[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42298-42300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13964]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-884]
Glycine From India: Preliminary Results of Countervailing Duty
Administrative Review and Rescission, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies are being provided to producers and
exporters of glycine from India during the period of review, January 1,
2021, through December 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or Harrison Tanchuck,
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) 482-4275 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2019, Commerce published the countervailing duty order
on glycine from India.\1\ On June 3, 2022, Commerce published in the
Federal Register a notice of initiation of an administrative review of
the Order.\2\ Between June 27 and 30, 2022, Commerce received timely
requests for administrative reviews of several companies from various
interested parties, in accordance with section 751(a)(1) of the Tariff
Act of 1930, as amended (the Act) and 19 CFR 351.213(b)(1).\3\ On
August 9, 2022, based on these timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published in the
Federal Register a notice of initiation of the Order covering five
producers/exporters.\4\ On September 23, 2022, Paras withdrew its
request for review of itself.\5\ On November 7, 2022, Avid timely
withdrew its request for review of itself \6\ and the petitioner timely
withdrew its request for an administrative review of Avid.\7\ On
November 9, 2022, Commerce notified interested parties of its intent to
rescind the review, in part, with respect to Avid.\8\ On February 27,
2023, Commerce extended the time period for issuing these preliminary
results by 119 days, in accordance with section 751(a)(3)(A) of the
Act, to no later than June 29, 2023.\9\
---------------------------------------------------------------------------
\1\ See Glycine from India and the People's Republic of China:
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459, 48463 (August 9, 2022)
(Initiation Notice).
\3\ See Kumar Industries, India's (Kumar) Letter, ``Request for
Administrative Review of Countervailing Duty,'' dated June 27, 2022;
see also Paras Intermediates Private Limited's (Paras) Letter,
``Request for Countervailing Duty Administrative Review,'' dated
June 28, 2022; Avid Organics Private Limited's (Avid) Letter,
``Request for Countervailing Duty Administrative Review,'' dated
June 28, 2022; and GEO Specialty Chemicals, Inc.'s (the petitioner)
Letter, ``Request for Administrative Review,'' dated June 30, 2022.
\4\ See Initiation Notice, 87 FR at 48463.
\5\ See Paras' Letter, ``Withdrawal of Review Request for
Countervailing Duty Administrative Review,'' dated September 23,
2022 (Paras Withdrawal of Review Request).
\6\ See Avid's Letter, ``Withdrawal of Review Request for
Countervailing Duty Administrative Review,'' dated November 7, 2022
(Avid Withdrawal of Review Request).
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated November 7, 2022 (Petitioner
Withdrawal of Review Request).
\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated November 9, 2022.
\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
February 27, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\10\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\10\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Glycine from India; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
letters withdrawing the requests from Avid, Paras, and the petitioner,
pursuant to 19 CFR 351.213(d)(1).\11\ Because the withdrawal letters
were timely filed, and no other party requested a review of the
companies listed in the withdrawal letters, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to Avid and Paras.
---------------------------------------------------------------------------
\11\ See Avid Withdrawal of Review Request; see also Petitioner
Withdrawal of Review Request; and Paras Withdrawal of Review
Request.
---------------------------------------------------------------------------
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 Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found to be
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution
[[Page 42299]]
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\12\ For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with the mandatory respondent (Kumar): Rudraa
International; and Rexisize Rasayan Industries. The Act and Commerce's
regulations do not directly address the subsidy rate to be applied to
companies not selected for individual examination where Commerce limits
its examination in an administrative review pursuant to section
777A(e)(2) of the Act. However, Commerce normally determines the rates
for non-selected companies in reviews in a manner that is consistent
with section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act articulates a
preference that we are not to calculate an all-others rate using rates
which are zero, de minimis, or based entirely on facts available.
Accordingly, Commerce's usual practice in determining the rate for non-
examined respondents has been to weight-average the net subsidy rates
for the selected companies, excluding rates that are zero, de minimis,
or based entirely on facts available.\13\
---------------------------------------------------------------------------
\13\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37387
(June 29, 2010).
---------------------------------------------------------------------------
For these preliminary results, Kumar is the sole mandatory
respondent with a calculated rate above de minimis that is not based
entirely on facts available. Therefore, we are preliminarily assigning
Kumar's net countervailable subsidy rate to the two remaining, non-
examined companies, for which an individual rate was not calculated:
Rudraa International; and Rexisize Rasayan Industries.
Preliminary Results of Review
For the period January 1, 2021, through December 31, 2021, we
preliminarily find that the following net subsidy rates exist:
---------------------------------------------------------------------------
\14\ In this review, Commerce found the following company to be
cross-owned with Kumar: Advance Chemical Corporation. See
Preliminary Decision Memorandum; see also Memorandum, ``Preliminary
Results Calculation Memorandum for Kumar Industries, India,'' dated
concurrently with this notice.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Kumar Industries, India \14\............................ 6.03
Rudraa International.................................... 6.03
Rexisize Rasayan Industries............................. 6.03
------------------------------------------------------------------------
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption during period January 1, 2021, through December 31, 2021,
in accordance with 19 CFR 351.212(c)(1)(i). For the companies remaining
in the 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
Pursuant to section 751(a)(1) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respondents listed 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, Commerce will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit instructions, when imposed, shall remain in effect until
further notice.
Disclosure
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results, in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of this Federal Register notice.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted within seven days after the time limit for filing case
briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and 19 CFR 351.309(d)(2),
parties which submit arguments are requested to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\16\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\16\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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 do so within 30 days of publication of this notice by
submitting a written request to the Assistant Secretary for Enforcement
and Compliance.\18\ Hearing requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether a participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and that electronically filed
documents must be
[[Page 42300]]
received successfully in their entirety by 5 p.m. Eastern Time on the
due date.
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of the issues raised by the parties in their comments, no
later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rescission of Administrative Review, In Part
VI. Rate for Non-Examined Companies
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-13964 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P