[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Notices]
[Pages 55228-55230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14659]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-878]


Glycine From Japan: Preliminary Results and Rescission, in Part, 
of Antidumping Duty Administrative Review; 2022-2023

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 made 
sales of subject merchandise at less than normal value during the 
period of review June 1, 2022, through May 31, 2023. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable July 3, 2024.

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: 

[[Page 55229]]

Background

    On June 21, 2019, Commerce published the antidumping duty order on 
glycine from Japan.\1\ On June 1, 2023, Commerce published in the 
Federal Register a notice of opportunity to request an administrative 
review of the Order.\2\ On August 3, 2023, Commerce published the 
notice of initiation of the administrative review of the Order.\3\ On 
February 27, 2024, Commerce extended the time limit for these 
preliminary results to June 27, 2024, 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, 88 FR 35835, 35836 
(June 1, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271, 51276 (August 3, 2023) 
(Initiation Notice).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
27, 2024.
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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 the Administrative Review of the Antidumping Duty on 
Glycine from Japan; 2022-2023,'' 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.

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. Chattem Chemicals, Inc. 
withdrew its request for review of Showa Denko K.K.\6\ Because the 
request for review was timely withdrawn and no other parties requested 
a review of this company, in accordance with 19 CFR 351.213(d)(1), 
Commerce is rescinding this review with respect to Showa Denko K.K.
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    \6\ See Chattem Chemicals, Inc.'s Letter, ``Partial Withdrawal 
of Request for Administrative Review,'' dated October 23, 2023.
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period June 1, 2022, through May 
31, 2023.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd./Nagase & Co., Ltd.\7\...........        0.99
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Disclosure and Public Comment
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    \7\ Commerce previously determined 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). See Glycine from Japan: Final 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
88052, 88053 (December 20, 2023) at footnote 5. We have received no 
information in this administrative review that would change our 
finding for the purposes of these preliminary results of review.
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    Commerce intends to disclose to interested parties its calculations 
and analysis performed in these preliminary results, within five days 
of any public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs or other written comments to the Assistant Secretary for 
Enforcement and Compliance 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 five days after the 
date for filing case briefs.\8\ Interested parties who submit case or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\9\
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    \8\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \9\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this administrative review, we instead 
request that interested parties provide, at the beginning of their 
briefs, a public executive summary for each issue raised in their 
briefs.\10\ Further, we request that interested parties limit their 
public executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in this 
investigation. We request that interested parties include footnotes for 
relevant citations in the public executive summary of each issue. Note 
that Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See APO and Service Procedures.
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    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 submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants and whether any 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, time, and 
location of the hearing two days before the scheduled date.
    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed via ACCESS.\12\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
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    \12\ See 19 CFR 351.303.

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[[Page 55230]]

Final Results of Review

    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 and 19 CFR 351.213(h)(1).

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.\13\ 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).\14\ 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.\15\ 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.\16\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ 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).
    \15\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For Showa Denko K.K., for which we are rescinding this 
administrative review, antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, 
during the period of review, in accordance with 19 CFR 
351.212(c)(1)(i). For Showa Denko K.K., Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of these preliminary results in the Federal Register.
    Consistent with its recent notice,\17\ 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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    \17\ 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.\18\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \18\ 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.

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 27, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. 2024-14659 Filed 7-2-24; 8:45 am]
BILLING CODE 3510-DS-P