[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55550-55552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14766]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]


Glycine From India: Preliminary Results and Partial Rescission of 
the Countervailing Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to Kumar 
Industries, India (Kumar), a producer and exporter of glycine from 
India during the period of review (POR) January 1, 2022, through 
December 31, 2022. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 5, 2024.

FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or Amber Hodak 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) 482-8034, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 21, 2019, Commerce published the countervailing duty (CVD) 
order on glycine from India.\1\ On August 3, 2023, based on these 
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), 
Commerce published a notice of initiation of an administrative review 
the Order.\2\ Commerce partially extended the time period for issuing 
these preliminary results, in accordance with section 751(a)(3)(A) of 
the Tariff Act of 1930, as amended (the Act), to June 28, 2024.\3\
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    \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, 88 FR 51271, 51277 (August 3, 2023) 
(Initiation Notice). GEO requested a review of 31 companies, 
including Pan Chem Corporation. Pan Chem Corporation was 
inadvertently omitted from the Initiation Notice. As a result, there 
was an incorrect total of 30, rather than 31, companies included in 
the Initiation Notice for this administrative review. As explained 
below, in these preliminary results of review, Commerce is 
rescinding the review of many of those companies, including Pan 
Chem, based on the timely withdrawal of the review request.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated 
January 24, 2024; see also Memorandum, ``Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review,'' 
dated June 3, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I 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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Glycine from India; 2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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.

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 party or parties 
that requested a review withdraw the request within 90 days of the date 
of publication of the notice of initiation of the requested review. 
Between June 28 and 30, 2023, Commerce received timely requests for 
administrative reviews of 31 producers/exporters from various 
interested parties, in accordance with section 751(a)(1) of the Act and 
19 CFR 351.213(b)(1).\5\ On September 22, 2023, Paras withdrew its 
request for review of itself.\6\ On October 31, 2023, the petitioner 
\7\ timely withdrew its request for administrative review of 30 
producers/exporters.\8\ 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 the 30 
companies listed in Appendix II. For additional information regarding 
this determination, see the Preliminary Decision Memorandum.
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    \5\ See Paras Intermediates Private Limited's (Paras) Letter, 
``Request for Countervailing Duty Administrative Review,'' dated 
June 28, 2023; see also Kumar's Letter, ``Request for Administrative 
Review of Countervailing duty Order,'' dated June 29, 2023; GEO 
Specialty Chemicals, Inc.'s (GEO) Letter, ``Request for 
Administrative Review,'' dated June 30, 2023 (GEO Request for 
Administrative Review); and Memorandum, ``Phone Conversation with an 
Interested Party,'' dated July 20, 2023.
    \6\ See Paras' Letter, ``Withdrawal of Review Request for 
Countervailing Duty Administrative Review,'' dated September 22, 
2023 (Paras Withdrawal of Review Request).
    \7\ On January 1, 2024, GEO, the former petitioner in this 
proceeding, filed an amended administrative protective order (APO) 
application, disclosing that it transferred all its glycine business 
to Deer Park Glycine, LLC. As a result, Deer Park Glycine, LLC (the 
petitioner) became the new petitioning party in this administrative 
review. See Memorandum, ``Amended APO Application,'' dated January 
17, 2024.
    \8\ See GEO's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated October 31, 2023 (GEO Withdrawal of 
Review Request).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Act. For each of the subsidy programs 
found to be countervailable, we preliminarily determine that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\9\ For a full description of the

[[Page 55551]]

methodology underlying our conclusions, see the accompanying 
Preliminary Decision Memorandum.
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    \9\ 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.
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Preliminary Results of Review

    As a result of this review, Commerce preliminary determines the 
following countervailable subsidy rate for the period January 1, 2022, 
through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (ad valorem
                                                             percent)
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Kumar Industries, India.................................            2.01
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days of the date 
of publication of this notice in accordance with 19 CFR 351.224(b).
    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\10\ Pursuant to 19 
CFR 351.309(c), interested parties may submit case briefs to Commerce 
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.\11\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) table of contents listing 
each issue; (2) a table of authorities.\12\ All briefs must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern 
Time on the established deadline.
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    \10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for 
general filing requirements.
    \11\ 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).
    \12\ See 19 CFR 351.309(c)(2) and 351.309(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 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.\13\ Further, 
we request that interested parties limited 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 results in this administrative review. 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).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ 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, filed 
electronically via ACCESS. Hearing requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of issues to be discussed. Issues raised in the hearing will be 
limited to those raised in the respective case briefs. An 
electronically-filed hearing request must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after 
the date of publication of this notice. If a request for a hearing is 
made, parties will be notified of the time and date of the hearing.\15\
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    \15\ See 19 CFR 351.310(d).
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Assessment Rates

    Consistent with section 751(a)(1) 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. Commerce intends to issue assessment instructions to CBP 
regarding mandatory respondent, Kumar, 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).
    For the companies rescinded from this review, as identified in 
Appendix II, 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, 
2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(1)(i). For these companies, Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of these preliminary results of review in the Federal 
Register.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, upon publication of the 
final results, Commerce intends to instruct CBP to collect cash 
deposits of estimated countervailing duties for each of the companies 
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, except where the rate 
calculated in the final results is zero or de minimis. For all non-
reviewed firms, we 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.

Final Results

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues by the parties in any written briefs, no later than 
120 days after the date of publication of these preliminary results.

Notification to Interested Parties

    These preliminary results are being issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: June 28, 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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

[[Page 55552]]

Appendix II

Companies for Which Commerce Is Rescinding the Administrative Review

1. Avid Organics Private Limited
2. Paras Intermediates Private Limited
3. Aditya Chemicals
4. JR Corporation
5. Medilane Healthcare Pvt. Ltd.
6. Adwith Nutrichem Private Limited
7. Tarkesh Trading Company
8. Eagle Chemical Works
9. Alkanb Chemicals
10. Shari Pharmachem Pvt., Ltd.
11. Lucas-TVS Limited
12. Medbion Healthcare Private Limited
13. Alka Chemical Industries
14. J.R. International
15. Papchem Lifesciences (OPC) Private Limited
16. Kaaha Overseas
17. Bajaj Healthcare Limited
18. Global Merchants
19. Ladleadd
20. Jain Specialty Fine Chemicals
21. Alchemos Private Limited
22. Kronox Lab Sciences Ltd.
23. Venus International
24. Natural and Essential Oils Private Limited
25. Indiana Chem-Port
26. Pan Chem Corporation
27. Meteoric Biopharmaceuticals
28. Rudraa International
29. Rexisize Rasayan Industries
30. Reliance Rasayan Pvt. Ltd.

[FR Doc. 2024-14766 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P