[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49363-49364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21247]
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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 and Notice of Amended Final Results; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 7, 2018, the Court of International Trade (CIT or
Court) sustained the final results of remand redetermination 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, 2015, through February 29, 2016. 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 the China-wide entity.
DATES: Applicable September 17, 2018.
FOR FURTHER INFORMATION CONTACT: Edythe Artman 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) 482-3931 or (202) 482-7924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In the underlying 2015/2016 administrative review, Commerce
selected Jizhou City Huayang Chemical Co., Ltd. (Huayang Chemical) as a
mandatory respondent and issued an antidumping duty questionnaire to
the company. Huayang Chemical did not respond to the questionnaire and,
as a result, Commerce found it ineligible for a separate rate and that
it would remain part of the China-wide entity, for which no review was
requested.\1\ At that time, the rate for the China-wide entity was
453.79 percent, as established in Final
[[Page 49364]]
Results 12-13.\2\ The rate of 453.79 percent was originally calculated
in Final Results 10-11 for respondent Baoding Mantong Fine Chemistry
Co., Ltd. (Baoding Mantong).\3\ Baoding Mantong challenged that rate in
Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Consol. Ct.
No. 12-00362. In that separate proceeding, this Court twice remanded
the calculation of the rate to Commerce, sustaining Commerce's second
remand redetermination, which reduced Baoding Mantong's calculated
margin to 0.00 percent for the Final Results 10-11.\4\
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\1\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Rescission of
Administrative Review, In Part; 2015-2016; 82 FR 47,474 (October 12,
2017) (Final Results 15-16) and accompanying issues and decision
memorandum at Comment 3.
\2\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR
64,746, 64,748 (October 31, 2014) (Final Results 12-13).
\3\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review, 77 FR 64,100,
64,101 (October 18, 2012) (Final Results 10-11).
\4\ See Baoding Mantong Fine Chemistry Co., Ltd., Slip Op. 17-
169, 279 F. Supp. 3d 1321 (Ct. Int'l Trade Dec. 20, 2017) (Baoding
Mantong). In an earlier decision, Baoding Mantong Fine Chemistry
Co., Ltd., 41 CIT ___, 222 F. Supp. 3d 1231 (Ct. Int'l Trade 2017),
the Court sustained an initial revision by Commerce of Baoding
Mantong's rate to 64.97 percent.
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During the 2015/2016 administrative review, Pharm-Rx Chemical
Corporation (Pharm-Rx) challenged Commerce's application of the rate of
453.79 percent to the China-wide entity in Final Results 15-16.\5\
However, Commerce declined to change the rate, as the litigation
concerning Final Results 10-11 had not yet resulted in a final
judgment, and the China-wide entity was not under review for the 2015/
2016 period.\6\
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\5\ See Final Results 15-16 at Comment 3.
\6\ Id.
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In light of the final judgment issued in Baoding Mantong, the Court
granted Commerce's motion for a voluntary remand to reevaluate its
application of the China-wide entity rate to Huayang Chemical in Final
Results 15-16. In the Final Results of Redetermination, Commerce
selected as the China-wide rate for the 2015/2016 review review the
China-wide rate stemming from the underlying less-than-fair-value
investigation.\7\ This rate, set at 155.89 percent, had been in effect
prior to the China-wide rate being set at 453.79 percent in Final
Results 12-13. On September 7, 2018, the Court sustained the Final
Results of Redetermination.\8\
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\7\ See ``Final Results of Redetermination Pursuant to Court
Remand,'' dated June 4, 2018 (Final Results of Redetermination). See
also ``Antidumping Duty Order: Glycine from the People's Republic of
China,'' 60 FR 16,116, (March 29, 1995).
\8\ See Pharm-Rx Chemical Corporation v. United States, Court
No. 17-00268, Slip Op. 18-113 (CIT September 7, 2018).
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Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ 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 September 7, 2018, final judgment sustaining the Final Results of
Redetermination constitutes a final decision of the Court that is not
in harmony with Final Results 15-16. 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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\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ 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
Final Results 15-16 with respect to the China-wide rate previously
assigned to the exporter. Based on the Final Results of
Redetermination, as sustained by the CIT, the revised China-wide rate,
for the period March 1, 2015, through February 28, 2016, is as follows:
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Weighted-
average dumping
Producer or exporter margin
(percent)
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China-wide Entity...................................... 155.89
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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 (CBP) to assess antidumping
duties on unliquidated entries of subject merchandise with respect to
Pharm-Rx.
Cash Deposit Requirements
As the China-wide entity's cash deposit rate has not been subject
to subsequent administrative reviews, Commerce will issue revised cash
deposit instructions to CBP adjusting the rate for the China-wide
entity to 155.89 percent, effective September 17, 2018.
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: September 25, 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. 2018-21247 Filed 9-28-18; 8:45 am]
BILLING CODE 3510-DS-P