83 FR 54717 - Glycine From Thailand: Preliminary Determination of Sales at Not Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 211 (October 31, 2018)

The Department of Commerce (Commerce) preliminarily determines that glycine from Thailand is not being, or is not likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54717-54718]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23719]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-837]


Glycine From Thailand: Preliminary Determination of Sales at Not 
Less Than Fair Value, Preliminary Negative Determination of Critical 
Circumstances, Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that glycine from Thailand is not being, or is not likely to be, sold 
in the United States at less than fair value (LTFV) for the period of 
investigation (POI) January 1, 2017, through December 31, 2017. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable October 31, 2018.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Jesus Saenz, 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) 482-1766 or (202) 
482-8184, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(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 August 21, 2018, Commerce postponed the preliminary 
determination of this investigation to October 24, 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 included 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 
https://access.trade.gov, and it 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 the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \1\ See Glycine from India, Japan, and Thailand: Initiation of 
Less-Than-Fair-Value Investigations, 83 FR 17995 (April 25, 2018) 
(Initiation Notice).
    \2\ See Glycine from India, Japan, and Thailand: Postponement of 
Preliminary Determinations of Antidumping Duty Investigations, 83 FR 
42259 (August 21, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Glycine 
from Thailand'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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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. 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.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Glycine from India, Japan, the People's 
Republic of China and Thailand: Scope Comments Decision Memorandum 
for the Preliminary Determinations'' (Preliminary Scope Decision 
Memorandum), dated August 27, 2018.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Constructed export price was calculated in 
accordance with section 772(b) of the Act. Normal value was calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, we 
preliminarily determine that critical circumstances do not exist with 
regard to imports of glycine from Thailand. For a full discussion, see 
the Preliminary Decision Memorandum.

Preliminary Determination

    For this preliminary determination, Commerce calculated a zero 
estimated weighted-average dumping margin for Newtrend Food Ingredient 
(Thailand) Co., Ltd. (Newtrend), the only mandatory respondent in this 
investigation.

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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Newtrend Food Ingredient (Thailand) Co., Ltd...............        0.00
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    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all-other 
producers and exporters because it has not made an affirmative 
preliminary determination of sales at LTFV.

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, U.S. Customs and 
Border Protection will not be directed to suspend liquidation on 
entries of glycine from Thailand.

Disclosure

    Commerce intends to disclose its calculations and analysis to 
interested parties in this preliminary determination within five days 
of any

[[Page 54718]]

public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends 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, unless otherwise indicated. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\7\ 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.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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.

Postponement of Final Determination for Negative Preliminary 
Determination

    Section 735(a)(2)(B) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioners.\8\ On September 14, 2018, the petitioners 
requested that Commerce postpone the final determination.\9\ In 
accordance with section 735(a)(2)(B) of the Act, because the 
preliminary determination is negative, and the petitioners have 
requested the postponement of the final determination, Commerce is 
postponing the final determination. Accordingly, Commerce will make its 
final determination by no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.
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    \8\ The petitioners are GEO Specialty Chemicals, Inc. and 
Chattem Chemicals, Inc.
    \9\ See Letter from the petitioners, ``Glycine from Thailand, 
Japan, and India: Request to Extend the Final Determinations in 
Glycine from Thailand, Japan and India,'' dated September 14, 2018.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine 75 days after the final determination whether these imports 
are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 24, 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 this 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 2922.49.43.00. Sodium glycinate is classified in 
the HTSUS under 2922.49.80.00. 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. Period of Investigation
IV. Postponement of Final Determination
V. Scope Comments
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
    A. Particular Market Situation
    B. Home Market Viability
    C. Level of Trade
    D. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Preliminary Negative Determination of Critical Circumstances
XIII. Conclusion

[FR Doc. 2018-23719 Filed 10-30-18; 8:45 am]
 BILLING CODE 3510-DS-P