[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2761-2763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00954]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]


Glycine From India: Final Results of Countervailing Duty 
Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of glycine from India during the period of review (POR), September 4, 
2018, through December 31, 2019.

DATES: Applicable January 19, 2022.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0698.

SUPPLEMENTARY INFORMATION:

Background

    On July 16, 2021, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ On October 21, 
2021, Commerce extended the final results of review by 60 days, until 
January 12, 2022.\2\ On November 16, 2021, Commerce issued a post-
preliminary decision.\3\ We invited parties to comment on the 
Preliminary Results and on the Post-Preliminary Decision. On November 
29 and 30, 2021, case briefs were timely filed by GEO Specialty 
Chemicals, Inc. (the petitioner), Avid Organics Private Limited (Avid), 
and Kumar Industries, India (Kumar).\4\ On December 6, 2021, timely 
rebuttal briefs were submitted to Commerce by the petitioner, Avid, 
Kumar and Paras Intermediates Private Limited (Paras).\5\ For a full 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\6\
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    \1\ See Glycine from India: Preliminary Results of the 
Countervailing Duty Administrative Review; 2018-2019, 86 FR 37738 
(July 16, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Glycine from India: Extension of Time 
Limit for Final Results of Countervailing Duty Administrative 
Review,'' dated October 21, 2021.
    \3\ See Memorandum, ``Countervailing Duty Administrative Review 
of Glycine from India, 2018-2019: Post-Preliminary Decision,'' dated 
November 16, 2021 (Post-Preliminary Decision).
    \4\ See Petitioner's Letter, ``Glycine from India: GEO Specialty 
Chemical's Case Brief,'' dated November 29, 2021; Avid's Letter, 
``Glycine from India: Case Brief--Avid Organic's Pvt. Ltd.,'' dated 
November 29, 2021; and Kumar's Letter, ``Certain Glycine from India 
(C-533-884) Kumar Industries--Case Brief,'' dated November 30, 2021.
    \5\ See Petitioner's Letter, ``Glycine from India: GEO Specialty 
Chemicals' Rebuttal Brief,'' dated December 6, 2021; Avid's Letter, 
``Glycine from India: Rebuttal Brief--Avid Organics Pvt. Ltd.,'' 
dated December 6, 2021; Kumar's Letter, ``Certain Glycine from India 
(C-533-884) Kumar Industries--Rebuttal Brief,'' dated December 6, 
2021; and Paras' Letter, ``Paras Intermediates Private Limited 
(``Paras'') Administrative Rebuttal Brief: Countervailing Duty 
Investigation on Glycine from India,'' dated December 6, 2021.
    \6\ See Memorandum, ``Glycine from India: Issues and Decision 
Memorandum for the Final Results of Countervailing Duty 
Administrative Review; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is glycine from India. For the 
complete description of the scope of the order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties, and

[[Page 2762]]

to which Commerce responded in the Issues and Decision Memorandum, is 
provided in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the net subsidy rates calculated 
for Avid and Kumar, and for companies not selected for individual 
review. These changes are explained in the Issues and Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and the subsidy is specific.\7\ For 
a full description of the methodology underlying all of Commerce's 
conclusions, see the Issues and Decision Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review

    For the companies not selected for individual examination, because 
the rates calculated for Avid and Kumar are above de minimis and not 
based entirely on facts available, we applied a subsidy rate based on a 
weighted-average of the subsidy rates calculated for Avid and Kumar 
using publicly ranged sales data submitted by the respondents.\8\ This 
is consistent with the methodology that we would use in an 
investigation to establish the all-others rate, pursuant to section 
705(c)(5)(A) of the Act.
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    \8\ See Memorandum, ``Final Results Calculation of Subsidy Rate 
for Non-Examined Companies Under Review,'' dated concurrently with 
this notice.
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Final Results of Administrative Review

    We determine the following net countervailable subsidy rates for 
the period September 4, 2018, through December 31, 2019:

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                                                                   2018 Subsidy rate        2019 Subsidy Rate
                            Company                               (percent ad valorem)     (percent ad valorem)
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Avid Organics Private Limited.................................                     5.01                     5.16
Kumar Industries (India)......................................                    11.81                     3.75
Mulji Mehta Enterprises.......................................                     3.92                     4.35
Mulji Mehta Pharma............................................                     3.92                     4.35
Paras Intermediates Private Limited...........................                     3.92                     4.35
Rudraa International..........................................                     3.92                     4.35
Studio Disrupt................................................                     3.92                     4.35
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Disclosure

    Commerce will disclose to the parties in this proceeding the 
calculations performed for these final results of review within five 
days of the date of publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register.\9\ If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the companies listed above on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review. For all non-reviewed firms, 
Commerce will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposit requirements, effective upon publication of these final 
results, shall remain in effect until further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
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.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies Under Review

[[Page 2763]]

V. Changes Since the Preliminary Results
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Calculation of a Single Rate for the Period of Review 
Covering 2018 and 2019
    Comment 2: Application of Adverse Facts Available (AFA) to Kumar
    Comment 3: Pre- and Post-Shipment Finance Program: Interest Rate 
Benchmark for Kumar
    Comment 4: Interest Equalization Scheme on Pre- and Post-
Shipment Rupee-Denominated Export Credit Program: Sales Denominator 
for Kumar
    Comment 5: Duty Drawback Program: Benefit Calculation for Avid
    Comment 6: Interest Subsidy Under Scheme for Assistance of 
Micro, Small, and Medium-sized Enterprises (MSMEs) as per Gujarat 
Industrial Policy 2009: Benefit Calculation for Avid
    Comment 7: Export Promotion Capital Goods Scheme: Benefit 
Calculation for Avid
IX. Recommendation

[FR Doc. 2022-00954 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-DS-P