Glycine: Commerce Issues CV Duty Final Determinations for China and India
The Commerce Department issued its final determinations in the countervailing duty investigations on glycine from China (C-570-081) and India (C-533-884). Suspension of liquidation is currently not in effect for entries on or after Jan. 2, 2019, and Commerce will only require cash deposits of estimated CV duties on future entries if it issues a CV duty order.
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Before Commerce issues any CV duty orders, the International Trade Commission must find injury to U.S. industry in its final injury determinations, currently due June 10. In the event of an ITC final determination of no injury for any of these investigations, that investigation will be terminated with no duties imposed, and all cash deposits collected as a result of the investigation will be refunded.
Commerce also issued final determinations in its concurrent antidumping duty investigations on glycine from India and Japan (see 1904300032). An AD duty order is already in place on glycine from China. The agency is indefinitely postponing AD/CV duty investigations on glycine from Thailand while it considers transshipment allegations made in a concurrent CBP Enforce and Protect Act AD/CVD evasion investigation (see 1904300155).
CV Susp/Cash Deposit Through Jan. 1
Commerce has instructed CBP to continue the suspension of liquidation of entries from Sept. 4, 2018, the date of its preliminary determinations in these investigations, through Jan. 1, 2019.
CV Liq Reinstated and No CV Cash Deposit as of Jan. 2
Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits for subject merchandise entered on or after Jan. 2, the expiration date of the 120-day "provisional measures" period during which Commerce can suspend liquidation after the preliminary determination but without a CV duty order in place.
Suspension of liquidation remains in effect for AD duty purposes.
CV Liq to Be Suspended Again and CV Cash Deposit Required If Order Issued
Commerce will issue CV duty orders, reinstate CV duty suspension of liquidation (except for companies that receive a zero rate), and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues final affirmative injury determinations.
India
| Manufacturer/Exporter | CV Rate |
|---|---|
| Kumar Industries, India | 6.99% (from 26.07%) |
| Paras Intermediates Private Limited | 3.03% (unchanged) |
| All Others | 5.01% (from 14.55%) |
China
| Manufacturer/Exporter | CV Rate |
|---|---|
| JC Chemicals Limited | 144.01% (unchanged) |
| Sigmachem Corp. | 144.01% (unchanged) |
| All Others | 144.01% (unchanged) |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the "gap period" of Jan. 2 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 01/01/17 - 12/31/17. See Commerce's notice for more information, including the scope of the order, detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 1809040025 for a summary of the preliminary determination of this investigation.)
(Federal Register 05/01/19)