83 FR 62345 - Glycine From China, India, Japan, and Thailand; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 232 (December 3, 2018)

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-603-605 and 731-TA-1413-1415 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of glycine from China, India, Japan, and Thailand, provided for in subheading 2922.49.43 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value. The Department of Commerce has preliminarily determined that countervailable subsidies are not being provided to producers and exporters of glycine from Thailand and that imports of glycine from Thailand are not being and are not likely to be sold in the United States at less than fair value.

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62345-62347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26181]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-603-605 and 731-TA-1413-1415 (Final)]


Glycine From China, India, Japan, and Thailand; Scheduling of the 
Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-603-605 and 731-TA-1413-1415 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine

[[Page 62346]]

whether an industry in the United States is materially injured or 
threatened with material injury, or the establishment of an industry in 
the United States is materially retarded, by reason of imports of 
glycine from China, India, Japan, and Thailand, provided for in 
subheading 2922.49.43 of the Harmonized Tariff Schedule of the United 
States, preliminarily determined by the Department of Commerce 
(``Commerce'') to be subsidized and sold at less-than-fair-value. The 
Department of Commerce has preliminarily determined that 
countervailable subsidies are not being provided to producers and 
exporters of glycine from Thailand and that imports of glycine from 
Thailand are not being and are not likely to be sold in the United 
States at less than fair value.

DATES: October 31, 2018.

FOR FURTHER INFORMATION CONTACT: Celia Feldpausch (202) 205-2387, 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on (202) 205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at (202) 205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.-- For purposes of these investigations, Commerce has defined 
the subject merchandise as glycine at any purity level or grade.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as glycine at any 
purity level or grade. For a full description of the scope of these 
investigations, including product exclusions, see Glycine From the 
People's Republic of China: Preliminary Affirmative Countervailing 
Duty Determination, 83 FR 44863, September 4, 2018.
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    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China and India of glycine,\2\ and that imports of glycine 
from India and Japan are being sold in the United States at less than 
fair value within the meaning of section 733 of the Act (19 U.S.C. 
1673b).\3\ The investigations were requested in petitions filed on 
March 28, 2018, by GEO Specialty Chemicals, Inc., Lafayette, Indiana, 
and Chattem Chemicals, Inc., Chattanooga, Tennessee.
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    \2\ Glycine From the People's Republic of China: Preliminary 
Affirmative Countervailing Duty Determination, 83 FR 44863, 
September 4, 2018, and Glycine From India: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 83 FR 
44859, September 4, 2018.
    \3\ Glycine From India: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures, 83 FR 54713, October 31, 
2018, and Glycine From Japan: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 83 FR 
54718, October 31, 2018.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Although Commerce has preliminarily determined that countervailable 
subsidies are not being provided to producers and exporters of glycine 
from Thailand, and imports of glycine from Thailand are not being and 
not likely to be sold in the United States at less than fair value,\4\ 
for purposes of efficiency the Commission hereby waives rule 207.21(b) 
\5\ so that the final phase of the investigations may proceed 
concurrently in the event that Commerce makes final affirmative 
determinations with respect to such imports.
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    \4\ Glycine From Thailand: Preliminary Negative Countervailing 
Duty Determination, Preliminary Negative Critical Circumstances 
Determination, and Alignment of Final Determination With Final 
Antidumping Duty Determination, 83 FR 44861, September 4, 2018, and 
Glycine From Thailand: Preliminary Determination of Sales at Not 
Less Than Fair Value, Preliminary Negative Determination of Critical 
Circumstances, Postponement of Final Determination, 83 FR 54717, 
October 31, 2018.
    \5\ Section 207.21(b) of the Commission's rules provides that, 
where Commerce has issued a negative preliminary determination, the 
Commission will publish a Final Phase Notice of Scheduling upon 
receipt of an affirmative final determination from Commerce.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
28, 2019, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
March 14, 2019, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before March 8, 2019. A nonparty who 
has testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on March 13, 2019, at the U.S. International Trade Commission Building, 
if deemed necessary. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later

[[Page 62347]]

than 7 business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is March 7, 2019. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is March 22, 2019. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before March 22, 2019. On April 10, 2019, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before April 12, 2019, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's website at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 28, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26181 Filed 11-30-18; 8:45 am]
 BILLING CODE 7020-02-P