[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29170-29172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13362]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-883, A-588-878]
Glycine From India and Japan: Amended Final Affirmative
Antidumping Duty Determination and Antidumping 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 (ITC),
Commerce is issuing antidumping duty orders on glycine from India and
Japan. In addition, Commerce is amending its final affirmative
determination on glycine from India.
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT: Edythe Artman at (202) 482-3931 or
Kent Boydston at (202) 482-5649 (India), or John McGowan at (202) 482-
3019 (Japan), 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 735(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 less-than-fair-
value investigations of glycine from India and Japan 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 735(b)(1)(A)(i) of the Act, by
reason of the less-than-fair-value imports of glycine from India and
Japan.\2\
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\1\ See Glycine from India: Final Determination of Sales at Less
Than Fair Value, 84 FR 18487 (May 1, 2019) (India Final
Determination); see also Glycine from Japan: Final Determination of
Sales at Less Than Fair Value, 84 FR 18484 (May 1, 2019).
\2\ See section 735(d) of the Act (requiring notification); see
also 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
Japan. For a complete description of the scope of the orders, see the
Appendix to this notice.
Amendment to Final Determination
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\3\
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\3\ See section 735(e) of the Act and 19 CFR 351.224(f).
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Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the India Final Determination to reflect the
correction of two ministerial errors in the final estimated weighted-
average dumping margin calculated for Kumar Industries, India (Kumar).
In addition, because Kumar's estimated weighted-average dumping margin
is the basis for the estimated weighted-average dumping margin
determined for all other Indian producers and exporters of subject
merchandise, we also are revising the ``all-others'' rate in the India
Final
[[Page 29171]]
Determination.\4\ The amended estimated weighted-average dumping
margins are listed in the Suspension of Liquidation section below.
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\4\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Glycine from India: Allegations of Ministerial Errors in the Final
Determination,'' dated May 29, 2019 (Ministerial Error Memorandum).
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Antidumping Duty Orders
On June 14, 2019, in accordance with sections 735(b)(1)(A)(i) and
735(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 Japan.\5\
Therefore, in accordance with sections 735(c)(2) and 736 of the Act, we
are issuing these antidumping duty orders. Because the ITC determined
that imports of glycine from India and Japan are materially injuring a
U.S. industry, unliquidated entries of such merchandise from India and
Japan, entered or withdrawn from warehouse for consumption, are subject
to the assessment of antidumping duties.
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\5\ See ITC Letter.
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As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise, for all relevant entries of glycine from
India and Japan. In the case of entries from India, the antidumping
duties will be adjusted for export subsidies found in the final
determination of the companion countervailing duty investigation.\6\
Antidumping duties will be assessed on unliquidated entries of glycine
from India and Japan entered, or withdrawn from warehouse, for
consumption on or after October 31, 2018, the date of publication of
the Preliminary Determinations, \7\ 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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\6\ See India Final Determination, 84 FR at 18488.
\7\ 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); Glycine from Japan: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 83 FR 54718 (October 31, 2018) (collectively,
Preliminary Determinations).
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Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., glycine from India and Japan), effective the date of publication
of the ITC final determination in the Federal Register, and to assess,
upon further instruction by Commerce pursuant to section 736(a)(1) of
the Act, antidumping duties for each entry of the subject merchandise
equal to the amount by which the normal value of the merchandise
exceeds the export price or constructed export price of the
merchandise, adjusted by the amount of export subsidies, where
appropriate. We intend to instruct CBP to require, at the same time as
importers would normally deposit estimated import 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 other producers or exporters not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
duty order are as follows:
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offsets)
margin (percent) (percent)
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India
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Kumar Industries, India....... 13.61 6.62
Paras Intermediates Private 10.86 \8\ 7.83
Limited......................
All Others.................... 12.24 \9\ 7.23
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Japan
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Yuki Gosei Kogyo Co., Ltd..... 53.66 NA
Showa Denko K.K............... 86.22 NA
All Others.................... 53.66 NA
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NA = Not Applicable.
Provisional Measures
Section 733(d) of the Act 8 9 states that suspension of
liquidation pursuant to an affirmative preliminary determination may
not remain in effect for more than six months. Commerce published its
affirmative Preliminary Determinations on October 31, 2018. Therefore,
the six-month period beginning on the date of publication of the
Preliminary Determinations ended on April 28, 2019. Pursuant to section
737(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.
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\8\ See India Final Determination, 84 FR at 18488.
\9\ Id.; see Ministerial Error Memorandum at 4.
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Therefore, in accordance with section 733(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 Japan entered, or withdrawn from
warehouse, for consumption after April 28, 2019, the date on which the
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.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
glycine from India and Japan pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping
[[Page 29172]]
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section and 736(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. 2019-13362 Filed 6-20-19; 8:45 am]
BILLING CODE 3510-DS-P