[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63444-63445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26087]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Notice of Rescission 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 27, 2010, the U.S. Department of Commerce (the 
Department) published a notice of initiation of an administrative 
review of the antidumping duty order on glycine from the People's 
Republic of China (PRC). The review covers 32 producers/exporters of 
glycine from the PRC. We are now rescinding this administrative review 
in full.

DATES: Effective Date: October 15, 2010.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2010, the Department published in the Federal Register 
the notice of opportunity to request an administrative review of the 
antidumping duty order on, inter alia, glycine from the PRC for the 
period March 1, 2009, through February 28, 2010. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity To Request Administrative Review, 75 FR 9162 (March 1, 
2010). On March 31, 2010, the Department received a timely request from 
GEO Specialty Chemicals, Inc. (GEO), a domestic producer of glycine, 
that the Department conduct an administrative review of the antidumping 
duty order on glycine from the PRC, covering 32 producers/exporters of 
glycine from the PRC. On April 27, 2010, the Department published in 
the Federal Register the notice of initiation of, inter alia, the 2009-
2010 administrative review of glycine from the PRC. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 75 FR 22107 (April 27, 2010) (Initiation).
    On April 30, 2010, GEO submitted comments regarding the 
Department's respondent selection process. On May 10, 2010, we received 
a letter from Paras Intermediates Private Limited (Paras) informing the 
Department that it is an Indian company that had no exports, sales, or 
entries of PRC glycine to the United States during the POR.\1\ On May 
20, 2010, the Department issued a memorandum providing an opportunity 
for interested parties to comment on United States Customs and Border 
Protection (CBP) information to be used by the Department in respondent 
selection. On May 24, 2010, Baoding Mantong Fine Chemistry Co., Ltd. 
(Baoding Mantong) \2\ submitted a letter and certification to the 
Department advising the Department that Baoding Mantong ``did not sell, 
ship, or export to the United States glycine subject to the above 
referenced antidumping duty order during the POR.'' On May 26, 2010, 
the Department issued a letter to Baoding Mantong requesting that it 
refile its statement of no shipments and to certify, if appropriate, 
that it had no exports, sales, or entries of subject merchandise during 
the POR.\3\ On May 28, 2010, we received a properly filed letter from 
Baoding Mantong stating that it did not sell, ship, or export, to the 
United States, subject merchandise during the POR. On July 30, 2010, 
GEO filed a letter withdrawing its request for review of the 32 
companies for which the Department initiated this review.
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    \1\ Paras is one of the 32 companies named by GEO in its March 
31, 2010, letter to the Department. In its March 31, 2010, letter to 
the Department, Paras also stated that all of Paras' exports of 
glycine to the United States are manufactured by Paras, in India, 
from monochloro acetic acid and ammonia.
    \2\ Baoding Mantong is also one of the 32 companies named by GEO 
in its March 31, 2010, letter to the Department.
    \3\ The Department notes that the Initiation Notice states 
``{u{time} nder 19 CFR 351.213(d)(3), the Department may rescind a 
review where there are no exports, sales, or entries of subject 
merchandise during the respective period of review (`POR') listed 
below. If a producer or exporter named in this initiation notice had 
no exports, sales, or entries during the POR, it should notify the 
Department within 30 days of publication of this notice in the 
Federal Register. The Department will consider rescinding the review 
only if the producer or exporter, as appropriate, submits a properly 
filed and timely statement certifying that it had no exports, sales, 
or entries of subject merchandise during the POR.'' See 75 FR at 
22107 (emphasis added). The Department found that Baoding Mantong 
did not properly file its statement that it had no exports, sales, 
or entries of subject merchandise during the POR in its original 
certification (May, 24, 2010, letter to the Department).
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Period of Review

    The period of review (POR) is March 1, 2009, through February 28, 
2010.

Scope of the Order

    The product covered by the order is glycine, which is a free-
flowing crystalline material, like salt or sugar. Glycine is produced 
at varying levels of purity and is used as a sweetener/taste enhancer, 
a buffering agent, reabsorbable amino acid, chemical intermediate, and 
a metal complexing agent. This review covers glycine of all purity 
levels. Glycine is currently classified under subheading 2922.49.4020 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheading is provided for convenience and Customs 
purposes, the written description of the merchandise subject to the 
order is dispositive.

Rescission of Antidumping Duty Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review under this section, in whole or in part, if a 
party that requested a review withdraws the request within 90 days of 
the date of publication of notice of initiation of the requested 
review, or withdraws at a later date if the Department determines it is 
reasonable to extend the time limit for withdrawing the request. GEO 
withdrew its review request after the 90-day deadline. However, the 
Department finds it reasonable to extend the withdrawal deadline for 
GEO because the Department has not yet devoted significant time or 
resources to this review. As a result, in accordance with 19 CFR 
351.213(d)(1), the Department is rescinding the administrative review 
of all 32 companies.

Assessment Instructions

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For companies for which this review is 
rescinded, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

[[Page 63445]]

Notification to Importers

    This notice serves as a 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 doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.213(d)(4).

    Dated: October 7, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-26087 Filed 10-14-10; 8:45 am]
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