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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95180-95181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28150]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]

Glycine From India: Final Results of the Countervailing Duty 
Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to Kumar Industries, India 
(Kumar), a producer and exporter of glycine from India during the 
period of review (POR) January 1, 2022, through December 31, 2022.

DATES: Applicable December 2, 2024.

FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or Amber Hodak 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) 482-4275 or (202) 482-8034, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 5, 2024, Commerce published the Preliminary Results of this 
administrative review.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On 
November 12, 2024, Commerce extended the deadline for these final 
results to November 19, 2024.\3\ On November 18, 2024, Commerce further 
extended the deadline for these final results by an additional three 
days, to November 22, 2024.\4\ We received timely filed case and 
rebuttal briefs from Deer Park Glycine, LLC (the petitioner) and 
Kumar.\5\ For a complete 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 and Partial 
Rescission of the Countervailing Duty Administrative Review; 2022, 
89 FR 55550 (July 5, 2024) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated November 12, 
2024.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated November 18, 
2024.
    \5\ See Petitioner's Letter, ``Case Brief of Deer Park Glycine, 
LLC,'' dated August 5, 2024; see also Kumar's Letter, ``Rebuttal 
Brief,'' dated August 12, 2024.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Glycine from India; 2022,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order 7
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    \7\ See Glycine from India and the People's Republic of China: 
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
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    The merchandise covered by the Order is glycine from India. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\8\
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    \8\ Id. at 2.
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Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
attached as an 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.aspx.

Changes Since the Preliminary Results

    Based on the arguments raised and a review of the record and all 
supporting documentation, we made certain changes to the Preliminary 
Results. For a full description of these revisions, see the Issues and 
Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, Commerce 
finds that there is a subsidy, i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\9\ For a full description of the methodology 
underlying our conclusions, including any determination that relied 
upon the use of adverse facts available pursuant to section 776(a) and 
(b) of the Act, see the accompanying Issues and Decision Memorandum.
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    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
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Final Results of Review

    Commerce determines that the following countervailable subsidy rate 
exists for the period January 1, 2022, through December 31, 2022:\10\
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    \10\ As discussed in the Preliminary Results and Issues and 
Decision Memorandum, Commerce has found the following companies to 
be cross-owned with Kumar Industries, India: Advance Chemical 
Corporation, Rexisize Rasayan Industries, and Reliance Corporation.

------------------------------------------------------------------------
                                                                Subsidy
                                                                 rate
                           Company                             (percent
                                                                  ad
                                                               valorem)
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Kumar Industries, India; Advance Chemical Corporation;              6.03
 Rexisize Rasayan Industries; Reliance Corporation..........
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to

[[Page 95181]]

interested parties for these final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to sections 751(a)(1) and (a)(2)(C) of the act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries for the above-listed companies at the applicable ad valorem 
assessment rates. Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the publication of the final results 
of this review in the Federal Register. 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 statutory injunction has expired (i.e., within 90 
days of publication).

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 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, we will instruct CBP 
to continue to collect cash deposits of estimated countervailing duties 
at the all-others rate or the most recent company-specific rate 
applicable to the company, as appropriate. These cash deposit 
instructions, effective upon publication of these final results, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
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.

Notification to Interested Parties

    Commerce is issuing the final results and publishing this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to Kumar
    Comment 2: Whether Kumar Violated 18 U.S.C. 1001
VIII. Recommendation

[FR Doc. 2024-28150 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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