83_FR_18082 83 FR 18002 - Glycine From India, the People's Republic of China, and Thailand: Initiation of Countervailing Duty Investigations

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)

Page Range18002-18006
FR Document2018-08665

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[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]


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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\
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    \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.
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    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\
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    \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.
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    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\
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    \6\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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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\
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    \7\ See 19 CFR 351.204(b)(2).
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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.
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    \8\ See General Issues Supplemental Questionnaire, at 3-5 and 
General Issues Supplement, at 3-8; see also Revised Scope 
Submission.
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    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\
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    \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).
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    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.
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    \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.
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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.
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    \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.
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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\
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    \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)).
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    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\
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    \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.
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    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\
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    \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.
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    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.
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    \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.
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    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\
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    \26\ Id.
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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\
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    \27\ See Volume I of the Petitions, at 38-39; see also General 
Issues Supplement, at 8 and Exhibit GEN-S5.
    \28\ Id.
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    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\
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    \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.
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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.
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    \31\ See India CVD Initiation Checklist for details on initiated 
sub-programs.
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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.
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    \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.
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    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.
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    \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.
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    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.
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    \36\ See Volume I of the Petitions, at Exhibit GEN-6; see also 
General Issues Supplement, at 2 and Exhibit GEN-S2.
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    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.
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    \37\ See section 703(a)(2) of the Act.
    \38\ See section 703(a)(1) of the Act.
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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.
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    \39\ See 19 CFR 351.301(b).
    \40\ See 19 CFR 351.301(b)(2).
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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.
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    \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.
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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

                                                Administrative Protective Orders                        International Trade Administration,                   www.trade.gov/td/energy/ at least one
                                                   This notice also serves as the only                  Room 28018, 1401 Constitution Avenue                  week prior to the meeting.
                                                reminder to parties subject to                          NW, Washington, DC 20230 or email:                      Background: The ETTAC is mandated
                                                administrative protective order (APO) of                tracy.gerstle@trade.gov.                              by Section 2313(c) of the Export
                                                their responsibility concerning the                     FOR FURTHER INFORMATION CONTACT:    Ms.               Enhancement Act of 1988, as amended,
                                                disposition of proprietary information                  Tracy Gerstle, Office of Energy &                     15 U.S.C. 4728(c), to advise the
                                                disclosed under APO in accordance                       Environmental Industries (OEEI),                      Environmental Trade Working Group of
                                                with 19 CFR 351.305(a)(3), which                        International Trade Administration,                   the Trade Promotion Coordinating
                                                continues to govern business                            Room 28018, 1401 Constitution Avenue                  Committee, through the Secretary of
                                                proprietary information in this segment                 NW, Washington, DC 20230 (Phone:                      Commerce, on the development and
                                                of the proceeding. Timely written                       202–482–0810; Fax: 202–482–5665;                      administration of programs to expand
                                                notification of the return or destruction               email: tracy.gerstle@trade.gov).                      U.S. exports of environmental
                                                of APO materials or conversion to
                                                                                                        SUPPLEMENTARY INFORMATION:      The                   technologies, goods, services, and
                                                judicial protective order is hereby
                                                requested. Failure to comply with the                   meeting will take place on May 15 from                products. The ETTAC was originally
                                                regulations and the terms of an APO is                  8:30 a.m. to 3:30 p.m. EDT. The general               chartered in May of 1994. It was most
                                                a sanctionable violation.                               meeting is open to the public and time                recently re-chartered until August 2018.
                                                   These amended final results and                      will be permitted for public comment
                                                                                                                                                                Dated: April 16, 2018.
                                                notice are issued and published in                      from 3:00—3:30 p.m. EDT. Members of
                                                                                                        the public seeking to attend the meeting              Man Cho,
                                                accordance with sections 751(h) and
                                                                                                        are required to register in advance.                  Deputy Director, Office of Energy and
                                                777(i) of the Act and 19 CFR 351.224(e).
                                                                                                        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
                                                Deputy Assistant Secretary for Antidumping              information provided above. This
                                                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
                                                                                                        auxiliary aids should be directed to                  International Trade Administration
                                                [FR Doc. 2018–08657 Filed 4–24–18; 8:45 am]
                                                                                                        OEEI at (202) 482–0810 no less than one
                                                BILLING CODE 3510–DS–P
                                                                                                        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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                                                                              Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                                    18003

                                                Inc. (the petitioners).1 The petitioners                 information reasonably available to the                Commerce requests that all interested
                                                are domestic producers of glycine.2                      petitioners supporting their allegations.              parties submit such comments by 5:00
                                                   On April 2, 2018, Commerce                               Commerce finds that the petitioners                 p.m. Eastern Time (ET) on May 7, 2018,
                                                requested supplemental information                       filed the Petitions on behalf of the                   which is 20 calendar days from the
                                                pertaining to certain areas of the                       domestic industry because the                          signature date of this notice. Any
                                                Petitions.3 The petitioners filed                        petitioners are interested parties as                  rebuttal comments, which may include
                                                responses to these requests on April 4                   defined in section 771(9)(C) of the Act.               factual information, must be filed by
                                                and 5, 2018.4 On April 10, 2018, the                     Commerce also finds that the petitioners               5:00 p.m. ET on May 17, 2018, which
                                                petitioners submitted certain revisions                  demonstrated sufficient industry                       is 10 calendar days from the initial
                                                to the scope.5                                           support with respect to the initiation of              comments deadline.11
                                                   In accordance with section 702(b)(1)                  the CVD investigations that the
                                                of the Tariff Act of 1930, as amended                    petitioners are requesting.6                              Commerce requests that any factual
                                                (the Act), the petitioners allege that the                                                                      information the parties consider
                                                Government of China (GOC), the                           Period of Investigation                                relevant to the scope of the
                                                Government of India (GOI), and the                         Because the Petitions were filed on                  investigations be submitted during this
                                                Royal Thai Government (RTG) are                          March 28, 2018, the period of                          time period. However, if a party
                                                providing countervailable subsidies,                     investigation for each of the                          subsequently finds that additional
                                                within the meaning of sections 701 and                   investigations is January 1, 2017,                     factual information pertaining to the
                                                771(5) of the Act, to producers of                       through December 31, 2017.7                            scope of the investigations may be
                                                glycine in China, India, and Thailand,                   Scope of the Investigations                            relevant, the party may contact
                                                respectively, and imports of such                                                                               Commerce and request permission to
                                                products are materially injuring, or                       The product covered by these                         submit the additional information. All
                                                threatening material injury to, the                      investigations is glycine from China,                  such comments must be filed on the
                                                domestic glycine industry in the United                  India, and Thailand. For a full                        records of each of the concurrent AD
                                                States. Consistent with section 702(b)(1)                description of the scope of these                      and CVD investigations, in accordance
                                                of the Act and 19 CFR 351.202(b), for                    investigations, see the Appendix to this               with the filing requirements, discussed
                                                those alleged programs on which we are                   notice.                                                immediately below.
                                                initiating a CVD investigation, the                      Comments on Scope of the
                                                Petitions are accompanied by                             Investigations                                         Filing Requirements

                                                   1 See Petitioners’ letter, ‘‘Glycine from the            During our review of the Petitions,                    All submissions to Commerce must be
                                                People’s Republic of China, India, Japan and             Commerce issued questions to, and                      filed electronically using Enforcement
                                                Thailand: Petitions for the Imposition of                received responses from, the petitioners               and Compliance’s Antidumping Duty
                                                Antidumping and Countervailing Duties,’’ dated           pertaining to the proposed scope to                    and Countervailing Duty Centralized
                                                March 28, 2018 (the Petitions). For the purposes of
                                                the instant notice, all references to ‘the Petitions,’
                                                                                                         ensure that the scope language in the                  Electronic Service System (ACCESS).12
                                                herein, refer specifically to the CVD Petitions.         Petitions is an accurate reflection of the             An electronically filed document must
                                                   2 See Volume I of the Petitions, at 4–5.              product for which the domestic industry                be received successfully in its entirety
                                                   3 See Commerce’s letters, ‘‘Petitions for the         is seeking relief.8 As a result of these               by the time and date it is due.
                                                Imposition of Antidumping Duties on Imports of           exchanges, the scope of the Petitions                  Documents exempted from the
                                                Glycine from India, Japan, and Thailand, and
                                                Countervailing Duties on Imports from the People’s
                                                                                                         was modified to clarify the description                electronic submission requirements
                                                Republic of China, India, and Thailand:                  of merchandise covered by the Petitions.               must be filed manually (i.e., in paper
                                                Supplemental Questions’’ (General Issues                 The description of the merchandise                     form) with Enforcement and
                                                Supplemental Questionnaire); ‘‘Petition for the          covered by this initiation, as described
                                                Imposition of Countervailing Duties on Imports of
                                                                                                                                                                Compliance’s APO/Dockets Unit, Room
                                                Glycine from the People’s Republic of China:
                                                                                                         in the Appendix to this notice, reflects               18022, U.S. Department of Commerce,
                                                Supplemental Questions;’’ ‘‘Petition for the             these clarifications.                                  1401 Constitution Avenue NW,
                                                Imposition of Countervailing Duties on Imports of           As discussed in the Preamble to                     Washington, DC 20230, and stamped
                                                Glycine from India: Supplemental Questions;’’ and        Commerce’s regulations, we are setting
                                                ‘‘Petition for the Imposition of Countervailing                                                                 with the date and time of receipt by the
                                                Duties on Imports of Glycine from Thailand:
                                                                                                         aside a period for interested parties to               applicable deadlines.
                                                Supplemental Questions.’’ All of these documents         raise issues regarding product coverage
                                                are dated April 2, 2018.                                 (scope).9 Commerce will consider all                   Consultations
                                                   4 See Petitioners’ Letters, ‘‘Petitions for the
                                                                                                         comments received from interested
                                                Imposition of Antidumping Duties on Imports of           parties and, if necessary, will consult                  Pursuant to sections 702(b)(4)(A)(i)
                                                Glycine from India, Japan and Thailand, and                                                                     and (ii) of the Act, Commerce notified
                                                Countervailing Duties on Imports from the People’s       with interested parties prior to the
                                                Republic of China, India and Thailand: Responses         issuance of the preliminary                            representatives of the Governments of
                                                to Supplemental Questions,’’ dated April 4, 2018         determinations. If scope comments                      China, India and Thailand of the receipt
                                                (General Issues Supplement); ‘‘Glycine from the          include factual information,10 all such                of the Petitions, and provided them the
                                                People’s Republic of China: Response to                                                                         opportunity for consultations with
                                                Supplemental Questions,’’ dated April 5, 2018            factual information should be limited to
                                                (China CVD Supplement); ’’ Glycine from India:           public information. To facilitate
                                                Responses to Supplemental Questions,’’ dated April                                                                11 See 19 CFR 351.303(b).
                                                                                                         preparation of its questionnaires,
                                                5, 2018 (India CVD Supplement); and ‘‘Glycine                                                                     12 See Antidumping and Countervailing Duty
                                                from Thailand: Response to Supplemental                     6 See ‘‘Determination of Industry Support for the   Proceedings: Electronic Filing Procedures;
                                                Questions,’’ dated April 4, 2018 (Thailand CVD                                                                  Administrative Protective Order Procedures, 76 FR
                                                Supplement).                                             Petitions’’ section, infra.
                                                                                                                                                                39263 (July 6, 2011). See also Enforcement and
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                                                                                                            7 See 19 CFR 351.204(b)(2).
                                                   5 See Memorandum, ‘‘Phone Call with Counsel to                                                               Compliance: Change of Electronic Filing System
                                                                                                            8 See General Issues Supplemental Questionnaire,
                                                the Petitioners,’’ dated April 10, 2018; see also                                                               Name, 79 FR 69046 (November 20, 2014) for details
                                                Petitioners’ Letter, ‘‘Petitions for the Imposition of   at 3–5 and General Issues Supplement, at 3–8; see      of Commerce’s electronic filing requirements,
                                                Antidumping Duties on Imports of Glycine from            also Revised Scope Submission.                         effective August 5, 2011. Information on help using
                                                                                                            9 See Antidumping Duties; Countervailing Duties,
                                                India, Japan and Thailand, and Countervailing                                                                   ACCESS can be found at https://access.trade.gov/
                                                Duties on Imports from the People’s Republic of          Final Rule, 62 FR 27296, 27323 (May 19, 1997)          help.aspx, and a handbook can be found at https://
                                                China, India and Thailand: Revised Scope,’’ dated        (Preamble).                                            access.trade.gov/help/Handbook
                                                April 10, 2018 (Revised Scope Submission), at 1–            10 See 19 CFR 351.102(b)(21) (defining ‘‘factual    %20on%20Electronic%20Filling
                                                2.                                                       information’’).                                        %20Procedures.pdf.



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                                                18004                        Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                respect to the CVD Petitions.13                         industry. While both Commerce and the                  domestic like product in 2017.20 The
                                                Commerce held consultations with the                    ITC must apply the same statutory                      petitioners state that there are no other
                                                Governments of Thailand and India on                    definition regarding the domestic like                 known producers of glycine in the
                                                April 5, 2018,14 and April 12, 2018,                    product,16 they do so for different                    United States; therefore, the Petitions
                                                respectively.15 As the Government of                    purposes and pursuant to a separate and                are supported by 100 percent of the U.S.
                                                China did not request consultations                     distinct authority. In addition,                       industry.21
                                                prior to the initiation of this                         Commerce’s determination is subject to                    Our review of the data provided in the
                                                investigation, none were held.                          limitations of time and information.                   Petitions, the General Issues
                                                                                                        Although this may result in different                  Supplement, and other information
                                                Determination of Industry Support for                                                                          readily available to Commerce indicates
                                                                                                        definitions of the like product, such
                                                the Petitions                                                                                                  that the petitioners have established
                                                                                                        differences do not render the decision of
                                                   Section 702(b)(1) of the Act requires                either agency contrary to law.17                       industry support for the Petitions.22
                                                that a petition be filed on behalf of the                  Section 771(10) of the Act defines the              First, the Petitions established support
                                                domestic industry. Section 702(c)(4)(A)                 domestic like product as ‘‘a product                   from domestic producers (or workers)
                                                of the Act provides that a petition meets               which is like, or in the absence of like,              accounting for more than 50 percent of
                                                this requirement if the domestic                        most similar in characteristics and uses               the total production of the domestic like
                                                producers or workers who support the                    with, the article subject to an                        product and, as such, Commerce is not
                                                petition account for: (i) At least 25                   investigation under this title.’’ Thus, the            required to take further action in order
                                                percent of the total production of the                  reference point from which the                         to evaluate industry support (e.g.,
                                                domestic like product; and (ii) more                    domestic like product analysis begins is               polling).23 Second, the domestic
                                                than 50 percent of the production of the                ‘‘the article subject to an investigation’’            producers (or workers) have met the
                                                domestic like product produced by that                  (i.e., the class or kind of merchandise to             statutory criteria for industry support
                                                portion of the industry expressing                      be investigated, which normally will be                under section 702(c)(4)(A)(i) of the Act
                                                support for, or opposition to, the                      the scope as defined in the petition).                 because the domestic producers (or
                                                petition. Moreover, section 702(c)(4)(D)                   With regard to the domestic like                    workers) who support the Petitions
                                                of the Act provides that, if the petition               product, the petitioners do not offer a                account for at least 25 percent of the
                                                does not establish support of domestic                  definition of the domestic like product                total production of the domestic like
                                                producers or workers accounting for                     distinct from the scope of the                         product.24 Finally, the domestic
                                                more than 50 percent of the total                       investigations.18 Based on our analysis                producers (or workers) have met the
                                                production of the domestic like product,                of the information submitted on the                    statutory criteria for industry support
                                                Commerce shall: (i) Poll the industry or                record, we have determined that                        under section 702(c)(4)(A)(ii) of the Act
                                                rely on other information in order to                   glycine, as defined in the scope,                      because the domestic producers (or
                                                determine if there is support for the                   constitutes a single domestic like                     workers) who support the Petitions
                                                petition, as required by subparagraph                   product, and we have analyzed industry                 account for more than 50 percent of the
                                                (A); or (ii) determine industry support                 support in terms of that domestic like                 production of the domestic like product
                                                using a statistically valid sampling                    product.19                                             produced by that portion of the industry
                                                method to poll the ‘‘industry.’’                           In determining whether the                          expressing support for, or opposition to,
                                                   Section 771(4)(A) of the Act defines                 petitioners have standing under section                the Petitions.25 Accordingly, Commerce
                                                the ‘‘industry’’ as the producers, as a                 702(c)(4)(A) of the Act, we considered                 determines that the Petitions were filed
                                                whole, of a domestic like product. Thus,                the industry support data contained in                 on behalf of the domestic industry
                                                to determine whether a petition has the                 the Petitions with reference to the                    within the meaning of section 702(b)(1)
                                                requisite industry support, the statute                 domestic like product as defined in the                of the Act.
                                                directs Commerce to look to producers                   ‘‘Scope of the Investigations,’’ in the                   Commerce finds that the petitioners
                                                and workers who produce the domestic                    Appendix to this notice. To establish                  filed the Petitions on behalf of the
                                                like product. The International Trade                   industry support, the petitioners                      domestic industry because they are
                                                Commission (ITC), which is responsible                  provided their own production of the                   interested parties as defined in section
                                                for determining whether ‘‘the domestic                                                                         771(9)(C) of the Act, and they have
                                                industry’’ has been injured, must also                    16 See  section 771(10) of the Act.
                                                                                                                                                               demonstrated sufficient industry
                                                determine what constitutes a domestic                     17 See  USEC, Inc. v. United States, 132 F. Supp.
                                                                                                                                                               support with respect to the CVD
                                                like product in order to define the                     2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                                                                                        v. United States, 688 F. Supp. 639, 644 (CIT 1988),    investigations that they are requesting
                                                   13 See Letter from Kathleen Marksberry, Program
                                                                                                        aff’d 865 F.2d 240 (Fed. Cir. 1989)).                  that Commerce initiate.26
                                                                                                           18 See Volume I of the Petitions, at 7.
                                                Manager, Office VIII, to the Embassy of China,             19 For a discussion of the domestic like product    Injury Test
                                                ‘‘Countervailing Duty Petition on Glycine from the      analysis as applied to these cases and information
                                                People’s Republic of China: Invitation for                                                                       Because China, India, and Thailand
                                                                                                        regarding industry support, see Countervailing Duty
                                                Consultations,’’ dated March 28, 2018; Letter from      Investigation Initiation Checklist: Glycine from the   are ‘‘Subsidies Agreement Countries’’
                                                Erin Kearney, Program Manager, Office VI, to the        People’s Republic of China (China CVD Initiation
                                                Embassy of India, ‘‘Countervailing Duty Petition on     Checklist), at Attachment II, Analysis of Industry       20 See   Volume I of the Petitions, at 2.
                                                Glycine from India: Invitation for Consultations to     Support for the Antidumping and Countervailing           21 Id.,
                                                Discuss the Countervailing Duty Petition,’’ dated                                                                         at 6; see also General Issues Supplement,
                                                                                                        Duty Petition Covering Glycine from the People’s       at 8 and Exhibit GEN–S4. For further discussion,
                                                March 29, 2018; and Letter from Kathleen                Republic of China, India, Japan, and Thailand
                                                Marksberry, Program Manager, Office VIII, to the                                                               see China CVD Initiation Checklist, at Attachment
                                                                                                        (Attachment II); see also Countervailing Duty          II; India CVD Initiation Checklist, at Attachment II;
                                                Royal Thai Embassy, ‘‘Countervailing Duty Petition      Investigation Initiation Checklist: Glycine from
                                                on Glycine from Thailand: Invitation for                                                                       and Thailand CVD Initiation Checklist, at
                                                                                                        India (India CVD Initiation Checklist), at
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                                                Consultations,’’ dated March 28, 2018.                                                                         Attachment II.
                                                                                                        Attachment II; see also Countervailing Duty               22 Id.
                                                   14 See Memorandum, ‘‘Countervailing Duty
                                                                                                        Investigation Initiation Checklist: Glycine from          23 Id.; see also section 702(c)(4)(D) of the Act.
                                                Petition on Glycine from Thailand: Consultations        Thailand (Thailand CVD Initiation Checklist), at
                                                                                                                                                                  24 See China CVD Initiation Checklist, at
                                                with Officials from the Royal Thai Government,’’        Attachment II. These checklists are dated
                                                dated April 5, 2018.                                    concurrently with this notice and on file              Attachment II; India CVD Initiation Checklist, at
                                                   15 See Memorandum, ‘‘Countervailing Duty             electronically via ACCESS. Access to documents         Attachment II; and Thailand CVD Initiation
                                                Petition on Glycine from India: Consultations with      filed via ACCESS is also available in the Central      Checklist, at Attachment II.
                                                                                                                                                                  25 Id.
                                                Officials from the Government of India,’’ dated         Records Unit, Room B8024 of the main Department
                                                April 13, 2018.                                         of Commerce building.                                     26 Id.




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                                                                              Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                                     18005

                                                within the meaning of section 701(b) of                  Initiation of CVD Investigations                       rates in these investigations. With
                                                the Act, section 701(a)(2) of the Act                      Based on the examination of the                      respect to China and India, in the event
                                                applies to these investigations.                         Petitions, we find that the Petitions                  Commerce determines that the number
                                                Accordingly, the ITC must determine                      meet the requirements of section 702 of                of companies is large and it cannot
                                                whether imports of the subject                           the Act. Therefore, we are initiating                  individually examine each company
                                                merchandise from China, India, and                       CVD investigations to determine                        based upon Commerce’s resources,
                                                Thailand materially injure, or threaten                  whether imports of glycine from China,                 where appropriate, Commerce intends
                                                material injury to, a U.S. industry.                     India, and Thailand benefit from                       to select mandatory respondents based
                                                Allegations and Evidence of Material                     countervailable subsidies conferred by                 on U.S. Customs and Border Protection
                                                Injury and Causation                                     the GOC, GOI, and RTG, respectively. In                (CBP) data for U.S. imports of glycine
                                                                                                         accordance with section 703(b)(1) of the               from China and India during the POI
                                                   The petitioners allege that imports of                Act and 19 CFR 351.205(b)(1), unless                   under the appropriate Harmonized
                                                the subject merchandise are benefitting                  postponed, we will make our                            Tariff Schedule of the United States
                                                from countervailable subsidies and that                  preliminary determinations no later                    numbers listed in the ‘‘Scope of the
                                                such imports are causing, or threaten to                 than 65 days after the date of this                    Investigations,’’ in the Appendix.
                                                cause, material injury to the U.S.                       initiation.                                               On April 9 and 10, 2018, Commerce
                                                industry producing the domestic like
                                                                                                         China                                                  released CBP data from China and India,
                                                product. In addition, the petitioners
                                                                                                                                                                respectively, under Administrative
                                                allege that subject imports exceed the                     Based on our review of the Petition,                 Protective Order (APO) to all parties
                                                negligibility threshold provided for                     we find that there is sufficient                       with access to information protected by
                                                under section 771(24)(A) of the Act.27 In                information to initiate a CVD
                                                CVD petitions, section 771(24)(B) of the                                                                        APO and indicated that interested
                                                                                                         investigation on 21 of the 22 alleged                  parties wishing to comment regarding
                                                Act provides that imports of subject                     subsidy programs. For a full discussion
                                                merchandise from developing and least                                                                           the CBP data and respondent selection
                                                                                                         of the basis for our decision to initiate              must do so within three business days
                                                developed countries must exceed the                      on each program, see China CVD
                                                negligibility threshold of four percent.                                                                        of the publication date of the notice of
                                                                                                         Initiation Checklist. A public version of              initiation of these CVD investigations.35
                                                The petitioners also demonstrate that                    the initiation checklist for this
                                                subject imports from India and                                                                                  Commerce will not accept rebuttal
                                                                                                         investigation is available on ACCESS.                  comments regarding the CBP data or
                                                Thailand, which have been designated
                                                as least developed and developing                        India                                                  respondent selection. Interested parties
                                                countries under sections 771(36)(A) and                                                                         must submit applications for disclosure
                                                                                                           Based on our review of the Petition,                 under APO in accordance with 19 CFR
                                                771(36)(B) of the Act, respectively,                     we find that there is sufficient
                                                exceed the negligibility threshold of                                                                           351.305(b). Instructions for filing such
                                                                                                         information to initiate a CVD                          applications may be found on the
                                                four percent.28                                          investigation on 38 of the 40 alleged
                                                   The petitioners contend that the                                                                             Commerce’s website at http://
                                                                                                         subsidy programs.31 For a full                         enforcement.trade.gov/apo.
                                                industry’s injured condition is                          discussion of the basis for our decision
                                                illustrated by a significant and                         to initiate on each program, see India                   Although Commerce normally relies
                                                increasing volume of subject imports,                    CVD Initiation Checklist. A public                     on import data from CBP to determine
                                                reduced market share, underselling and                   version of the initiation checklist for                whether to select a limited number of
                                                price depression or suppression, decline                 this investigation is available on                     producers/exporters for individual
                                                in the domestic industry’s shipments,                    ACCESS.                                                examination in CVD investigations, the
                                                production, and capacity utilization,                                                                           petitioners identified only one company
                                                decline in the domestic industry’s                       Thailand                                               as a producer/exporter of glycine in
                                                financial performance, and lost sales                       Based on our review of the Petition,                Thailand, Newtrend Food Ingredient
                                                and revenues.29 We have assessed the                     we find that there is sufficient                       (Thailand) Co., Ltd., and the petitioners
                                                allegations and supporting evidence                      information to initiate a CVD                          provided information from independent
                                                regarding material injury, threat of                     investigation on all ten alleged subsidy               sources as support.36 Furthermore, we
                                                material injury, causation, as well as                   programs. For a full discussion of the                 currently know of no additional
                                                cumulation, and we have determined                       basis for our decision to initiate on each             producers/exporters of subject
                                                that these allegations are properly                      program, see Thailand CVD Initiation                   merchandise from Thailand.
                                                supported by adequate evidence, and                      Checklist. A public version of the                     Accordingly, Commerce intends to
                                                meet the statutory requirements for                      initiation checklist for this investigation            examine all known producers/exporters
                                                initiation.30                                            is available on ACCESS.                                in the Thailand CVD investigation (i.e.,
                                                                                                                                                                Newtrend Food Ingredient (Thailand)
                                                  27 See Volume I of the Petitions, at 38–39; see also
                                                                                                         Respondent Selection                                   Co., Ltd.). We invite interested parties to
                                                General Issues Supplement, at 8 and Exhibit GEN–           In the Petitions, the petitioners named              comment on this issue. Parties wishing
                                                S5.                                                      29 companies in China,32 ten companies                 to comment on respondent selection for
                                                  28 Id.
                                                  29 Id. at 1–3, 33–49 and Exhibits GEN–2 and
                                                                                                         in India,33 and one company in                         Thailand must do so within three
                                                GEN–4 through GEN–6; see also General Issues             Thailand,34 as producers/exporters of
                                                Supplement, at 1, 8–9 and Exhibits GEN–S1 and            glycine. Commerce intends to follow its                   35 See Memorandum, ‘‘Glycine from the People’s

                                                GEN–S5.                                                  standard practice in CVD investigations                Republic of China Countervailing Duty Petition:
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                                                  30 See China CVD Initiation Checklist, at
                                                                                                         and calculate company-specific subsidy                 Release of Customs Data from U.S. Customs and
                                                Attachment III, Analysis of Allegations and                                                                     Border Protection,’’ dated April 9, 2018; and
                                                Evidence of Material Injury and Causation for the                                                               Memorandum, ‘‘Glycine from India Countervailing
                                                                                                           31 See India CVD Initiation Checklist for details
                                                Antidumping and Countervailing Duty Petition                                                                    Duty Petition: Release of Customs Data from U.S.
                                                Covering Glycine from the People’s Republic of           on initiated sub-programs.                             Customs and Border Protection,’’ dated April 10,
                                                                                                           32 See Volume II of the Petitions, at Exhibit CC1;
                                                China, India, Japan, and Thailand (Attachment III);                                                             2018.
                                                see also India CVD Initiation Checklist, at              see also China CVD Supplement, at 18–19.                  36 See Volume I of the Petitions, at Exhibit GEN–
                                                                                                           33 See Volume I of the Petitions, at 24–26.
                                                Attachment III; see also Thailand CVD Initiation, at                                                            6; see also General Issues Supplement, at 2 and
                                                Attachment III.                                            34 Id. at 28.                                        Exhibit GEN–S2.



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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]
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                                                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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable April 17, 2018.
ContactTyler 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 Citation83 FR 18002 

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