[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72817-72818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29543]
[[Page 72817]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Partial
Rescission of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on glycine from the
People's Republic of China (the PRC). The period of review (POR) is
March 1, 2011, through February 29, 2012. The review covers one
exporter of subject merchandise, Baoding Mantong Fine Chemistry Co.
Ltd. (Baoding Mantong). We have preliminarily found that Baoding
Mantong has not cooperated to the best of its ability and has withheld
information, significantly impeding the proceeding. Therefore, we
preliminarily determine that we must rely on facts otherwise available,
with an adverse inference, in order to determine a weighted-average
dumping margin for Baoding Mantong.
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Ericka Ukrow, 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) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the antidumping duty order is glycine, which
is a free-flowing crystalline material, like salt or sugar.\1\ The
subject merchandise is currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheading: 2922.49.4020. The
HTSUS subheading is provided for convenience and customs purposes only;
the written product description of the scope of the order is
dispositive.\2\
---------------------------------------------------------------------------
\1\ See Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Partial
Rescission of Antidumping Duty Administrative Review: Glycine from
the People's Republic of China'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration, dated concurrently with this notice
(Preliminary Decision Memorandum), for a complete description of the
scope of the order.
\2\ See Antidumping Duty Order: Glycine from the People's
Republic of China, 60 FR 16116 (March 29, 1995).
---------------------------------------------------------------------------
Preliminary Partial Rescission of Review
With the exception of Baoding Mantong, the sole mandatory
respondent in this proceeding, we are preliminarily rescinding this
review for all other companies named in the Initiation Notice \3\
because while the review requests have been withdrawn in a timely
manner, these companies have not previously received separate rate
status and, as such, remain part of the PRC-wide entity.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
25401 (April 30, 2012) (Initiation Notice).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum, which is hereby adopted by this
notice. The Preliminary 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).
IA ACCESS is available to registered users at http://iaaccess.trade.gov
and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Dumping
Exporter margin
(percent)
------------------------------------------------------------------------
PRC-wide entity (including Baoding Mantong Fine Chemistry 453.79
Co., Ltd.)...............................................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed, if applicable,
for these preliminary results to the parties within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit written comments no later
than 30 days after the date of publication of these preliminary results
of review.\4\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\5\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\6\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.310(c).
\7\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any such comments, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. The Department recently
announced a refinement to its assessment practice in non-market economy
(NME) cases.\8\ Pursuant to this refinement in practice, for entries
that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that
[[Page 72818]]
exporter's rate) will be liquidated at the NME-wide rate.\9\
---------------------------------------------------------------------------
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement'').
\9\ See Assessment Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\10\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\10\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the PRC-wide
entity (including Baoding Mantong), the cash deposit rate will be that
established in the final results of this review; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity; 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
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary 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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Partial Rescission of Review
2. Separate Rates
3. Use of Facts Available and Adverse Facts Available
[FR Doc. 2012-29543 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P