[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62826-62827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-35]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-845]
Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Glycine From India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 7, 2007.
SUMMARY: The purpose of this amended preliminary determination is to
clarify an inadvertent error in the preliminary determination we issued
on October 26, 2007, that imports of glycine from India are being, or
are likely to be, sold in the United States at less than fair value, as
provided in section 733(b) of the Tariff Act of 1930, as amended (the
Act).
FOR FURTHER INFORMATION CONTACT: George Callen or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0180 and (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
We initiated an antidumping investigation on glycine from India.
See Glycine from India, Japan, and the Republic of Korea: Initiation of
Antidumping Duty Investigations, 72 FR 20816 (April 26, 2007). On
October 26, 2007, we issued our preliminary determination of sales at
less than fair value (not yet published). We stated in our October 26,
2007, preliminary determination that we used total facts available,
including an adverse inference, for one firm, Nutracare International/
Salvi Chemical Industries (Salvi), which did not respond to our
quantity and value (Q&V) questionnaire and, therefore, withheld
requested information and significantly impeded this proceeding
pursuant to section 776(a) of the Act. We stated further that, because
it did not cooperate by not acting to the best of its ability, in
reaching our preliminary determination we applied total adverse facts
available to Salvi pursuant to section 776(b) of the Act.
There were nine firms in addition to Salvi which did not respond to
our Q&V questionnaire and, to clarify our inadvertent error of omission
of these firms, we are amending our preliminary determination. The
firms which failed to respond to our request for information and for
which we are applying adverse facts available in accordance with
sections 776(a) and 776(b) of the Act are as follows: Abhiyan Media
Pvt. Ltd., Ashok Alco-Chem, Ltd., Bimal Pharma, Pvt., Ltd., Euro Asian
Industrial Co., EPIC Enzymes Pharmaceuticals & Industrial, Indian
Chemical Industries, Kumar Industries, Sisco Research Laboratories Pvt.
Ltd, and Sealink International, Inc.
Amended Preliminary Determination
We preliminarily determine that the following weighted-average
dumping margins exist for the period January 1, 2006, through December
31, 2006:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin (percent)
------------------------------------------------------------------------
Paras Intermediates Ltd............................ 0.00
Abhiyan Media Pvt. Ltd............................. 121.62
Advanced Exports/Aico Laboratories................. 121.62
Ashok Alco-Chem, Ltd............................... 121.62
Bimal Pharma, Pvt., Ltd............................ 121.62
Euro Asian Industrial Co........................... 121.62
EPIC Enzymes Pharmaceuticals & Industrial.......... 121.62
Indian Chemical Industries......................... 121.62
Kumar Industries................................... 121.62
[[Page 62827]]
Nutracare International/Salvi Chemical Industries.. 121.62
Sisco Research Laboratories Pvt. Ltd............... 121.62
Sealink International, Inc......................... 121.62
All Others......................................... 45.82
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Suspension of Liquidation
In accordance with section 733(d) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to suspend liquidation of all
entries of glycine from India that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. We will instruct CBP to require a cash
deposit or the posting of a bond equal to the weighted-average margin,
as indicated in the chart above, as follows: (1) The rates for the
mandatory respondents except Paras will be the rates we have determined
in this preliminary determination; (2) if the exporter is not a firm
identified in this investigation but the producer is, the rate will be
the rate established for the producer of the subject merchandise; (3)
the rate for all other producers or exporters will be 45.82 percent.
These suspension-of-liquidation instructions will remain in effect
until further notice.
In accordance with 19 CFR 351.204(e)(2), because the weighted-
average margin for Paras is zero, we will not instruct CBP to suspend
liquidation of merchandise produced and exported by Paras.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our amended preliminary determination of sales at less than fair
value. If our final antidumping determination is affirmative, the ITC
will determine whether the imports covered by that determination are
materially injuring, or threatening material injury to, the U.S.
industry. The deadline for the ITC's determination would be the later
of 120 days after the date of the preliminary determination or 45 days
after the date of our final determination.
Public Comment
Interested parties are invited to comment on the amended
preliminary determination. Interested parties may submit case briefs to
the Department no later than seven days after the date of the issuance
of the final verification report in this proceeding. Rebuttal briefs,
the content of which is limited to the issues raised in the case
briefs, must be filed within five days from the deadline for the
submission of case briefs. Executive summaries should be limited to
five pages total, including footnotes. Further, we request that parties
submitting briefs and rebuttal briefs provide us with a copy of the
public version of such briefs on diskette.
Section 774 of the Act provides that the Department will hold a
hearing to afford interested parties an opportunity to comment on
arguments raised in case or rebuttal briefs, provided that such a
hearing is requested by an interested party. If a request for a hearing
is made in this investigation, the hearing normally will be held two
days after the deadline for submission of the rebuttal briefs at the
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230. Parties should confirm by telephone the time,
date, and place of the hearing 48 hours before the scheduled time.
Interested parties who wish to request a hearing, or to participate if
one is requested, must submit a written request within 30 days of the
publication of this notice. Requests should specify the number of
participants and provide a list of the issues to be discussed. Oral
presentations will be limited to issues raised in the briefs. We will
make our final determination within 75 days after the date of the
preliminary determination.
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act.
Dated: November 1, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-21872 Filed 11-6-07; 8:45 am]
BILLING CODE 3510-DS-P