[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20891-20893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08108]


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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; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


DATES:  Effective Date: April 8, 2013.
SUMMARY: On December 6, 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 gave interested 
parties an opportunity to comment on the preliminary results. Based 
upon our analysis of the comments received by the parties we have not 
made any changes to the antidumping duty rate assigned to the PRC-wide 
entity, which includes the sole company subject to this review, Baoding 
Mantong Fine Chemistry Co. Ltd. (Baoding Mantong), and are rescinding 
the review with respect to companies for which this review was 
initiated but had not previously received a separate rate status, for 
the final results.\2\
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    \1\ See 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, 77 FR 72817 (December 6, 2012) (Preliminary Results), and 
accompanying 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 December 6, 2012 (Preliminary Decision 
Memorandum).
    \2\ We preliminarily rescinded this review with respect to 25 
other companies after GEO Specialty Chemicals, Inc. (GEO) submitted 
a timely request to withdraw its request for review of these 
companies. See Preliminary Results, 77 FR at 72817.

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-
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7924 or (202) 482-0405, respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    The period of review is March 1, 2011, through February 29, 2012.

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.\3\ 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

[[Page 20892]]

product description of the scope of the order is dispositive.\4\
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    \3\ See Preliminary Decision Memorandum for a complete 
description of the scope of the order.
    \4\ See Antidumping Duty Order: Glycine From the People's 
Republic of China, 60 FR 16116 (March 29, 1995).
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Background

    On December 6, 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. On 
January 7, 2013, Glycine & More, Inc. (Glycine & More), an affiliate of 
Baoding Mantong and U.S. importer of glycine, timely submitted a case 
brief commenting on our Preliminary Results. Domestic interested party 
GEO timely submitted rebuttal comments on January 14, 2013. We have 
analyzed the comments received and made no revisions to the preliminary 
antidumping duty rate assigned to the PRC-wide entity, including 
Baoding Mantong.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties in this review are addressed in the Memorandum to Paul Piquado, 
Assistant Secretary for Import Administration, from Edward C. Yang, 
Senior Director China/Non-Market Economy Unit, entitled, ``Issues and 
Decision Memorandum for the Final Results in the Antidumping Duty 
Administrative Review of Glycine From the People's Republic of China'' 
(Final 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 Final Decision Memorandum is attached to 
this notice as an Appendix. The Final 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://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 Final Decision Memorandum can be 
accessed directly on the internet at http://www.trade.gov/ia/. The 
signed Final Decision Memorandum and the electronic versions of the 
Final Decision Memorandum are identical in content.

Rescission of Review in Part and PRC-Wide Entity

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the initiation notice of the requested review. As stated 
in the Preliminary Results, for 25 of the 26 companies for which the 
Department initiated this administrative review, GEO was the only party 
that requested the review. On July 30, 2012, GEO timely withdrew its 
review requests for all 26 companies. Therefore, with the exception of 
Baoding Mantong, which requested its own review and is the sole 
mandatory respondent in this proceeding, the Department preliminary 
rescinded the review for all other companies named in the Initiation 
Notice.\5\
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    \5\ See Appendix II for a list of these companies.
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    For these final results, the Department is rescinding the review 
with respect to companies on which this review was initiated but had 
not previously received a separate rate status. As described above, GEO 
withdrew its review request covering these companies. While the review 
request was withdrawn in a timely manner, these companies have not 
previously received separate rate status and, as such, remain part of 
the PRC-wide entity. The Department did not rescind this review at the 
time of the preliminary results for those companies that had not timely 
withdrawn their request for review nor established their eligibility 
for a separate rate in this review, i.e., Baoding Mantong, and are 
considered part of the PRC-wide entity which is under review.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from parties 
regarding our Preliminary Results, we have made no changes the 
antidumping duty rate assigned to the PRC-wide entity, including 
Baoding Mantong, in these final results of review.

Final Results of the Review

    The Department has determined that the following weighted-average 
dumping margin exists for the period March 1, 2011, through February 
29, 2012:

------------------------------------------------------------------------
                        Exporter                              Margin
------------------------------------------------------------------------
PRC-wide entity (including Baoding Mantong Fine                  453.79%
 Chemistry Co., Ltd.)...................................
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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. We will instruct CBP to liquidate entries of subject 
merchandise exported by the PRC-wide entity at the ad valorem rate of 
453.79 percent of entered value.
    The Department previously announced a refinement to its assessment 
practice in non-market economy (NME) cases.\6\ 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 exporter's rate) will be liquidated at the NME-wide rate.\7\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \7\ Id. at 65694.
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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 PRC-wide entity (including Baoding 
Mantong), the cash deposit rate will be the rate 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 exporter-specific rate; (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 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 exporters that supplied 
that non-PRC exporter. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

[[Page 20893]]

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: April 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Baoding Mantong's Untimely Withdrawal of Review Request 
and Rescission of the Administrative Review with Respect to Baoding 
Mantong
Comment 2: The Department's Selection of the Adverse Facts Available 
Margin for Baoding Mantong

Appendix II

Companies Without Previous Separate Rates Status for Which the Review 
Request Was Withdrawn

1. A&A Pharmachem Inc.
2. Advance Exports
3. AICO Laboratories India Ltd.
4. Avid Organics Pvt. Ltd.
5. Chiyuen International Trading Ltd.
6. E-Heng Import and Export Co., Ltd.
7. General Ingredient Inc.
8. Hebei Donghua Chemical General Corporation
9. Hebei Donghua Jiheng Fine Chemical Co., Ltd.
10. Jiangsu Dongchang Chemical
11. Jizhou City Huayang Chemical Co., Ltd.
12. Kissner Milling Co. Ltd.
13. Nantong Dongchang Chemical Industrial Co. Ltd.
14. Ningbo Create-Bio Engineering Co. Ltd.
15. Nutracare International
16. Paras Intermediates Pvt. Ltd.
17. Qingdao Samin Chemical Co., Ltd.
18. Ravi Industries
19. Salvi Chemical Industries
20. Shanghai Waseta International Trading
21. Showa Denko K.K.
22. Tianjin Tiancheng Pharmaceutical Company
23. Wisent Pharma Inc.
24. XPAC Technologies Inc.
25. Yuki Gosei Kogyo Co., Ltd.

[FR Doc. 2013-08108 Filed 4-5-13; 8:45 am]
BILLING CODE 3510-DS-P