[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43277-43279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14394]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-883]


Glycine From India: 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 and/or exporters subject to this administrative review 
made 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: Yang Jin Chun, 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) 482-5760.

[[Page 43278]]


SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2019, Commerce published the antidumping duty order on 
glycine from India.\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, based on timely filed 
requests for review, Commerce initiated this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\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 Act.\4\
---------------------------------------------------------------------------

    \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, 48461 (August 9, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
24, 2023.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Glycine from India; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) 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 these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
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.

Application of Facts Available With Adverse Inferences

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to determine a weighted-average 
dumping margin for Kumar Industries/Rudraa International (collectively, 
Kumar) \6\ because: (1) necessary information is not available on the 
record; and (2) Kumar withheld requested information, failed to provide 
such information by the established deadlines, and significantly 
impeded this proceeding. Further, Commerce preliminarily determines 
that an adverse inference is warranted in selecting from among the 
facts otherwise available pursuant to section 776(b) of the Act because 
Kumar failed to cooperate to the best of its ability. For further 
information, see the section, ``Application of Facts Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ In the last two completed administrative reviews, Commerce 
treated Kumar Industries and Rudraa International as a collapsed 
joint entity. See Glycine from India: Final Results of Antidumping 
Duty Administrative Review; 2018-2020, 86 FR 62508, 62509 n.4 
(November 10, 2021); and Glycine from India: Final Results of 
Antidumping Duty Administrative Review; 2020-2021, 87 FR 67870, 
67871, n.5 (November 10, 2022). For these preliminary results, we 
continue to treat these two companies as a collapsed joint entity.
---------------------------------------------------------------------------

Rate for Non-Selected Respondent

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for non-examined companies in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this administrative review, we have preliminarily calculated a 
weighted-average dumping margin for the mandatory respondent, Avid 
Organics Private Limited, that is not zero, de minimis, or based 
entirely on facts available (i.e., 3.90 percent). Accordingly, we have 
preliminarily assigned this rate to Paras Intermediates Private 
Limited, the sole respondent not selected for individual examination in 
this administrative review.\7\
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum at 7-8.
---------------------------------------------------------------------------

Preliminary Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Avid Organics Private Limited...............................        3.90
Kumar Industries/Rudraa International.......................       52.03
Paras Intermediates Private Limited.........................        3.90
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to parties in this administrative review 
within five days after public announcement of the preliminary results 
in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), 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.\8\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\9\ Parties who submit case 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.\10\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\11\
---------------------------------------------------------------------------

    \8\ 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)'').
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (Temporary Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
    \11\ See Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a

[[Page 43279]]

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 case 
and rebuttal 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.\12\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c); see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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 in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries covered by this review. 
If the weighted-average dumping margin for any individually examined 
respondent is above de minimis (i.e., 0.50 percent) in the final 
results of this review, we will calculate importer-specific 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).\13\ If any 
of these companies' weighted-average dumping margin is zero or de 
minimis in the final results of review, or if an importer-specific 
assessment rate for any of these companies is zero or de minimis, 
Commerce will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\14\ 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.\15\
---------------------------------------------------------------------------

    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \14\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative 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

    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 India entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2)(C) 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 7.23 
percent, the all-others rate established in the less-than-fair-value 
investigation, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation.\16\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \16\ See Order, 84 FR at 29171.
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of countervailing duties.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and sections 19 CFR 
351.213(h)(2) and 19 CFR 351.221(b)(4).

    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. Application of Facts Available and Adverse Inferences
V. Rate for Non-Selected Respondent
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-14394 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P