[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]


-----------------------------------------------------------------------

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