[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35733-35735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14450]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-883]


Glycine From India: Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
producers or exporters subject to this administrative review made sales 
of subject merchandise at less than normal value during the period of 
review October 31, 2018, through May 31, 2020. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable July 7, 2021.

FOR FURTHER INFORMATION CONTACT: Preston Cox or Yang Jin Chun, 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) 482-5041 or (202) 482-5760, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 6, 2020, Commerce initiated the administrative review of 
the antidumping duty order on glycine from India.\1\ On March 25, 2021, 
Commerce extended the time limit for these preliminary results to June 
30, 2021, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act).\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 47731, 47734 (August 6, 2020) 
(Initiation Notice).
    \2\ See Memorandum, ``Glycine from India: Extension of Deadline 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated March 25, 2021.
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Scope of the Order

    The merchandise subject to the order is glycine. For a complete 
description of the scope of this administrative review, see the 
Preliminary Decision Memorandum.\3\
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    \3\ See Memorandum, ``Glycine from India: Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review; 
2018-2020,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our

[[Page 35734]]

conclusions, see Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov. In addition, 
a complete version of the Preliminary Decision Memorandum can be found 
at http://enforcement.trade.gov/frn/index.html. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as an 
appendix to this notice.

Rates for Non-Selected Respondents

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. For 
the respondents that were not selected for individual examination in 
this administrative review, we have assigned to them the simple average 
of the margins for Avid Organics Private Limited and Kumar Industries/
Rudraa International, consistent with the guidance in section 
735(c)(5)(B) of the Act.\4\
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    \4\ See Preliminary Decision Memorandum at 9 for more details.
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period October 31, 2018, through 
May 31, 2020.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Avid Organics Private Limited...............................        0.00
Kumar Industries/Rudraa International.......................       13.61
Mulji Mehta Enterprises.....................................        6.81
Mulji Mehta Pharma..........................................        6.81
Paras Intermediates Private Ltd.............................        6.81
Studio Disrupt..............................................        6.81
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\5\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\6\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\7\
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    \5\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'')
    \6\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \7\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\8\
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    \8\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries. If the weighted-average dumping 
margin for Avid Organics Private Limited or Kumar Industries/Rudraa 
International is not zero or de minimis in the final results of this 
review, we will calculate, for each company, an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of such sales in accordance with 19 CFR 351.212(b)(1).\9\ 
If any of these companies' weighted-average dumping margin is zero or 
de minimis in the final results of review, or if an importer-specific 
assessment rate for one of these companies is zero or de minimis, 
Commerce will instruct CBP to liquidate appropriate entries without 
regards to antidumping duties.\10\ For entries of subject merchandise 
during the period of review produced by any of these companies for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries.\11\
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    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \10\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\12\ 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. 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). The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future cash deposits of estimated 
antidumping duties, where applicable.
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    \12\ 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

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of glycine from India entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) The cash 
deposit

[[Page 35735]]

rate for companies subject to this review will be equal to the company-
specific weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by a company not 
covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer is, the 
cash deposit rate will be the rate established in the completed segment 
for the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will be 7.23 
percent, the all-others rate established in the less-than-fair-value 
investigation, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation.\13\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \13\ See Glycine from India and Japan: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR 
29170, 29171 (June 21, 2019).
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Notification to Importers

    This notice serves as a preliminary 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 double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Application of Facts Available and Adverse Inferences
VI. Rate for Non-Selected Respondents
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-14450 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P