82 FR 37564 - Glycine From the People's Republic of China: Preliminary Results of Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 154 (August 11, 2017)
International Trade Administration
Federal Register Volume 82, Issue 154 (August 11, 2017)
| Page Range | 37564-37565 | |
| FR Document | 2017-16994 |
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)] [Notices] [Pages 37564-37565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-836] Glycine From the People's Republic of China: Preliminary Results of Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 17, 2016, the Department of Commerce (the Department) initiated a changed circumstances review (CCR) of the antidumping duty order on glycine from the People's Republic of China (PRC). The Department preliminarily determines that Salvi Chemical Industries Ltd. (Salvi) is eligible to participate in a certification process, because Salvi has demonstrated that glycine produced by Salvi is no longer processed from Chinese-origin glycine. Interested parties are invited to comment on these preliminary results. DATES: Effective August 11, 2017. FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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) 482-9179. SUPPLEMENTARY INFORMATION: Background On December 10, 2012, the Department published its final anti- circumvention inquiry determination, where the record indicated that Salvi was processing Chinese glycine and labeling it to be of Indian origin.\1\ The Department determined that glycine processed in India of Chinese origin does not change country of origin, and, therefore, Salvi had circumvented the Order.\2\ As part of our determination, we stated that Salvi could not take part in a certification process, whereby Salvi's importers could certify that they had not imported Chinese- origin glycine and would not be subject to the antidumping duty rate for Chinese glycine.\3\ Additionally, we stated that Salvi could also request a CCR if it could show that its exports of glycine to the United States were not processed from Chinese-origin glycine.\4\ On July 18, 2016, the Department received a request from Salvi to initiate a CCR in order for the Department to determine that the glycine produced by Salvi is no longer processed from Chinese-origin glycine.\5\ Additionally, Salvi requested that the Department determine that importers of glycine from Salvi are eligible to participate in a certification process.\6\ On November 16, 2017, the Department initiated this CCR, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.216(d), upon finding that there is sufficient information to warrant a review of the Order.\7\ --------------------------------------------------------------------------- \1\ See Memorandum, ``Final Scope Ruling Concerning the Antidumping Duty Order on Glycine from the People's Republic of China,'' dated December 3, 2012 (Final Scope Ruling) at 14. \2\ See Glycine from the People's Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012) (Circumvention Notice) and accompanying Issues and Decision Memorandum for the Final Determination of the Anti-Circumvention Inquiry of the Antidumping Duty Order on Glycine from the People's Republic of China; see also Antidumping Duty Order: Glycine from the People's Republic of China, 60 FR 16116 (March 29, 1995) (Order); see also Final Scope Ruling. \3\ See Circumvention Notice and Final Scope Ruling. \4\ See Circumvention Notice. \5\ See Letter, ``Glycine from the People's Republic of China: Request for Changed Circumstances Review,'' dated July 18, 2016. \6\ Id. \7\ See Glycine from the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review, 81 FR 81064 (November 17, 2016). --------------------------------------------------------------------------- Scope of the Order The product covered by this antidumping duty order is glycine, which is a free-flowing crystalline material, like salt or sugar. Glycine is produced at varying levels of purity and is used as a sweetener/taste enhancer, a buffering agent, reabsorbable amino acid, chemical intermediate, and a metal complexing agent. This proceeding includes glycine of all purity levels. Glycine is currently classified under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the United States (HTSUS).\8\ Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive.\9\ --------------------------------------------------------------------------- \8\ In separate scope rulings, the Department determined that: (a) D(-) Phenylglycine Ethyl Dane Salt is outside the scope of the order and (b) PRC-glycine exported from India remains the same class or kind of merchandise as the PRC-origin glycine imported into India. See Notice of Scope Rulings and Anticircumvention Inquiries, 62 FR 62288 (November 21, 1997) and Circumvention Notice, respectively. \9\ See Order. --------------------------------------------------------------------------- Methodology We are conducting this CCR in accordance with section 751(b)(1) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.\10\ A list of topics in the Preliminary Decision Memorandum is included as an appendix to this notice. --------------------------------------------------------------------------- \10\ See Memorandum, ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Changed Circumstances Review of Glycine from the People's Republic of China,'' dated concurrently with this determination and hereby adopted by this notice (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, and is available to all parties in the Department's Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Results of the Changed Circumstances Review We preliminarily determine that, since the Circumvention Notice and Final Scope Ruling were issued, Salvi has demonstrated that glycine produced by Salvi is no longer processed from Chinese-origin glycine. If the Department upholds these preliminary results in the final results, we will notify U.S. Customs and Border Protection and allow Salvi's importers of subject merchandise to certify that the glycine being produced and [[Page 37565]] exported is not processed Chinese-origin glycine. Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review in the Federal Register.\11\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed by no later than five days after the deadline for filing case briefs.\12\ Parties that submit case or rebuttal briefs 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.\13\ All briefs are to be filed electronically using ACCESS.\14\ An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.\15\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.309(c)(1)(ii). The Department has exercised its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for submission of case briefs. \12\ See 19 CFR 351.309(d)(1). \13\ See 19 CFR 351.309(c)(2) and (d)(2). \14\ See 19 CFR 351.303(b) and (f). \15\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- Any interested party may submit a request for a hearing to the Assistant Secretary of Enforcement and Compliance using ACCESS within 30 days of publication of this notice in the Federal Register.\16\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs.\17\ If a request for a hearing is made, parties will be notified of the time and date of the hearing, which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\18\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.310(c). \17\ Id. \18\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- Final Results of the Review In accordance with 19 CFR 351.302(b), the Department extended the deadline of the final results of this CCR to November 3, 2017.\19\ --------------------------------------------------------------------------- \19\ See Memorandum, ``Glycine from the People's Republic of China: Extension of Deadline for Final Results of Changed Circumstances Review,'' dated August 4, 2017. --------------------------------------------------------------------------- Notification to Parties The Department is issuing and publishing these results in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3)(i). Dated: August 7, 2017. Carole Showers, Executive Director, Office of Policy performing the duties of Deputy 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. Preliminary Results of the Changed Circumstances Review [FR Doc. 2017-16994 Filed 8-10-17; 8:45 am] BILLING CODE 3510-DS-P
![37564 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices
information disclosed under APO in labeling it to be of Indian origin.1 The Glycine is currently classified under
accordance with 19 CFR 351.305(a)(3), Department determined that glycine subheading 2922.49.4020 of the
which continues to govern business processed in India of Chinese origin Harmonized Tariff Schedule of the
proprietary information in this segment does not change country of origin, and, United States (HTSUS).8 Although the
of the proceeding. Timely written therefore, Salvi had circumvented the HTSUS subheading is provided for
notification of the return or destruction Order.2 As part of our determination, we convenience and customs purposes, the
of APO materials, or conversion to stated that Salvi could not take part in written description of the merchandise
judicial protective order, is hereby a certification process, whereby Salvi’s under the order is dispositive.9
requested. Failure to comply with the importers could certify that they had not
Methodology
regulations and terms of an APO is a imported Chinese-origin glycine and
violation which is subject to sanction. would not be subject to the antidumping We are conducting this CCR in
This notice is issued and published in duty rate for Chinese glycine.3 accordance with section 751(b)(1) of the
accordance with sections 751(a)(1) and Additionally, we stated that Salvi could Act. For a full description of the
777(i)(1) of the Tariff Act of 1930, as also request a CCR if it could show that methodology underlying our
amended, and 19 CFR 351.213(d)(4). its exports of glycine to the United conclusions, see the Preliminary
Dated: August 7, 2017. States were not processed from Chinese- Decision Memorandum.10 A list of
origin glycine.4 On July 18, 2016, the topics in the Preliminary Decision
James Maeder,
Department received a request from Memorandum is included as an
Senior Director performing the duties of
Salvi to initiate a CCR in order for the appendix to this notice.
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations. Department to determine that the The Preliminary Decision
[FR Doc. 2017–16996 Filed 8–10–17; 8:45 am]
glycine produced by Salvi is no longer Memorandum is a public document and
processed from Chinese-origin glycine.5 is made available to the public via
BILLING CODE 3510–DS–P
Additionally, Salvi requested that the Enforcement and Compliance’s
Department determine that importers of Antidumping and Countervailing Duty
DEPARTMENT OF COMMERCE glycine from Salvi are eligible to Centralized Electronic Service System
participate in a certification process.6 (ACCESS). ACCESS is available to
International Trade Administration On November 16, 2017, the Department registered users at https://
initiated this CCR, pursuant to section access.trade.gov, and is available to all
[A–570–836] 751(b)(1) of the Tariff Act of 1930, as parties in the Department’s Central
amended, (the Act) and 19 CFR Records Unit, room B8024 of the main
Glycine From the People’s Republic of 351.216(d), upon finding that there is Department of Commerce building. In
China: Preliminary Results of Changed sufficient information to warrant a addition, a complete version of the
Circumstances Review review of the Order.7 Preliminary Decision Memorandum can
be accessed directly at http://
AGENCY: Enforcement and Compliance, Scope of the Order
enforcement.trade.gov/frn/. The signed
International Trade Administration, The product covered by this Preliminary Decision Memorandum and
Department of Commerce. antidumping duty order is glycine, the electronic version of the Preliminary
SUMMARY: On November 17, 2016, the
which is a free-flowing crystalline Decision Memorandum are identical in
Department of Commerce (the material, like salt or sugar. Glycine is content.
Department) initiated a changed produced at varying levels of purity and
circumstances review (CCR) of the is used as a sweetener/taste enhancer, a Preliminary Results of the Changed
antidumping duty order on glycine from buffering agent, reabsorbable amino Circumstances Review
the People’s Republic of China (PRC). acid, chemical intermediate, and a metal We preliminarily determine that,
The Department preliminarily complexing agent. This proceeding since the Circumvention Notice and
determines that Salvi Chemical includes glycine of all purity levels. Final Scope Ruling were issued, Salvi
Industries Ltd. (Salvi) is eligible to has demonstrated that glycine produced
participate in a certification process, 1 See Memorandum, ‘‘Final Scope Ruling
by Salvi is no longer processed from
because Salvi has demonstrated that Concerning the Antidumping Duty Order on Chinese-origin glycine.
glycine produced by Salvi is no longer Glycine from the People’s Republic of China,’’
If the Department upholds these
processed from Chinese-origin glycine. dated December 3, 2012 (Final Scope Ruling) at 14.
2 See Glycine from the People’s Republic of preliminary results in the final results,
Interested parties are invited to China: Final Partial Affirmative Determination of we will notify U.S. Customs and Border
comment on these preliminary results. Circumvention of the Antidumping Duty Order, 77 Protection and allow Salvi’s importers
DATES: Effective August 11, 2017. FR 73426 (December 10, 2012) (Circumvention
Notice) and accompanying Issues and Decision
of subject merchandise to certify that
FOR FURTHER INFORMATION CONTACT: Memorandum for the Final Determination of the the glycine being produced and
Madeline Heeren, AD/CVD Operations, Anti-Circumvention Inquiry of the Antidumping
Office VI, Enforcement and Compliance, Duty Order on Glycine from the People’s Republic 8 In separate scope rulings, the Department
of China; see also Antidumping Duty Order: Glycine
International Trade Administration, from the People’s Republic of China, 60 FR 16116
determined that: (a) D(-) Phenylglycine Ethyl Dane
U.S. Department of Commerce, 1401 Salt is outside the scope of the order and (b) PRC-
(March 29, 1995) (Order); see also Final Scope glycine exported from India remains the same class
Constitution Avenue NW., Washington, Ruling. or kind of merchandise as the PRC-origin glycine
DC 20230; telephone: (202) 482–9179. 3 See Circumvention Notice and Final Scope
imported into India. See Notice of Scope Rulings
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Ruling. and Anticircumvention Inquiries, 62 FR 62288
SUPPLEMENTARY INFORMATION: 4 See Circumvention Notice.
(November 21, 1997) and Circumvention Notice,
5 See Letter, ‘‘Glycine from the People’s Republic respectively.
Background
of China: Request for Changed Circumstances 9 See Order.
On December 10, 2012, the Review,’’ dated July 18, 2016. 10 See Memorandum, ‘‘Decision Memorandum for
Department published its final anti- 6 Id.
the Preliminary Results of the Antidumping Duty
7 See Glycine from the People’s Republic of Changed Circumstances Review of Glycine from the
circumvention inquiry determination,
China: Initiation of Antidumping Duty Changed People’s Republic of China,’’ dated concurrently
where the record indicated that Salvi Circumstances Review, 81 FR 81064 (November 17, with this determination and hereby adopted by this
was processing Chinese glycine and 2016). notice (Preliminary Decision Memorandum).
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![Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 37565
exported is not processed Chinese- Dated: August 7, 2017. Department received timely requests to
origin glycine. Carole Showers, conduct an administrative review of two
Executive Director, Office of Policy companies: (1) PT. Indah Kiat Pulp and
Public Comment
performing the duties of Deputy Assistant Paper Tbk, PT. Pabrik Kertas Tjiwi
Interested parties may submit case Secretary for Enforcement and Compliance. Kirnja Tbk, and Pindo Deli Pulp and
briefs no later than 30 days after the Paper Mills (PD) (collectively, APP); and
date of publication of these preliminary Appendix
(2) PT Anugerah Kertas Utama, PT Riau
results of review in the Federal List of Topics Discussed in the Preliminary Andalan Kertas, and APRIL Fine Paper
Register.11 Rebuttal briefs, limited to Decision Memorandum Macao Offshore Limited (collectively
issues raised in the case briefs, may be I. Summary APRIL).2 Based upon these requests, on
filed by no later than five days after the II. Background May 9, 2017, in accordance with section
deadline for filing case briefs.12 Parties III. Scope of the Order 751(a) of the Tariff Act of 1930, as
that submit case or rebuttal briefs are IV. Preliminary Results of the Changed amended (the Act), the Department
encouraged to submit with each Circumstances Review published a notice of initiation of an
argument: (1) A statement of the issue; [FR Doc. 2017–16994 Filed 8–10–17; 8:45 am] administrative review covering the
(2) a brief summary of the argument; BILLING CODE 3510–DS–P period August 26, 2015, through
and (3) a table of authorities.13 All briefs February 28, 2017, with respect to two
are to be filed electronically using companies.3 On June 12, 2017, APP
ACCESS.14 An electronically filed DEPARTMENT OF COMMERCE withdrew its request for an
document must be received successfully administrative review.
in its entirety by ACCESS by 5:00 p.m. International Trade Administration
Eastern Time on the day on which it is Partial Rescission
[A–560–828]
due.15 Pursuant to 19 CFR 351.213(d)(1), the
Any interested party may submit a Certain Uncoated Paper From Secretary will rescind an administrative
request for a hearing to the Assistant Indonesia: Rescission, in Part, of review, in whole or in part, if a party
Secretary of Enforcement and Antidumping Duty Administrative who requested the review withdraws
Compliance using ACCESS within 30 Review; 2015–2017 the request within 90 days of the date
days of publication of this notice in the of publication of notice of initiation of
Federal Register.16 Hearing requests AGENCY: Enforcement and Compliance, the requested review. APP timely
should contain the following International Trade Administration, withdrew its request for an
information: (1) The party’s name, Department of Commerce. administrative review of itself and no
SUMMARY: On May 9, 2017, the other party requested a review of this
address, and telephone number; (2) the
number of participants; and (3) a list of Department of Commerce (the company. Accordingly, we are
the issues to be discussed. Oral Department) initiated an administrative rescinding this review with respect to
presentations will be limited to issues review of the (AD) antidumping duty APP, in accordance with 19 CFR
raised in the briefs.17 If a request for a order on certain uncoated paper 351.213(d)(1).
hearing is made, parties will be notified (uncoated paper) from Indonesia for two
companies for the period August 26, Assessment
of the time and date of the hearing,
which will be held at the U.S. 2015, through February 28, 2017. Based The Department will instruct U.S.
Department of Commerce, 1401 on a timely withdrawal of a request for Customs and Border Protection (CBP) to
Constitution Avenue NW., Washington, review, we are now rescinding this assess antidumping duties on all
DC 20230.18 administrative review with respect to appropriate entries. For APP, the
one company, PT. Indah Kiat Pulp and company for which this review is
Final Results of the Review Paper Tbk, PT. Pabrik Kertas Tjiwi rescinded, antidumping duties shall be
In accordance with 19 CFR Kirnja Tbk, and PT. Pindo Deli Pulp and assessed at rates equal to the cash
351.302(b), the Department extended Paper Mills (PD) (collectively, APP). deposit of estimated antidumping duties
the deadline of the final results of this DATES: Applicable August 11, 2017. required at the time of entry, or
CCR to November 3, 2017.19 FOR FURTHER INFORMATION CONTACT: withdrawal from warehouse, for
Blaine Wiltse or Manuel Rey, AD/CVD consumption, in accordance with 19
Notification to Parties CFR 351.212(c)(1)(i). The Department
Operations, Office II, Enforcement and
The Department is issuing and Compliance, International Trade intends to issue appropriate assessment
publishing these results in accordance Administration, U.S. Department of instructions to CBP 15 days after
with sections 751(b)(1) and 777(i) of the Commerce, 1401 Constitution Avenue publication of this notice.
Act and 19 CFR 351.216 and NW., Washington, DC 20230; telephone:
351.221(c)(3)(i). Notification to Importers
(202) 482–6345 or (202) 482–5518,
respectively. This notice serves as a reminder to
11 See 19 CFR 351.309(c)(1)(ii). The Department importers of their responsibility under
has exercised its discretion under 19 CFR SUPPLEMENTARY INFORMATION: 19 CFR 351.402(f)(2) to file a certificate
351.309(c)(1)(ii) to alter the time limit for
submission of case briefs. Background regarding the reimbursement of
12 See 19 CFR 351.309(d)(1).
On March 6, 2017, the Department
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2 See Letter from APP, ‘‘Certain Uncoated Paper
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303(b) and (f).
published a notice of opportunity to from Indonesia: Request for Administrative
15 See 19 CFR 351.303(b). request an administrative review of the Reviews,’’ dated March 31, 2017; and Letter from
APRIL, ‘‘Uncoated Paper from Indonesia,’’ dated
16 See 19 CFR 351.310(c). AD order on uncoated paper from March 31, 2017.
17 Id. Indonesia.1 On March 31, 2017, the 3 See Initiation of Antidumping and
18 See 19 CFR 351.310(d).
Countervailing Duty Administrative Reviews, 82 FR
19 See Memorandum, ‘‘Glycine from the People’s 1 See Antidumping or Countervailing Duty Order, 21513 (May 9, 2017), as corrected by Initiation of
Republic of China: Extension of Deadline for Final Finding, or Suspended Investigation: Opportunity Antidumping and Countervailing Duty
Results of Changed Circumstances Review,’’ dated to Request Administrative Review, 82 FR 12551 Administrative Reviews, 82 FR 26444, 26445, 26451
August 4, 2017. (March 6, 2017). (June 7, 2017).
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Document Created: 2018-10-24 11:46:24
Document Modified: 2018-10-24 11:46:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 11, 2017. | |
| Contact | Madeline Heeren, 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) 482-9179. | |
| FR Citation | 82 FR 37564 |
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