[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Notices]
[Pages 37738-37740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15123]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]


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

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of glycine from India for the period of review (POR) 
September 4, 2018, through December 31, 2019. The preliminary net 
subsidy rates are listed below in the section titled ``Preliminary 
Results of Administrative Review.'' Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable July 16, 2021.

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 August 6, 2020, Commerce published a notice of initiation of 
administrative review of the countervailing duty order on glycine from 
India.\1\ On March 2, 2021, Commerce extended the deadline for issuing 
the preliminary results of review.\2\ The revised deadline for these 
preliminary results of review is now June 30, 2021.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 47731 (August 6, 2020).
    \2\ See Memorandum, ``Glycine from India: Extension of Time 
Limit for Preliminary Results,'' dated March 2, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at Appendix I to this notice. The Preliminary 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 http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \3\ See Memorandum, ``Decision Memorandum for the Affirmative 
Preliminary Determination: First Administrative Review of Glycine 
from India,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

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

Methodology

    Commerce is conducting this 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 countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution that 
gives rise to a benefit to the recipient, and the subsidy is 
specific.\4\ For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.
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    \4\ 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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    On June 11, 2021, we initiated an investigation of newly alleged 
subsidy programs.\5\ Because we did not receive information from the 
Government of India, Avid Organics Private Limited (Avid), or Kumar 
Industries (India) (Kumar) related to the new subsidy programs in time 
to evaluate them for purposes of these preliminary results of review, 
we intend to issue post-preliminary review results that incorporate 
these programs.\6\
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    \5\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Glycine from India; 2018-2019, New 
Subsidy Allegations,'' dated June 17, 2021.
    \6\ See Preliminary Decision Memorandum.
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Companies Not Selected for Individual Review

    For companies not selected for individual review, because the 2019 
subsidy rates calculated for Avid and Kumar were above de minimis and 
not based on facts available, we have preliminarily calculated a 
subsidy rate based on a weighted-average of the subsidy rates 
calculated for Avid and Kumar using publicly ranged sales data 
submitted by respondents.\7\ For 2018, we preliminarily assigned to the 
companies not individually examined a subsidy rate of 3.58 percent, 
which is the 2018 subsidy rate calculated for Avid for these 
preliminary results of

[[Page 37739]]

review.\8\ This methodology for establishing the subsidy rate for the 
non-selected companies is consistent with our practice and with section 
705(c)(5)(A) of the Act. For additional information, see the 
Preliminary Decision Memorandum.
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    \7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies,'' dated June 30, 2021.
    \8\ See Memorandum, ``Preliminary Results of the First 
Administrative Review of Glycine from India: Calculation of 
Derivative Rate for Non-Selected Companies,'' dated June 30, 2021.
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Preliminary Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(4), we determine the following 
preliminary net subsidy rates for the 2018-2019 administrative review:

------------------------------------------------------------------------
                                           2018 Subsidy    2019 Subsidy
                 Company                   rate (percent   rate (percent
                                            ad valorem)     ad valorem)
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Avid Organics Private Limited \9\.......            3.92            4.38
Kumar Industries (India) \10\...........       \11\ 0.00            3.72
Mulji Mehta Enterprises.................            3.92            4.01
Mulji Mehta Pharma......................            3.92            4.01
Paras Intermediates Private Limited.....            3.92            4.01
Studio Disrupt..........................            3.92            4.01
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Assessment Rates
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    \9\ In this review, we preliminarily determine that Avid is 
cross owned with Avid Intermediates. See Preliminary Decision 
Memorandum for further discussion.
    \10\ In this review, we preliminarily determine that Kumar is 
cross owned with Rudraa International and Advance Chemical 
Corporation. See Preliminary Decision Memorandum and Kumar 
Preliminary Calculation Memorandum for further discussion.
    \11\ Kumar reported that it received no subsidies during the 
2018 calendar year, from programs under review or any other 
subsidies.
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    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. 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).

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 2019 for each of the companies listed 
above with regard to the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Disclosure and Public Comment

    We will disclose to parties of this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\12\
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    \12\ See 19 CFR 351.224(b).
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    As a result of the Department's intention to release a post-
preliminary analysis memorandum, interested parties may submit case 
briefs on both the preliminary results and on the post-preliminary 
analysis memorandum no later than seven days after the disclosure of 
the calculations performed in connection with the post-preliminary 
analysis memorandum.\13\ Rebuttal briefs, limited to issues raised in 
the case briefs, may be filed no later than seven days after the date 
for filing case briefs.<SUP>14 15</SUP> Parties who submit arguments 
are requested to submit with the argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\16\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\17\
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    \13\ See 19 CFR 351.309(c)(2).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \16\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \17\ See Temporary Rule.
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\18\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.\19\ If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date and time of the hearing two 
days before the scheduled date. Parties are reminded that all briefs 
and hearing requests must be filed electronically using ACCESS and 
received successfully in their entirety by 5:00 p.m. Eastern Time on 
the due date.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the result of our analysis of the 
issues raised by the parties in their comments, no later than 120 days 
after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h), unless this deadline is 
extended.

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). 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

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213.

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

Appendix

List of Topics Discussed in the Preliminary Memorandum

I. Summary
II. Background
III. Period of Review
IV. Rate for Non-Examined Companies
V. Subsidies Valuation
VI. Loan Benchmarks and Discount Rates

[[Page 37740]]

VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2021-15123 Filed 7-15-21; 8:45 am]
BILLING CODE 3510-DS-P