[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]
[Page 65584-65585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no08-28]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 4, 2008.
SUMMARY: The Department of Commerce (the Department) has determined
that a request for a new shipper review (NSR) of the antidumping duty
order on glycine from the People's Republic of China (PRC), received on
September 24, 2008, meets the statutory and regulatory requirements for
initiation. The period of review (POR) of this new shipper review is
March 1, 2008, through August 31, 2008.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza,
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-
0193 and (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on glycine from
the PRC was published on March 29, 1995.\1\ See Antidumping Duty Order:
Glycine From the People's Republic of China, 60 FR 16116 (March 29,
1995). On September 24, 2008, we received a timely request for a new
shipper review from Jiangxi Ansun Chemical Technology Co., Ltd.
(Jiangxi Ansun) in accordance with 19 CFR 351.214(c). Jiangxi Ansun
made its request during the semiannual anniversary month. See 19 CFR
351.214(d)(2). Jiangxi Ansun certified that it produced and sold the
glycine it exported to an unaffiliated U.S. purchaser, which is the
basis for its request for a NSR.
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\1\ Therefore, a request for a new shipper review based on the
semiannual anniversary month, in this case September, was due to the
Department by the final day of September. See 19 CFR 351.214(d)(1)
and (2).
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The Department conducted queries of the U.S. Customs and Border
Protection (CBP) database in order to confirm that Jiangxi Ansun's
reported shipment of subject merchandise entered the United States for
consumption and that liquidation of such shipment had been properly
suspended for antidumping duties. See Memorandum to the File from
Stephen Bailey, Customs and Border Protection Data for Entries of
Glycine from the People's Republic of China, dated October 28, 2008. In
reviewing the CBP data, we identified the Jiangxi Ansun's August 2008
sale to the United States and matched it with the documentation
submitted by Jiangxi Ansun. We also solicited further information from
CBP on U.S. entries of glycine produced by Jiangxi Ansun.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B)(i)(I) of the Act, and 19 CFR
351.214(b)(2)(i), Jiangxi Ansun certified that it did not export
glycine to the United States during the original POI. Pursuant to
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jiangxi Ansun certified that, since the
initiation of the investigation, it has never been affiliated with any
exporter or producer who exported glycine to the United States during
the POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Jiangxi
Ansun also certified that its export activities were not controlled by
the central government of the PRC.
In addition to the certifications described above, Jiangxi Ansun
submitted documentation establishing the following: (1) The date on
which it first shipped glycine for export to the United States and the
date on which the glycine was first entered, or withdrawn from
warehouse, for consumption; (2) the volume of its first shipment; and
(3) the date of its first sale to an unaffiliated customer in the
United States.
On September 29, 2008, the Department received comments from GEO
Specialty Chemicals, Inc. (GEO), a domestic glycine producer and the
successor company to one of the original petitioners, Hampshire
Chemical Corporation, regarding Jiangxi Ansun's NSR request. In its
comments, GEO argues that Jiangxi Ansun had two shipments of glycine
that entered the United States in February 2008, prior to the single
shipment of glycine that is the basis for this NSR request. GEO also
notes that Jiangxi Ansun, by its own admission, is the successor
company to Jiangxi Electrochemical Co., Ltd.
On October 3, 2008, Jiangxi Ansun submitted comments in rebuttal to
GEO's September 29, 2008, comments. Jiangxi Ansun contends that since
the February 2008 transactions occurred in Canada, they are not United
States transactions and do not constitute Jiangxi Ansun's first
shipment to the United States. It also maintains that neither the
Tariff Act of 1930, as amended (the Act), nor the Department's
regulations contain a requirement that the shipment made by the new
exporter, upon which the NSR request is based, be the first shipment
made by that exporter to the United States.
In accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that the request submitted by Jiangxi Ansun
meets the threshold requirements for initiation of a NSR of its
shipment of glycine from the PRC produced and exported by Jiangxi
Ansun. See Memorandum to the File through Richard O. Weible, Director,
AD/CVD Operations, Office 7, from Stephen Bailey, entitled ``Initiation
Checklist of AD New Shipper Review: Glycine from the People's Republic
of China,'' dated concurrently with this notice. Therefore, we are
initiating a NSR for the shipment of glycine produced and exported by
Jiangxi Ansun to the United States. With respect to the issues raised
by the parties, we intend to evaluate them further in the context of
this NSR. We intend to issue the preliminary results of this review no
later than 180 days from the date of initiation, and the final results
of this review no later than 270
[[Page 65585]]
days from the date of initiation. See section 751(a)(2)(B)(iv) of the
Act.
Period of Review
The POR is March 1, 2008, through August 31, 2008. See 19 CFR
351.214(g)(1)(i)(B).
Separate Rate
In cases involving non-market economies, the Department requires
that a company seeking to establish eligibility for an antidumping duty
rate separate from the PRC-wide entity rate provide evidence of de jure
and de facto absence of government control over the company's export
activities. Accordingly, we will issue a questionnaire to Jiangxi
Ansun, including a separate-rate section. The review will proceed if
the responses provide sufficient indication that Jiangxi Ansun is not
subject to either de jure or de facto government control with respect
to its exports of glycine. However, if Jiangxi Ansun does not
demonstrate its eligibility for a separate rate, the company will be
deemed not separate from other companies that exported during the POI,
and the NSR for Jiangxi Ansun will be rescinded.
On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4 temporarily suspends the
authority of the Department to instruct CBP to collect a bond or other
security in lieu of a cash deposit in new shipper reviews during the
period April 1, 2006, through June 30, 2009. Therefore, the posting of
a bond or other security under section 751(a)(2)(B)(iii) of the Act in
lieu of a cash deposit is not available in this case. Importers of
glycine produced and exported by Jiangxi Ansun must continue to post a
cash deposit of estimated antidumping duties on each entry of subject
merchandise at the current PRC-wide rate of 155.89 percent.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: October 28, 2008.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-26283 Filed 11-3-08; 8:45 am]
BILLING CODE 3510-DS-P