83 FR 18002 - Glycine From India, the People's Republic of China, and Thailand: Initiation of Countervailing Duty Investigations
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 80 (April 25, 2018)
International Trade Administration
Federal Register Volume 83, Issue 80 (April 25, 2018)
| Page Range | 18002-18006 | |
| FR Document | 2018-08665 |
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)] [Notices] [Pages 18002-18006] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08665] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-884, C-570-081, C-549-838] Glycine From India, the People's Republic of China, and Thailand: Initiation of Countervailing Duty Investigations AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable April 17, 2018. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold at (202) 482-1121 (the People's Republic of China (China)), Chelsey Simonovich at (202) 482- 1979 (India), and George Ayache at (202) 482-2623 (Thailand), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petitions On March 28, 2018, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) Petitions concerning imports of glycine from China, India, and Thailand, and antidumping duty (AD) Petitions concerning imports of glycine from India, Japan, and Thailand filed in proper form on behalf of GEO Specialty Chemicals, Inc. and Chattem Chemicals, [[Page 18003]] Inc. (the petitioners).\1\ The petitioners are domestic producers of glycine.\2\ --------------------------------------------------------------------------- \1\ See Petitioners' letter, ``Glycine from the People's Republic of China, India, Japan and Thailand: Petitions for the Imposition of Antidumping and Countervailing Duties,'' dated March 28, 2018 (the Petitions). For the purposes of the instant notice, all references to `the Petitions,' herein, refer specifically to the CVD Petitions. \2\ See Volume I of the Petitions, at 4-5. --------------------------------------------------------------------------- On April 2, 2018, Commerce requested supplemental information pertaining to certain areas of the Petitions.\3\ The petitioners filed responses to these requests on April 4 and 5, 2018.\4\ On April 10, 2018, the petitioners submitted certain revisions to the scope.\5\ --------------------------------------------------------------------------- \3\ See Commerce's letters, ``Petitions for the Imposition of Antidumping Duties on Imports of Glycine from India, Japan, and Thailand, and Countervailing Duties on Imports from the People's Republic of China, India, and Thailand: Supplemental Questions'' (General Issues Supplemental Questionnaire); ``Petition for the Imposition of Countervailing Duties on Imports of Glycine from the People's Republic of China: Supplemental Questions;'' ``Petition for the Imposition of Countervailing Duties on Imports of Glycine from India: Supplemental Questions;'' and ``Petition for the Imposition of Countervailing Duties on Imports of Glycine from Thailand: Supplemental Questions.'' All of these documents are dated April 2, 2018. \4\ See Petitioners' Letters, ``Petitions for the Imposition of Antidumping Duties on Imports of Glycine from India, Japan and Thailand, and Countervailing Duties on Imports from the People's Republic of China, India and Thailand: Responses to Supplemental Questions,'' dated April 4, 2018 (General Issues Supplement); ``Glycine from the People's Republic of China: Response to Supplemental Questions,'' dated April 5, 2018 (China CVD Supplement); '' Glycine from India: Responses to Supplemental Questions,'' dated April 5, 2018 (India CVD Supplement); and ``Glycine from Thailand: Response to Supplemental Questions,'' dated April 4, 2018 (Thailand CVD Supplement). \5\ See Memorandum, ``Phone Call with Counsel to the Petitioners,'' dated April 10, 2018; see also Petitioners' Letter, ``Petitions for the Imposition of Antidumping Duties on Imports of Glycine from India, Japan and Thailand, and Countervailing Duties on Imports from the People's Republic of China, India and Thailand: Revised Scope,'' dated April 10, 2018 (Revised Scope Submission), at 1-2. --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Government of China (GOC), the Government of India (GOI), and the Royal Thai Government (RTG) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of glycine in China, India, and Thailand, respectively, and imports of such products are materially injuring, or threatening material injury to, the domestic glycine industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the CVD investigations that the petitioners are requesting.\6\ --------------------------------------------------------------------------- \6\ See ``Determination of Industry Support for the Petitions'' section, infra. --------------------------------------------------------------------------- Period of Investigation Because the Petitions were filed on March 28, 2018, the period of investigation for each of the investigations is January 1, 2017, through December 31, 2017.\7\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.204(b)(2). --------------------------------------------------------------------------- Scope of the Investigations The product covered by these investigations is glycine from China, India, and Thailand. For a full description of the scope of these investigations, see the Appendix to this notice. Comments on Scope of the Investigations During our review of the Petitions, Commerce issued questions to, and received responses from, the petitioners pertaining to the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the product for which the domestic industry is seeking relief.\8\ As a result of these exchanges, the scope of the Petitions was modified to clarify the description of merchandise covered by the Petitions. The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. --------------------------------------------------------------------------- \8\ See General Issues Supplemental Questionnaire, at 3-5 and General Issues Supplement, at 3-8; see also Revised Scope Submission. --------------------------------------------------------------------------- As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\9\ Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,\10\ all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on May 7, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on May 17, 2018, which is 10 calendar days from the initial comments deadline.\11\ --------------------------------------------------------------------------- \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). \10\ See 19 CFR 351.102(b)(21) (defining ``factual information''). \11\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations, in accordance with the filing requirements, discussed immediately below. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\12\ An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \12\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the Governments of China, India and Thailand of the receipt of the Petitions, and provided them the opportunity for consultations with [[Page 18004]] respect to the CVD Petitions.\13\ Commerce held consultations with the Governments of Thailand and India on April 5, 2018,\14\ and April 12, 2018, respectively.\15\ As the Government of China did not request consultations prior to the initiation of this investigation, none were held. --------------------------------------------------------------------------- \13\ See Letter from Kathleen Marksberry, Program Manager, Office VIII, to the Embassy of China, ``Countervailing Duty Petition on Glycine from the People's Republic of China: Invitation for Consultations,'' dated March 28, 2018; Letter from Erin Kearney, Program Manager, Office VI, to the Embassy of India, ``Countervailing Duty Petition on Glycine from India: Invitation for Consultations to Discuss the Countervailing Duty Petition,'' dated March 29, 2018; and Letter from Kathleen Marksberry, Program Manager, Office VIII, to the Royal Thai Embassy, ``Countervailing Duty Petition on Glycine from Thailand: Invitation for Consultations,'' dated March 28, 2018. \14\ See Memorandum, ``Countervailing Duty Petition on Glycine from Thailand: Consultations with Officials from the Royal Thai Government,'' dated April 5, 2018. \15\ See Memorandum, ``Countervailing Duty Petition on Glycine from India: Consultations with Officials from the Government of India,'' dated April 13, 2018. --------------------------------------------------------------------------- Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,\16\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\17\ --------------------------------------------------------------------------- \16\ See section 771(10) of the Act. \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations.\18\ Based on our analysis of the information submitted on the record, we have determined that glycine, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\19\ --------------------------------------------------------------------------- \18\ See Volume I of the Petitions, at 7. \19\ For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Glycine from the People's Republic of China (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petition Covering Glycine from the People's Republic of China, India, Japan, and Thailand (Attachment II); see also Countervailing Duty Investigation Initiation Checklist: Glycine from India (India CVD Initiation Checklist), at Attachment II; see also Countervailing Duty Investigation Initiation Checklist: Glycine from Thailand (Thailand CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ``Scope of the Investigations,'' in the Appendix to this notice. To establish industry support, the petitioners provided their own production of the domestic like product in 2017.\20\ The petitioners state that there are no other known producers of glycine in the United States; therefore, the Petitions are supported by 100 percent of the U.S. industry.\21\ --------------------------------------------------------------------------- \20\ See Volume I of the Petitions, at 2. \21\ Id., at 6; see also General Issues Supplement, at 8 and Exhibit GEN-S4. For further discussion, see China CVD Initiation Checklist, at Attachment II; India CVD Initiation Checklist, at Attachment II; and Thailand CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petitions.\22\ First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).\23\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.\24\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.\25\ Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \22\ Id. \23\ Id.; see also section 702(c)(4)(D) of the Act. \24\ See China CVD Initiation Checklist, at Attachment II; India CVD Initiation Checklist, at Attachment II; and Thailand CVD Initiation Checklist, at Attachment II. \25\ Id. --------------------------------------------------------------------------- Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act, and they have demonstrated sufficient industry support with respect to the CVD investigations that they are requesting that Commerce initiate.\26\ --------------------------------------------------------------------------- \26\ Id. --------------------------------------------------------------------------- Injury Test Because China, India, and Thailand are ``Subsidies Agreement Countries'' [[Page 18005]] within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from China, India, and Thailand materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\27\ In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least developed countries must exceed the negligibility threshold of four percent. The petitioners also demonstrate that subject imports from India and Thailand, which have been designated as least developed and developing countries under sections 771(36)(A) and 771(36)(B) of the Act, respectively, exceed the negligibility threshold of four percent.\28\ --------------------------------------------------------------------------- \27\ See Volume I of the Petitions, at 38-39; see also General Issues Supplement, at 8 and Exhibit GEN-S5. \28\ Id. --------------------------------------------------------------------------- The petitioners contend that the industry's injured condition is illustrated by a significant and increasing volume of subject imports, reduced market share, underselling and price depression or suppression, decline in the domestic industry's shipments, production, and capacity utilization, decline in the domestic industry's financial performance, and lost sales and revenues.\29\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\30\ --------------------------------------------------------------------------- \29\ Id. at 1-3, 33-49 and Exhibits GEN-2 and GEN-4 through GEN- 6; see also General Issues Supplement, at 1, 8-9 and Exhibits GEN-S1 and GEN-S5. \30\ See China CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petition Covering Glycine from the People's Republic of China, India, Japan, and Thailand (Attachment III); see also India CVD Initiation Checklist, at Attachment III; see also Thailand CVD Initiation, at Attachment III. --------------------------------------------------------------------------- Initiation of CVD Investigations Based on the examination of the Petitions, we find that the Petitions meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of glycine from China, India, and Thailand benefit from countervailable subsidies conferred by the GOC, GOI, and RTG, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation. China Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 21 of the 22 alleged subsidy programs. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. India Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 38 of the 40 alleged subsidy programs.\31\ For a full discussion of the basis for our decision to initiate on each program, see India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. --------------------------------------------------------------------------- \31\ See India CVD Initiation Checklist for details on initiated sub-programs. --------------------------------------------------------------------------- Thailand Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all ten alleged subsidy programs. For a full discussion of the basis for our decision to initiate on each program, see Thailand CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petitions, the petitioners named 29 companies in China,\32\ ten companies in India,\33\ and one company in Thailand,\34\ as producers/exporters of glycine. Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. With respect to China and India, in the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce's resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of glycine from China and India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ``Scope of the Investigations,'' in the Appendix. --------------------------------------------------------------------------- \32\ See Volume II of the Petitions, at Exhibit CC1; see also China CVD Supplement, at 18-19. \33\ See Volume I of the Petitions, at 24-26. \34\ Id. at 28. --------------------------------------------------------------------------- On April 9 and 10, 2018, Commerce released CBP data from China and India, respectively, under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of these CVD investigations.\35\ Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Commerce's website at http://enforcement.trade.gov/apo. --------------------------------------------------------------------------- \35\ See Memorandum, ``Glycine from the People's Republic of China Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,'' dated April 9, 2018; and Memorandum, ``Glycine from India Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,'' dated April 10, 2018. --------------------------------------------------------------------------- Although Commerce normally relies on import data from CBP to determine whether to select a limited number of producers/exporters for individual examination in CVD investigations, the petitioners identified only one company as a producer/exporter of glycine in Thailand, Newtrend Food Ingredient (Thailand) Co., Ltd., and the petitioners provided information from independent sources as support.\36\ Furthermore, we currently know of no additional producers/ exporters of subject merchandise from Thailand. Accordingly, Commerce intends to examine all known producers/exporters in the Thailand CVD investigation (i.e., Newtrend Food Ingredient (Thailand) Co., Ltd.). We invite interested parties to comment on this issue. Parties wishing to comment on respondent selection for Thailand must do so within three [[Page 18006]] business days of the publication of this notice. --------------------------------------------------------------------------- \36\ See Volume I of the Petitions, at Exhibit GEN-6; see also General Issues Supplement, at 2 and Exhibit GEN-S2. --------------------------------------------------------------------------- All respondent selection comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by Commerce's electronic records system, ACCESS, no later than 5:00 p.m. ET on the date noted above. We intend to make our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public versions of the Petitions have been provided to the GOC, GOI, and RTG via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of glycine from China, India, and Thailand are materially injuring, or threatening material injury to, a U.S. industry.\37\ A negative ITC determination for any country will result in the investigation being terminated with respect to that country.\38\ Otherwise, the investigations will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \37\ See section 703(a)(2) of the Act. \38\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \39\ and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\40\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. --------------------------------------------------------------------------- \39\ See 19 CFR 351.301(b). \40\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\41\ Parties must use the certification formats provided in 19 CFR 351.303(g).\42\ Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. --------------------------------------------------------------------------- \41\ See section 782(b) of the Act. \42\ See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: April 17, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigations The merchandise covered by these investigations is glycine at any purity level or grade. This includes glycine of all purity levels, which covers all forms of crude or technical glycine including, but not limited to, sodium glycinate, glycine slurry and any other forms of amino acetic acid or glycine. Subject merchandise also includes glycine and precursors of dried crystalline glycine that are processed in a third country, including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the in-scope glycine or precursors of dried crystalline glycine. Glycine has the Chemical Abstracts Service (CAS) registry number of 56-40-6. Glycine and glycine slurry are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2922.49.4300. Sodium glycinate is classified in the HTSUS under 2922.49.8000. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2018-08665 Filed 4-24-18; 8:45 am] BILLING CODE 3510-DS-P
![18002 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices
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Those interested in attending must Environmental Industries.
Dated: April 18, 2018.
provide notification by Monday, May 7, [FR Doc. 2018–08560 Filed 4–24–18; 8:45 am]
Gary Taverman, 2018 at 5:00 p.m. EDT, via the contact BILLING CODE 3510–DR–P
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and Countervailing Duty Operations, meeting is physically accessible to
performing the non-exclusive functions and
people with disabilities. Requests for DEPARTMENT OF COMMERCE
duties of the Assistant Secretary for
Enforcement and Compliance. sign language interpretation or other
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[FR Doc. 2018–08657 Filed 4–24–18; 8:45 am]
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week prior to the meeting. Requests [C–533–884, C–570–081, C–549–838]
received after this date will be accepted,
DEPARTMENT OF COMMERCE but it may not be possible to Glycine From India, the People’s
accommodate them. Republic of China, and Thailand:
International Trade Administration Written comments concerning ETTAC Initiation of Countervailing Duty
affairs are welcome any time before or Investigations
Environmental Technologies Trade after the meeting. To be considered
Advisory Committee (ETTAC) Public during the meeting, written comments AGENCY: Enforcement and Compliance,
Meeting must be received by Monday, May 7, International Trade Administration,
AGENCY: International Trade 2018 at 5:00 p.m. EDT to ensure Department of Commerce.
Administration, DOC. transmission to the members before the DATES: Applicable April 17, 2018.
ACTION: Notice of an Open Meeting of a meeting. Minutes will be available
within 30 days of this meeting. FOR FURTHER INFORMATION CONTACT:
Federal Advisory Committee.
Topic to be considered: During the Tyler Weinhold at (202) 482–1121 (the
SUMMARY: This notice sets forth the May 15, 2018 meeting, the ETTAC will People’s Republic of China (China)),
schedule and proposed agenda of a present to the Secretary of Commerce its Chelsey Simonovich at (202) 482–1979
meeting of the Environmental final recommendations for this charter (India), and George Ayache at (202)
Technologies Trade Advisory period as deliberated and adopted at its 482–2623 (Thailand), AD/CVD
Committee (ETTAC). April 30, 2018 teleconference meeting, Operations, Enforcement and
DATES: The meeting is scheduled for Topics to be deliberated at the April 30, Compliance, International Trade
Tuesday, May 15, 2018 from 8:30 a.m.— 2018 meeting include optimizing the Administration, U.S. Department of
3:30 p.m. Eastern Daylight Time (EDT). U.S. Government’s trade promotion Commerce, 1401 Constitution Avenue
The deadline for members of the public programs, identifying market access NW, Washington, DC 20230.
to register or to submit written barriers, pros and cons of existing trade
comments for dissemination prior to the agreements, and discussing foreign SUPPLEMENTARY INFORMATION:
meeting is 5:00 p.m. EDT on Monday, procurement policy, including issues The Petitions
May 7, 2018. The deadline for members with financing mechanisms, localization
of the public to request auxiliary aids is requirements and non-tariff barriers. On March 28, 2018, the U.S.
5:00 p.m. EDT on Monday, May 7, 2018. The ETTAC’s subcommittees will Department of Commerce (Commerce)
ADDRESSES: The meeting will take place present the recommendations to the received countervailing duty (CVD)
at the U.S. Department of Commerce, Secretary. The subcommittees are: Trade
sradovich on DSK3GMQ082PROD with NOTICES
Petitions concerning imports of glycine
1401 Constitution Avenue, NW, Promotion and Export Market from China, India, and Thailand, and
Washington, DC 20230, Room 6057–59. Development, Professional Services and antidumping duty (AD) Petitions
The address to register and obtain call- Infrastructure Advancement, and Trade concerning imports of glycine from
in information; submit comments; or Policy and American Competitiveness. India, Japan, and Thailand filed in
request auxiliary aids is: Ms. Tracy The Office of Energy & Environmental proper form on behalf of GEO Specialty
Gerstle, Office of Energy & Industries will post the final agenda on Chemicals, Inc. and Chattem Chemicals,
Environmental Industries (OEEI), its Office website https://
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![18006 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices
business days of the publication of this clarify, or correct factual information submitting party does not comply with
notice. already on the record, to provide an the applicable certification
All respondent selection comments explanation identifying the information requirements.
must be filed electronically using already on the record that the factual
ACCESS. An electronically filed information seeks to rebut, clarify, or Notification to Interested Parties
document must be received correct.40 Time limits for the Interested parties must submit
successfully, in its entirety, by submission of factual information are applications for disclosure under APO
Commerce’s electronic records system, addressed in 19 CFR 351.301, which
in accordance with 19 CFR 351.305. On
ACCESS, no later than 5:00 p.m. ET on provides specific time limits based on
January 22, 2008, Commerce published
the date noted above. We intend to the type of factual information being
make our decisions regarding Antidumping and Countervailing Duty
submitted. Interested parties should
respondent selection within 20 days of review the regulations prior to Proceedings: Documents Submission
publication of this notice. submitting factual information in these Procedures; APO Procedures, 73 FR
investigations. 3634 (January 22, 2008). Parties wishing
Distribution of Copies of the Petitions to participate in these investigations
In accordance with section Extensions of Time Limits should ensure that they meet the
702(b)(4)(A)(i) of the Act and 19 CFR Parties may request an extension of requirements of these procedures (e.g.,
351.202(f), copies of the public versions time limits before the expiration of a the filing of letters of appearance as
of the Petitions have been provided to time limit established under 19 CFR discussed at 19 CFR 351.103(d)).
the GOC, GOI, and RTG via ACCESS. To 351.301, or as otherwise specified by the This notice is issued and published
the extent practicable, we will attempt Secretary. In general, an extension pursuant to sections 702 and 777(i) of
to provide a copy of the public version request will be considered untimely if it the Act and 19 CFR 351.203(c).
of the Petitions to each exporter named is filed after the expiration of the time
in the Petitions, as provided under 19 limit established under 19 CFR 351.301. Dated: April 17, 2018.
CFR 351.203(c)(2). For submissions that are due from Gary Taverman,
multiple parties simultaneously, an Deputy Assistant Secretary for Antidumping
ITC Notification
extension request will be considered and Countervailing Duty Operations,
We will notify the ITC of our untimely if it is filed after 10:00 a.m. ET performing the non-exclusive functions and
initiation, as required by section 702(d) on the due date. Under certain duties of the Assistant Secretary for
of the Act. circumstances, we may elect to specify Enforcement and Compliance.
Preliminary Determinations by the ITC a different time limit by which
Appendix
extension requests will be considered
The ITC will preliminarily determine, untimely for submissions which are due Scope of the Investigations
within 45 days after the date on which from multiple parties simultaneously. In The merchandise covered by these
the Petitions were filed, whether there such a case, we will inform parties in investigations is glycine at any purity level
is a reasonable indication that imports the letter or memorandum setting forth or grade. This includes glycine of all purity
of glycine from China, India, and the deadline (including a specified time) levels, which covers all forms of crude or
Thailand are materially injuring, or by which extension requests must be technical glycine including, but not limited
threatening material injury to, a U.S. filed to be considered timely. An to, sodium glycinate, glycine slurry and any
industry.37 A negative ITC extension request must be made in a other forms of amino acetic acid or glycine.
determination for any country will separate, stand-alone submission; under Subject merchandise also includes glycine
result in the investigation being limited circumstances we will grant and precursors of dried crystalline glycine
terminated with respect to that untimely-filed requests for the extension that are processed in a third country,
country.38 Otherwise, the investigations of time limits. Parties should review including, but not limited to, refining or any
will proceed according to statutory and Extension of Time Limits; Final Rule, 78 other processing that would not otherwise
regulatory time limits. FR 57790 (September 20, 2013), remove the merchandise from the scope of
Submission of Factual Information available at http://www.gpo.gov/fdsys/ the investigations if performed in the country
pkg/FR-2013-09-20/html/2013- of manufacture of the in-scope glycine or
Factual information is defined in 19 22853.htm, prior to submitting factual precursors of dried crystalline glycine.
CFR 351.102(b)(21) as: (i) Evidence information in these investigations. Glycine has the Chemical Abstracts Service
submitted in response to questionnaires; (CAS) registry number of 56–40–6. Glycine
(ii) evidence submitted in support of Certification Requirements and glycine slurry are classified under
allegations; (iii) publicly available Any party submitting factual Harmonized Tariff Schedule of the United
information to value factors under 19 information in an AD or CVD States (HTSUS) subheading 2922.49.4300.
CFR 351.408(c) or to measure the proceeding must certify to the accuracy Sodium glycinate is classified in the HTSUS
adequacy of remuneration under 19 CFR and completeness of that information.41 under 2922.49.8000. While the HTSUS
351.511(a)(2); (iv) evidence placed on Parties must use the certification subheadings and CAS registry number are
the record by Commerce; and (v) formats provided in 19 CFR provided for convenience and customs
evidence other than factual information 351.303(g).42 Commerce intends to purposes, the written description of the
described in (i)–(iv). Any party, when reject factual submissions if the scope of these investigations is dispositive.
submitting factual information, must [FR Doc. 2018–08665 Filed 4–24–18; 8:45 am]
sradovich on DSK3GMQ082PROD with NOTICES
specify under which subsection of 19 40 See 19 CFR 351.301(b)(2).
BILLING CODE 3510–DS–P
CFR 351.102(b)(21) the information is 41 See section 782(b) of the Act.
being submitted 39 and, if the 42 See also Certification of Factual Information to
information is submitted to rebut, Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
37 See section 703(a)(2) of the Act. questions regarding the Final Rule are available at
38 See section 703(a)(1) of the Act. http://enforcement.trade.gov/tlei/notices/factual_
39 See 19 CFR 351.301(b). info_final_rule_FAQ_07172013.pdf.
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Document Created: 2018-11-02 08:17:54
Document Modified: 2018-11-02 08:17:54
| 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 | Applicable April 17, 2018. | |
| Contact | Tyler Weinhold at (202) 482-1121 (the People's Republic of China (China)), Chelsey Simonovich at (202) 482- 1979 (India), and George Ayache at (202) 482-2623 (Thailand), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 18002 |
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