[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18487-18489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08831]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-883]


Glycine From India: Final Determination of Sales at Less Than 
Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that glycine 
from India is being, or is likely to be, sold in the United States at 
less than fair value (LTFV) during the period of investigation (POI) 
January 1, 2017, through December 31, 2017.

DATES: Applicable May 1, 2019.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Kent Boydston, 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) 482-5649, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2018, Commerce published in the Federal Register the 
Preliminary Determination of sales at LTFV of glycine from India.\1\ A 
summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\
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    \1\ See Glycine from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 83 FR 
54713 (October 31, 2018) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Glycine from India,'' dated concurrently with this 
determination and hereby adopted by this notice (Issues and Decision 
Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\3\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. Accordingly, 
the revised deadline for the final determination of this investigation 
is now April 24, 2019.
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    \3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
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Period of Investigation

    The POI is January 1, 2017, through December 31, 2017.

Scope of the Investigation

    The product covered by this investigation is glycine from India. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    We invited parties to comment on Commerce's Preliminary Scope 
Decision Memorandum.\4\ Commerce has reviewed the briefs submitted by 
interested parties, considered the arguments therein, and has made no 
changes to the scope of the investigation. For further discussion, see 
Commerce's Scope Comments Final Decision Memorandum.\5\
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    \4\ See ``Glycine from India, Japan, the People's Republic of 
China and Thailand: Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated August 27, 2018 (Preliminary 
Scope Decision Memorandum).
    \5\ See Memorandum, ``Glycine from India, Japan, the People's 
Republic of China and Thailand: Scope Comments Decision Memorandum 
for the Final Determinations,'' dated April 24, 2019.
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Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached at Appendix II. The Issues and Decision Memorandum is a public 
document and is available 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 B-8024 of Commerce's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and electronic version are identical in content.

Verifications

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), Commerce verified the sales and cost data reported by Kumar 
Industries, India (Kumar), and Paras Intermediates Private Limited 
(Paras) for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by the respondents.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Kumar and Paras since the Preliminary Determination. For a discussion 
of these changes, see the ``Margin Calculations'' section of the Issues 
and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated

[[Page 18488]]

exporters and producers, excluding any margins that are zero or de 
minimis or any margins determined entirely under section 776 of the 
Act. In this investigation, Commerce calculated a company-specific rate 
for Kumar and Paras. Consequently, the weighted average of the rates 
calculated for the two companies will be assigned as the rate for all 
other producers and exporters.

Final Determination

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                 Cash
                                                 Estimated     deposit
                                                 weighted-       rate
               Exporter/producer                  average     (adjusted
                                                  dumping    for subsidy
                                                   margin     offset(s))
                                                 (percent)    (percent)
------------------------------------------------------------------------
Kumar Industries, India.......................     \6\ 7.75         0.76
Paras Intermediates Private Limited...........    \7\ 10.86         7.83
All Others....................................         9.31         4.30
------------------------------------------------------------------------

Disclosure
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    \6\ See Memorandum to the File, ``Final Determination Margin 
Calculation Memorandum for Kumar Industries, India'', dated 
concurrently with this memorandum.
    \7\ See Analysis Memorandum for Paras, ``Analysis of Data 
Submitted by Paras Intermediates Private Limited in the Final 
Determination of the Antidumping Duty Investigation of Glycine from 
India,'' dated concurrently with this memorandum.
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    We will disclose the calculations performed in this final 
determination within five days of any public announcement of this 
notice in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to continue to suspend liquidation of all entries of glycine from 
India, as described in Appendix I of this notice, which are entered, or 
withdrawn from warehouse, for consumption on or after October 31, 2018, 
the date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as shown above, adjusted where appropriate, for export subsidies 
found in the final determination of the companion countervailing duty 
(CVD) investigation. Consistent with our longstanding practice, where 
the product under investigation is also subject to a concurrent CVD 
investigation, we instruct CBP to require a cash deposit equal to the 
amount by which the normal value exceeds the U.S. price, less the 
amount of the CVD determined to constitute any export subsidies.\8\
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    \8\ See, e.g., Welded Line Pipe from the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362 
(October 13, 2015), and Notice of Final Determination of Sales at 
Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers from 
the Republic of Korea, 77 17413 (March 26, 2012).
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    Therefore, in the event that a countervailing duty order is issued, 
and suspension of liquidation is resumed in the companion CVD 
investigation of glycine from India, Commerce will instruct CBP to 
require cash deposits adjusted by the amount of export subsidies, as 
appropriate. These adjustments are reflected in the final column of the 
rate chart, above. Until such suspension of liquidation is resumed in 
the companion CVD investigation, and so long as suspension of 
liquidation continues under this antidumping duty investigation, the 
cash deposit rates for this antidumping duty investigation will be the 
rates identified in the estimated weighted-average dumping margin 
column in the rate chart, above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of glycine from India no later 
than 45 days after our final determination. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding will be terminated, and all cash deposits will be refunded. 
If the ITC determines that such injury does exist, Commerce intends to 
issue an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: April 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is glycine at any 
purity level or grade. This includes glycine of all purity levels, 
which covers all forms of crude or technical glycine including, but 
not limited to, sodium glycinate, glycine slurry and any other forms 
of amino acetic acid or glycine. Subject merchandise also includes 
glycine and precursors of dried crystalline glycine that are 
processed in a third country, including, but not limited to, 
refining or any other processing that would not otherwise remove the 
merchandise from the scope of this investigation if performed in the 
country of manufacture of the in-scope glycine or precursors of 
dried crystalline glycine. Glycine has the Chemical Abstracts 
Service (CAS) registry number of 56-40-6. Glycine and glycine slurry 
are classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 2922.49.43.00. Sodium glycinate is classified in 
the HTSUS under 2922.49.80.00. While the HTSUS subheadings and CAS 
registry number are provided for convenience and customs purposes, 
the written description of the scope of this investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Adjustment for Countervailable Export Subsidies
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Application of Total Adverse Facts Available to Kumar
    Comment 2: Paras' Contributions for Corporate Social 
Responsibility

[[Page 18489]]

    Comment 3: Calculation of Paras' Short-term Interest Income
VIII. Recommendation

[FR Doc. 2019-08831 Filed 4-30-19; 8:45 am]
 BILLING CODE 3510-DS-P