[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88052-88054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27949]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-878]


Glycine From Japan: Final 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) determines that 
Yuki Gosei Kogyo Co., Ltd. (YGK) and Nagase & Co., Ltd. (Nagase) 
(collectively, YGK/Nagase) made sales of glycine from Japan at less 
than normal value during the period of review (POR) June 1, 2021, 
through May 31, 2022.

DATES: Applicable December 20, 2023.

FOR FURTHER INFORMATION CONTACT: John 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 July 7, 2023, Commerce published the Preliminary Results.\1\ We 
invited interested parties to comment on the Preliminary Results. The 
review covers one mandatory respondent, YGK/Nagase. On November 3, 
2023, Commerce extended the deadline for the final results of review 
until December

[[Page 88053]]

15, 2023.\2\ A summary of the events that occurred since Commerce 
published the Preliminary Results, may be found in the Issues and 
Decision Memorandum.\3\
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    \1\ See Glycine from Japan: Preliminary Results of Antidumping 
Duty Administrative Review, 2021-2022, 88 FR 43273 (July 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Glycine from Japan: Extension of Deadline 
for Final Results of Antidumping Duty Administrative Review,'' dated 
November 3, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Glycine from Japan; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by this order is glycine. Glycine and 
glycine slurry are classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is 
classified in the HTSUS under 2922.49.80.00. For a complete description 
of the scope of the order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. For a list of the issues raised by parties, see the 
appendix to this notice. The Issues and 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 Issues and 
Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made certain changes to the margin calculations 
for YGK/Nagase.\4\ Specifically, we made changes to the calculation of 
indirect selling expenses, U.S. credit expense and inventory carrying 
cost, and financial expense.
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    \4\ See Issues and Decision Memorandum at Comments 4, 5, and 8.
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Final Results of the Administrative Review

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

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.\5\...........        0.00
------------------------------------------------------------------------

Disclosure
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    \5\ Based on the record information, Commerce preliminarily 
determined that Nagase and YGK are affiliated within the meaning of 
section 771(33)(E) of Tariff Act of 1930, as amended (the Act), and 
should be treated as a single entity pursuant to 19 CFR 351.401(f). 
See Preliminary Results. No party commented on our preliminary 
determination with respect to this issue, and we have received no 
new information regarding this issue. Therefore, we determine that 
Nagase and YGK are affiliated within the meaning of section 
771(33)(E) of the Act.
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    We will disclose the calculations performed to parties in this 
proceeding within five days after the date of the public announcement 
of these final results of review, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries.\6\ 
For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.5 percent), we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales, in accordance 
with 19 CFR 351.212(b)(1). Upon issuance of the final results of this 
administrative review, if any importer-specific assessment rates 
calculated in the final results are above de minimis, Commerce will 
issue instructions directly to CBP to assess antidumping duties on 
appropriate entries.
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    \6\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Proceedings: Final Modification, 77 FR 8101 
(February 14, 2012).
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    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the amount of dumping calculated for all U.S. 
sales to that importer or customer and dividing this amount by the 
total entered value of the sales to that importer (or customer). Where 
an importer (or customer)-specific ad valorem rate is greater than de 
minimis, and the respondent has reported reliable entered values, we 
will apply the assessment rate to the entered value of the importer's/
customer's entries during the POR.
    Commerce intends to issue appropriate assessment instructions 
directly 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

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Act: (1) the cash deposit rate for respondents noted above will be 
equal to the weighted-average dumping margins established in the final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding; (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 for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 53.66 percent, the all-others rate established in the less-than-
fair-value investigation.\7\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \7\ See Glycine from India and Japan: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR 
29170 (June 21, 2019).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that

[[Page 88054]]

reimbursement of antidumping duties did occur and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

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 19 CFR 351.213(h) and 
19 CFR 351.221(b)(5).

    Dated: December 14, 2023.
Abdelali Elouaradia,
Deputy 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. Discussion of the Issues
    Comment 1: Affiliation
    Comment 2: Commerce Must Obtain the Cost of Production for 
Sodium Glycinate, as YGK/Nagase's Further Processing of Sodium 
Glycinate is Minimal
    Comment 4: Indirect Selling Expenses
    Comment 5: U.S. Credit Expense and Inventory Carrying Cost
    Comment 6: Rate for Glycine Produced by Unaffiliated Producer
    Comment 7: Extraordinary Expenses/General and Administrative 
(G&A) Expenses
    Comment 8: Financial Expense
V. Recommendation

[FR Doc. 2023-27949 Filed 12-19-23; 8:45 am]
BILLING CODE 3510-DS-P