[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67332-67334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23427]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on glycine from the 
People's Republic of China (China), covering the period March 1, 2019 
through February 29, 2020. Commerce preliminarily determines that 
Studio Disrupt, Mulji Mehta Enterprises (Mulji Mehta), Kumar Industries 
(Kumar), and Baoding Mantong Fine Chemistry Co., Ltd. (Baoding Mantong) 
did not have shipments of subject merchandise during the period of 
review (POR). Additionally, Commerce preliminarily finds Avid Organics 
Private Limited (Avid) to be part of the China-wide entity. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable October 22, 2020.

FOR FURTHER INFORMATION CONTACT: John C. McGowan, 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) 482-3019.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2020, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
glycine from China for the POR.\1\ On May 6, 2020, in response to a 
timely request from the petitioner,\2\ and in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the 
antidumping duty order on glycine from China with respect to Avid; 
Studio Disrupt; Mulji Mehta; Kumar; and Baoding Mantong.\3\ On July 21, 
2020, Commerce tolled all deadlines in administrative reviews by 60 
days, thereby extending the deadline for these preliminary results 
until February 1, 2021.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 12267 (March 2, 2020).
    \2\ The petitioner is GEO Specialty Chemical Inc. See 
Petitioner's Letter, ``Glycine from the People's Republic of China 
(A-570-836): Request for Administrative Review,'' dated March 31, 
2020.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 26931, 26935 (May 6, 2020).
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020. 
In accordance with Commerce's practice, where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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Scope of the Order

    The product covered by this antidumping duty order is glycine, 
which is a free-flowing crystalline material, like salt or sugar. 
Glycine is produced at varying levels of purity and is used as a 
sweetener/taste enhancer, a buffering agent, reabsorbable amino acid, 
chemical intermediate, and a metal complexing agent. This proceeding 
includes glycine of all purity levels. Glycine is currently classified 
under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\5\ Although the

[[Page 67333]]

HTSUS subheading is provided for convenience and customs purposes, the 
written description of the merchandise under the order is dispositive.
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    \5\ In separate scope rulings, Commerce determined that: (a) D(-
) Phenylglycine Ethyl Dane Salt is outside the scope of the order; 
and (b) PRC-origin glycine exported from India remains the same 
class or kind of merchandise as the Chinese-origin glycine imported 
into India. See Notice of Scope Rulings and Anticircumvention 
Inquiries, 62 FR 62288 (November 21, 1997); and Glycine from the 
People's Republic of China: Final Partial Affirmative Determination 
of Circumvention of the Antidumping Duty Order, 77 FR 73426 
(December 10, 2012), respectively.
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Preliminary Determination of No Shipments

    For the purpose of respondent selection, on May 12, 2020, we 
requested U.S. Customs and Border Protection (CBP) data. This query 
returned no entries by the companies subject to this administrative 
review during the POR.\6\ Subsequently, we received timely submissions 
from Studio Disrupt; Mulji Mehta; Kumar; and Baoding Mantong, 
certifying that they did not have sales, shipments, or exports of 
subject merchandise to the United States during the POR. In order to 
confirm these certifications, we issued inquiries to CBP requesting 
that CBP alert Commerce if CBP has any information contrary to these no 
shipment claims.\7\ On August 20, 2020, we received notification from 
CBP that there is no information contrary to the no shipment claims.\8\
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    \6\ See Memorandum, ``Glycine from the People's Republic of 
China; 2019-2020: Release of U.S. Customs and Border Protection 
Import Data,'' dated May 12, 2020.
    \7\ See CBP message numbers 0230401, 0230402, 0230403, and 
0230404, dated August 17, 2020, and available at https://aceservices.cbp.dhs.gov/adcvdweb/.
    \8\ See Memorandum, ``Glycine from the People's Republic of 
China (A-570-836) (A-533-975): No shipment inquiries with respect to 
the companies below during the period 03/01/2019 through 02/29/
2020,'' dated August 20, 2020.
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    Because we have not received information to the contrary from CBP, 
consistent with our practice, we preliminarily determine that Studio 
Disrupt; Mulji Mehta; Kumar; and Baoding Mantong had no shipments of 
subject merchandise during the POR.\9\
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    \9\ See, e.g., Certain Steel Threaded Rod from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 84 FR 71900 (December 30, 2019).
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China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\10\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., 155.89 percent) is not subject to change.\11\ 
Aside from the no shipment companies, discussed above, Commerce 
considers all companies for which a review was requested and which did 
not file a separate rate application or a no shipment certification 
letter (i.e., Avid) not eligible for a separate rate and, accordingly, 
to be part of the China-wide entity.
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    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \11\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China; Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
case briefs no later than 30 days after the date of publication of 
these preliminary results of review. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the case briefs are filed.\12\
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (Temporary Rule).
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    Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\13\ Parties who submit case briefs 
or rebuttal briefs in this proceeding are requested to submit with each 
brief: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\14\ Executive summaries 
should be limited to five pages total, including footnotes.\15\ Case 
and rebuttal briefs should be filed using ACCESS.\16\
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    \13\ See 19 CFR 351.303 (for general filing requirements); see 
also Temporary Rule; and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ Id.
    \16\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS, within 30 
days after the date of publication of this notice. Requests should 
contain the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined.\17\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of these preliminary results in the Federal Register, 
unless otherwise extended.\18\
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    \18\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon issuing the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\19\ Commerce intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review. We intend to instruct CBP to 
liquidate entries of subject merchandise exported by the China-wide 
entity, including the five companies for which a review was requested, 
at the China-wide rate. Additionally, pursuant to Commerce's practice 
in non-market economy (NME) cases, any suspended entries of subject 
merchandise during the POR under case numbers for the companies for 
which a review was requested will be liquidated at the China-wide 
rate.\20\
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    \19\ See 19 CFR 351.212(b).
    \20\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For previously investigated or 
reviewed China and non-China exporters that received a separate rate in 
a prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (2) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
the China-wide entity, which is 155.89 percent; and (3) for all non-
China exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
China exporter that supplied that non-China exporter.

[[Page 67334]]

    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during these PORs. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: October 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-23427 Filed 10-21-20; 8:45 am]
BILLING CODE 3510-DS-P