[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78331-78333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30918]


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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; 2012-2013

AGENCY: Enforcement and Compliance, formerly 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) covering the period of review from 
March 1, 2012, through February 28, 2013. The Department has 
preliminarily applied facts otherwise available with an adverse 
inference to the PRC-wide entity because an element of the entity, 
Hebei Donghua Jiheng Fine Chemical Co., Ltd. (Donghua Fine Chemical), 
failed to act to the best of its ability in complying with the 
Department's request for information in this review and, consequently, 
significantly impeded the proceeding. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: December 26, 2013.

FOR FURTHER INFORMATION CONTACT: Edythe Artman 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-
3931 or (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.\1\ The 
subject merchandise is currently classifiable under the 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; 2012-2013: 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 Enforcement and 
Compliance, 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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Tolling of Deadlines for Preliminary Results

    As explained in a memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the federal 
government from October 1, 2013, through October 16, 2013.\3\ 
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. The revised deadline for the preliminary results 
of this review is now December 18, 2013.
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    \3\ See Memorandum for the Record From Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, regarding ``Deadlines 
Affected by the Shutdown of the Federal Government,'' dated October 
18, 2013.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
preliminarily applied adverse facts available to the PRC-wide entity in 
accordance with section 776 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum. The Preliminary Decision Memorandum is a public document 
and 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 Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Intent Not To Rescind Review In Part

    We received timely withdrawals of review requests for the following 
exporters: (1) A&A Pharmachem Inc., (2) AICO Laboratories India Ltd., 
(3) Amol Pharmaceuticals Pvt. Ltd., (4) Avid Organics, (5) Aqua Bond 
Inc., (6)

[[Page 78332]]

Baoding Mantong Fine Chemistry Co., Ltd., (7) Beijing Onlystar 
Technology Co., Ltd., (8) Chiyuen International Trading Ltd., (9) China 
Jiangsu International Economic Technical Cooperation Corporation, (10) 
E-Heng Import and Export Co., Ltd., (11) Evonik Rexim (Nanning) 
Pharmaceutical Co., Ltd., (12) FarmaSino Pharmaceuticals (Jiangsu) Co., 
Ltd., (13) General Ingredient Inc., (14) Gulbrandsen Technologies 
(India), (15) Gurvey & Berry Co., (16) H.T. Griffin Food Ingredients, 
(17) Hong Kong United Biochemistry Co. Ltd., (18) Jiangsu Dongchang 
Chemical, (19) Jiangxi Ansun Chemical Technology, (20) Jiangyin Trust 
International Inc., (21) Jizhou City Huayang Chemical Co., Ltd., (22) 
Kissner Milling Co. Ltd., (23) NALCO Canada Co., (24) Ningbo Create-Bio 
Engineering Co. Ltd., (25) Ningbo Generic Chemical Co., (26) Qingdao 
Samin Chemical Co., Ltd., (27) Paras Intermediates Pvt. Ltd., (28) Ravi 
Industries, (29) Salvi Chemical Industries, (30) Shanpar Industries 
Pvt. Ltd., (31) Showa Denko K.K., (32) Shijiazhuang Jackchem Co., Ltd., 
(33) Shijiazhuang Zexing Amino Acid Co., (34) Tianjin Garments Import & 
Export, (35) Tianjin Tiancheng Pharmaceutical Company, (36) Tianjin 
Tianen Enterprise Co. Ltd., (37) Tywoon Development (China) Co., Ltd., 
(38) Unipex Solutions Canada Inc., (39) XPAC Technologies Inc., and 
(40) Yuki Gosei Kogyo Co.
    None of these exporters, named in the notice of initiation\4\ and 
for which the requests for review were timely withdrawn, currently have 
a separate rate from a completed segment of the proceeding.\5\ It is 
the Department's practice to refrain from rescinding the review with 
respect to the exporters at this time.\6\ Although their requests for 
review were timely withdrawn, the exporters remain part of the PRC-wide 
entity. Therefore, we do not intend to rescind the review with respect 
to these companies, as they all remain a part of the PRC-wide entity 
under review for these preliminary results.
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
25418 (May 1, 2013).
    \5\ Baoding Mantong has been found to be entitled to a separate 
rate in the past but lost this status in Glycine From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 20891 (April 8, 2013), the most recently-
completed review in which it participated.
    \6\ See Handtrucks and Certain Parts Thereof From the People's 
Republic of China: Preliminary Results of the 2010-2011 Antidumping 
Duty Administrative Review, 78 FR 1835 (January 9, 2013), and 
accompanying Preliminary Decision Memorandum at 3.
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Preliminary Results of Review

    The Department has preliminarily determined that the following 
dumping margin exists for the period March 1, 2012, through February 
28, 2013:

------------------------------------------------------------------------
                                                                Dumping
                           Exporter                              margin
                                                               (percent)
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PRC-wide entity (including Hebei Donghua Jiheng Fine Chemical     453.79
 Co., Ltd.) \7\..............................................
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Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of this notice of preliminary results of the 
review.\8\ Rebuttal briefs, which must be limited to issues raised in 
the case briefs, must be filed within five days after the time limit 
for filing case briefs.\9\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are requested to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\10\ Interested parties submitting case and 
rebuttal briefs should do so via IA ACCESS.\11\
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    \7\ As noted immediately above, the PRC-wide entity also 
includes the 40 exporters we do not intend to rescind from the 
review.
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1)-(2).
    \10\ See 19 CFR 351.309(c)(2), (d)(2).
    \11\ See 19 CFR 351.303(b).
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    Any interested party may request a hearing within 30 days of the 
publication of this notice.\12\ 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 argument presentations will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the briefs, within 120 days after the 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review.\14\ 
For the PRC-wide entity, we will instruct CBP to assess antidumping 
duties at an ad valorem rate equal to the weighted-average dumping 
margin published in the final results of this review. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this review in the Federal 
Register.
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    \14\ See 19 CFR 351.212(b).
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    The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in U.S. sales databases submitted by 
companies individually examined during the review, the Department will 
instruct CBP to liquidate such entries at the PRC-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 PRC-wide rate.\15\
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    \15\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For any previously reviewed or 
investigated PRC and non-PRC exporter not listed above that received a 
separate rate in a previous segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific rate 
published for the most recently completed period; (2) for all PRC 
exporters that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity (i.e., 
453.79 percent); and (3) 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 the 
non-PRC exporter. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

[[Page 78333]]

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: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Respondent Selection
4. Intent Not To Rescind Review in Part
5. Extension of the Preliminary Results of Review
6. Failure To Respond to Requests for Information
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. The PRC-Wide Entity
10. Adverse Facts Available
    1. Use of Facts Available and Adverse Facts Available
    2. Application of Total Adverse Facts Available to the PRC-Wide 
Entity
    3. Selection of an Adverse-Facts-Available Rate
    4. Corroboration of Secondary Information

[FR Doc. 2013-30918 Filed 12-24-13; 8:45 am]
BILLING CODE 3510-DS-P