[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40507-40509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14482]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-883]


Glycine From India: Preliminary Results and Rescission, in Part, 
of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value during the 
period of review June 1, 2020, through May 31, 2021. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable July 7, 2022.

FOR FURTHER INFORMATION CONTACT: Emily Bradshaw 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) 482-3896 or (202) 
482-5760, respectively.

SUPPLEMENTARY INFORMATION

Background

    On June 21, 2019, Commerce published the antidumping duty order on 
glycine from India.\1\ On August 3, 2021, Commerce published the notice 
of initiation of the administrative review of the antidumping duty 
order on glycine from India.\2\ On February 16, 2022, Commerce extended 
the time limit for these preliminary results to June 30, 2022, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act).\3\
---------------------------------------------------------------------------

    \1\ See Glycine from India and Japan: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders, 84 FR 
29170 (June 21, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 41821, 41823 (August 3, 2021).
    \3\ See Memorandum, ``Glycine from India: Extension of Deadline 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated February 16, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is glycine. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Glycine from India: Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review; 
2020-2021,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) 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 these preliminary results, 
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 accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. On November 1, 2021, GEO 
Specialty Chemicals, Inc. withdrew its requests for review with respect 
to GEM Corpochem Private Limited, Indiana Chem-Port, J.R. Corporation, 
Mulji Mehta Enterprises, Mulji Mehta Pharma, Rexisize Rasayan 
Industries, and Studio Disrupt.\5\ Because the requests for review were 
timely withdrawn and no other parties requested a review of these 
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is 
partially rescinding this review of the Order for these seven 
companies.
---------------------------------------------------------------------------

    \5\ See GEO Specialty Chemicals, Inc.'s Letter, ``Partial 
Withdrawal of Request for Administrative Review,'' dated November 1, 
2021.
---------------------------------------------------------------------------

Application of Facts Available With Adverse Inferences

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to determine a weighted-average 
dumping margin for Kumar Industries/Rudraa International (collectively 
Kumar) \6\ because: (1)

[[Page 40508]]

necessary information is not available on the record; and (2) Kumar 
withheld requested information, failed to provide such information by 
the established deadlines, and significantly impeded this proceeding. 
Further, Commerce preliminarily determines that an adverse inference is 
warranted in selecting from among the facts otherwise available 
pursuant to section 776(b) of the Act because Kumar failed to cooperate 
to the best of its ability. For further information, see ``Application 
of Facts Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ Rudraa International is one of the companies for which the 
review request was withdrawn. Id. In the last completed 
administrative review, Commerce collapsed Kumar Industries and 
Rudraa International. See Glycine from India: Final Results of 
Antidumping Duty Administrative Review; 2018-2020, 86 FR 62508, 
62509 n.4 (November 10, 2021). For these preliminary results, we 
continue to treat these two companies as a collapsed single entity. 
For this reason, we are not rescinding this administrative review 
for Rudraa International individually.
---------------------------------------------------------------------------

Rate 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 
individual 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 non-
examined companies in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for the mandatory respondent Avid Organics Private 
Limited that is not zero, de minimis, or based entirely on facts 
available (i.e., 20.72 percent). Accordingly, we have preliminarily 
assigned this rate to Paras Intermediates Private Ltd., the sole 
respondent not selected for individual examination in this 
administrative review .\7\
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum at 7.
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period June 1, 2020, through May 31, 
2021.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Avid Organics Private Limited...........................           20.72
Kumar Industries/Rudraa International...................           31.76
Paras Intermediates Private Ltd.........................           20.72
------------------------------------------------------------------------

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)(1)(ii), 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.\8\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\9\ Parties who submit case 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.\10\
---------------------------------------------------------------------------

    \8\ 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).'').
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
---------------------------------------------------------------------------

    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 case and rebuttal 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.\11\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c); see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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 in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries covered by this review. 
For the companies for which we have rescinded this review, we intend to 
instruct CBP to assess antidumping duties on all appropriate entries at 
a rate equal to the cash deposit rate of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period of review, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue assessment instructions to 
CBP for the rescinded companies no earlier than 35 days after the date 
of publication of the preliminary results of this administrative review 
in the Federal Register.
    If the weighted-average dumping margin for Avid Organics Private 
Limited or Kumar 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).\12\ 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 regard to antidumping duties.\13\ 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

[[Page 40509]]

United States, we will instruct CBP to liquidate unreviewed 
entries.\14\
---------------------------------------------------------------------------

    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \13\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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

    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)(C) of the Act: (1) the 
cash deposit 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.\15\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \15\ See Order, 84 FR at 29171.
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 Commerce'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 this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and sections 19 CFR 
351.213(h)(2) and 19 CFR 351.221(b)(4).

    Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

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

[FR Doc. 2022-14482 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P