[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43273-43275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14393]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-878]


Glycine From Japan: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that producers or exporters subject to this administrative review did 
not make sales of subject merchandise at less than normal value during 
the period of review June 1, 2021, through May 31, 2022. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable July 7, 2023.

FOR FURTHER INFORMATION CONTACT: John K. Drury, 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) 482-0195.

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2019, Commerce published the antidumping duty order on 
glycine from Japan.\1\ On June 3, 2022, Commerce published in the 
Federal Register a notice of opportunity to request an administrative 
review of the Order.\2\ On August 9, 2022, Commerce published the 
notice of initiation of the administrative review of the Order.\3\ On 
February 24, 2023, Commerce extended the time limit for these 
preliminary results to June 30, 2023, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\4\
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    \1\ See Glycine from India and Japan: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR 
29170 (June 21, 2019) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 33706, 33708 
(June 3, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459, 48462 (August 9, 2022) 
(Initiation Notice).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
24, 2023.
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Scope of the Order

    The merchandise subject to the Order is glycine. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: 
Glycine from Japan,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is made available to the public 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as an 
appendix to this notice.

Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period June 1, 2021, through May 
31, 2022.

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Producer/exporter                         average
                                                         dumping  margin
                                                             (percent)
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Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.\6\.......            0.00
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Disclosure and Public Comment
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    \6\ As explained in the Preliminary Decision Memorandum, based 
on the record information, Commerce preliminarily determines that 
Nagase & Co., Ltd. and Yuki Gosei Kogyo Co., Ltd. are affiliated 
within the meaning of section 771(33)(E) of the Act and should be 
treated as a single entity pursuant to 19 CFR 351.401(f) for these 
preliminary results of review.
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    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results, in accordance with 19 CFR 351.224(b).

[[Page 43274]]

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\7\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\8\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) a 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\9\
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    \7\ 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) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'').
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \9\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\10\
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    \10\ 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 its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries.\11\ If the weighted-average dumping 
margin for Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd. is not zero or 
de minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate an importer-specific assessment rate. Where 
the respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales and the total entered value of such sales in 
accordance with 19 CFR 351.212(b)(1).\12\ Where the respondent did not 
report entered values, in accordance with 19 CFR 351.212(b)(1), 
Commerce will calculate importer/customer-specific assessment rates by 
dividing the amount of dumping for reviewed sales to the importer/
customer by the total quantity of those sales. Commerce will calculate 
an estimated ad valorem importer/customer-specific assessment rate to 
determine whether the per-unit assessment rate is de minimis; however, 
Commerce will use the per-unit assessment rate where entered values 
were not reported. Where an importer/customer-specific ad valorem 
assessment rate is not zero or de minimis, Commerce will instruct CBP 
to collect the appropriate duties at the time of liquidation. If Yuki 
Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.'s weighted-average dumping 
margin is zero or de minimis in the final results of review, or if an 
importer-specific assessment rate for one of these companies is zero or 
de minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\13\ For entries of subject 
merchandise during the period of review produced by any of these 
companies for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate unreviewed 
entries.\14\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \13\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\15\ 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). The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future cash deposits of estimated 
antidumping duties, where applicable.
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    \15\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of glycine from Japan entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) the cash 
deposit rate for companies subject to this review will be equal to the 
company-specific weighted-average dumping margin established in the 
final results of the review; (2) for merchandise exported by a company 
not covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer is, the 
cash deposit rate will be the rate established in the completed segment 
for the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will be 53.66 
percent, the all-others rate established in the less-than-fair-value 
investigation.\16\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ See Glycine from India and Japan: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR 
29170, 29171 (June 21, 2019).
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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 this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

[[Page 43275]]

Notification to Interested Parties

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

    Dated: June 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-14393 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P