[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73837-73838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29337]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Final Rescission of
Antidumping Duty New Shipper Review; 2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On August 23, 2013, the Department of Commerce (the
Department) published its Preliminary Rescission for the new shipper
review of the antidumping duty order on glycine from the People's
Republic of China (PRC) covering the period of review March 1, 2012,
through August 31, 2012, for Hebei Donghua Jiheng Fine Chemical
Company, Ltd. (Donghua Fine Chemical).\1\ For these final results, we
continue to find that, because Donghua Fine Chemical appears to be
affiliated with PRC-companies that have had prior shipments of subject
merchandise to the United States, it has therefore failed to certify to
its first U.S. entry, U.S. shipment, and U.S. sale, as required under
19 CFR 351.214(b)(2)(iv)(A) and (C). We also continue to find that
Donghua Fine Chemical failed to report its first U.S. entry and/or U.S.
shipment within one year of its request for a new shipper review, thus
failing to satisfy the deadline requirements of 19 CFR 351.214(c).
Because Donghua Fine Chemical's request did not satisfy the regulatory
requirements for a new shipper review, we are rescinding the new
shipper for Donghua Fine Chemical.
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\1\ See Glycine from the People's Republic of China: Preliminary
Rescission of Antidumping Duty New Shipper Review; 2012, 78 FR 52501
(August 23, 2013) (Preliminary Rescission).
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DATES: Effective Date: December 9, 2013.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/
CVD Operations, Office VI, Enforcement and Compliance, 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:
Period of Review
The new shipper review covers Hebei Donghua Jiheng Fine Chemical
Company, Ltd. (Donghua Fine Chemical) for the period of review March 1,
2012, through August 31, 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. 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\
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\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding, ``Issues and Decision Memorandum for the Final Rescission
of the Antidumping Duty New Shipper Reviews of Glycine from the
People's Republic of China'' (Final Decision Memorandum), dated
concurrently with these results and hereby adopted by this notice,
for a complete description of the scope of the order; see also
Antidumping Duty Order: Glycine From the People's Republic of China,
60 FR 16116 (March 29, 1995).
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Tolling Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, we have exercised our discretion to toll
deadlines for the duration of the closure of the Federal Government
from October 1, through October 16, 2013. Therefore, all deadlines in
this segment of the proceeding have been extended by 16 days. If the
new deadline falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business day.
Accordingly, the revised deadline for the final results of this review
is now December 2, 2013.\3\
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Methodology
We have conducted this new shipper review in accordance with
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.214. For a full description of the methodology
underlying our conclusions, please see Final Decision Memorandum and
Proprietary Analysis Memorandum,\4\ both dated concurrently with, and
hereby adopted by, this notice.
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\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, regarding ``Proprietary Analysis
Memorandum for the Final Rescission of the Antidumping Duty New
Shipper Review of Glycine from the People's Republic of China''
(Proprietary Analysis Memorandum) dated concurrently with these
results and hereby adopted by this notice, as much of the discussion
is proprietary in nature.
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[[Page 73838]]
Final Rescission of Donghua Fine Chemical
As we have explained in the Final Decision Memorandum and the
Proprietary Analysis Memorandum, we continue to find that, because
Donghua Fine Chemical appears to be affiliated with PRC-companies that
have had prior shipments of subject merchandise to the United States,
it has therefore failed to certify to its first U.S. entry, its first
U.S. shipment, and its first U.S. sale, as required by 19 CFR
351.214(b)(2)(iv)(A) and (C).\5\ We also continue to find that Donghua
Fine Chemical failed to report its first U.S. entry and/or U.S.
shipment within one year of its request for a new shipper review, thus
failing to satisfy the deadline requirements of 19 CFR 351.214(c). As a
result, we are rescinding the new shipper review of Donghua Fine
Chemical.
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\5\ See Final Decision Memorandum; see also Proprietary Analysis
Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Final Decision Memorandum and Proprietary Analysis Memorandum, both
dated concurrently with, and hereby adopted by, this notice. A list of
the issues raised in the briefs and addressed in the Final Decision
Memorandum is appended to this notice. The Final Decision Memorandum is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Final Decision Memorandum can be
accessed directly at http://enforcement.trade.gov/frn/. The signed
Final Decision Memorandum and the electronic versions of the Final
Decision Memorandum are identical in content.
Cash Deposit Requirements
Effective upon publication of the final rescission of the new
shipper review of Donghua Fine Chemical, we will instruct U.S. Customs
and Border Protection (CBP) to discontinue the option of posting a bond
or security in lieu of a cash deposit for entries of subject
merchandise by Donghua Fine Chemical. Cash deposits will be required
for exports of subject merchandise by Donghua Fine Chemical entered, or
withdrawn from warehouse, for consumption on or after the publication
date at the ad valorem PRC-wide rate, 453.79 percent.
Assessment Instructions
As a result of the rescission of the new shipper review of Donghua
Fine Chemical, the entries of subject merchandise made by Donghua Fine
Chemical covered by this new shipper review will be reviewed in 2012-
2013 administrative review. Because the period of review (POR) of the
administrative review coincides with the POR of this new shipper
review, we will assess Donghua Fine Chemical's entries and issue
liquidation instructions for Donghua Fine Chemical's entries upon
completion of the 2012-2013 administrative review. Accordingly, upon
completion of the 2012-2013 administrative review, we will instruct CBP
to assess antidumping duties on entries for Donghua Fine Chemical at
the appropriate rate determined in the final results of the 2012-2013
administrative review.
Notification to Importers
This notice serves as a 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This notice is issued and published in accordance with sections
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214.
Dated: December 2, 2013.
Paul Piquado
Assistant Secretary for Enforcement and Compliance.
List of Issues Addressed in the Final Decision Memorandum
Comment 1: Interpretation of the New Shipper Review Certification
Requirement
Comment 2: Affiliation Findings
Comment 3: Surrogate Values
[FR Doc. 2013-29337 Filed 12-6-13; 8:45 am]
BILLING CODE 3510-DS-P