[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 16992-16994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06994]


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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 Rescission of Antidumping 
Duty Administrative Review, In Part; 2015-2016

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, 2015, through February 29, 2016. We preliminarily 
determine that sales of subject merchandise by Baoding Mantong Fine 
Chemistry Co., Ltd. (Baoding Mantong) were made at less than normal 
value during the POR. Further, we are rescinding the review with 
respect to Kumar Industries and Rudraa International. Finally, we 
preliminarily find Huayang Chemical Co., Ltd. (Huayang Chemical) failed 
to establish eligibility for a separate rate and is being considered 
part of the PRC-wide entity. Interested parties are invited to comment 
on these preliminary results.

DATES: Effective April 7, 2017.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 482-7924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    These preliminary results are made in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). The Department 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on glycine from the PRC for the POR on 
March 1, 2016.\1\ On May 2, 2016, in response to a timely request from 
domestic interested party, GEO Specialty Chemicals, Inc. (GEO), and in 
accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), 
we initiated an administrative review of the antidumping duty order on 
glycine from the PRC (Order).\2\ For a complete description of the 
events that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is provided as an appendix to this notice. 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 (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 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 and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 10580 (March 1, 2016).
    \2\ See Antidumping Duty Order: Glycine from the People's 
Republic of China, 60 FR 16116 (March 29, 1995) (Order); see also 
Initiation of Antidumping and Countervailing Duty Administrative, 81 
FR 26203 (May 2, 2016).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Glycine 
from the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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.\4\ 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.\5\
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    \4\ See Preliminary Decision Memorandum for a complete 
description of the scope of the Order.
    \5\ See Order.
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PRC-Wide Entity

    Because the Department preliminarily determines that Huayang 
Chemical is not eligible for a separate rate because it failed to 
respond to the Department's antidumping questionnaire, we, find

[[Page 16993]]

that it is part of the PRC-wide entity. The Department's policy 
regarding conditional review of the PRC-wide entity applies to this 
administrative review.\6\ 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 from the previous administrative 
review (i.e., 453.79 percent) is not subject to change.\7\
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    \6\ 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, 65970 (November 4, 
2013) (Conditional Review of NME Entity Notice).
    \7\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 
FR 62027 (October 15, 2015) (Glycine Final 2013-2014).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Because the PRC is a non-market economy within 
the meaning of section 771(18) of the Act, normal value is calculated 
in accordance with section 773(c) of the Act. For a full description of 
the methodology underlying our preliminary results, see the Preliminary 
Decision Memorandum.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, ``in whole or in part, if a party that requested 
a review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' GEO 
withdrew its request within the 90-day limit with respect to Kumar 
Industries and Rudraa International. Because we received no other 
requests for review of Kumar and Rudraa, we are rescinding the 
administrative review of Kumar and Rudraa, in accordance with 19 CFR 
351.213(d)(1).

Preliminary Results of Review

    The Department has preliminarily determined that the following 
dumping margin exists for the period March 1, 2015, through February 
29, 2016:

------------------------------------------------------------------------
                                                               Dumping
                          Exporter                              margin
                                                              (percent)
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Baoding Mantong Fine Chemistry Co. Ltd.....................       71.83
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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). 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\8\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\9\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the case briefs are filed.\10\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(c)(2).
    \10\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\11\ 
Hearing requests should contain the following: (1) The party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of the issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case briefs.
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    \11\ See 19 CFR 351.310(c).
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    Unless extended, the Department intends to issue the final results 
of this review, including the results of its analysis of issues raised 
by parties in their comments, within 120 days after the publication of 
these preliminary results, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\12\ If a respondent's weighted-average 
dumping margin is above de minimis (i.e., 0.5 percent) in the final 
results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Specifically, the Department will apply the assessment rate calculation 
method adopted in Final Modification for Reviews.\13\ Where an 
importer- (or customer-) specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\14\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(Final Modification for Reviews).
    \14\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales databases 
submitted by exporters individually examined during this 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\ The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of 
review.
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    \15\ Id.
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    Finally, with respect to Kumar Industries and Rudraa International, 
the companies for which these reviews are rescinded, antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department intends to issue appropriate assessment instructions to 
CBP 15 days after publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC 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 subject 
merchandise exported by the companies listed above that have separate 
rates, the cash deposit rate will be that established in the final 
results of review (except, if the rate is zero or de minimis, then zero 
cash deposit will be required); (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 existing exporter-specific rate; (3) for 
all

[[Page 16994]]

PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate, including Huayang Chemical, 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 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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.

Notification to Interested Parties

    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, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Bona Fides Inquiry
    B. Non-Market Economy (NME) Country Status
    C. Separate Rates Determination
    1. Absence of De Jure Control
    2. Absence of De Facto Control
    D. The PRC-Wide Entity
    E. Surrogate Country
    1. Same Level of Economic Development
    2. Producers of Identical or Comparable Merchandise
    3. Data Considerations
V. Fair Value Comparisons
    A. Determination of Comparison Method
    B. Date of Sale
    C. U.S. Price
    1. Export Price
    2. Value-Added Tax
    D. Normal Value
    E. Factor Valuations
    F. Market Economy (ME) Prices
    G. Surrogate Values
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2017-06994 Filed 4-6-17; 8:45 am]
 BILLING CODE 3510-DS-P