and issue 
liquidation instructions for Donghua Fine Chemical's entries upon 
completion of the 2012-2013 administrative review. Accordingly, upon 
completion of the 2012-2013 administrative review, we will instruct CBP 
to assess antidumping duties on entries for Donghua Fine Chemical at 
the appropriate rate determined in the final results of the 2012-2013 
administrative review.

Notification to Importers

    This notice serves as a 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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 notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214.

    Dated: December 2, 2013.
Paul Piquado
Assistant Secretary for Enforcement and Compliance.

List of Issues Addressed in the Final Decision Memorandum

Comment 1: Interpretation of the New Shipper Review Certification 
Requirement
Comment 2: Affiliation Findings
Comment 3: Surrogate Values
[FR Doc. 2013-29337 Filed 12-6-13; 8:45 am]
BILLING CODE 3510-DS-P