[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3675-3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of the Antidumping Duty 
Administrative Review; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Court of International Trade (CIT or Court) sustained the 
final remand results pertaining to the administrative review of the 
antidumping duty order on glycine from the People's Republic of China 
(China), covering the period of March 1, 2010, through February 28, 
2011. The Department of Commerce (Commerce) is notifying the public 
that the final judgment in this case is not in harmony with Commerce's 
final results of the administrative review and that Commerce is 
amending the final results with respect to the dumping margin assigned 
to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong).

DATES: Applicable January 26, 2018.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Edythe Artman, 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) 482-9179 or (202) 
482-3931, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 18, 2012, Commerce published the Final Results,\1\ in 
which it determined Baoding Mantong to have a weight-averaged dumping 
margin of 453.79 percent for the period under review. On November 3, 
2015, the Court remanded these results to Commerce for reconsideration 
of all aspects of its determination of the margin assigned to Baoding 
Mantong in the Final Results.\2\ In the final results of 
redetermination, Commerce relied on surrogate financial information 
that resulted in a dumping margin of 64.97 percent.\3\ On April 19, 
2017, the Court remanded the revised results to Commerce for 
reconsideration of the selection of certain surrogate values in its 
determination of the margin assigned to Baoding Mantong.\4\ In its 
second final results of redetermination, Commerce revised the surrogate 
values for three inputs--liquid ammonia, formaldehyde and steam coal--
which resulted in a dumping margin of 0.00 percent.\5\ On December 20, 
2017, the Court sustained the Second Results of Redetermination.\6\
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    \1\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 77 FR 64100 
(October 18, 2012) (Final Results).
    \2\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United 
States, Court No. 12-00362, Slip Op. 15-123 (CIT November 3, 2015).
    \3\ See ``Final Results of Redetermination Pursuant to Court 
Remand,'' dated March 29, 2017.
    \4\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United 
States, Court No. 12-00362, Slip Op. 17-44 (CIT April 19, 2017).
    \5\ See``Final Results of Redetermination Pursuant to Court 
Remand,'' dated July 18, 2017 (Second Results of Redetermination).
    \6\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United 
States, Court No. 12-00362, Slip Op. 17-169 (CIT December 20, 2017).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(e) of the Tariff Act of 1930, as amended (the Act), 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's December 20, 
2017, final judgment sustaining the Second Results of Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Results. This notice is published in fulfillment of 
the Timken publication requirements. Accordingly, Commerce will 
continue the suspension of liquidation of the subject merchandise 
pending a final and conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results of Review

    Because there is now a final court decision, Commerce is amending 
the Final Results with respect to the dumping margin calculated for 
Baoding Mantong. Based on the Second Results of Redetermination, as 
sustained by the CIT, the revised dumping margin for Baoding Mantong, 
for the period March

[[Page 3676]]

1, 2010, through February 28, 2011, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producer or exporter                        margin
                                                            (percent)
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Baoding Mantong Fine Chemistry Co. Ltd.................            0.00
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    In the event the Court's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, Commerce will instruct 
the U.S. Customs and Border Protection to assess antidumping duties on 
unliquidated entries of subject merchandise with respect to Baoding 
Mantong.

Cash Deposit Requirements

    Since the Final Results, Commerce has established a new cash 
deposit rate for Baoding Mantong.\9\ Therefore, the cash deposit rate 
for Baoding Mantong will remain the company-specific rate established 
for it in a subsequent and most recently completed administrative 
review.\10\
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    \9\ 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).
    \10\ Id. at 62028.
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: January 17, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the Non-Exclusive Functions and Duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-01445 Filed 1-25-18; 8:45 am]
 BILLING CODE 3510-DS-P