[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55814-55816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22714]
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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.
SUMMARY: On April 4, 2008, the Department of Commerce (``Department'')
published the preliminary results and partial rescission of the 2006-
2007 administrative review of the antidumping duty order on glycine
from the People's Republic of China (``PRC''). See Glycine from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission, 73 FR 18503 (April 4,
2008) (``Preliminary Results''). We gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments and information received, we made changes to
the margin calculation for the final results. We find that certain
manufacturers/exporters sold subject merchandise at less than normal
value during the period of review (``POR'') March 1, 2006, through
February 28, 2007.
DATES: Effective Date: September 26, 2008.
FOR FURTHER INFORMATION CONTACT: Erin Begnal or Toni Dach, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1442 or (202) 482-1655, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events have occurred subsequent to the publication of
the Preliminary Results. On April 10, 2008, the Department issued
Baoding Mantong Fine Chemistry Co., Ltd. (``Baoding Mantong) a
supplemental questionnaire, and Baoding Mantong submitted its response
to the Department's supplemental questionnaire on April 17, 2008. On
April 24, 2008, the Department extended the deadline for submitting
surrogate value (``SV'') information, and for submitting case briefs
and rebuttal briefs. On April 30, 2008, the Department further extended
the deadline for submitting case briefs and rebuttal briefs.
On May 8, 2008, parties submitted SV comments, and on May 19, 2008,
Geo Specialty Chemicals Inc. (``Petitioner'') submitted rebuttal
comments. On May 19, 2008, Baoding Mantong submitted its case brief,
and on May 28, 2008, Petitioner submitted its case brief. On June 3,
2008, Baoding Mantong submitted its rebuttal brief, and on June 4,
2008, Petitioner submitted its rebuttal brief. On June 18, 2008, the
Department rejected Baoding Mantong's rebuttal brief for containing new
factual information, which Baoding Mantong resubmitted on June 19,
2008. On July 15, 2008, we extended the time limit for the completion
of the final results of this review by thirty days until September 2,
2008. See Notice of Extension of Time Limit for Final Results of the
Antidumping Duty Administrative Review: Glycine from the People's
Republic of China, 73 FR 40480 (July 15, 2008). On August 29, 2008, we
extended the time limit for completion of the final results by an extra
17 days until September 19, 2008. See Notice of Extension of Time Limit
for Final Results of the Antidumping Duty Administrative Review:
Glycine from the People's Republic of China, 73 FR 50939 (August 29,
2008). 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
[[Page 55815]]
subheading is provided for convenience and Customs purposes, the
written description of the merchandise under the order is dispositive.
Analysis of Comments Received
All issues raised in the briefs are addressed in the Issues and
Decision Memorandum for the Final Results in the 2006-2007
Administrative Review of Glycine from the People's Republic of China
from Stephen J. Claeys, Deputy Assistant Secretary, to David M.
Spooner, Assistant Secretary, dated September 19, 2008, (``I&D Memo''),
which is hereby adopted by this notice. A list of the issues raised,
all of which are addressed in the I&D Memo, is attached to this notice
as Appendix I. Parties can find a complete discussion of all issues
raised in the briefs and the corresponding recommendations in this
public memorandum, which is on file in the Central Records Unit
(``CRU''), room 1117 of the Department of Commerce. In addition, a
complete version of the I&D Memo can be accessed directly on the Web at
http://trade.gov/ia. The paper copy and electronic version of the I&D
Memo are identical in content.
Separate Rates
Baoding Mantong requested a separate, company-specific antidumping
duty rate. In the Preliminary Results, we found that Baoding Mantong
met the criteria for the application of a separate antidumping duty
rate. Preliminary Results, 73 FR at 18505. Therefore, the Department
has applied a rate to Baoding Mantong separate from the rate
established for the PRC-wide entity. Also in the Preliminary Results,
the Department found that Nantong Dongchang Chemical Industry
Corporation (``Nantong Dongchang'') ceased to participate in the
administrative review without having demonstrated its entitlement to a
separate rate. Id. Accordingly, Nantong Dongchang does not qualify for
separate rate status, but rather is appropriately considered to be part
of the PRC-wide entity which is assigned a rate of 155.89 percent based
on facts otherwise available with an adverse inference (``AFA''). Id.
The Department did not receive comments on this issue prior to these
final results.
Use of Facts Otherwise Available and the PRC-Wide Rate
As noted above, the Department found that Nantong Dongchang did not
establish its eligibility for separate rate status, and thus is deemed
to be part of the PRC-wide entity. Also, in the Preliminary Results,
the Department noted that Nantong Dongchang ceased participating in the
administrative review, and did not respond to any portions of the
Department's questionnaires. As the Department found that the PRC-wide
entity, which includes Nantong Dongchang, failed to cooperate to the
best of its ability in responding to the Department's requests for
information and thereby impeded the Department's proceeding, the
Department assigned the PRC-wide entity a rate based on AFA pursuant to
sections 776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff
Act of 1930, as amended (``the Act''). See Preliminary Results at 73 FR
at 18506. The Department did not receive any comments regarding its
preliminary application of AFA to the PRC-wide entity. See Preliminary
Results, 73 FR at 18505-18507. Therefore, for these final results, the
Department has not altered its analysis or decision to apply total AFA
to the PRC-wide entity.
Changes Since the Preliminary Results
Based on our analysis of information on the record of this review,
and comments received from the interested parties, we have made changes
to the margin calculations for Baoding Mantong.
We have made modifications to our selecetion of certain SVs used in
the Preliminary Results. The values that were modified for these final
results are those for steam coal, acetic acid, liquid chlorine, and the
surrogate financial ratios. For further details see I&D Memo at
Comments 1, 2, 4, and 5, and Memorandum to the File through Scot T.
Fullerton, Program Manager, Office 9 from Toni Dach, International
Trade Analyst, Office 9, regarding, ``Administrative Review of Glycine
from the People's Republic of China: Surrogate Values for the Final
Results,'' dated September 19, 2008.
We determine that the following antidumping duty margins exist for
the period of March 1, 2006, through February 28, 2007:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd..................... 52.02
PRC-Wide Rate (including Nantong Dongchang Chemical Industry 155.89
Corporation)...............................................
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), the Department will 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 these
final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of glycine from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) For Baoding Mantong,
which has a separate rate, the cash deposit rate will be the company-
specific rate shown above; (2) for previously reviewed or investigated
companies not listed above that have a separate rate, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) the cash deposit rate for all other PRC
exporters will be 155.89 percent, the current PRC-wide rate; and (4)
the cash deposit rate for all non-PRC exporters will be the rate
applicable to the PRC exporter that supplied that exporter. These cash
deposit requirements shall remain in effect until further notice.
Notification to Interested Parties
This notice serves as the 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This notice of final results is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 55816]]
Dated: September 19, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
List of Issues
Comment 1: Surrogate Value for Steam Coal.
Comment 2: Surrogate Value for Acetic Acid.
Comment 3: Surrogate Value for Ammonia.
Comment 4: Surrogate Financial Ratios.
Comment 5: Surrogate Value for Chlorine.
Comment 6: Surrogate Value for Truck Freight.
[FR Doc. E8-22714 Filed 9-25-08; 8:45 am]
BILLING CODE 3510-DS-P