[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41121-41123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19563]
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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 8, 2009, the Department of Commerce (``Department'')
published the preliminary results of the 2007-2008 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,
74 FR 15930 (April 8, 2009) (``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
[[Page 41122]]
for the final results. We find that certain manufacturers/exporters
sold subject merchandise at less than normal value during the period of
review (``POR''), i.e., March 1, 2007, through February 29, 2008.
EFFECTIVE DATE: August 14, 2009.
FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Dena Crossland,
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-
3019 or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events have occurred subsequent to the publication of
the Preliminary Results. On April 28, 2009, Geo Specialty Chemicals
Inc. (``GSC''), a domestic interested party, and respondent, Baoding
Mantong Fine Chemistry Co., Ltd. (``Baoding Mantong''), submitted
additional surrogate value (``SV'') information for the Department to
consider for these final results. On May 8, 2009, GSC submitted
comments on Baoding Mantong's April 28, 2009, SV submission and
requested a hearing. On May 8, 2009, GSC and Baoding Mantong timely
submitted case briefs. On May 13, 2009, GSC and Baoding Mantong timely
submitted rebuttal briefs. On May 19, 2009, GSC withdrew its request
for hearing. At the request of both parties, the Department met
separately with counsel for Baoding Mantong and counsel for GSC on May
28, 2009. See Memoranda to the File from Dena Crossland, Analyst,
through Angelica L. Mendoza, Program Manager, Office 7, Regarding the
Antidumping Duty Administrative Review of the Order on Glycine from the
People's Republic of China: Meeting with Counsel for Domestic
Interested Party, dated May 29, 2009; and Meeting with Counsel for
Respondent, dated May 29, 2009.
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 subheading is provided for convenience and Customs
purposes, the written description of the merchandise subject to the
order is dispositive.
Analysis of Comments Received
All issues raised in the briefs and rebuttal briefs are addressed
in the ``Issues and Decision Memorandum for the Final Results of the
2007-2008 Antidumping Duty Administrative Review: Glycine from the
People's Republic of China'' from John M. Andersen, Acting Deputy
Assistant Secretary, to Ronald K. Lorentzen, Acting Assistant
Secretary, dated August 6, 2009 (``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
rebuttal briefs and the corresponding recommendations in this public
memorandum, which is on file in the Central Records Unit, room 1117 of
the main Department building. In addition, a complete version of the
I&D Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. 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, 74 FR at 15933. 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'') did not participate in the
administrative review and, thus, did not demonstrate its entitlement to
a separate rate. Id. at 15933-34. Accordingly, for these final results,
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 did not participate 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, 74 FR
at 15934. The Department did not receive any comments regarding its
preliminary application of AFA to the PRC-wide entity. See Preliminary
Results, 74 FR at 15933-35. 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.
In particular, we have made modifications to our selection of
certain SVs used in the Preliminary Results. The values that were
modified for these final results are those for formaldehyde, steam
coal, and chlorine. For further details, see the accompanying I&D Memo
at Comments 3, 5, and 6.
We determine that the following antidumping duty margins exist for
the period of March 1, 2007, through February 29, 2008:
Final Results of Review
------------------------------------------------------------------------
Exporter Margin
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd..................... 33.67[perc
nt]
PRC-Wide Rate (including Nantong Dongchang Chemical Industry 155.89[per
Corporation)............................................... cnt]
------------------------------------------------------------------------
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.
[[Page 41123]]
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 (including Nantong Dongchang) 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.
Dated: August 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Value for Sulfur
Comment 3: Surrogate Value for Formaldehyde
Comment 4: Surrogate Value for Liquid Ammonia
Comment 5: Surrogate Value for Steam Coal
Comment 6: Surrogate Value for Chlorine
Comment 7: Comments on Draft U.S. Customs and Border (``CBP'')
Instructions
[FR Doc. E9-19563 Filed 8-13-09; 8:45 am]
BILLING CODE 3510-DS-S