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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9320-9321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02458]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-878]

Glycine From Japan: Notice of Amended Final Results of 
Antidumping Duty Administrative Review Pursuant to Settlement; 2018-
2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) is issuing these 
amended final results pursuant to a settlement agreement with Nagase & 
Co., Ltd. (Nagase) with respect to the final results of the 
administrative review of glycine from Japan during the period of review 
(POR) October 31, 2018, through May 31, 2020.

DATES: Applicable February 11, 2025.

FOR FURTHER INFORMATION CONTACT: John K. Drury, 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) 482-0195.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2021, Commerce published the final results of the 
2018-2020 administrative review of the antidumping duty (AD) order on 
glycine from Japan.\1\ In the Final Results, Commerce calculated a 
weighted-average dumping margin of 27.71 percent for Nagase for the 
POR.\2\
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    \1\ See Glycine from Japan: Final Results of Antidumping Duty 
Administrative Review; 2018-2020, 86 FR 53946 (September 29, 2021), 
and accompanying Issues and Decision Memorandum (IDM); and Glycine 
from Japan: Final Results of Administrative Review; 2018-2020; 
Correction, 86 FR 57127 (October 14, 2021) (collectively, Final 
Results).
    \2\ Id.
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    Following the publication of the Final Results, Nagase filed a 
lawsuit with the U.S. Court of International Trade (CIT) challenging 
certain aspects of Commerce's Final Results, including: (1) Commerce's 
inclusion of certain research and development (R&D) expenses unrelated 
to Nagase's costs of producing glycine; (2) Commerce's inclusion of 
compensation for payment expenses; and (3) Commerce's refusal to modify 
the importer-specific AD assessment rate calculated for Nagase's 
affiliated importer. On April 11, 2023, the CIT sustained, in part, and 
remanded, in part, Commerce's final results.\3\ Commerce filed its 
remand redetermination on August 9, 2023. In its remand 
redetermination, Commerce modified its treatment of the R&D expenses at 
issue and made no changes to its calculation methodology of the 
importer-specific AD assessment rate for Nagase's affiliated 
importer.\4\ The CIT sustained Commerce's redetermination on July 30, 
2024.\5\ On October 2, 2024, Nagase appealed the decision to the U.S. 
Court of Appeals for the Federal Circuit (Federal Circuit).
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    \3\ See Nagase & Co. v. US, 628 F.Supp.3d 1326 (CIT 2023).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Nagase & Co. v. US, Court No. 21-00574, Slip Op. 23-46 (CIT 
April 11, 2023), dated August 8, 2023, available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \5\ See Nagase & Co., Ltd. v. US, 719 F.Supp.3d 1343 (CIT 2024).
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    On January 30, 2025, the United States and Nagase entered into an 
agreement to settle this dispute. Pursuant to the terms of settlement, 
the parties have agreed to a final assessment as discussed below. The 
Federal Circuit issued its order dismissing the appeal on February 3, 
2025.\6\
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    \6\ See Nagase & Co., Ltd. v. US, CAFC 2025-1008, ECF No. 22, 
Order of Dismissal (February 3, 2025).
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Assessment Rates

    Consistent with the settlement agreement and the order of 
dismissal, issued on February 3, 2025, Commerce will instruct U.S. 
Customs and Border Protection (CBP) to liquidate all unliquidated 
entries produced by Yuki Gosei Kogyo Co., Ltd., exported by Nagase, and 
imported by Nagase America LLC or Nagase America Corporation at the 
rate at which cash deposits were collected at the time of entry during 
the 2018-2020 period of review and otherwise to liquidate entries of 
glycine produced by Yuki Gosei Kogyo Co., Ltd., exported by Yuki Gosei 
Kogyo Co., Ltd. or Nagase, and imported by an unaffiliated importer 
(i.e., an importer other than Nagase America LLC or Nagase America 
Corporation) at the importer-specific assessment rate determined by 
Commerce in the Final Results.
    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and CBP shall assess, antidumping duties on all appropriate

[[Page 9321]]

entries of subject merchandise in accordance with these revised final 
results of review.

Cash Deposit Requirements

    Because Nagase has a superseding cash deposit rate, i.e., there 
have been final results published in a subsequent administrative 
review, we are not revising the cash deposit rate and will not issue 
revised cash deposit instructions to CBP.

Notification to Interested Parties

    We are issuing this determination and publishing these amended 
final results and notice in accordance with section 516(a)(e) of the 
Act.

    Dated: February 5, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-02458 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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