83_FR_5638 83 FR 5611 - Glycine From the People's Republic of China: Final Results of the Changed Circumstances Review

83 FR 5611 - Glycine From the People's Republic of China: Final Results of the Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 27 (February 8, 2018)

Page Range5611-5612
FR Document2018-02515

The Department of Commerce (Commerce) determines, in the context of the changed circumstance review (CCR) of the antidumping duty order on glycine from the People's Republic of China (China), that Salvi Chemical Industries Ltd. (Salvi) and its importers, are ineligible to participate in a certification process because, after further review of the record evidence and comments submitted, we find Salvi has not demonstrated that the sales of glycine examined are of non-Chinese origin. As a result, glycine produced by Salvi continues to be subject to the Order on glycine.

Federal Register, Volume 83 Issue 27 (Thursday, February 8, 2018)
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Pages 5611-5612]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02515]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Final Results of the 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines, in the 
context of the changed circumstance review (CCR) of the antidumping 
duty order on glycine from the People's Republic of China (China), that 
Salvi Chemical Industries Ltd. (Salvi) and its importers, are 
ineligible to participate in a certification process because, after 
further review of the record evidence and comments submitted, we find 
Salvi has not demonstrated that the sales of glycine examined are of 
non-Chinese origin. As a result, glycine produced by Salvi continues to 
be subject to the Order on glycine.

DATES: Applicable February 8, 2018.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce initiated this CCR on November 16, 2016, and published the 
Preliminary Results on August 11, 2017.\1\ Commerce has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from January 20 through 22, 2018. If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final results of this review is now February 5, 
2018.\2\ For a description of events that have occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\3\ The 
Issues and 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 Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Glycine from the People's Republic of China: Initiation 
of Antidumping Duty Changed Circumstances Review, 81 FR 81064 
(November 17, 2016); see also Glycine from the People's Republic of 
China: Preliminary Results of Changed Circumstances Review, 82 FR 
37564 (August 11, 2017) (Preliminary Results).
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days. The new deadline falls on Sunday, February 4, 
2018. The next business day is Monday, February 5, 2018.
    \3\ See ``Issues and Decision Memorandum for the Final Results 
of the Antidumping Duty Changed Circumstances Review of Glycine from 
the People's Republic of China,'' dated concurrently with and hereby 
adopted in this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this antidumping duty order is glycine, 
which is a free-flowing crystalline material, like salt or sugar. 
Glycine is produced at varying levels of purity and is used as a 
sweetener/taste enhancer, a buffering agent, reabsorbable amino acid, 
chemical intermediate, and a metal complexing agent. This proceeding 
includes glycine of all purity levels. Glycine is currently classified 
under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\4\ Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under the order is dispositive.\5\
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    \4\ In separate scope rulings, Commerce determined that: (a) D(-
) Phenylglycine Ethyl Dane Salt is outside the scope of the order 
and (b) Chinese-origin glycine exported from India remains the same 
class or kind of merchandise as the Chinese-origin glycine imported 
into India. See Notice of Scope Rulings and Anticircumvention 
Inquiries, 62 FR 62288 (November 21, 1997) and Circumvention Notice, 
respectively.
    \5\ See Antidumping Duty Order: Glycine from the People's 
Republic of China, 60 FR 16116 (March 29, 1995) (Order).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by GEO, the domestic interested party, in its 
case brief are addressed in the Issues and Decision Memorandum. No 
other party filed a case or rebuttal brief. A list of the issues 
addressed in the Issues and Decision Memorandum is appended to this 
notice.

Final Results of the Changed Circumstances Review

    Commerce finds that, based upon the record of the CCR, Salvi has 
not demonstrated that its sales of glycine are of non-Chinese origin, 
and therefore, Salvi, along with its importers, are not permitted to 
participate in the certification process. Thus, glycine produced by 
Salvi continues to be subject to the Order.\6\
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    \6\ This determination applies to all importers of glycine 
produced by Salvi, including Nutracare International (Nutracare).
---------------------------------------------------------------------------

Notification to Parties

    This notice is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    Commerce is issuing and publishing these results in accordance with 
sections 751(b)(1) and (4) and 777(i) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i).

    Dated: February 2, 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--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
    Comment 1: Whether Salvi is Producing Glycine from Non-Chinese 
Origin Raw

[[Page 5612]]

Materials and May Participate in the Certification Process
V. Recommendation

[FR Doc. 2018-02515 Filed 2-7-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices                                                   5611

                                               with the regulations and terms of an                    duration of the closure of the Federal                HTSUS subheading is provided for
                                               APO is a violation which is subject to                  Government from January 20 through                    convenience and customs purposes, the
                                               sanction.                                               22, 2018. If the new deadline falls on a              written description of the merchandise
                                                 We are issuing and publishing these                   non-business day, in accordance with                  under the order is dispositive.5
                                               results and notice in accordance with                   Commerce’s practice, the deadline will
                                               sections 751(c), 752(c), and 777(i)(1) of               become the next business day. The                     Analysis of Comments Received
                                               the Act and 19 CR 351.218.                              revised deadline for the final results of                All issues raised by GEO, the
                                                 Dated: February 2, 2018.                              this review is now February 5, 2018.2                 domestic interested party, in its case
                                               Gary Taverman,                                          For a description of events that have                 brief are addressed in the Issues and
                                               Deputy Assistant Secretary for Antidumping
                                                                                                       occurred since the Preliminary Results,               Decision Memorandum. No other party
                                               and Countervailing Duty Operations,                     see the Issues and Decision                           filed a case or rebuttal brief. A list of the
                                               performing the non-exclusive functions and              Memorandum.3 The Issues and Decision                  issues addressed in the Issues and
                                               duties of the Assistant Secretary for                   Memorandum is a public document and                   Decision Memorandum is appended to
                                               Enforcement and Compliance.                             is on file electronically via Enforcement             this notice.
                                               [FR Doc. 2018–02523 Filed 2–7–18; 8:45 am]              and Compliance’s Antidumping and
                                                                                                       Countervailing Duty Centralized                       Final Results of the Changed
                                               BILLING CODE 3510–DS–P
                                                                                                       Electronic Service System (ACCESS).                   Circumstances Review
                                                                                                       ACCESS is available to registered users                 Commerce finds that, based upon the
                                               DEPARTMENT OF COMMERCE                                  at http://access.trade.gov, and is                    record of the CCR, Salvi has not
                                                                                                       available to all parties in the Central               demonstrated that its sales of glycine are
                                               International Trade Administration                      Records Unit, room B8024 of the main                  of non-Chinese origin, and therefore,
                                               [A–570–836]                                             Department of Commerce building. In                   Salvi, along with its importers, are not
                                                                                                       addition, a complete version of the                   permitted to participate in the
                                               Glycine From the People’s Republic of                   Issues and Decision Memorandum can                    certification process. Thus, glycine
                                               China: Final Results of the Changed                     be accessed directly at http://                       produced by Salvi continues to be
                                               Circumstances Review                                    enforcement.trade.gov/frn/index.html.                 subject to the Order.6
                                                                                                       The signed Issues and Decision
                                               AGENCY:   Enforcement and Compliance,                   Memorandum and the electronic                         Notification to Parties
                                               International Trade Administration,                     versions of the Issues and Decision                     This notice is the only reminder to
                                               Department of Commerce.                                 Memorandum are identical in content.                  parties subject to administrative
                                               SUMMARY: The Department of Commerce
                                                                                                                                                             protective order (APO) of their
                                               (Commerce) determines, in the context                   Scope of the Order
                                                                                                                                                             responsibility concerning the
                                               of the changed circumstance review                         The product covered by this                        disposition of proprietary information
                                               (CCR) of the antidumping duty order on                  antidumping duty order is glycine,                    disclosed under APO in accordance
                                               glycine from the People’s Republic of                   which is a free-flowing crystalline                   with 19 CFR 351.305(a)(3). Timely
                                               China (China), that Salvi Chemical                      material, like salt or sugar. Glycine is              written notification of the return or
                                               Industries Ltd. (Salvi) and its importers,              produced at varying levels of purity and              destruction of APO materials or
                                               are ineligible to participate in a                      is used as a sweetener/taste enhancer, a              conversion to judicial protective order is
                                               certification process because, after                    buffering agent, reabsorbable amino                   hereby requested. Failure to comply
                                               further review of the record evidence                   acid, chemical intermediate, and a metal              with the regulations and terms of an
                                               and comments submitted, we find Salvi                   complexing agent. This proceeding                     APO is a sanctionable violation.
                                               has not demonstrated that the sales of                  includes glycine of all purity levels.                  Commerce is issuing and publishing
                                               glycine examined are of non-Chinese                     Glycine is currently classified under                 these results in accordance with
                                               origin. As a result, glycine produced by                subheading 2922.49.4020 of the                        sections 751(b)(1) and (4) and 777(i) of
                                               Salvi continues to be subject to the                    Harmonized Tariff Schedule of the                     the Tariff Act of 1930, as amended, and
                                               Order on glycine.                                       United States (HTSUS).4 Although the                  19 CFR 351.216 and 19 CFR
                                               DATES: Applicable February 8, 2018.                                                                           351.221(c)(3)(i).
                                                                                                          2 See Memorandum for The Record from
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       Christian Marsh, Deputy Assistant Secretary for         Dated: February 2, 2018.
                                               Madeline Heeren, AD/CVD Operations,                     Enforcement and Compliance, performing the non-       Gary Taverman,
                                               Office VI, Enforcement and Compliance,                  exclusive functions and duties of the Assistant
                                               International Trade Administration,                     Secretary for Enforcement and Compliance,             Deputy Assistant Secretary for Antidumping
                                                                                                       ‘‘Deadlines Affected by the Shutdown of the           and Countervailing Duty Operations,
                                               U.S. Department of Commerce, 1401
                                                                                                       Federal Government’’ (Tolling Memorandum),            Performing the Non-Exclusive Functions and
                                               Constitution Avenue NW, Washington,                     dated January 23, 2018. All deadlines in this         Duties of the Assistant Secretary for
                                               DC 20230; telephone: (202) 482–9179.                    segment of the proceeding have been extended by       Enforcement and Compliance.
                                               SUPPLEMENTARY INFORMATION:                              3 days. The new deadline falls on Sunday, February
                                                                                                       4, 2018. The next business day is Monday, February    Appendix—List of Topics Discussed in
                                               Background                                              5, 2018.                                              the Issues and Decision Memorandum
                                                                                                          3 See ‘‘Issues and Decision Memorandum for the
                                                 Commerce initiated this CCR on                        Final Results of the Antidumping Duty Changed         I. Summary
                                               November 16, 2016, and published the                    Circumstances Review of Glycine from the People’s     II. Background
                                               Preliminary Results on August 11,                       Republic of China,’’ dated concurrently with and      III. Scope of the Order
                                                                                                       hereby adopted in this notice (Issues and Decision
                                               2017.1 Commerce has exercised its                       Memorandum).
                                                                                                                                                             IV. Discussion of Issues
                                               discretion to toll deadlines for the                                                                             Comment 1: Whether Salvi is Producing
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                                                                                                          4 In separate scope rulings, Commerce determined

                                                                                                       that: (a) D(-) Phenylglycine Ethyl Dane Salt is
                                                                                                                                                                   Glycine from Non-Chinese Origin Raw
                                                 1 See Glycine from the People’s Republic of           outside the scope of the order and (b) Chinese-
                                                                                                                                                               5 See Antidumping Duty Order: Glycine from the
                                               China: Initiation of Antidumping Duty Changed           origin glycine exported from India remains the
                                               Circumstances Review, 81 FR 81064 (November 17,         same class or kind of merchandise as the Chinese-     People’s Republic of China, 60 FR 16116 (March 29,
                                               2016); see also Glycine from the People’s Republic      origin glycine imported into India. See Notice of     1995) (Order).
                                               of China: Preliminary Results of Changed                Scope Rulings and Anticircumvention Inquiries, 62       6 This determination applies to all importers of

                                               Circumstances Review, 82 FR 37564 (August 11,           FR 62288 (November 21, 1997) and Circumvention        glycine produced by Salvi, including Nutracare
                                               2017) (Preliminary Results).                            Notice, respectively.                                 International (Nutracare).



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                                               5612                        Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices

                                                   Materials and May Participate in the                requested pursuant to Article 1904(2) of              Department of Commerce, 1401
                                                   Certification Process                               NAFTA which requires Requests for                     Constitution Avenue NW, Washington,
                                               V. Recommendation                                       Panel Review to be published in                       DC 20230; telephone: (202) 482–0197.
                                               [FR Doc. 2018–02515 Filed 2–7–18; 8:45 am]              accordance with Rule 35. For the                      SUPPLEMENTARY INFORMATION:
                                               BILLING CODE 3510–DS–P                                  complete Rules, please see https://
                                                                                                       www.nafta-sec-alena.org/Home/Texts-                   Background
                                                                                                       of-the-Agreement/Rules-of-Procedure/                     Commerce published the preliminary
                                               DEPARTMENT OF COMMERCE                                  Article-1904.                                         results of this administrative review of
                                                                                                          The Rules provide that:                            PET film from India on August 3, 2016.1
                                               International Trade Administration                         (a) A Party or interested person may               We invited interested parties to
                                                                                                       challenge the final determination in                  comment on the Preliminary Results
                                               North American Free Trade Agreement
                                                                                                       whole or in part by filing a Complaint                2015. On November 27, 2017,
                                               (NAFTA), Article 1904 Binational Panel
                                                                                                       in accordance with Rule 39 within 30                  Commerce postponed the final results of
                                               Review: Notice of Request for Panel
                                                                                                       days after the filing of the first Request            review until January 30, 2018. On
                                               Review
                                                                                                       for Panel Review (the deadline for filing             September 5, 2017, Commerce received
                                               AGENCY:  United States Section, NAFTA                   a Complaint is February 20, 2018);                    a timely filed case brief from Jindal, and
                                               Secretariat, International Trade                           (b) A Party, investigating authority or            on September 18, 2017, Commerce
                                               Administration, Department of                           interested person that does not file a                received timely filed case briefs from
                                               Commerce.                                               Complaint but that intends to appear in               the Government of India (GOI) and from
                                               ACTION: Notice of NAFTA Request for                     support of any reviewable portion of the              SRF. On September 25, 2017, Commerce
                                               Panel Review in the matter of 100- to                   final determination may participate in                received timely rebuttal comments from
                                               150-Seat Large Civil Aircraft from                      the panel review by filing a Notice of                the petitioners, DuPont Teijin Films,
                                               Canada: Final Affirmative                               Appearance in accordance with Rule 40                 Mitsubishi Polyester Film, Inc., and
                                               Countervailing Duty Determination                       within 45 days after the filing of the first          SKC, Inc. (collectively, the petitioners).
                                               (Secretariat File Number: USA–CDA–                      Request for Panel Review (the deadline                Based on an analysis of the comments
                                               2018–1904–01).                                          for filing a Notice of Appearance is                  received, Commerce has made no
                                                                                                       March 5, 2018); and                                   changes to the subsidy rate determined
                                               SUMMARY:   Requests for Panel Review                       (c) The panel review shall be limited              for respondents. The final subsidy rates
                                               were filed with the United States                       to the allegations of error of fact or law,           are listed in the ‘‘Final Results of
                                               Section of the NAFTA Secretariat on                     including challenges to the jurisdiction              Administrative Review’’ section below.
                                               behalf of Bombardier Inc. and C Series                  of the investigating authority, that are                 Commerce exercised its discretion to
                                               Aircraft Limited Partnership, the                       set out in the Complaints filed in the                toll all deadlines affected by the closure
                                               Government of Canada, and the                           panel review and to the procedural and                of the Federal Government from January
                                               Government of Québec on January 19,                    substantive defenses raised in the panel              20 through 22, 2018. If the new deadline
                                               2018, as well as on behalf of the                       review.                                               falls on a non-business day, in
                                               Government of the United Kingdom and                      Dated: February 2, 2018.                            accordance with Commerce’s practice,
                                               the European Commission on January                      Paul E. Morris,                                       the deadline will become the next
                                               24, 2018, pursuant to NAFTA Article                     U.S. Secretary, NAFTA Secretariat.                    business day. The revised deadline for
                                               1904. Panel Review was requested of the                                                                       the final results of this review is now
                                                                                                       [FR Doc. 2018–02474 Filed 2–7–18; 8:45 am]
                                               Department of Commerce’s final                                                                                February 2, 2018.2
                                                                                                       BILLING CODE 3510–GT–P
                                               countervailing duty determination
                                               regarding 100- to 150-Seat Large Civil                                                                        Scope of the Order
                                               Aircraft from Canada. The final                                                                                  For the purposes of the order, the
                                                                                                       DEPARTMENT OF COMMERCE
                                               determination was published in the                                                                            products covered are all gauges of raw,
                                               Federal Register on December 27, 2017                   International Trade Administration                    pretreated, or primed polyethylene
                                               (82 FR 61,252). The NAFTA Secretariat                                                                         terephthalate film, sheet and strip,
                                               has assigned case number USA–CDA–                       [C–533–825]
                                                                                                                                                             whether extruded or coextruded.
                                               2018–1904–01 to this request.                                                                                 Excluded are metallized films and other
                                                                                                       Polyethylene Terephthalate Film,
                                               FOR FURTHER INFORMATION CONTACT: Paul                   Sheet, and Strip From India: Final                    finished films that have had at least one
                                               E. Morris, United States Secretary,                     Results of Countervailing Duty                        of their surfaces modified by the
                                               NAFTA Secretariat, Room 2061, 1401                      Administrative Review; 2015                           application of a performance-enhancing
                                               Constitution Avenue NW, Washington,                                                                           resinous or inorganic layer of more than
                                               DC 20230, (202) 482–5438.                               AGENCY:  Enforcement and Compliance,                  0.00001 inches thick. Imports of PET
                                               SUPPLEMENTARY INFORMATION: Chapter                      International Trade Administration,                   film are classifiable in the Harmonized
                                               19 of Article 1904 of NAFTA provides                    Department of Commerce.                               Tariff Schedule of the United States
                                               a dispute settlement mechanism                          SUMMARY: The Department of Commerce
                                               involving trade remedy determinations                   (Commerce) determines that Jindal Poly                   1 See Polyethylene Terephthalate Film, Sheet and

                                                                                                       Films Limited of India (Jindal) and SRF               Strip from India: Preliminary Results and Partial
                                               issued by the Government of the United                                                                        Rescission of Countervailing Duty Administrative
                                               States, the Government of Canada, and                   Limited (SRF), exporters of                           Review; 2015, 82 FR 36124 (August 3, 2016)
                                               the Government of Mexico. Following a                   polyethylene terephthalate film, sheet,               (Preliminary Results 2015).
                                               Request for Panel Review, a Binational                  and strip (PET film) from India, received                2 See Memorandum for The Record from
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                                               Panel is composed to review the trade                   countervailable subsidies during the                  Christian Marsh, Deputy Assistant Secretary for
                                                                                                       period of review (POR) January 1, 2015,               Enforcement and Compliance, performing the non-
                                               remedy determination being challenged                                                                         exclusive functions and duties of the Assistant
                                               and issue a binding Panel Decision.                     through December 31, 2015.                            Secretary for Enforcement and Compliance,
                                               There are established NAFTA Rules of                    DATES: Effective February 8, 2018.                    ‘‘Deadlines Affected by the Shutdown of the
                                                                                                                                                             Federal Government’’ (Tolling Memorandum),
                                               Procedure for Article 1904 Binational                   FOR FURTHER INFORMATION CONTACT: Elfi
                                                                                                                                                             dated January 23, 2018. All deadlines in this
                                               Panel Reviews, which were adopted by                    Blum, AD/CVD Operations, Office VII,                  segment of the proceeding have been extended by
                                               the three governments for panels                        Enforcement and Compliance, U.S.                      3 days.



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Document Created: 2018-02-08 00:16:23
Document Modified: 2018-02-08 00:16:23
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 February 8, 2018.
ContactMadeline Heeren, 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.
FR Citation83 FR 5611 

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