83 FR 44861 - Glycine From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 171 (September 4, 2018)
International Trade Administration
Federal Register Volume 83, Issue 171 (September 4, 2018)
| Page Range | 44861-44862 | |
| FR Document | 2018-19098 |
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)] [Notices] [Pages 44861-44862] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19098] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-549-838] Glycine From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of glycine from Thailand. The period of investigation is January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination. DATES: Applicable September 4, 2018. FOR FURTHER INFORMATION CONTACT: George Ayache, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2623. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 25, 2018.\1\ On June 7, 2018, in accordance with section 703(c)(1)(A) of the Act, Commerce postponed the preliminary determination of this investigation to August 27, 2018.\2\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\3\ A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Glycine from India, the People's Republic of China, and Thailand: Initiation of Countervailing Duty Investigations, 83 FR 18002 (April 25, 2018) (Initiation Notice). \2\ See Glycine from India, the People's Republic of China, and Thailand: Postponement of Preliminary Determinations of Countervailing Duty Investigations, 83 FR 26415 (June 7, 2018). \3\ See Memorandum, ``Preliminary Negative Determination of the Countervailing Duty Investigation of Glycine from Thailand,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is glycine from Thailand. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice. --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See scope in Appendix I. --------------------------------------------------------------------------- \6\ See Memorandum, ``Glycine from India, Japan, the People's Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated concurrently with this notice (Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs at issue in this investigation, Commerce examined whether there is a subsidy, i.e., a financial contribution by [[Page 44862]] an ``authority'' that gives rise to a benefit to the recipient, and whether the subsidy is specific.\7\ --------------------------------------------------------------------------- \7\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Preliminary Negative Determination of Critical Circumstances In accordance with section 703(e)(1) of the Act, we preliminary determine that critical circumstances do not exist with respect to imports of glycine from Thailand. For a full description of the methodology and results of Commerce's analysis, see the Preliminary Decision Memorandum. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of glycine from Thailand based on a request made by GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. (the petitioners).\8\ Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than January 7, 2019, unless postponed. --------------------------------------------------------------------------- \8\ See Petitioners' letter, ``Glycine from Thailand: Request to Align the Countervailing Duty Investigation Final Determination with the Antidumping Duty Investigation Final Determination,'' dated June 29, 2018. --------------------------------------------------------------------------- Preliminary Determination We preliminarily determine that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ Newtrend Food Ingredient (Thailand) Co., Ltd................ 0.00 ------------------------------------------------------------------------ Consistent with section 703(d) of the Act, Commerce has not calculated an estimated weighted-average subsidy rate for all other producers/exporters because it has not made an affirmative preliminary determination. Suspension of Liquidation Because Commerce preliminarily determines that no countervailable subsidies are being provided to the production or exportation of subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation of any such entries. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination within five days of the public announcement of, or, where there is no public announcement, within five days of the date of publication of, the notice of preliminary determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce's negative preliminary determination is based on non-use and/or the finding that certain programs are not countervailable, there are no calculations to disclose with regard to the individually examined company in this investigation.\9\ --------------------------------------------------------------------------- \9\ See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i)(1) of the Act, we intend to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will make its final injury determination 75 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: August 27, 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 I--Scope of the Investigation The merchandise covered by this investigation 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 investigation 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 this investigation is dispositive. Appendix II--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Preliminary Negative Determination of Critical Circumstances V. Subsidies Valuation VI. Analysis of Programs VII. Conclusion [FR Doc. 2018-19098 Filed 8-31-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44861
address, and telephone number, the III. Injury Test Decision Memorandum.3 A list of topics
number of participants, whether any IV. Subsidies Valuation discussed in the Preliminary Decision
participant is a foreign national, and a V. Loan Benchmark and Interest Rates Memorandum is included as Appendix
VI. Analysis of Programs
list of the issues to be discussed. If a II to this notice. The Preliminary
VII. Conclusion
request for a hearing is made, Commerce Decision Memorandum is a public
intends to hold the hearing at the U.S. [FR Doc. 2018–19096 Filed 8–31–18; 8:45 am] document and is on file electronically
Department of Commerce, 1401 BILLING CODE 3510–DS–P via Enforcement and Compliance’s
Constitution Avenue NW, Washington, Antidumping and Countervailing Duty
DC 20230, at a time and date to be Centralized Electronic Service System
determined. Parties should confirm by DEPARTMENT OF COMMERCE (ACCESS). ACCESS is available to
telephone the date, time, and location of International Trade Administration registered users at http://
the hearing two days before the access.trade.gov, and is available to all
scheduled date. [C–549–838] parties in the Central Records Unit,
Room B8024 of the main Department of
International Trade Commission Glycine From Thailand: Preliminary Commerce building. In addition, a
Notification Negative Countervailing Duty complete version of the Preliminary
In accordance with section 703(f) of Determination, Preliminary Negative Decision Memorandum can be accessed
the Act, we will notify the International Critical Circumstances Determination, directly at http://enforcement.trade.gov/
Trade Commission (ITC) of its and Alignment of Final Determination frn/. The signed and electronic versions
determination. If the final determination With Final Antidumping Duty of the Preliminary Decision
is affirmative, the ITC will determine Determination Memorandum are identical in content.
before the later of 120 days after the date
of this preliminary determination or 45 AGENCY: Enforcement and Compliance, Scope of the Investigation
days after the final determination. International Trade Administration, The product covered by this
Department of Commerce. investigation is glycine from Thailand.
Notification to Interested Parties SUMMARY: The Department of Commerce For a complete description of the scope
This determination is issued and (Commerce) preliminarily determines of this investigation, see Appendix I.
published pursuant to sections 703(f) that countervailable subsidies are not
and 777(i) of the Act and 19 CFR being provided to producers and Scope Comments
351.205(c). exporters of glycine from Thailand. The In accordance with the preamble to
Dated: August 27, 2018. period of investigation is January 1, Commerce’s regulations,4 the Initiation
Gary Taverman, 2017, through December 31, 2017. Notice set aside a period of time for
Deputy Assistant Secretary for Antidumping Interested parties are invited to parties to raise issues regarding product
and Countervailing Duty Operations, comment on this preliminary coverage (i.e., scope).5 Certain interested
performing the non-exclusive functions and determination. parties commented on the scope of the
duties of the Assistant Secretary for DATES: Applicable September 4, 2018. investigation as it appeared in the
Enforcement and Compliance. Initiation Notice.
FOR FURTHER INFORMATION CONTACT:
Appendix I—Scope of the Investigation For a summary of the product
George Ayache, AD/CVD Operations, coverage comments and rebuttal
The merchandise covered by this Office VIII, Enforcement and responses submitted to the record for
investigation is glycine at any purity level or Compliance, International Trade this preliminary determination and
grade. This includes glycine of all purity Administration, U.S. Department of accompanying discussion and analysis
levels, which covers all forms of crude or Commerce, 1401 Constitution Avenue
technical glycine including, but not limited of all comments timely received, see the
NW, Washington, DC 20230; telephone: Preliminary Scope Decision
to, sodium glycinate, glycine slurry and any (202) 482–2623.
other forms of amino acetic acid or glycine. Memorandum.6 Commerce is not
Subject merchandise also includes glycine SUPPLEMENTARY INFORMATION: preliminarily modifying the scope
and precursors of dried crystalline glycine language as it appeared in the Initiation
that are processed in a third country,
Background
Notice. See scope in Appendix I.
including, but not limited to, refining or any This preliminary determination is
other processing that would not otherwise made in accordance with section 703(b) Methodology
remove the merchandise from the scope of of the Tariff Act of 1930, as amended
the investigation if performed in the country Commerce is conducting this
of manufacture of the in-scope glycine or
(the Act). Commerce published the investigation in accordance with section
precursors of dried crystalline glycine. notice of initiation of this investigation 701 of the Act. For each of the subsidy
Glycine has the Chemical Abstracts Service on April 25, 2018.1 On June 7, 2018, in programs at issue in this investigation,
(CAS) registry number of 56–40–6. Glycine accordance with section 703(c)(1)(A) of Commerce examined whether there is a
and glycine slurry are classified under the Act, Commerce postponed the subsidy, i.e., a financial contribution by
Harmonized Tariff Schedule of the United preliminary determination of this
States (HTSUS) subheading 2922.49.4300. investigation to August 27, 2018.2 For a 3 See Memorandum, ‘‘Preliminary Negative
Sodium glycinate is classified in the HTSUS
complete description of the events that Determination of the Countervailing Duty
under 2922.49.8000. While the HTSUS Investigation of Glycine from Thailand,’’ dated
subheadings and CAS registry number are followed the initiation of this
concurrently with, and hereby adopted by, this
provided for convenience and customs investigation, see the Preliminary notice (Preliminary Decision Memorandum).
sradovich on DSK3GMQ082PROD with NOTICES
purposes, the written description of the 4 See Antidumping Duties; Countervailing Duties,
scope of this investigation is dispositive. 1 See Glycine from India, the People’s Republic of Final Rule, 62 FR 27296, 27323 (May 19, 1997).
China, and Thailand: Initiation of Countervailing 5 See Initiation Notice.
Appendix II—List of Topics Discussed Duty Investigations, 83 FR 18002 (April 25, 2018) 6 See Memorandum, ‘‘Glycine from India, Japan,
in the Preliminary Decision (Initiation Notice). the People’s Republic of China and Thailand: Scope
Memorandum 2 See Glycine from India, the People’s Republic of Comments Decision Memorandum for the
China, and Thailand: Postponement of Preliminary Preliminary Determinations,’’ dated concurrently
I. Summary Determinations of Countervailing Duty with this notice (Preliminary Scope Decision
II. Background Investigations, 83 FR 26415 (June 7, 2018). Memorandum).
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![44862 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices
an ‘‘authority’’ that gives rise to a Disclosure the hearing two days before the
benefit to the recipient, and whether the scheduled date.
Normally, Commerce discloses to
subsidy is specific.7 interested parties the calculations International Trade Commission
Preliminary Negative Determination of performed in connection with a Notification
Critical Circumstances preliminary determination within five
days of the public announcement of, or, In accordance with section 703(f) of
In accordance with section 703(e)(1) the Act, we will notify the International
where there is no public announcement,
of the Act, we preliminary determine Trade Commission (ITC) of its
within five days of the date of
that critical circumstances do not exist determination. If the final determination
publication of, the notice of preliminary
with respect to imports of glycine from is affirmative, the ITC will make its final
determination in the Federal Register,
Thailand. For a full description of the injury determination 75 days after the
in accordance with 19 CFR 351.224(b).
methodology and results of Commerce’s final determination.
However, because Commerce’s negative
analysis, see the Preliminary Decision
preliminary determination is based on Notification to Interested Parties
Memorandum.
non-use and/or the finding that certain
Alignment programs are not countervailable, there This determination is issued and
In accordance with section 705(a)(1) are no calculations to disclose with published pursuant to sections 703(f)
of the Act and 19 CFR 351.210(b)(4), regard to the individually examined and 777(i) of the Act and 19 CFR
Commerce is aligning the final company in this investigation.9 351.205(c).
countervailing duty (CVD) Verification Dated: August 27, 2018.
determination in this investigation with Gary Taverman,
the final determination in the As provided in section 782(i)(1) of the
Act, we intend to verify the information Deputy Assistant Secretary, for Antidumping
companion antidumping duty (AD) and Countervailing Duty Operations,
investigation of glycine from Thailand relied upon in making its final
determination. performing the non-exclusive functions and
based on a request made by GEO duties of the Assistant Secretary for
Specialty Chemicals, Inc. and Chattem Public Comment Enforcement and Compliance.
Chemicals, Inc. (the petitioners).8
Consequently, the final CVD Case briefs or other written comments Appendix I—Scope of the Investigation
determination will be issued on the may be submitted to the Assistant
The merchandise covered by this
same date as the final AD Secretary for Enforcement and
investigation is glycine at any purity level or
determination, which is currently Compliance no later than seven days grade. This includes glycine of all purity
scheduled to be issued no later than after the date on which the last levels, which covers all forms of crude or
January 7, 2019, unless postponed. verification report is issued in this technical glycine including but not limited to
investigation. Rebuttal briefs, limited to sodium glycinate, glycine slurry and any
Preliminary Determination issues raised in case briefs, may be other forms of amino acetic acid or glycine.
We preliminarily determine that the submitted no later than five days after Subject merchandise also includes glycine
following estimated countervailable the deadline date for case briefs.10 and precursors of dried crystalline glycine
subsidy rates exist: Pursuant to 19 CFR 351.309(c)(2) and that are processed in a third country,
(d)(2), parties who submit case briefs or including, but not limited to, refining or any
Subsidy rebuttal briefs in this investigation are other processing that would not otherwise
Company rate encouraged to submit with each remove the merchandise from the scope of
(percent) argument: (1) A statement of the issue; the investigation if performed in the country
(2) a brief summary of the argument; of manufacture of the in-scope glycine or
Newtrend Food Ingredient (Thai- precursors of dried crystalline glycine.
and (3) a table of authorities.
land) Co., Ltd .......................... 0.00
Pursuant to 19 CFR 351.310(c), Glycine has the Chemical Abstracts Service
interested parties who wish to request a (CAS) registry number of 56–40–6. Glycine
Consistent with section 703(d) of the and glycine slurry are classified under
Act, Commerce has not calculated an hearing, limited to issues raised in the
case and rebuttal briefs, must submit a Harmonized Tariff Schedule of the United
estimated weighted-average subsidy rate States (HTSUS) subheading 2922.49.4300.
for all other producers/exporters written request to the Assistant
Secretary for Enforcement and Sodium glycinate is classified in the HTSUS
because it has not made an affirmative under 2922.49.8000. While the HTSUS
preliminary determination. Compliance, U.S. Department of
subheadings and CAS registry number are
Commerce within 30 days after the date
Suspension of Liquidation provided for convenience and customs
of publication of this notice. Requests
purposes, the written description of the
Because Commerce preliminarily should contain the party’s name, scope of this investigation is dispositive.
determines that no countervailable address, and telephone number, the
subsidies are being provided to the number of participants, whether any Appendix II—List of Topics Discussed
production or exportation of subject participant is a foreign national, and a in the Preliminary Decision
merchandise, Commerce will not direct list of the issues to be discussed. If a Memorandum
U.S. Customs and Border Protection to request for a hearing is made, Commerce
intends to hold the hearing at the U.S. I. Summary
suspend liquidation of any such entries.
Department of Commerce, 1401 II. Background
III. Injury Test
sradovich on DSK3GMQ082PROD with NOTICES
7 See sections 771(5)(B) and (D) of the Act Constitution Avenue NW, Washington,
DC 20230, at a time and date to be IV. Preliminary Negative Determination of
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of determined. Parties should confirm by Critical Circumstances
the Act regarding specificity. V. Subsidies Valuation
telephone the date, time, and location of
8 See Petitioners’ letter, ‘‘Glycine from Thailand: VI. Analysis of Programs
Request to Align the Countervailing Duty VII. Conclusion
9 See Preliminary Decision Memorandum.
Investigation Final Determination with the
Antidumping Duty Investigation Final 10 See 19 CFR 351.309; see also 19 CFR 351.303 [FR Doc. 2018–19098 Filed 8–31–18; 8:45 am]
Determination,’’ dated June 29, 2018. (for general filing requirements). BILLING CODE 3510–DS–P
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Document Created: 2018-09-01 02:59:44
Document Modified: 2018-09-01 02:59:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable September 4, 2018. | |
| Contact | George Ayache, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2623. | |
| FR Citation | 83 FR 44861 |
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