Daily Rules, Proposed Rules, and Notices of the Federal Government
The period of review is March 1, 2010, through February 28, 2011.
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.
On April 11, 2012, the Department published the
Both GEO and Baoding Mantong submitted comments and factor-valuation information on the Revised Preliminary Results on July 16, 2012, and rebuttal comments on July 23, 2012. On July 31, 2012, we extended fully the deadline of the final results of review from August 9, 2012, to October 9, 2012.
All issues raised in the case and rebuttal briefs and additional comments received by parties to this review are addressed in the memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, “Issues and Decision Memorandum for the Final Results in the Administrative Review of Glycine from the People's Republic of China” (Decision Memorandum), which is dated concurrently with, and adopted by, this notice. A list of the issues which parties raised, and to which we respond in the Decision Memorandum is attached to this notice as an Appendix. The Decision Memorandum is a public document and is on file electronically
Based on a review of the record and comments received from parties regarding our preliminary results and Revised Preliminary Results, we have made no changes to the margin calculation for Baoding Mantong in these final results of review. However, following our preliminary results, we asked the company to provide additional information concerning international freight expenses on its constructed-export-price sales. The company did not respond to our request within the applicable deadline and, as a result, we have applied surrogate freight expenses to some constructed-export-price sales for which freight services may have been provided by a non-market-economy carrier.
The Department has determined that the following margin exists for the period March 1, 2010, through February 28, 2011:
Consistent with these final results, and pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), the Department will direct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. The Department will issue appropriate assessment instructions to CBP 15 days after the date of publication of the final results of this review. In accordance with 19 CFR 351.212(b)(1), we have calculated, whenever possible, an exporter/importer (or customer)-specific assessment rate or value for merchandise subject to these reviews as described below. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any exporter/importer-specific assessment rate calculated in the final results of this review is above
With respect to export-price sales for these final results, we divided the total dumping margins (calculated as the difference between normal value and export-price) for each exporter's importer or customer by the total number of units the exporter sold to that importer or customer. We will direct CBP to assess the resulting per-unit dollar amount against each unit of merchandise in each of that importer's/customer's entries during the review period.
For constructed-export-price sales, we divided the total dumping margins for the reviewed sales by the total entered value of those reviewed sales for each importer. We will direct CBP to assess the resulting assessment rate against the entered customs values for the subject merchandise on each of that importer's entries during the review period.
The following cash-deposit requirements will be effective upon publication of these final results of review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of this review (
This notice serves as a final 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 period of review. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act.