[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65669-65670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26671]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Notice of Initiation
of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received a
request for a new shipper review of the antidumping duty order on
glycine from the People's Republic of China (the PRC). See Antidumping
Duty Order: Glycine From the People's Republic of China, 60 FR 16115
(March 29, 1995) (Order). In accordance with section 751(a)(2)(B) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we
are initiating an antidumping duty new shipper review of Hebei Donghua
Jiheng Fine Chemical Co., Ltd. (Donghua Fine Chemical). The period of
review (POR) of this new shipper review is March 1, 2012, through
August 31, 2012.
DATES: Effective Date: October 30, 2012.
FOR FURTHER INFORMATION CONTACT: Brian Davis 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-
7924 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 29, 1995, the Department published the antidumping duty
order on glycine from the PRC. See Order. Thus, the antidumping duty
order on glycine from the PRC has a March anniversary month. On
September 28, 2012, the Department received a timely filed request for
a new shipper review from Donghua Fine Chemical and Hebei Donghua
Jiheng Chemical Co., Ltd. (Donghua Chemical). In its request for a
review, Donghua Fine Chemical identified itself as both a producer and
exporter of the subject merchandise and Donghua Chemical as a producer
who provided the input product that was further processed by Donghua
Fine Chemical to produce the subject merchandise that was exported to
the United States. Both Donghua Fine Chemical and Donghua Chemical
state that they are affiliates within the
[[Page 65670]]
meaning of the Department's affiliation rules.\1\
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\1\ See 771(33) of the Act and section 351.102(b)(3) of the
Department's Regulations.
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Pursuant to the requirements set forth in section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.214(b)(2), Donghua Fine Chemical certified that (1) it did not
export subject merchandise to the United States during the period of
investigation (POI) (see section 751(a)(2)(B)(i)(I) of the Act and 19
CFR 351.214(b)(2)(i)); and (2) since the initiation of the
investigation, it has never been affiliated with any company that
exported subject merchandise to the United States during the POI,
including those companies not individually examined during the
investigation (see section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A)). Furthermore, as required by 19 CFR
351.214(b)(2), Donghua Fine Chemical's supplier, Donghua Chemical,
provided certifications that (1) it did not export the subject
merchandise to the United States during the POI or at any time
following the POI and (2) since the initiation of the investigation,
they have never been affiliated with any company that exported subject
merchandise to the United States during the POI, including those
companies not individually examined during the investigation.
Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), Donghua Fine
Chemical submitted documentation establishing the following: (1) the
date on which it first shipped subject merchandise to the United
States; (2) the volume of its first shipment; and (3) the date of its
first sale to an unaffiliated purchaser for exportation to the United
States.
Initiation of Review
Based on information on the record and in accordance with section
751(a)(2)(B) of the Act, and 19 CFR 351.214(d), we find that the
request meets the statutory and regulatory requirements for initiation
of a new shipper review. See Memorandum to the File, through Angelica
L. Mendoza, Program Manager, Antidumping and Countervailing Duty
Operations, Office 7, regarding ``Initiation of the Antidumping Duty
New Shipper Review: Glycine from the People's Republic of China,''
dated October 23, 2012 (NSR Initiation Checklist). Accordingly, we are
initiating a new shipper review of the antidumping duty order on
glycine from the PRC exported by Donghua Fine Chemical, for the period
March 1, 2012, through August 31, 2012.
However, the Department has concerns with certain other information
contained within the entry data received from U.S. Customs and Border
Protection (CBP). Due to the business proprietary nature of this
information, please refer to the NSR Initiation Checklist for further
discussion. The Department intends to address this issue after
initiation of the new shipper review. If the Department subsequently
determines, based on information collected, that a new shipper review
for Donghua Fine Chemical is not warranted, the Department expects to
rescind the review or apply facts available pursuant to section 776 of
the Act, as appropriate.
We intend to issue the preliminary results of this review no later
than 180 days after the date on which this review is initiated, and the
final results within 90 days after the date on which we issue the
preliminary results. See section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(h)(i).
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
exported and produced by Donghua Fine Chemical in accordance with
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because
Donghua Fine Chemical certified that it exports the subject
merchandise, the sale of which forms the basis for its new shipper
review request, we will instruct CBP to permit the use of a bond only
for entries of subject merchandise which Donghua Fine Chemical
exported.
Interested parties may submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are issued and published in
accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: October 23, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-26671 Filed 10-29-12; 8:45 am]
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