[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]
[Page 47176-47177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-45]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-836
Glycine from the People's Republic of China: Notice of Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On April 7, 2005, the Department of Commerce (``the
Department'') published the preliminary results of its administrative
review of the antidumping duty order on glycine from the People's
Republic of China (``PRC''). See Glycine From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review,
70 FR 17649 (April 7, 2005) (``Preliminary Results''). The
administrative review covers the period March 1, 2003, through February
29, 2004.
Based on our analysis of the comments received, we have made
changes in the margin calculation. Therefore, the final results differ
from the Preliminary Results. The final weighted-average dumping margin
for the reviewed company is listed below in the section entitled
``Final Results of Review.''
EFFECTIVE DATE: August 12, 2005.
FOR FURTHER INFORMATION CONTACT: Carrie Blozy at (202) 482-5403; AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2005, the Department published in the Federal Register
the Preliminary Results of its administrative review of the antidumping
duty order on glycine from the PRC. See Preliminary Results. The
administrative review covers the period March 1, 2003, through February
29, 2004. The review covers one manufacturer/exporter of subject
merchandise, Baoding Mantong Fine Chemistry Co., Ltd. (``Baoding
Mantong'').
Since the publication of the Preliminary Results, the following
events have occurred. The Department invited parties to comment on the
Preliminary Results. On April 25, 2005, Baoding Mantong submitted a
Submission of Publicly Available Data For Use As Surrogate Values
(``April 2005 Surrogate Value Submission''). On May 9, 2005, the
Department received a timely filed case brief from Baoding Mantong
(``Case Brief''). The Department did not receive a case brief from
petitioners. The Department did not receive any rebuttal briefs. On May
9, 2005, the respondent submitted a request for a hearing. On June 15,
2005, the respondent submitted a letter to withdraw its request for a
hearing.
Separate Rates
Baoding Mantong has requested a separate, company-specific
antidumping duty rate. In the Preliminary Results, the Department found
that Baoding Mantong met the criteria for the application of a separate
antidumping duty rate. The Department has not received any other
information since the Preliminary Results which would warrant
reconsideration of our separate-rate determination with respect to
Baoding Mantong. Therefore, we determine that Baoding Mantong should be
assigned an individual dumping margin in this administrative review.
Analysis of Comments Received
All issues raised in the case brief by the party in this
administrative review are addressed in the Issues and Decision
Memorandum (``Issues and Decision Memorandum'') from Barbara E.
Tillman, Acting Deputy Assistant Secretary for Import Administration,
to Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration, dated August 5, 2005, which is hereby adopted in this
notice. A list of the issues which the party has raised and to which
the Department has responded in the Issues and Decision Memorandum is
attached to this notice as an Appendix. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit (``CRU''), Room B-099, of the main Commerce
building.
In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov.
The paper copy and electronic version of the Issues and
Decision Memorandum are identical in content.
The Department has now completed this review in accordance with
section 751 of the Tariff Act of 1930, as amended.
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 order 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 under the order is
dispositive.
Changes Since the Preliminary Results
Based on information the Department received after the Preliminary
Results, we have made certain changes to the margin calculation for
Baoding Mantong. For a complete discussion of these changes, see the
Issues and Decision Memorandum.
Specifically, the Department has changed its selection of a
surrogate value for the input of ammonia for the final results. See
Issues and Decision Memorandum at Comment 1. The Department has also
changed its selection of the surrogate companies to be used to value
the financial ratios of overhead, selling, general, and administrative
(``SG&A''), and profit for the final results. See Issues and Decision
Memorandum at Comment 2.
[[Page 47177]]
Final Results of Review
For these final results the Department determines that the
following weighted-average margin percentage exists for the period
March 1, 2003 through February 29, 2004:
------------------------------------------------------------------------
Manufacturer/Exporter Margin (percent)
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Baoding Mantong Fine Chemistry Co., Ltd............. 12.29%
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Assessment of Antidumping Duties
Upon completion of this administrative review, the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. For assessment
purposes, for Baoding Mantong and all exporters subject to the PRC-wide
rate, the Department will direct CBP to assess the ad valorem rates
against the entered value of each entry of subject merchandise during
the period of review. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of the final
results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of these final results for this administrative review for
all shipments of glycine from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for the reviewed company, Baoding Mantong, will be the rate established
above; (2) For previously-reviewed PRC and non-PRC exporters with
separate rates, the cash deposit rate will be the company-specific rate
established for the most recent period; (3) For all other PRC
exporters, the cash deposit rate will be the PRC-wide rate of 155.89
percent, and (4) For all other non-PRC exporters of the subject
merchandise, the cash deposit rate will be the rate applicable to the
PRC supplier of that exporter. These deposit requirements shall remain
in effect until publication of the final results of the next
administrative review. There are no changes to the rates applicable to
any other companies under this antidumping duty order.
Notification to Interested Parties
This notice serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
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
subsequent assessment of double antidumping duties.
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 section 351.305(a)(3) of the Department's
regulations. Timely written notification of the 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 administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX
Comment 1: Surrogate Value for Aqueous Ammonia
Comment 2: Financial Ratios
Comment 3: By-Product Offset
Comment 4: Alleged Clerical Error
[FR Doc. 05-16051 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S