[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29173-29174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13361]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884; C-570-081]
Glycine From India and the People's Republic of China:
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (the ITC),
Commerce is issuing countervailing duty orders on glycine from India
and the People's Republic of China (China).
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann at (202) 482-0698 or
Julie Geiger at (202) 482-2057 (India), or Tyler Weinhold at (202) 482-
1121 (China), AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), Commerce
published its affirmative final determinations in the countervailing
duty investigations of glycine from India and China on May 1, 2019.\1\
On June 14, 2019, the ITC notified Commerce of its final affirmative
determinations that an industry in the United States is materially
injured within the meaning of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of glycine from India and China.\2\
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\1\ See Countervailing Duty Investigation of Glycine from India:
Affirmative Final Determination, 84 FR 18482 (May 1, 2019); see also
Glycine from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 84 FR 18489 (May 1, 2019).
\2\ See ITC Letter, dated June 14, 2019 (ITC Letter).
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Scope of the Orders
The merchandise covered by these orders is glycine from India and
China. For a complete description of the scope of the orders, see the
Appendix to this notice.
Countervailing Duty Orders
On June 14, 2019, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of glycine from India and China.\3\
Therefore, in accordance with sections 705(c)(2) and 706 of the Act, we
are issuing these countervailing duty orders. Because the ITC
determined that imports of glycine from India and China are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
India and China, entered or withdrawn from warehouse for consumption,
are subject to the assessment of countervailing duties.
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\3\ See ITC Letter.
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As a result of the ITC's final affirmative determinations, in
accordance with section 706(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, countervailing duties on unliquidated entries of glycine
from India and China. Countervailing duties will be assessed on
unliquidated entries of glycine from India and China entered, or
withdrawn from warehouse, for consumption on or after September 4,
2018, the date of publication of the Preliminary Determinations,\4\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication in the Federal
Register of the ITC's injury determination, as further described below.
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\4\ See Glycine from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 83 FR 44859
(September 4, 2018); see also Glycine from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination, 83
FR 44863 (September 4, 2018) (collectively, Preliminary
Determinations).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., glycine from India and China), effective on the date of
publication of the ITC's final
[[Page 29174]]
determination in the Federal Register, and to assess, upon further
instruction by Commerce pursuant to 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise. We intend to instruct CBP to require, at the same time as
importers would normally deposit estimated duties on this merchandise,
cash deposits for each entry of subject merchandise equal to the rates
noted below. These instructions suspending liquidation will remain in
effect until further notice. The all-others rates apply to all
producers or exporters not specifically listed.
Estimated Subsidy Rates
The estimated subsidy rates for each countervailing duty order are
as follows:
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Subsidy
Exporter/producer rate
(percent)
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India
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Kumar Industries, India..................................... 6.99
Paras Intermediates Private Limited......................... 3.03
All Others.................................................. 5.01
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China
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JC Chemicals Limited........................................ 144.01
Sigmachem Corp.............................................. 144.01
All Others.................................................. 144.01
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Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published its affirmative
Preliminary Determinations on September 4, 2018. Therefore, the four-
month period beginning on the date of the publication of the
Preliminary Determinations ended on January 1, 2019. Pursuant to
section 707(b) of the Act, the collection of cash deposits at the rates
listed above will begin on the date of publication of the ITC's final
injury determination in the Federal Register.
Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of glycine from India and China entered, or withdrawn from
warehouse, for consumption after January 1, 2019, the date on which
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty orders with respect
to glycine from India and China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 705(c) and
706(a) of the Act and 19 CFR 351.211(b).
Dated: June 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these orders is dispositive.
[FR Doc. 2019-13361 Filed 6-20-19; 8:45 am]
BILLING CODE 3510-DS-P