[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Notices]
[Page 16640-16642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr08-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-533-845
Notice of Final Determination of Sales at Less Than Fair Value:
Glycine from India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 28, 2008.
SUMMARY: On November 7, 2007, the Department of Commerce published its
preliminary determination and amended preliminary determination,
respectively, of the investigation of sales at less than fair value in
the antidumping duty investigation of glycine from India. See Notice of
Preliminary Determination of Sales at Less Than Fair Value: Glycine
From India, 72 FR 62827 (November 7, 2007), and Notice of Amended
Preliminary Determination of Sales at Less Than Fair Value: Glycine
From India, 72 FR 62826 (November 7, 2007).
The Department of Commerce has determined that glycine from India
is being, or is likely to be, sold in the United States at less than
fair value, as provided in section 735 of the Tariff Act of 1930, as
amended (the Act). The estimated margins of sales at less than fair
value are listed below in the section entitled ``Final Determination of
Investigation.''
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 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The preliminary and amended preliminary determinations in this
investigation were published on November 7, 2007. See Notice of
Preliminary Determination of Sales at Less Than Fair Value: Glycine
From India, 72 FR 62827 (November 7, 2007) (Preliminary Determination),
and Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Glycine From India, 72 FR 62826 (November 7, 2007). Since
then, we determined that an allegation of critical circumstances
submitted by the petitioner on October 12 and 25, 2007, was inadequate.
See Memorandum from Kristin Case to Laurie Parkhill dated November 13,
2007. We have also conducted sales and cost verifications of the
responses submitted by Paras Intermediates, Ltd. (Paras). See Memoranda
to the file entitled ``Verification of the Sales Response of Paras
Intermediates Pvt. Ltd. in the Antidumping Duty Investigation of
Glycine from India'' dated January 23, 2008, and ``Verification of the
Cost Response of Paras Intermediates Private Ltd, in the Antidumping
Investigation of Glycine from India'' dated February 20, 2008,
available in the Central Records Unit (CRU), room 1117 of the main
Department of Commerce building. On February 22, 2008, we released a
memorandum entitled ``Proposed Adjustments to the Cost of Production
and Constructed Value Data Paras Intermediates Pvt. Ltd.'' and invited
interested parties to submit comments. We received a case brief from
Paras on March 3, 2008; the petitioner, GEO Specialty Chemicals, Inc.
(GEO), filed a rebuttal brief on March 5, 2008.
[[Page 16641]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Antidumping Duty Investigation of Glycine
from India for the Period of Investigation January 1, 2006, through
December 31, 2006'' (Decision Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated March 21,
2008, which is hereby adopted by this notice. A list of the issues
which parties have raised and to which we have responded, all of which
are in the Decision Memorandum, is attached to this notice as an
appendix. Parties can find a complete discussion of all issues raised
in this investigation and the corresponding recommendations in the
Decision Memorandum which is on file in CRU. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at http://ia.ita.doc.gov/. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Scope of Investigation
The merchandise covered by this investigation is glycine, which in
its solid, i.e., crystallized, form is a free-flowing crystalline
material. Glycine is used as a sweetener/taste enhancer, buffering
agent, reabsorbable amino acid, chemical intermediate, metal complexing
agent, dietary supplement, and is used in certain pharmaceuticals. The
scope of this investigation covers glycine in any form and purity
level. Although glycine blended with other materials is not covered by
the scope of this investigation, glycine to which relatively small
quantities of other materials have been added is covered by the scope.
Glycine's chemical composition is C2H5NO2 and is normally classified
under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the
United States (HTSUS).
The scope of this investigation also covers precursors of dried
crystalline glycine, including, but not limited to, glycine slurry,
i.e., glycine in a non-crystallized form, and sodium glycinate. Glycine
slurry is classified under the same HTSUS subheading as crystallized
glycine (2922.49.4020) and sodium glycinate is classified under
subheading HTSUS 2922.49.8000.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this investigation is
dispositive.
Period of Investigation
The period of investigation is from January 1, 2006, through
December 31, 2006.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculation
for Paras. For a discussion of these changes, see memorandum from
George Callen to The File entitled ``Glycine from India - Final
Determination of Sales at Less Than Fair Value Analysis Memorandum for
Paras'' dated March 21, 2008, and the memorandum from Angela Strom to
Neal Halper entitled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination Paras Intermediates
Pvt. Ltd.'' dated March 21, 2008.
Adverse Facts Available
For the final determination, we continue to find that, by failing
to provide information we requested, certain producers and/or exporters
of glycine from India did not act to the best of their ability in
responding to our requests for information. Thus, the Department
continues to find that the use of adverse facts available is warranted
for these companies under sections 776(a)(2) and (b) of the Act. See
Preliminary Determination, 72 FR at 62829. As we explained in the
Preliminary Determination, the rate of 121.62 percent we selected as
the adverse facts-available rate is the highest margin alleged in the
petition, as recalculated in the April 19, 2007, ``Office of AD/CVD
Operations Initiation Checklist for the Antidumping Duty Petition on
Glycine from India'' (the Initiation Checklist) on file in CRU. See
also Petition for the Imposition of Antidumping Duties on Imports of
Glycine from India, Japan, and the Republic of Korea filed on March 30,
2007 (the Petition), and the April 3, 12, 13, 17, and 18, 2007,
supplements to the Petition submitted by GEO. We selected this rate
from the range of margins we re-calculated in the Initiation Checklist
in Glycine from India, Japan, and the Republic of Korea: Initiation of
Antidumping Duty Investigations, 72 FR 20816 (April 26, 2007)
(Initiation Notice). Further, as discussed in the Preliminary
Determination, we corroborated the adverse facts-available rate
pursuant to section 776(c) of the Act.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be 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 under section 776
of the Act. For this final determination we have calculated a margin
for Paras that is above de minimis. Therefore, for purposes of
determining the all-others rate and pursuant to section 735(c)(5)(A) of
the Act, because other respondents are receiving margins based on
adverse facts available, we are using the dumping margin we have
calculated for Paras as indicated in the ``Final Determination of
Investigation'' section below.
Final Determination of Investigation
We determine that the following weighted-average dumping margins
exist for the period January 1, 2006, through December 31, 2006:
------------------------------------------------------------------------
Manufacturer or Exporter Margin (percent)
------------------------------------------------------------------------
Paras Intermediates, Ltd............................ 10.90
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
Nutracare International/Salvi Chemical Industries... 121.62
Sisco Research Laboratories Pvt. Ltd................ 121.62
Sealink International, Inc.......................... 121.62
All Others.......................................... 10.90
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act and 19 CFR
351.211(b)(1), we will instruct U.S. Customs and Border Protection
(CBP) to continue to suspend liquidation of all entries of subject
merchandise from India entered, or withdrawn from warehouse, for
consumption on or after November 7, 2007, the date of the publication
of Preliminary Determination, for all producers/exporters other than
Paras. Because we found Paras to have a de minimis margin in the
Preliminary Determination, we will instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of subject
merchandise from India from
[[Page 16642]]
Paras and entered, or withdrawn from warehouse, for consumption on or
after the date of the publication of this final determination. 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 rate for the respondents will be the rates we have
determined in this final 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
10.90 percent. These suspension-of-liquidation instructions will remain
in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative and in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding APO
This notice also 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. Timely notification of return/
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.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: March 21, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Work-in-Process Inventories
Comment 2: Recovery of Bad Debts
Comment 3: Duty Drawback
Comment 4: Interest Income Offset
Comment 5: Appropriate Sales Database to Use
[FR Doc. E8-6450 Filed 3-27-08; 8:45 am]