83_FR_54929 83 FR 54718 - Glycine From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

83 FR 54718 - Glycine From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range54718-54720
FR Document2018-23720

The Department of Commerce (Commerce) preliminarily determines that glycine from Japan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54718-54720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23720]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-878]


Glycine From Japan: Preliminary Determination of Sales at Less 
Than Fair Value and 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 Japan is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation (POI) is 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: Madeline Heeren or John McGowan, 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) 482-9179 or (202) 
482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

[[Page 54719]]

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 and the revised deadline is now 
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 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.
---------------------------------------------------------------------------

    \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 Japan'' 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 Japan. 
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, 83 FR at 17996.
    \6\ See Memorandum, ``Glycine from India, Japan, the People's 
Republic of China and Thailand: Scope Comments Decision Memorandum 
for the Preliminary Determination,'' dated August 27, 2018 
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Export price was calculated in accordance with 
section 772(a) of the Act. Normal value (NV) was calculated in 
accordance with section 773 of the Act for Yuki Gosei Kogyo Co., Ltd. 
(Yuki Gosei). Furthermore, pursuant to section 776(a) and (b) of the 
Act, Commerce has preliminarily relied upon facts otherwise available, 
with adverse inferences for Showa Denko K.K. (Showa Denko). For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce preliminarily assigned a rate based 
entirely on adverse facts available to Showa Denko. We did not 
calculate a company-specific rate for Nagase & Co., Ltd. (Nagase).\7\ 
The cash deposit rate requirements for Nagase will be determined 
consistent with the Suspension of Liquidation section of this notice. 
Therefore, the only rate that is not zero, de minimis or based entirely 
on facts otherwise available is the rate calculated for Yuki Gosei. 
Consequently, the rate calculated for Yuki Gosei is also assigned as 
the rate for all-other producers and exporters.
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum at 4-5, and 13-14.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Yuki Gosei Kogyo Co., Ltd \8\...............................       53.66
Showa Denko K.K.............................................       86.22
All-Others..................................................       53.66
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Preliminary Determination Margin 
Calculation for Yuki Gosei Kogyo Co., Ltd.'' dated concurrently with 
this memorandum.
---------------------------------------------------------------------------

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

Disclosure

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

[[Page 54720]]

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.\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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) 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 an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On September 18, 2018, pursuant to 19 CFR 351.210(e), Yuki Gosei 
and Nagase requested that Commerce postpone the final determination and 
that provisional measures be extended to a period not to exceed six 
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
---------------------------------------------------------------------------

    \10\ See Letter from Yuki Gosei and Nagase, ``Glycine from 
Japan: Request to Postpone the Due Date for the Final 
Determination,'' dated September 18, 2018.
---------------------------------------------------------------------------

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 before the later of 120 days after the date of this 
preliminary determination or 45 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 and Extension of Provisional 
Measures
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. All-Others Rate
VIII. Discussion of the Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price
XII. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Conclusion

[FR Doc. 2018-23720 Filed 10-30-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              54718                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                              public announcement or, if there is no                  petitioners requested that Commerce                   provided for convenience and customs
                                              public announcement, within five days                   postpone the final determination.9 In                 purposes, the written description of the
                                              of the date of publication of this notice               accordance with section 735(a)(2)(B) of               scope of this investigation is dispositive.
                                              in accordance with 19 CFR 351.224(b).                   the Act, because the preliminary                      Appendix II
                                                                                                      determination is negative, and the
                                              Verification                                                                                                  List of Topics Discussed in the Preliminary
                                                                                                      petitioners have requested the
                                                 As provided in section 782(i)(1) of the                                                                    Decision Memorandum
                                                                                                      postponement of the final
                                              Act, Commerce intends to verify the                     determination, Commerce is postponing                 I. Summary
                                              information relied upon in making its                   the final determination. Accordingly,                 II. Background
                                              final determination.                                                                                          III. Period of Investigation
                                                                                                      Commerce will make its final                          IV. Postponement of Final Determination
                                              Public Comment                                          determination by no later than 135 days               V. Scope Comments
                                                                                                      after the date of publication of this                 VI. Discussion of the Methodology
                                                 Case briefs or other written comments                preliminary determination, pursuant to                   A. Determination of the Comparison
                                              may be submitted to the Assistant                       section 735(a)(2) of the Act.                               Method
                                              Secretary for Enforcement and                                                                                    B. Results of the Differential Pricing
                                              Compliance no later than seven days                     International Trade Commission                              Analysis
                                              after the date on which the last                        Notification                                          VII. Date of Sale
                                              verification report is issued in this                      In accordance with section 733(f) of               VIII. Product Comparisons
                                              investigation, unless otherwise                         the Act, Commerce will notify the                     IX. Constructed Export Price
                                              indicated. Rebuttal briefs, limited to                                                                        X. Normal Value
                                                                                                      International Trade Commission (ITC) of
                                              issues raised in case briefs, may be                                                                             A. Particular Market Situation
                                                                                                      its preliminary determination. If the                    B. Home Market Viability
                                              submitted no later than five days after                 final determination is affirmative, the                  C. Level of Trade
                                              the deadline date for case briefs.7                     ITC will determine 75 days after the                     D. Cost of Production (COP) Analysis
                                              Pursuant to 19 CFR 351.309(c)(2) and                    final determination whether these                        1. Calculation of COP
                                              (d)(2), parties who submit case briefs or               imports are materially injuring, or                      2. Test of Comparison Market Sales Prices
                                              rebuttal briefs in this investigation are               threaten material injury to, the U.S.                    3. Results of the COP Test
                                              encouraged to submit with each                          industry.                                                E. Calculation of NV Based on Comparison
                                              argument: (1) A statement of the issue;                                                                             Market Prices
                                              (2) a brief summary of the argument;                    Notification to Interested Parties                    XI. Currency Conversion
                                              and (3) a table of authorities.                           This determination is issued and                    XII. Preliminary Negative Determination of
                                                 Pursuant to 19 CFR 351.310(c),                                                                                   Critical Circumstances
                                                                                                      published in accordance with sections
                                              interested parties who wish to request a                                                                      XIII. Conclusion
                                                                                                      733(f) and 777(i)(1) of the Act and 19
                                              hearing, limited to issues raised in the                CFR 351.205(c).                                       [FR Doc. 2018–23719 Filed 10–30–18; 8:45 am]
                                              case and rebuttal briefs, must submit a                                                                       BILLING CODE 3510–DS–P
                                                                                                        Dated: October 24, 2018.
                                              written request to the Assistant
                                              Secretary for Enforcement and                           Gary Taverman,
                                              Compliance, U.S. Department of                          Deputy Assistant Secretary for Antidumping            DEPARTMENT OF COMMERCE
                                              Commerce, within 30 days after the date                 and Countervailing Duty Operations,
                                                                                                      performing the non-exclusive functions and            International Trade Administration
                                              of publication of this notice. Requests
                                                                                                      duties of the Assistant Secretary for
                                              should contain the party’s name,                        Enforcement and Compliance.                           [A–588–878]
                                              address, and telephone number, the
                                              number of participants, whether any                     Appendix I                                            Glycine From Japan: Preliminary
                                              participant is a foreign national, and a                Scope of the Investigation                            Determination of Sales at Less Than
                                              list of the issues to be discussed. If a                                                                      Fair Value and Postponement of Final
                                                                                                        The merchandise covered by this
                                              request for a hearing is made, Commerce                 investigation is glycine at any purity level or       Determination
                                              intends to hold the hearing at the U.S.                 grade. This includes glycine of all purity
                                              Department of Commerce, 1401                                                                                  AGENCY:   Enforcement and Compliance,
                                                                                                      levels, which covers all forms of crude or
                                              Constitution Avenue NW, Washington,                     technical glycine including, but not limited
                                                                                                                                                            International Trade Administration,
                                              DC 20230, at a time and date to be                      to, sodium glycinate, glycine slurry and any          Department of Commerce.
                                              determined. Parties should confirm by                   other forms of amino acetic acid or glycine.          SUMMARY: The Department of Commerce
                                              telephone the date, time, and location of               Subject merchandise also includes glycine             (Commerce) preliminarily determines
                                                                                                      and precursors of dried crystalline glycine           that glycine from Japan is being, or is
                                              the hearing two days before the
                                                                                                      that are processed in a third country,                likely to be, sold in the United States at
                                              scheduled date.                                         including, but not limited to, refining or any
                                                                                                                                                            less than fair value (LTFV). The period
                                              Postponement of Final Determination                     other processing that would not otherwise
                                                                                                      remove the merchandise from the scope of              of investigation (POI) is January 1, 2017,
                                              for Negative Preliminary Determination                                                                        through December 31, 2017. Interested
                                                                                                      this investigation if performed in the country
                                                Section 735(a)(2)(B) of the Act                       of manufacture of the in-scope glycine or             parties are invited to comment on this
                                              provides that a final determination may                 precursors of dried crystalline glycine.              preliminary determination.
                                              be postponed until not later than 135                   Glycine has the Chemical Abstracts Service            DATES: Applicable October 31, 2018.
                                              days after the date of the publication of               (CAS) registry number of 56–40–6. Glycine
                                                                                                      and glycine slurry are classified under               FOR FURTHER INFORMATION CONTACT:
                                              the preliminary determination if, in the                                                                      Madeline Heeren or John McGowan,
                                                                                                      Harmonized Tariff Schedule of the United
                                              event of a negative preliminary                         States (HTSUS) subheading 2922.49.43.00.              AD/CVD Operations, Office VI,
amozie on DSK3GDR082PROD with NOTICES1




                                              determination, a request for such                       Sodium glycinate is classified in the HTSUS           Enforcement and Compliance,
                                              postponement is made by the                             under 2922.49.80.00. While the HTSUS                  International Trade Administration,
                                              petitioners.8 On September 14, 2018, the                subheadings and CAS registry number are               U.S. Department of Commerce, 1401
                                                                                                                                                            Constitution Avenue NW, Washington,
                                                 7 See 19 CFR 351.309; see also 19 CFR 351.303          9 See Letter from the petitioners, ‘‘Glycine from
                                              (for general filing requirements).
                                                                                                                                                            DC 20230; telephone: (202) 482–9179 or
                                                                                                      Thailand, Japan, and India: Request to Extend the
                                                 8 The petitioners are GEO Specialty Chemicals,       Final Determinations in Glycine from Thailand,        (202) 482–3019, respectively.
                                              Inc. and Chattem Chemicals, Inc.                        Japan and India,’’ dated September 14, 2018.          SUPPLEMENTARY INFORMATION:



                                         VerDate Sep<11>2014   18:06 Oct 30, 2018   Jkt 247001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                                            54719

                                              Background                                              timely received, see the Preliminary                                                                    Estimated
                                                 This preliminary determination is                    Scope Decision Memorandum.6                                                                             weighted-
                                                                                                      Commerce is not preliminarily                                                                            average
                                              made in accordance with section 733(b)                                                                                  Exporter/producer                       dumping
                                              of the Tariff Act of 1930, as amended                   modifying the scope language as it                                                                        margin
                                              (the Act). Commerce published the                       appeared in the Initiation Notice.                                                                      (percent)
                                              notice of initiation of this investigation              Methodology
                                              on April 25, 2018.1 On August 21, 2018,                                                                       Yuki Gosei Kogyo Co., Ltd 8 .......                   53.66
                                                                                                        Commerce is conducting this                         Showa Denko K.K ......................                86.22
                                              Commerce postponed the preliminary
                                                                                                      investigation in accordance with section              All-Others ....................................       53.66
                                              determination of this investigation and
                                              the revised deadline is now October 24,                 731 of the Act. Export price was
                                                                                                      calculated in accordance with section                 Suspension of Liquidation
                                              2018.2 For a complete description of the
                                              events that followed the initiation of                  772(a) of the Act. Normal value (NV)                     In accordance with section 733(d)(2)
                                              this investigation, see the Preliminary                 was calculated in accordance with                     of the Act, Commerce will direct U.S.
                                              Decision Memorandum.3 A list of topics                  section 773 of the Act for Yuki Gosei                 Customs and Border Protection (CBP) to
                                              included in the Preliminary Decision                    Kogyo Co., Ltd. (Yuki Gosei).                         suspend liquidation of entries of subject
                                              Memorandum is included as Appendix                      Furthermore, pursuant to section 776(a)               merchandise, as described in Appendix
                                              II to this notice. The Preliminary                      and (b) of the Act, Commerce has                      I, entered, or withdrawn from
                                              Decision Memorandum is a public                         preliminarily relied upon facts                       warehouse, for consumption on or after
                                              document and is on file electronically                  otherwise available, with adverse                     the date of publication of this notice in
                                              via Enforcement and Compliance’s                        inferences for Showa Denko K.K.                       the Federal Register. Further, pursuant
                                              Antidumping and Countervailing Duty                     (Showa Denko). For a full description of              to section 733(d)(1)(B) of the Act and 19
                                              Centralized Electronic Service System                   the methodology underlying the                        CFR 351.205(d), Commerce will instruct
                                              (ACCESS). ACCESS is available to                        preliminary determination, see the                    CBP to require a cash deposit equal to
                                              registered users at https://                            Preliminary Decision Memorandum.                      the estimated weighted-average
                                              access.trade.gov, and to all parties in the             All-Others Rate                                       dumping margin or the estimated all-
                                              Central Records Unit, room B8024 of the                                                                       others rate, as follows: (1) The cash
                                              main Department of Commerce                                Sections 733(d)(1)(ii) and 735(c)(5)(A)            deposit rate for the respondents listed
                                              building. In addition, a complete                       of the Act provide that in the                        above will be equal to the company-
                                              version of the Preliminary Decision                     preliminary determination Commerce                    specific estimated weighted-average
                                              Memorandum can be accessed directly                     shall determine an estimated all-others               dumping margins determined in this
                                              at http://enforcement.trade.gov/frn/.                   rate for all exporters and producers not              preliminary determination; (2) if the
                                              The signed and the electronic versions                  individually examined. This rate shall                exporter is not a respondent identified
                                              of the Preliminary Decision                             be an amount equal to the weighted                    above, but the producer is, then the cash
                                              Memorandum are identical in content.                    average of the estimated weighted-                    deposit rate will be equal to the
                                                                                                      average dumping margins established                   company-specific estimated weighted-
                                              Scope of the Investigation
                                                                                                      for exporters and producers                           average dumping margin established for
                                                The product covered by this                           individually investigated, excluding any              that producer of the subject
                                              investigation is glycine from Japan. For                zero and de minimis margins, and any                  merchandise; and (3) the cash deposit
                                              a complete description of the scope of                  margins determined entirely under                     rate for all other producers and
                                              this investigation, see Appendix I.                     section 776 of the Act.                               exporters will be equal to the all-others
                                              Scope Comments                                             In this investigation, Commerce                    estimated weighted-average dumping
                                                                                                      preliminarily assigned a rate based                   margin.
                                                In accordance with the preamble to
                                                                                                      entirely on adverse facts available to                Disclosure
                                              Commerce’s regulations,4 the Initiation
                                                                                                      Showa Denko. We did not calculate a
                                              Notice set aside a period of time for                                                                           Commerce intends to disclose its
                                                                                                      company-specific rate for Nagase & Co.,
                                              parties to raise issues regarding product                                                                     calculations and analysis performed to
                                                                                                      Ltd. (Nagase).7 The cash deposit rate
                                              coverage (i.e., scope).5 Certain interested                                                                   interested parties in this preliminary
                                                                                                      requirements for Nagase will be
                                              parties commented on the scope of the                                                                         determination within five days of any
                                                                                                      determined consistent with the
                                              investigation as it appeared in the                                                                           public announcement or, if there is no
                                                                                                      Suspension of Liquidation section of
                                              Initiation Notice. For a summary of the                                                                       public announcement, within five days
                                                                                                      this notice. Therefore, the only rate that
                                              product coverage comments and                                                                                 of the date of publication of this notice
                                                                                                      is not zero, de minimis or based entirely
                                              rebuttal responses submitted to the                                                                           in accordance with 19 CFR 351.224(b).
                                                                                                      on facts otherwise available is the rate
                                              record for this preliminary
                                                                                                      calculated for Yuki Gosei.                            Verification
                                              determination, and accompanying
                                                                                                      Consequently, the rate calculated for
                                              discussion and analysis of all comments                                                                          As provided in section 782(i)(1) of the
                                                                                                      Yuki Gosei is also assigned as the rate
                                                                                                      for all-other producers and exporters.                Act, Commerce intends to verify the
                                                1 See Glycine from India, Japan, and Thailand:
                                                                                                                                                            information relied upon in making its
                                              Initiation of Less-Than-Fair-Value Investigations, 83   Preliminary Determination
                                              FR 17995 (April 25, 2018) (Initiation Notice).
                                                                                                                                                            final determination.
                                                2 See Glycine from India, Japan, and Thailand:
                                                                                                        Commerce preliminarily determines                   Public Comment
                                              Postponement of Preliminary Determinations of           that the following estimated weighted-
                                              Antidumping Duty Investigations, 83 FR 42259                                                                     Case briefs or other written comments
                                                                                                      average dumping margins exist:
amozie on DSK3GDR082PROD with NOTICES1




                                              (August 21, 2018).                                                                                            may be submitted to the Assistant
                                                3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                                                                            Secretary for Enforcement and
                                              the Preliminary Determination in the Less-Than-           6 See Memorandum, ‘‘Glycine from India, Japan,
                                              Fair-Value Investigation of Glycine from Japan’’
                                                                                                                                                            Compliance no later than seven days
                                                                                                      the People’s Republic of China and Thailand: Scope
                                              dated concurrently with, and hereby adopted by,         Comments Decision Memorandum for the                  after the date on which the last
                                              this notice (Preliminary Decision Memorandum).          Preliminary Determination,’’ dated August 27, 2018
                                                4 See Antidumping Duties; Countervailing Duties,      (Preliminary Scope Decision Memorandum).                8 See Memorandum, ‘‘Preliminary Determination
                                              Final Rule, 62 FR 27296, 27323 (May 19, 1997).            7 See Preliminary Decision Memorandum at 4–5,       Margin Calculation for Yuki Gosei Kogyo Co., Ltd.’’
                                                5 See Initiation Notice, 83 FR at 17996.              and 13–14.                                            dated concurrently with this memorandum.



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                                              54720                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                              verification report is issued in this                   to a period not to exceed six months.10               (CAS) registry number of 56–40–6. Glycine
                                              investigation. Rebuttal briefs, limited to              In accordance with section 735(a)(2)(A)               and glycine slurry are classified under
                                              issues raised in case briefs, may be                    of the Act and 19 CFR 351.210(b)(2)(ii),              Harmonized Tariff Schedule of the United
                                                                                                                                                            States (HTSUS) subheading 2922.49.43.00.
                                              submitted no later than five days after                 because: (1) The preliminary
                                                                                                                                                            Sodium glycinate is classified in the HTSUS
                                              the deadline date for case briefs.9                     determination is affirmative; (2) the                 under 2922.49.80.00. While the HTSUS
                                              Pursuant to 19 CFR 351.309(c)(2) and                    requesting exporters account for a                    subheadings and CAS registry number are
                                              (d)(2), parties who submit case briefs or               significant proportion of exports of the              provided for convenience and customs
                                              rebuttal briefs in this investigation are               subject merchandise; and (3) no                       purposes, the written description of the
                                              encouraged to submit with each                          compelling reasons for denial exist,                  scope of this investigation is dispositive.
                                              argument: (1) A statement of the issue;                 Commerce is postponing the final
                                                                                                                                                            Appendix II
                                              (2) a brief summary of the argument;                    determination and extending the
                                              and (3) a table of authorities.                         provisional measures from a four-month                List of Topics Discussed in the Preliminary
                                                                                                      period to a period not greater than six               Decision Memorandum
                                                 Pursuant to 19 CFR 351.310(c),
                                              interested parties who wish to request a                months. Accordingly, Commerce will                    I. Summary
                                                                                                      make its final determination no later                 II. Background
                                              hearing, limited to issues raised in the                                                                      III. Period of Investigation
                                                                                                      than 135 days after the date of
                                              case and rebuttal briefs, must submit a                                                                       IV. Postponement of Final Determination and
                                                                                                      publication of this preliminary
                                              written request to the Assistant                                                                                    Extension of Provisional Measures
                                                                                                      determination.
                                              Secretary for Enforcement and                                                                                 V. Scope Comments
                                              Compliance, U.S. Department of                          International Trade Commission                        VI. Application of Facts Available and Use of
                                              Commerce, within 30 days after the date                 Notification                                                Adverse Inference
                                              of publication of this notice. Requests                                                                       VII. All-Others Rate
                                                                                                         In accordance with section 733(f) of               VIII. Discussion of the Methodology
                                              should contain the party’s name,                        the Act, Commerce will notify the                        A. Determination of Comparison Method
                                              address, and telephone number, the                      International Trade Commission (ITC) of                  B. Results of the Differential Pricing
                                              number of participants, whether any                     its preliminary determination. If the                       Analysis
                                              participant is a foreign national, and a                final determination is affirmative, the               IX. Date of Sale
                                              list of the issues to be discussed. If a                ITC will determine before the later of                X. Product Comparisons
                                              request for a hearing is made, Commerce                 120 days after the date of this                       XI. Export Price
                                              intends to hold the hearing at the U.S.                 preliminary determination or 45 days                  XII. Normal Value
                                              Department of Commerce, 1401                                                                                     A. Home Market Viability
                                                                                                      after the final determination whether                    B. Level of Trade
                                              Constitution Avenue NW, Washington,                     these imports are materially injuring, or                C. Cost of Production (COP) Analysis
                                              DC 20230, at a time and date to be                      threaten material injury to, the U.S.                    1. Calculation of COP
                                              determined. Parties should confirm by                   industry.                                                2. Test of Comparison Market Sales Prices
                                              telephone the date, time, and location of                                                                        3. Results of the COP Test
                                              the hearing two days before the                         Notification to Interested Parties                       D. Calculation of NV Based on Comparison
                                              scheduled date.                                           This determination is issued and                          Market Prices
                                                                                                      published in accordance with sections                 XIII. Currency Conversion
                                              Postponement of Final Determination                     733(f) and 777(i)(1) of the Act and 19                XIV. Conclusion
                                              and Extension of Provisional Measures                   CFR 351.205(c).                                       [FR Doc. 2018–23720 Filed 10–30–18; 8:45 am]
                                                 Section 735(a)(2) of the Act provides                  Dated: October 24, 2018.                            BILLING CODE 3510–DS–P

                                              that a final determination may be                       Gary Taverman,
                                              postponed until not later than 135 days                 Deputy Assistant Secretary for Antidumping
                                              after the date of the publication of the                and Countervailing Duty Operations,
                                                                                                                                                            DEPARTMENT OF COMMERCE
                                              preliminary determination if, in the                    performing the non-exclusive functions and
                                                                                                      duties of the Assistant Secretary for
                                                                                                                                                            National Oceanic and Atmospheric
                                              event of an affirmative preliminary                                                                           Administration
                                              determination, a request for such                       Enforcement and Compliance.
                                              postponement is made by exporters who                   Appendix I                                            RIN 0648–XG423
                                              account for a significant proportion of
                                                                                                      Scope of the Investigation                            Endangered and Threatened Species:
                                              exports of the subject merchandise, or in
                                              the event of a negative preliminary                       The merchandise covered by this                     Take of Anadromous Fish
                                                                                                      investigation is glycine at any purity level or
                                              determination, a request for such                                                                             AGENCY:  National Marine Fisheries
                                                                                                      grade. This includes glycine of all purity
                                              postponement is made by the petitioner.                 levels, which covers all forms of crude or            Service (NMFS), National Oceanic and
                                              Section 351.210(e)(2) of Commerce’s                     technical glycine including, but not limited          Atmospheric Administration (NOAA),
                                              regulations requires that a request by                  to, sodium glycinate, glycine slurry and any          Commerce.
                                              exporters for postponement of the final                 other forms of amino acetic acid or glycine.
                                                                                                      Subject merchandise also includes glycine             ACTION: Notice.
                                              determination be accompanied by a
                                              request for extension of provisional                    and precursors of dried crystalline glycine
                                                                                                      that are processed in a third country,
                                                                                                                                                            SUMMARY:   NMFS has received an
                                              measures from a four-month period to a                                                                        application for a new Enhancement of
                                                                                                      including, but not limited to, refining or any
                                              period not more than six months in                      other processing that would not otherwise             Survival Permit and a request for entry
                                              duration.                                               remove the merchandise from the scope of              into an associated proposed Safe Harbor
                                                 On September 18, 2018, pursuant to                   this investigation if performed in the country        Agreement (Agreement) between the
amozie on DSK3GDR082PROD with NOTICES1




                                              19 CFR 351.210(e), Yuki Gosei and                       of manufacture of the in-scope glycine or             applicant and NMFS. The proposed
                                              Nagase requested that Commerce                          precursors of dried crystalline glycine.              Enhancement of Survival Permit and
                                                                                                      Glycine has the Chemical Abstracts Service            Agreement are intended to promote the
                                              postpone the final determination and
                                              that provisional measures be extended                      10 See Letter from Yuki Gosei and Nagase,
                                                                                                                                                            survival and recovery of Central
                                                                                                      ‘‘Glycine from Japan: Request to Postpone the Due
                                                                                                                                                            California Coast (CCC) Coho Salmon
                                                 9 See 19 CFR 351.309; see also 19 CFR 351.303        Date for the Final Determination,’’ dated September   (Oncorhynchus kisutch) and CCC
                                              (for general filing requirements).                      18, 2018.                                             Steelhead (O. mykiss) listed as


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Document Created: 2018-10-31 00:33:51
Document Modified: 2018-10-31 00:33:51
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 October 31, 2018.
ContactMadeline Heeren or John McGowan, 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) 482-9179 or (202) 482-3019, respectively.
FR Citation83 FR 54718 

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