[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40494-40496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14489]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-884]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on glycine 
from India for the period of review (POR) January 1, 2020, through 
December 31, 2020. Commerce preliminarily determines that 
countervailable subsidies are being provided to producers and exporters 
of glycine from India. In addition, we are also rescinding this review 
with regard to seven companies for which the request for review was 
timely withdrawn by interested parties. 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 7, 2022.

FOR FURTHER INFORMATION CONTACT: George McMahon or Scarlet Jaldin 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) 482-1167 or (202) 
482-4275, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2019, Commerce published in the Federal Register the 
CVD order on glycine from India.\1\ On August 3, 2021, Commerce 
published a notice of initiation of administrative review of the 
Order.\2\ On November 1, 2021, GEO Specialty Chemicals, Inc. (the 
petitioner),\3\ timely withdrew its request for an administrative 
review of eight companies.\4\ On February 25, 2022, Commerce extended 
the deadline for issuing the preliminary results of this review until 
June 22, 2022.\5\ On June 6, 2022, Commerce extended the deadline for 
issuing the preliminary results of review until June 30, 2022.\6\
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    \1\ See Glycine from India and the People's Republic of China: 
Countervailing Duty Orders, 84 FR 29173 (June 21, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 41821 (August 3, 2021) (Initiation 
Notice).
    \3\ In the CVD investigation, the Petition was submitted on 
behalf of GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. 
In this review, we reference GEO Specialty Chemicals, Inc., a 
domestic glycine producer, as the petitioner.
    \4\ See Petitioner's Letter, ``Glycine from India (C-533-884): 
Partial Withdrawal of Request for Administrative Review,'' dated 
November 1, 2021 (Petitioner's Partial Withdrawal of Review 
Requests).
    \5\ See Memorandum, ``Countervailing Duty Administrative Review 
of Glycine from India, 2020: Extension of Deadline for the 
Preliminary Results,'' dated February 25, 2022.
    \6\ See Memorandum, ``Countervailing Duty Administrative Review 
of Glycine from India, 2020: Second Extension of Deadline for the 
Preliminary Results,'' dated June 6, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as 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 https://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.
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    \7\ See Memorandum, ``Countervailing Duty Administrative Review 
of Glycine from India, 2020: Preliminary Decision Memorandum,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Rescission, in Part, of Countervailing Duty Administrative Review

    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 of the requested review. The 
petitioner timely submitted a withdrawal of its request to review eight 
companies \8\ and no other interested party requested an administrative 
review of the following seven of the eight companies listed in the 
Petitioner's Partial Withdrawal of Review Requests: Mulji Mehta 
Enterprises; Mulji Mehta Pharma; Studio Disrupt; J.R. Corporation; 
Rudraa International; Rexisize Rasayan Industries; and Indiana Chem-
Port. Paras Intermediates Private Ltd. (Paras) requested a review of 
its own entries \9\ and did not withdraw its request for a review. As a 
result, the review of Paras, for which the petitioner and Paras 
requested a review, will not be rescinded. In accordance with 19 CFR 
351.213(d)(1), and consistent with our practice,\10\ we are rescinding 
the administrative review of the Order, in part, with respect to these 
seven companies, and continuing the administrative review with respect 
to Avid Organics Private Limited (Avid), Kumar Industries (Kumar), and 
Paras.
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    \8\ The eight companies for which the petitioner withdrew its 
request for review are Paras; Mulji Mehta Enterprises; Mulji Mehta 
Pharma; Studio Disrupt; J.R. Corporation; Rudraa International; 
Rexisize Rasayan Industries; and Indiana Chem-Port.
    \9\ Paras submitted a request for review with respect to itself. 
See Paras's Letter, ``Request for Countervailing Duty Administrative 
Review,'' dated June 28, 2021. Paras did not withdraw its request 
for review.
    \10\ See, e.g., Certain New Pneumatic Off-The-Road Tires from 
the People's Republic of China: Preliminary Results and Partial 
Rescission of Countervailing Duty Administrative Review; 2016, 83 FR 
32080 (July 11, 2018).
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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

[[Page 40495]]

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.\11\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \11\ 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(5)(A) of the Act regarding specificity.
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    In January 4, 2022, the petitioner timely submitted new subsidy 
allegations regarding eight additional programs.\12\ On February 9, 
2022, Commerce requested additional information \13\ from the 
petitioner regarding certain of its allegations, to which the 
petitioner responded on February 16, 2022.\14\ On March 11, 2022, we 
initiated an investigation of four of the eight new subsidy programs 
alleged by the petitioner.\15\ On March 14, 2022, Commerce issued new 
subsidy allegation questionnaires to the Government of India, Avid, and 
Kumar related to each of the programs on which it initiated a 
review.\16\
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    \12\ See Petitioner's Letter, ``Glycine from India: New Subsidy 
Allegation,'' dated January 4, 2022.
    \13\ See Commerce's Letter, ``Countervailing Duty Administrative 
Review of Glycine from India: New Subsidy Allegations 
Questionnaire,'' dated February 9, 2022.
    \14\ See Petitioner's Letter, ``Glycine from India (C-533-884): 
GEO's New Subsidy Allegations Questionnaire Responses,'' dated 
February 16, 2022.
    \15\ See Memorandum, ``Administrative Review of Countervailing 
Duty Order on Glycine from India; 2020, New Subsidy Allegations,'' 
dated March 11, 2021.
    \16\ See Commerce's Letters, ``Countervailing Duty 
Administrative Review of Glycine from India; 2020: Kumar New Subsidy 
Allegation Questionnaire,'' dated March 14, 2021; ``Countervailing 
Duty Administrative Review of Glycine from India; 2020: The 
Government of India New Subsidy Allegation Questionnaire,'' dated 
March 14, 2021; ``Countervailing Duty Administrative Review of 
Glycine from India; 2020: Avid New Subsidy Allegation 
Questionnaire,'' dated March 14, 2021.
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Company Not Selected for Individual Review

    For the company not selected for individual review (i.e., Paras), 
because the subsidy rates calculated for Avid and Kumar for these 
preliminary results of review are 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.\17\ 
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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    \17\ See Memorandum, ``Preliminary Results Calculation of 
Subsidy Rate for a Non-Selected Company Under Review,'' dated 
concurrently with this notice.
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Preliminary Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(4), we determine the following 
preliminary net countervailable subsidy rates for the period January 1, 
2020, through December 31, 2020:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Avid Organics Private Limited \18\......................            3.00
Kumar Industries, India \19\............................            3.11
Paras Intermediates Private Ltd. \20\...................            3.06
------------------------------------------------------------------------

Assessment Rates
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    \18\ See Memorandum, ``Preliminary Results of Administrative 
Review of Glycine from India; 2020: Calculation Memorandum for Avid 
Organics Private Limited,'' dated concurrently with this notice 
(Avid Preliminary Calculation Memorandum).
    \19\ In this review, we preliminarily determine that Kumar is 
cross-owned with Advance Chemical Corporation. See Preliminary 
Decision Memorandum and Kumar Preliminary Calculation Memorandum for 
further discussion. We note that the Initiation Notice includes 
``Kumar Industries'' which we have determined is the same company 
previously examined, ``Kumar Industries, India.'' See Memorandum, 
``Preliminary Results of Administrative Review of Glycine from 
India; 2020: Preliminary Calculation Memorandum for Kumar Industries 
India,'' dated concurrently with this notice (Kumar Preliminary 
Calculation Memorandum).
    \20\ See section ``Rescission, in Part, of Countervailing Duty 
Administrative Review,'' supra; see also Memorandum, ``Preliminary 
Results Calculation of Subsidy Rate for a Non-Selected Company Under 
Review,'' dated concurrently with this notice.
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    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
CVDs 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).
    For the companies for which we have rescinded this administrative 
review, i.e., Mulji Mehta Enterprises, Mulji Mehta Pharma, Studio 
Disrupt, J.R. Corporation, Rudraa International, Rexisize Rasayan 
Industries and Indiana Chem-Port, CVDs shall be assessed at rates equal 
to the cash deposit of estimated CVDs required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2020, through December 31, 2020, in accordance with 19 CFR 
351.212(c)(1)(i).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated CVDs at 
the rates shown above 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, Commerce will 
instruct CBP to continue to collect cash deposits of estimated CVDs at 
the all-others rate or the most recent company-specific 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 in the Federal 
Register.\21\
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    \21\ See 19 CFR 351.224(b).
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    Interested parties may submit written comments (case briefs) on the 
preliminary results no later than 30 days after the date of publication 
of this Federal Register notice, and rebuttal comments (rebuttal 
briefs) within seven days after the time limit for filing case 
briefs.\22\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. 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.\23\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\24\
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    \22\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements)).
    \23\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \24\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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

[[Page 40496]]

and Compliance, within 30 days after the date of publication of this 
notice.\25\ Hearing requests should contain: (1) the party's name, 
address, and telephone number; (2) the number of participants, whether 
any participant is a foreign national; and (3) 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.\26\ If a request for 
a hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined.\27\ Parties should confirm the date and time of 
the hearing two days before the scheduled date.
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    \25\ See 19 CFR 351.310(c).
    \26\ See 19 CFR 351.310.
    \27\ See 19 CFR 351.310 (c).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due date.
    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.

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, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Review
VI. Rate for Non-Examined Company
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and Benchmarks
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2022-14489 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P