[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18814-18816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07952]


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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 Intent To 
Rescind, in Part; 2013-2014

AGENCY: Enforcement and Compliance, 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 
(POR) from March 1, 2013, through February 28, 2014. The administrative 
review covers two mandatory respondents, Baoding Mantong Fine Chemistry 
Co. Ltd. (Baoding Mantong) and Evonik Rexim (Nanning) Pharmaceutical 
Co., Ltd. (Evonik). The Department preliminarily finds that Baoding 
Mantong sold subject merchandise in the United States at prices below 
the normal value (NV) during the POR. The Department preliminarily 
determines that Evonik's sales to the United States were not bona fide 
and is preliminarily rescinding the review with respect to Evonik. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: April 8, 2015.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Ericka Ukrow, 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-
3362 or (202) 482-0405, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 30, 2014, the Department initiated an administrative 
review of the antidumping duty Order \1\ on glycine from the PRC.\2\
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    \1\ See Antidumping Duty Order: Glycine from the People's 
Republic of China, 60 FR 16116 (March 29, 1995) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
24398 (April 30, 2014).
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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 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.\4\
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    \3\ See ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Glycine from the People's 
Republic of China; 2013-2014'' from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Preliminary 
Decision Memorandum), for a complete description of the scope of the 
order.
    \4\ See Order.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The list of topics discussed in the 
Preliminary Decision Memorandum is provided as an Appendix to the 
notice. This memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.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/enforcement/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Bona Fides Analysis

    As discussed in Evonik's Bona Fide Memorandum, the Department 
preliminarily finds that the sales by Evonik are not bona fide, and 
that these sales, and absence of factors-of-production (FOP) data, do 
not provide a reasonable or reliable basis for calculating a dumping 
margin.\5\ The Department reached this conclusion based on the totality 
of circumstances, namely: (a) The atypical nature of Evonik's price; 
and (b) the atypical circumstances surrounding its supplier's inability 
to provide FOP data. Because these non-bona fide sales were the only 
sales of subject merchandise that Evonik made during the POR, the 
Department is preliminarily rescinding its review of Evonik.
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    \5\ See Memorandum to Abdelali Elouaradia, Acting Director, 
Office VI, Antidumping and Countervailing Duty Operations, through 
Angelica Townshend, Program Manager, Office VI, Antidumping and 
Countervailing Duty Operations, from Ericka Ukrow, International 
Trade Compliance Analyst, Office VI, titled ``Antidumping Duty 
Administrative Review of Glycine from the People's Republic of 
China; 2013-2014: Bona Fide Nature of Evonik Rexim (Nanning) 
Pharmaceutical Co., Ltd.'s Sales,'' dated concurrently and hereby 
adopted by this notice (Evonik's Bona Fide Memorandum).
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Preliminary Results of Review

    The Department has preliminarily determined that the following 
dumping margin exists for the period March 1, 2013, through February 
28, 2014:

------------------------------------------------------------------------
                                                               Dumping
                          Exporter                              margin
                                                              (percent)
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Baoding Mantong Fine Chemistry Co. Ltd.....................      784.48
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[[Page 18815]]

Disclosure and Public Comment

    The Department intends to disclose calculations performed 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 case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\6\ 
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.\7\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
the Department. This summary should be limited to five pages total, 
including footnotes.
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    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d)(1)-(2).
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    Any interested party may request a hearing within 30 days of the 
publication of this notice.\8\ 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.\9\
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    \8\ See 19 CFR 351.310(c).
    \9\ 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 U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\10\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. If we proceed to a final rescission of this administrative 
review, with respect to Evonik, then its entries will be assessed at 
the rate entered.\11\ For each individually examined respondent in this 
review whose weighted-average dumping margin in the final results of 
review is above de minimis (i.e., greater than or equal to 0.5 
percent), the Department intends to calculate importer- (or customer)-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\12\ 
Where the respondent reported reliable entered values, the Department 
intends to calculate importer- (or customer-) specific ad valorem rates 
by aggregating the dumping margins calculated for all U.S. sales to the 
importer (or customer) and dividing this amount by the total entered 
value of the sales to the importer (or customer).\13\ Where the 
Department calculates an importer- (or customer-) specific weighted-
average dumping margin by dividing the total amount of dumping for 
reviewed sales to the importer (or customer) by the total sales 
quantity associated with those transactions, the Department will direct 
CBP to assess importer- (or customer-)specific assessment rates based 
on the resulting per-unit rates.\14\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation. Where either the respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\15\
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    \10\ See 19 CFR 351.212(b)(1).
    \11\ See 19 CFR 351.212(c)(2).
    \12\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ See Final Modification at 8103.
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in non-market economy antidumping duty cases.\16\ 
Pursuant to this refinement in practice, for entries that were not 
reported in the U.S. sales database submitted by an exporter 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. Additionally, 
pursuant to this refinement, 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.
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    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, 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, 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 the companies listed above that have a 
separate rate, the cash deposit rate will be that rate established in 
the final results of this administrative review (except, if the rate is 
zero or de minimis, then a zero cash deposit will be required); (2) 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; (3) 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); 17 18 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 the non-PRC exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \17\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR 
20891 (April 8, 2013).
    \18\ The Department's change in policy regarding conditional 
review of the PRC-wide entity applies to this administrative review. 
See Antidumping Proceedings: Announcement of Change in Department 
Practice for Respondent Selection in Antidumping Duty Proceedings 
and Conditional Review of the Nonmarket Economy Entity in NME 
Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a 
review of the entity. Because no party requested a review of the 
PRC-wide entity in this review, the entity is not under review and 
the entity's rate is not subject to change.
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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

[[Page 18816]]

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: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fides Inquiry
6. Non-Market Economy Country Status
7. Separate Rates Determination
    A. Absence of De Jure Control
    B. Absence of De Facto Control
8. The PRC-Wide Entity
9. Surrogate Country
    A. Economic Comparability
    B. Significant Producer of Comparable Merchandise
    C. Data Availability
10. Date of Sale
11. Fair Value Comparisons
    A. Export Price
    B. Value-Added Tax
    C. Normal Value
12. Factor Valuation Methodology
    A. ME Prices
    B. Surrogate Values
13. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
14. Currency Conversion
15. Recommendation

[FR Doc. 2015-07952 Filed 4-7-15; 8:45 am]
 BILLING CODE 3510-DS-P