[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Notices]
[Pages 64100-64101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25595]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: October 18, 2012.
SUMMARY: On April 11, 2012, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on glycine from the People's Republic of China
(PRC) \1\ in the Federal Register. We revised the preliminary results
on June 27, 2012, and issued the results to all interested parties for
comment.\2\ We have analyzed all comments received by the parties and
have made changes to the margin calculation with respect to the sole
company subject to this review, Baoding Mantong Fine Chemistry Co. Ltd.
(Baoding Mantong), for the final results.
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\1\ See Glycine From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review, 77 FR 21738
(April 11, 2012) (Preliminary Results).
\2\ See Memorandum to the File, through Angelica Mendoza,
Program Manager, Antidumping and Countervailing Duty Operations,
Office 7, dated June 27, 2012, entitled, ``Revisions to Certain
Surrogate Valuations and the Preliminary Margin-Calculation Program
for Baoding Mantong Fine Chemistry Co., Ltd.'' (Revised Preliminary
Results).
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
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3931 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The period of review is March 1, 2010, through February 28, 2011.
Scope of the Order
The product covered by the 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 review covers glycine of all purity
levels. Glycine is currently classified under subheading 2922.49.4020
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheading is provided for convenience and Customs
purposes, the written description of the merchandise subject to the
order is dispositive.
Background
On April 11, 2012, the Department published the Preliminary Results
in the Federal Register. The Department provided interested parties
with the opportunity to comment on the preliminary results of review
and to submit, pursuant to 19 CFR 351.301(c)(3)(ii) and 351.408(c),
publicly available information to value factors of production within 20
days after the date of publication of the results. The domestic
interested party, GEO Specialty Chemicals, Inc. (GEO), submitted
factor-valuation information on May 1, 2012. GEO and the sole
respondent in this review,\3\ Baoding Mantong, submitted case briefs on
May 11, 2012, and Baoding Mantong submitted rebuttal comments on May
16, 2012. Based on the comments received, we made revisions to certain
surrogate valuations and the preliminary margin-calculation program for
Baoding Mantong. We released the Revised Preliminary Results of review
to all interested parties on June 27, 2012.
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\3\ We rescinded this review with respect to 29 other companies
after GEO submitted a timely request to withdraw its request for
review of these companies. Preliminary Results, 77 FR at 21739.
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Both GEO and Baoding Mantong submitted comments and factor-
valuation information on the Revised Preliminary Results on July 16,
2012, and rebuttal comments on July 23, 2012. On July 31, 2012, we
extended fully the deadline of the final results of review from August
9, 2012, to October 9, 2012.\4\
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\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Edythe Artman, International Trade Compliance Analyst, regarding
``Glycine from the People's Republic of China: Extension of Deadline
for Final Results of Antidumping Duty Administrative Review,'' dated
July 31, 2012.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs and additional
comments received by parties to this review are addressed in the
memorandum to Paul Piquado, Assistant Secretary for Import
Administration, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, entitled, ``Issues and
Decision Memorandum for the Final Results in the Administrative Review
of Glycine from the People's Republic of China'' (Decision Memorandum),
which is dated concurrently with, and adopted by, this notice. A list
of the issues which parties raised, and to which we respond in the
Decision Memorandum is attached to this notice as an Appendix. The
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS
is available to registered users at http://
[[Page 64101]]
iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://www.trade.gov/ia/. The signed Decision
Memorandum and the electronic versions of the Decision Memorandum are
identical in content.
Changes Since the Revised Preliminary Results
Based on a review of the record and comments received from parties
regarding our preliminary results and Revised Preliminary Results, we
have made no changes to the margin calculation for Baoding Mantong in
these final results of review. However, following our preliminary
results, we asked the company to provide additional information
concerning international freight expenses on its constructed-export-
price sales. The company did not respond to our request within the
applicable deadline and, as a result, we have applied surrogate freight
expenses to some constructed-export-price sales for which freight
services may have been provided by a non-market-economy carrier.
Separate Rates Determination
In our Preliminary Results, we determined that Baoding Mantong met
the criteria for separate-rate status. We have not received any
information since issuance of the preliminary results that provides a
basis for reconsidering this preliminary determination. Therefore, the
Department continues to find that Baoding Mantong meets the criteria
for a separate rate.
Final Results of the Review
The Department has determined that the following margin exists for
the period March 1, 2010, through February 28, 2011:
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Margin
Exporter (percent)
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Baoding Mantong Fine Chemistry Co., Ltd.................... 453.79
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Assessment Rates
Consistent with these final results, and pursuant to section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.212(b)(1), the Department will direct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. The Department will issue appropriate assessment instructions
to CBP 15 days after the date of publication of the final results of
this review. In accordance with 19 CFR 351.212(b)(1), we have
calculated, whenever possible, an exporter/importer (or customer)-
specific assessment rate or value for merchandise subject to these
reviews as described below. We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review if any
exporter/importer-specific assessment rate calculated in the final
results of this review is above de minimis.
Export Price Sales
With respect to export-price sales for these final results, we
divided the total dumping margins (calculated as the difference between
normal value and export-price) for each exporter's importer or customer
by the total number of units the exporter sold to that importer or
customer. We will direct CBP to assess the resulting per-unit dollar
amount against each unit of merchandise in each of that importer's/
customer's entries during the review period.
Constructed Export Price Sales
For constructed-export-price sales, we divided the total dumping
margins for the reviewed sales by the total entered value of those
reviewed sales for each importer. We will direct CBP to assess the
resulting assessment rate against the entered customs values for the
subject merchandise on each of that importer's entries during the
review period. See 19 CFR 351.212(b).
Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of these final results of review for all shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be the rate established in the final results of this
review (i.e., Baoding Mantong) (except that if the rate for a
particular company is de minimis, i.e., less than 0.5 percent, no cash
deposit will be required for that company); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 155.89 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this period of review. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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 violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 9, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Valuation of Liquid Chlorine
Comment 2: Valuation of Liquid Ammonia
Comment 3: Valuation of Formaldehyde
Comment 4: Valuation of Steam Coal
Comment 5: Valuations of By-Products
Comment 6: Valuation of Surrogate Financial Ratios
Comment 7: Implementation of Verification Findings
Comment 8: Import Data Extracted in Incorrect Currency
Comment 9: Errors in the Calculations of Surrogate Values for
Packing Materials
[FR Doc. 2012-25595 Filed 10-17-12; 8:45 am]
BILLING CODE 3510-DS-P