83 FR 44863 - Glycine From the People's Republic of China: Preliminary Affirmative Countervailing 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 | 44863-44864 | |
| FR Document | 2018-19097 |
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)] [Notices] [Pages 44863-44864] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19097] [[Page 44863]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-081] Glycine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of glycine from the People's Republic of China (China) for the period of investigation 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: Yasmin Bordas or Tyler Weinhold, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3813 or (202) 482-1121, respectively. 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, ``Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty Investigation of Glycine from the People's Republic of China,'' 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 China. 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 at 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 August 27, 2018. (Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\7\ Commerce notes that, in making these findings, we relied in total on facts available and, because we find that the mandatory respondents did not act to the best of their ability to respond to Commerce's requests for information, we drew an adverse inference in selecting from among the facts otherwise available.\8\ For further information, see ``Use of Facts Otherwise Available and Adverse Inferences'' in the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \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. \8\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- All-Others Rate Sections 703(d)(1)(A) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual estimated countervailable subsidy rates established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated subsidy rate for all-other producers or exporters. In this investigation, we preliminarily determined the individually estimated subsidy rate for each of the individually examined respondents based entirely on facts available under section 776 of the Act. There is no other information on the record with which to determine an all-others rate. Consequently, pursuant to section 705(c)(5)(A)(ii) of the Act, we have established the all-others rate by applying the countervailable subsidy rate assigned to the mandatory respondents. For a full description of the methodology underlying Commerce's analysis, see the Preliminary Decision Memorandum. Preliminary Determination We preliminarily determine that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ JC Chemicals Limited........................................ 144.01 Simagchem Corp.............................................. 144.01 All-Others.................................................. 144.01 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend [[Page 44864]] liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice, in accordance with 19 CFR 351.224(b). Verification Because the examined respondents in this investigation did not provide information requested by Commerce and we preliminarily determine each of the examined respondents to have been uncooperative, we will not conduct verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 25 days after the date of publication of the preliminary determination. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ 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. --------------------------------------------------------------------------- \9\ 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 determine before the later of 120 days after the date of this preliminary determination or 45 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. Use of Facts Otherwise Available and Adverse Inferences V. Analysis of Programs VI. Calculation of the All-Others Rate VII. Conclusion [FR Doc. 2018-19097 Filed 8-31-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44863
DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty we drew an adverse inference in
Centralized Electronic Service System selecting from among the facts
International Trade Administration (ACCESS). ACCESS is available to otherwise available.8 For further
[C–570–081] registered users at http:// information, see ‘‘Use of Facts
access.trade.gov and is available to all Otherwise Available and Adverse
Glycine From the People’s Republic of parties in the Central Records Unit, Inferences’’ in the Preliminary Decision
China: Preliminary Affirmative room B8024 of the main Department of Memorandum.
Countervailing Duty Determination Commerce building. In addition, a
complete version of the Preliminary All-Others Rate
AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed Sections 703(d)(1)(A) and 705(c)(5)(A)
International Trade Administration, directly at http://enforcement.trade.gov/ of the Act provide that, in the
Department of Commerce. frn/. The signed and electronic versions preliminary determination, Commerce
SUMMARY: The Department of Commerce of the Preliminary Decision shall determine an estimated all-others
(Commerce) preliminarily determines Memorandum are identical in content. rate for companies not individually
that countervailable subsidies are being examined. This rate shall be an amount
Scope of the Investigation
provided to producers and exporters of equal to the weighted average of the
glycine from the People’s Republic of The product covered by this estimated subsidy rates established for
China (China) for the period of investigation is glycine from China. For those companies individually
investigation January 1, 2017, through a complete description of the scope of examined, excluding any zero and de
December 31, 2017. Interested parties this investigation, see Appendix I. minimis rates and any rates based
are invited to comment on this Scope Comments entirely under section 776 of the Act.
preliminary determination. Pursuant to section 705(c)(5)(A)(ii) of
In accordance with the preamble to the Act, if the individual estimated
DATES: Applicable September 4, 2018. Commerce’s regulations,4 the Initiation countervailable subsidy rates
FOR FURTHER INFORMATION CONTACT: Notice set aside a period of time for established for all exporters and
Yasmin Bordas or Tyler Weinhold, AD/ parties to raise issues regarding product producers individually examined are
CVD Operations, Office VI, Enforcement coverage, (i.e., scope).5 Certain zero, de minimis, or determined based
and Compliance, International Trade interested parties commented on the entirely on facts otherwise available,
Administration, U.S. Department of scope of the investigation as it appeared Commerce may use any reasonable
Commerce, 1401 Constitution Avenue in the Initiation Notice. method to establish the estimated
NW, Washington, DC 20230; telephone: For a summary of the product
subsidy rate for all-other producers or
(202) 482–3813 or (202) 482–1121, coverage comments and rebuttal
exporters. In this investigation, we
respectively. responses submitted to the record for
preliminarily determined the
SUPPLEMENTARY INFORMATION:
this preliminary determination and
individually estimated subsidy rate for
accompanying discussion and analysis
Background each of the individually examined
of all comments timely received, see the
respondents based entirely on facts
This preliminary determination is Preliminary Scope Decision
available under section 776 of the Act.
made in accordance with section 703(b) Memorandum.6 Commerce is not
There is no other information on the
of the Tariff Act of 1930, as amended preliminarily modifying the scope
record with which to determine an all-
(the Act). Commerce published the language as it appeared in the Initiation
others rate. Consequently, pursuant to
notice of initiation of this investigation Notice. See scope at Appendix I.
section 705(c)(5)(A)(ii) of the Act, we
on April 25, 2018.1 On June 7, 2018, in Methodology have established the all-others rate by
accordance with section 703(c)(1)(A) of applying the countervailable subsidy
Commerce is conducting this
the Act, Commerce postponed the rate assigned to the mandatory
investigation in accordance with section
preliminary determination of this respondents. For a full description of
701 of the Act. For each of the subsidy
investigation to August 27, 2018.2 For a the methodology underlying
programs found countervailable,
complete description of the events that Commerce’s analysis, see the
Commerce preliminarily determines
followed the initiation of this Preliminary Decision Memorandum.
that there is a subsidy, i.e., a financial
investigation, see the Preliminary
contribution by an ‘‘authority’’ that Preliminary Determination
Decision Memorandum.3 A list of topics
gives rise to a benefit to the recipient,
discussed in the Preliminary Decision We preliminarily determine that the
and that the subsidy is specific.7
Memorandum is included as Appendix following estimated countervailable
Commerce notes that, in making these
II to this notice. The Preliminary subsidy rates exist:
findings, we relied in total on facts
Decision Memorandum is a public
available and, because we find that the
document and is on file electronically Subsidy
mandatory respondents did not act to Company rate
via Enforcement and Compliance’s
the best of their ability to respond to (percent)
1 See Glycine from India, the People’s Republic of
Commerce’s requests for information,
JC Chemicals Limited ................. 144.01
China, and Thailand: Initiation of Countervailing
Duty Investigations, 83 FR 18002 (April 25, 2018) 4 See Antidumping Duties; Countervailing Duties, Simagchem Corp ........................ 144.01
(Initiation Notice). Final Rule, 62 FR 27296, 27323 (May 19, 1997). All-Others .................................... 144.01
2 See Glycine from India, the People’s Republic of 5 See Initiation Notice.
sradovich on DSK3GMQ082PROD with NOTICES
China, and Thailand: Postponement of Preliminary 6 See Memorandum, ‘‘Glycine from India, Japan,
Suspension of Liquidation
Determinations of Countervailing Duty the People’s Republic of China and Thailand: Scope
Investigations, 83 FR 26415 (June 7, 2018). Comments Decision Memorandum for the In accordance with section
3 See Memorandum, ‘‘Decision Memorandum for Preliminary Determinations,’’ dated August 27, 703(d)(1)(B) and (d)(2) of the Act,
the Preliminary Affirmative Determination of the 2018. (Preliminary Scope Decision Memorandum). Commerce will direct U.S. Customs and
Countervailing Duty Investigation of Glycine from 7 See sections 771(5)(B) and (D) of the Act
the People’s Republic of China,’’ dated concurrently regarding financial contribution; section 771(5)(E)
Border Protection (CBP) to suspend
with, and hereby adopted by, this notice of the Act regarding benefit; and section 771(5A) of
(Preliminary Decision Memorandum). the Act regarding specificity. 8 See sections 776(a) and (b) of the Act.
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![44864 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices
liquidation of entries of subject DC 20230, at a time and date to be DEPARTMENT OF COMMERCE
merchandise as described in the scope determined. Parties should confirm by
of the investigation section entered, or telephone the date, time, and location of National Institute of Standards and
withdrawn from warehouse, for the hearing two days before the Technology
consumption on or after the date of scheduled date.
publication of this notice in the Federal Post-Disaster Research Methods
International Trade Commission Meeting
Register. Further, pursuant to 19 CFR
Notification
351.205(d), Commerce will instruct CBP AGENCY: National Institute of Standards
to require a cash deposit equal to the In accordance with section 703(f) of and Technology, Department of
rates indicated above. the Act, we will notify the International Commerce.
Trade Commission (ITC) of its
Disclosure ACTION: Notice of open meeting.
determination. If the final determination
Commerce intends to disclose its is affirmative, the ITC will determine SUMMARY: The National Institute of
calculations and analysis performed to before the later of 120 days after the date Standards and Technology (NIST) and
interested parties in this preliminary of this preliminary determination or 45 the National Center for Disaster
determination within five days of its days after the final determination. Medicine and Public Health (NCDMPH)
public announcement, or if there is no will hold an open meeting on Thursday,
Notification to Interested Parties
public announcement, within five days September 6, 2018 from 8:30 a.m. to
of the date of this notice, in accordance This determination is issued and 5:00 p.m. Eastern Time and on Friday,
with 19 CFR 351.224(b). published pursuant to sections 703(f) September 7, 2018 from 8:30 a.m. to
and 777(i) of the Act and 19 CFR 12:00 p.m. Eastern Time. The primary
Verification 351.205(c). purpose of this meeting is to discuss the
Because the examined respondents in Dated: August 27, 2018. state-of-the-practice in post-disaster
this investigation did not provide Gary Taverman, field data collection methods, including
information requested by Commerce Deputy Assistant Secretary for Antidumping sampling methodologies across multiple
and we preliminarily determine each of and Countervailing Duty Operations, disciplines. The agenda will be posted
the examined respondents to have been performing the non-exclusive functions and on the NIST website at https://
uncooperative, we will not conduct duties of the Assistant Secretary for www.nist.gov/topics/disaster-failure-
verification. Enforcement and Compliance. studies/national-construction-safety-
Public Comment team-ncst/hurricane-maria-ncst.
Appendix I—Scope of the Investigation
DATES: The meeting will be held on
Case briefs or other written comments The merchandise covered by this Thursday, September 6, 2018 from 8:30
may be submitted to the Assistant investigation is glycine at any purity level or a.m. to 5:00 p.m. Eastern Time and on
Secretary for Enforcement and grade. This includes glycine of all purity
levels, which covers all forms of crude or Friday, September 7, 2018 from 8:30
Compliance no later than 25 days after a.m. to 12:00 p.m. Eastern Time.
the date of publication of the technical glycine including but not limited to
sodium glycinate, glycine slurry and any ADDRESSES: The meeting will be held in
preliminary determination. Rebuttal other forms of amino acetic acid or glycine. person and via teleconference at the
briefs, limited to issues raised in case Subject merchandise also includes glycine Henry M. Jackson Foundation
briefs, may be submitted no later than and precursors of dried crystalline glycine Headquarters, 6720A Rockledge Drive,
five days after the deadline date for case that are processed in a third country, Bethesda, Maryland 20817. For
briefs.9 Pursuant to 19 CFR including, but not limited to, refining or any
other processing that would not otherwise instructions on how to participate in the
351.309(c)(2) and (d)(2), parties who meeting, please see the SUPPLEMENTARY
submit case briefs or rebuttal briefs in remove the merchandise from the scope of
the investigation if performed in the country INFORMATION section of this notice.
this investigation are encouraged to
of manufacture of the in-scope glycine or FOR FURTHER INFORMATION CONTACT:
submit with each argument: (1) A precursors of dried crystalline glycine.
statement of the issue; (2) a brief Melissa Banner, Administrative Office
Glycine has the Chemical Abstracts Service Assistant, Community Resilience
summary of the argument; and (3) a (CAS) registry number of 56–40–6. Glycine
table of authorities. Program, Engineering Laboratory, NIST,
and glycine slurry are classified under
Pursuant to 19 CFR 351.310(c), Harmonized Tariff Schedule of the United 100 Bureau Drive, Mail Stop 8615,
interested parties who wish to request a States (HTSUS) subheading 2922.49.4300. Gaithersburg, Maryland 20899–8604.
hearing, limited to issues raised in the Sodium glycinate is classified in the HTSUS Ms. Banner’s email address is
case and rebuttal briefs, must submit a under 2922.49.8000. While the HTSUS Melissa.Banner@nist.gov; and her phone
written request to the Assistant subheadings and CAS registry number are number is (301) 975–8912.
provided for convenience and customs SUPPLEMENTARY INFORMATION: The
Secretary for Enforcement and purposes, the written description of the
Compliance, U.S. Department of National Institute of Standards and
scope of this investigation is dispositive.
Commerce, within 30 days after the date Technology (NIST) and the National
of publication of this notice. Requests Appendix II—List of Topics Discussed Center for Disaster Medicine and Public
should contain the party’s name, in the Preliminary Decision Health (NCDMPH) will hold an open
address, and telephone number, the Memorandum meeting on Thursday, September 6,
number of participants, whether any I. Summary
2018 from 8:30 a.m. to 5:00 p.m. Eastern
participant is a foreign national, and a II. Background Time and on Friday, September 7, 2018
from 8:30 a.m. to 12:00 p.m. Eastern
sradovich on DSK3GMQ082PROD with NOTICES
list of the issues to be discussed. If a III. Injury Test
request for a hearing is made, Commerce IV. Use of Facts Otherwise Available and Time. The primary purpose of this
intends to hold the hearing at the U.S. Adverse Inferences meeting is to discuss the state-of-the-
Department of Commerce, 1401 V. Analysis of Programs practice in post-disaster field data
VI. Calculation of the All-Others Rate collection methods including sampling
Constitution Avenue NW, Washington,
VII. Conclusion methodologies across multiple
9 See 19 CFR 351.309; see also 19 CFR 351.303 [FR Doc. 2018–19097 Filed 8–31–18; 8:45 am] disciplines. The agenda will be posted
(for general filing requirements). BILLING CODE 3510–DS–P on the NIST website at https://
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Document Created: 2018-09-01 02:59:34
Document Modified: 2018-09-01 02:59:34
| 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 | Yasmin Bordas or Tyler Weinhold, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3813 or (202) 482-1121, respectively. | |
| FR Citation | 83 FR 44863 |
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