[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Pages 76611-76613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27221]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]


Glycine From India: Final Results of Countervailing Duty 
Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers and exporters of glycine from India received countervailable 
subsidies during the period of review (POR), January 1, 2020, through 
December 31, 2020.

DATES: Applicable December 15, 2022.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks or Scarlet Jaldin 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) 482-2670 or (202) 482-4275, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2022, Commerce published the preliminary results of this 
administrative review in the Federal Register and invited interest 
parties to comment.\1\ We received timely case briefs from the 
Government of India (GOI) \2\ and GEO Specialty Chemicals, Inc. (the 
petitioner),\3\ and timely filed rebuttal briefs from the 
petitioner,\4\ and the mandatory respondents in this review, Avid 
Organics Private Limited (Avid) \5\ and Kumar Industries, India 
(Kumar).\6\ On September 29, 2022, Commerce extended the deadline for 
issuing these final results to December 9, 2022.\7\
---------------------------------------------------------------------------

    \1\ See Glycine from India: Preliminary Results and Recission, 
in Part, of Countervailing Duty Administrative Review; 2020, 87 FR 
40494 (July 7, 2022) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See GOI's Letter, ``Case Brief on behalf of Government of 
India,'' dated August 8, 2022.
    \3\ See Petitioner's Letter, ``Glycine from India: Case Brief of 
GEO Specialty Chemicals, Inc.,'' dated August 8, 2022.
    \4\ See Petitioner's Letter, ``Rebuttal Brief of GEO Specialty 
Chemicals, Inc.,'' dated August 15, 2022.
    \5\ See Avid's Letter, ``AVID's Rebuttal to Petitioner Case 
Brief of August 8, 2022,'' dated August 13, 2022.
    \6\ See Kumar's Letter, ``Rebuttal Brief to Petitioner's Case 
Brief,'' dated August 15, 2022.
    \7\ See Memorandum, ``Extension of Deadline for the Final 
Results of Countervailing Duty Administrative Review; 2020,'' dated 
September 29, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is glycine from India. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Glycine from India; 2020,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. A list of 
the issues raised by parties and discussed in the Issues and Decision 
Memorandum is provided as an appendix to this notice. Based on our 
analysis of the comments received from interested parties and record 
information, we made no changes from the Preliminary Results. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's

[[Page 76612]]

Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\9\ For a description of the methodology underlying Commerce's 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Final Rate for Non-Selected Company Under Review

    There is one company subject to this review that was not selected 
as a mandatory respondent, i.e., Paras Intermediates Private Ltd. 
(Paras).\10\ Because the final subsidy rates calculated for the 
mandatory respondents in this review, Avid and Kumar, are above de 
minimis and are not based entirely on facts available,\11\ we have 
continued to apply to Paras a subsidy rate based on a weighted-average 
of the subsidy rates calculated for Avid and Kumar using publicly 
ranged sales data for these final results.\12\ This methodology for 
establishing the subsidy rate for the non-selected company is 
consistent with our practice and with section 705(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum.
    \11\ The subsidy rates for Avid and Kumar for these final 
results of review are unchanged from the Preliminary Results.
    \12\ See Issues and Decision Memorandum; see also Memorandum, 
``Preliminary Results Calculation of Subsidy Rate for a Non-Selected 
Company Under Review,'' dated June 30, 2022 (Non-Selected Rate 
Calculation Memorandum).
---------------------------------------------------------------------------

Final Results of Administrative Review

    For the period January 1, 2020, through December 31, 2020, we 
determine that the following net countervailable subsidy rates exist:
---------------------------------------------------------------------------

    \13\ Commerce continues to find that Kumar is cross-owned with 
Advance Chemical Corporation; therefore, the same subsidy rate 
applies to both companies. See Preliminary Decision Memorandum at 8. 
We note that the Initiation Notice references ``Kumar Industries'' 
which we have determined is the same company as ``Kumar Industries, 
India.''

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                              (percent
                                                             ad valorem)
------------------------------------------------------------------------
Avid Organics Private Limited..............................         3.00
Kumar Industries, India \13\...............................         3.11
Paras Intermediates Private Ltd............................         3.06
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of review within five 
days of a public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of final 
results in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because we have made no changes from the Preliminary Results, 
there are no calculations to disclose.

Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise covered by this 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts indicated above on shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review. For all non-reviewed firms subject to the 
Order, Commerce will instruct CBP to continue to collect cash deposits 
of estimated countervailing duties at the most recent company-specific 
or all-others rate applicable to the company, as appropriate. These 
cash deposit requirements, effective upon publication of these final 
results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: December 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available (AFA) to 
Kumar
    Comment 2: Whether Kumar Received Countervailable Electricity 
Subsidies from the State Government of Gujarat (SGOG)
    Comment 3: Whether Commerce Should Adjust its Benchmark and 
Benefit Calculations for the SGOG Provision of Water for Less than 
Adequate Remuneration (LTAR) Program
    Comment 4: Whether Avid Used Both the Interest Equalization 
Scheme (IES) and the Pre-Shipment and Post-Shipment Finance Programs
    Comment 5: Whether Commerce has Conducted an Appropriate Review
    Comment 6: Whether the Duty Drawback (DDB) Program Is 
Countervailable
    Comment 7: Whether the Export Promotion of Capital Goods and 
Services (EPCGS) Program Is Countervailable
    Comment 8: Whether the Merchandise Export From India Scheme 
(MEIS) Program Is Countervailable
    Comment 9: Whether the SGOG Electricity Duty Exemption Program 
Is Countervailable
    Comment 10: Whether the Pre-Shipment and Post-Shipment Finance 
Program Is Countervailable
    Comment 11: Whether the Interest Subsidy Under Scheme for 
Assistance of Micro, Small, and Medium Enterprises (MSMEs) as per 
Gujarat Industrial Policy 2009 Program Is Countervailable
    Comment 12: Whether the SGOG Provision of Water for LTAR Program 
Is Countervailable

[[Page 76613]]

IX. Recommendation

[FR Doc. 2022-27221 Filed 12-14-22; 8:45 am]
BILLING CODE 3510-DS-P