Antidumping Duty Order: Glycine From the People's Republic of China

[[Page 16116]]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]

Antidumping Duty Order: Glycine From the People's Republic of

China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT: Sue Strumbel or Kristie Strecker,

Office of Countervailing Investigations, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202) 482-1442 or (202) 482-3174, respectively.

Scope of Order

The product covered by this proceeding 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. Glycine is currently classified under

subheading 2922.49.4020 of the Harmonized Tariff Schedule of the United

States (HTSUS). This proceeding includes glycine of all purity levels.

Although the HTSUS subheadings are provided for convenience and

customs purposes, our written description of the scope of this

investigation is dispositive.

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (``the Act''), on January 23, 1995, the Department of Commerce

(``the Department'') made its final determination that glycine from the

People's Republic of China (``PRC'') is being sold at less than fair

value (60 FR 5620, January 23, 1995). On March 14, 1995, the U.S.

International Trade Commission (``ITC'') notified the Department of its

final determination, pursuant to section 735(b)(1)(A)(ii) of the Act,

that an industry in the United States is threatened with material

injury by reason of imports of the subject merchandise. Additionally,

pursuant to section 735(b)(4)(B) of the Act (19 U.S.C. 1673d(b)(4)(B)),

the ITC examined whether material injury would have been found ``but

for'' the suspension of liquidation of the merchandise. Of the votes in

the ITC's final determination (Publication 2863), three constitute an

affirmative ``but for'' finding, and two constitute a negative ``but

for'' finding. MBL (USA) Corp. v. the United States, 787 F.Supp. 202

(CIT 1992). One Commissioner stated that the ``but for'' finding was

moot because there are no imports that could be affected by a ``but

for'' determination. Based on the three affirmative votes, we have

determined that the ITC made an affirmative ``but for'' finding. Even

if the non-voting commissioner voted negative on ``but for'', we would

consider the ``but for'' vote affirmative, in accordance with the tie

vote rule. 19 US.C 1677 (11).

When the ITC finds threat of material injury, and there is an

affirmative ``but for'' finding, the ``General Rule'' provision of

section 736(b)(1) of the Act applies. Therefore, in accordance with

section 736 of the Act, the Department will direct United States

Customs officers to assess, upon further advice by the administering

authority pursuant to section 736(a)(1) of the Act, antidumping duties

equal to the amount by which the foreign market value of the

merchandise exceeds the United States price for all entries of glycine

from the PRC. According to the ``General Rule'' these antidumping

duties will be assessed on all unliquidated entries of glycine from the

PRC entered or withdrawn from warehouse, for consumption, on or after

November 16, 1994, the date on which the Department published its

preliminary determination notice in the Federal Register (59 FR 59211).

On or after the date of publication of this notice in the Federal

Register, U.S. Customs officers must require, at the same time as

importers would normally deposit estimated duties, the following cash

deposits for the subject merchandise:

------------------------------------------------------------------------

Weighted-

average

Manufacturer/Producer/Exporter margin

percentage

------------------------------------------------------------------------

All Companies............................................... 155.89

------------------------------------------------------------------------

This notice constitutes the antidumping duty order with respect to

glycine from the PRC, pursuant to section 736(a) of the Act. Interested

parties may contact the Central Records Unit, Room B-099 of the Main

Commerce Building, for copies of an updated list of antidumping duty

orders currently in effect.

This order is published in accordance with section 736(a) of the

Act and 19 CFR 353.21.

Dated: March 22, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-7727 Filed 3-28-95; 8:45 am]

BILLING CODE 3510-DS-P