83 FR 49361 - Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 190 (October 1, 2018)

On September 7, 2018, the Court of International Trade (CIT or Court) sustained the final results of remand redetermination pertaining to the administrative review of the antidumping duty order on glycine from the People's Republic of China (China), covering the period of March 1, 2013, through February 28, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce's final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to the China-wide entity.

[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49361-49362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21246]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of the Antidumping Duty 
Administrative Review and Notice of Amended Final Results; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 7, 2018, the Court of International Trade (CIT or 
Court) sustained the final results of remand redetermination pertaining 
to the administrative review of the antidumping duty order on glycine 
from the People's Republic of China (China), covering the period of 
March 1, 2013, through February 28, 2014. The Department of Commerce 
(Commerce) is notifying the public that the final judgment in this case 
is not in harmony with Commerce's final results of the administrative 
review and that Commerce is amending the final results with respect to 
the dumping margin assigned to the China-wide entity.

DATES: Applicable September 17, 2018.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, 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) 482-3931 or (202) 482-7924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In the underlying 2013/2014 administrative review, Commerce 
rescinded its review with respect to Evonik Rexim (Nanning) 
Pharmaceutical Co., Ltd., (Evonik), finding Evonik's sales of subject 
merchandise to be not bona fide.\1\ Accordingly, Commerce determined 
that Evonik's entries during the period of review would be subject to 
the rate for the China-wide entity in effect at the time of entry, 
which at that point in time was 453.79 percent.\2\ This rate was 
established as the China-wide rate in Final Results 12-13.\3\ The rate 
of 453.79 percent was originally calculated in Final Results 10-11 for 
respondent Baoding Mantong Fine Chemistry Co., Ltd. (Baoding 
Mantong).\4\ Baoding Mantong challenged that rate in Baoding Mantong 
Fine Chemistry Co., Ltd. v. United States, Consol. Ct. No. 12-00362. In 
that separate proceeding, this Court twice remanded the calculation of 
the rate to Commerce, sustaining Commerce's second remand 
redetermination, which reduced Baoding Mantong's calculated margin to 
0.00 percent for the Final Results 10-11.\5\
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    \1\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 
FR 62,027 (October 15, 2015) (Final Results 13-14) and accompanying 
Issues and Decision Memorandum (Issues and Decision Memorandum) at 
Comment 5.
    \2\ See Final Results 13-14 at 62,028.
    \3\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
64,746, 64,748 (October 31, 2014) (Final Results 12-13).
    \4\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 77 FR 64,100, 
64,101 (October 18, 2012) (Final Results 10-11).
    \5\ See Baoding Mantong Fine Chemistry Co. Ltd., Slip. Op. 17-
169, 279 F. Supp. 3d 1321 (Ct. Int'l Trade Dec. 20, 2017) (Baoding 
Mantong). In an earlier decision, Baoding Mantong Fine Chemistry Co. 
Ltd., 41 CIT ___, 222 F. Supp. 3d. 1231 (Ct. Int'l Trade 2017), the 
Court sustained an initial revision by Commerce of Baoding Mantong's 
rate to 64.97 percent.
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    Because Final Results 10-11 was under judicial review at the 
commencement of its action before the Court, Evonik challenged 
Commerce's application of the rate of 453.79 percent to the China-wide 
entity \6\ in its action

[[Page 49362]]

on Final Results 13-14. The Court severed and stayed that claim from 
Consol. Ct. No. 15-00296,\7\ pending the disposition of the challenge 
in Baoding Mantong.
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    \6\ See Issues and Decision Memorandum at Comment 6.
    \7\ See Consol. Ct. No. 15-296 ECF Docket No. 70, and Ct. No. 
17-132, ECF Docket No. 1.
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    In light of the final judgment issued in Baoding Mantong, the Court 
granted Commerce's motion for a voluntary remand to reevaluate its 
application of the China-wide entity rate to Evonik in Final Results 
13-14. In the Final Results of Redetermination, Commerce selected as 
the China-wide rate for the 2013/2014 review the China-wide rate 
stemming from the underlying less-than-fair-value investigation.\8\ 
This rate, set at 155.89 percent, had been in effect prior to the 
China-wide rate being set at 453.79 percent in Final Results 12-13. On 
September 7, 2018, the Court sustained the Final Results of 
Redetermination.\9\
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    \8\ See ``Final Results of Redetermination Pursuant to Court 
Remand,'' dated June 5, 2018 (Final Results of Redetermination). See 
also ``Antidumping Duty Order: Glycine from the People's Republic of 
China,'' 60 FR 16,116, (March 29, 1995).
    \9\ See Pharm-Rx Chemical Corporation v. United States, Court 
No. 17-00268, Slip Op. 18-113 (CIT September 7, 2018).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's September 7, 2018, final judgment sustaining the Final Results of 
Redetermination constitutes a final decision of the Court that is not 
in harmony with Final Results 13-14. This notice is published in 
fulfillment of the Timken publication requirements. Accordingly, 
Commerce will continue the suspension of liquidation of the subject 
merchandise pending a final and conclusive court decision.
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    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results of Review

    Because there is now a final court decision, Commerce is amending 
Final Results 13-14 with respect to the China-wide rate previously 
assigned to the exporter. Based on the Final Results of 
Redetermination, as sustained by the CIT, the revised China-wide rate, 
for the period March 1, 2013, through February 28, 2014, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producer or exporter                        margin
                                                            (percent)
------------------------------------------------------------------------
China-wide Entity......................................          155.89
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    In the event the Court's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, Commerce will instruct 
the U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on unliquidated entries of subject merchandise with respect to 
Evonik.

Cash Deposit Requirements

    As the China-wide entity's cash deposit rate has not been subject 
to subsequent administrative reviews, Commerce will issue revised cash 
deposit instructions to CBP adjusting the rate for the China-wide 
entity to 155.89 percent, effective September 17, 2018.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: September 25, 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.
[FR Doc. 2018-21246 Filed 9-28-18; 8:45 am]
 BILLING CODE 3510-DS-P