[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63444-63445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26087]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Notice of Rescission
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2010, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty order on glycine from the People's
Republic of China (PRC). The review covers 32 producers/exporters of
glycine from the PRC. We are now rescinding this administrative review
in full.
DATES: Effective Date: October 15, 2010.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, 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-
3362 or (202) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2010, the Department published in the Federal Register
the notice of opportunity to request an administrative review of the
antidumping duty order on, inter alia, glycine from the PRC for the
period March 1, 2009, through February 28, 2010. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review, 75 FR 9162 (March 1,
2010). On March 31, 2010, the Department received a timely request from
GEO Specialty Chemicals, Inc. (GEO), a domestic producer of glycine,
that the Department conduct an administrative review of the antidumping
duty order on glycine from the PRC, covering 32 producers/exporters of
glycine from the PRC. On April 27, 2010, the Department published in
the Federal Register the notice of initiation of, inter alia, the 2009-
2010 administrative review of glycine from the PRC. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 75 FR 22107 (April 27, 2010) (Initiation).
On April 30, 2010, GEO submitted comments regarding the
Department's respondent selection process. On May 10, 2010, we received
a letter from Paras Intermediates Private Limited (Paras) informing the
Department that it is an Indian company that had no exports, sales, or
entries of PRC glycine to the United States during the POR.\1\ On May
20, 2010, the Department issued a memorandum providing an opportunity
for interested parties to comment on United States Customs and Border
Protection (CBP) information to be used by the Department in respondent
selection. On May 24, 2010, Baoding Mantong Fine Chemistry Co., Ltd.
(Baoding Mantong) \2\ submitted a letter and certification to the
Department advising the Department that Baoding Mantong ``did not sell,
ship, or export to the United States glycine subject to the above
referenced antidumping duty order during the POR.'' On May 26, 2010,
the Department issued a letter to Baoding Mantong requesting that it
refile its statement of no shipments and to certify, if appropriate,
that it had no exports, sales, or entries of subject merchandise during
the POR.\3\ On May 28, 2010, we received a properly filed letter from
Baoding Mantong stating that it did not sell, ship, or export, to the
United States, subject merchandise during the POR. On July 30, 2010,
GEO filed a letter withdrawing its request for review of the 32
companies for which the Department initiated this review.
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\1\ Paras is one of the 32 companies named by GEO in its March
31, 2010, letter to the Department. In its March 31, 2010, letter to
the Department, Paras also stated that all of Paras' exports of
glycine to the United States are manufactured by Paras, in India,
from monochloro acetic acid and ammonia.
\2\ Baoding Mantong is also one of the 32 companies named by GEO
in its March 31, 2010, letter to the Department.
\3\ The Department notes that the Initiation Notice states
``{u{time} nder 19 CFR 351.213(d)(3), the Department may rescind a
review where there are no exports, sales, or entries of subject
merchandise during the respective period of review (`POR') listed
below. If a producer or exporter named in this initiation notice had
no exports, sales, or entries during the POR, it should notify the
Department within 30 days of publication of this notice in the
Federal Register. The Department will consider rescinding the review
only if the producer or exporter, as appropriate, submits a properly
filed and timely statement certifying that it had no exports, sales,
or entries of subject merchandise during the POR.'' See 75 FR at
22107 (emphasis added). The Department found that Baoding Mantong
did not properly file its statement that it had no exports, sales,
or entries of subject merchandise during the POR in its original
certification (May, 24, 2010, letter to the Department).
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Period of Review
The period of review (POR) is March 1, 2009, through February 28,
2010.
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.
Rescission of Antidumping Duty Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review under this section, in whole or in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of notice of initiation of the requested
review, or withdraws at a later date if the Department determines it is
reasonable to extend the time limit for withdrawing the request. GEO
withdrew its review request after the 90-day deadline. However, the
Department finds it reasonable to extend the withdrawal deadline for
GEO because the Department has not yet devoted significant time or
resources to this review. As a result, in accordance with 19 CFR
351.213(d)(1), the Department is rescinding the administrative review
of all 32 companies.
Assessment Instructions
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For companies for which this review is
rescinded, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of this notice.
[[Page 63445]]
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 doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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 sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: October 7, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-26087 Filed 10-14-10; 8:45 am]
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