• Effective Date: Sep 17, 2018
  • Period of Review: Mar 01, 2015 to Feb 29, 2016
  • Cite as: 83 FR 49363 • Cite date: Oct 01, 2018

1. On 10/01/2018 (83 FR 49363), Commerce published in the Federal Register its amended final results of administrative review of the antidumping duty order on glycine from the People's Republic of China (China). See message 9326302, dated 11/22/2019.

2. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. In accordance with 19 U.S.C. 1520(a)(4), CBP is authorized to grant a refund, if requested by the importer, of cash deposits for entries of glycine from China which were entered, or withdrawn from warehouse, for consumption, under the cash deposit rate for the China-wide entity, effective 09/17/2018.

3. On 12/10/2012, Commerce published in the Federal Register its final affirmative determination of circumvention of the antidumping duty order on glycine from China (A-570-836) (77 FR 73426). Commerce determined that all glycine produced and/or exported from India by AICO Laboratories India Ltd. and Salvi Chemical Industries Limited was circumventing the antidumping order. Accordingly, Commerce created case number A-533-975 to accommodate entries of merchandise classified with India as the country of origin for Customs purposes, but subject to the antidumping duty order on glycine from China. See, e.g., message number 2353309, dated 12/18/2012.

For all shipments sourced from China exporters which have not been assigned a separate rate and produced and/or exported from India by AICO Laboratories India Ltd. and Salvi Chemical Industries Limited and entered, or withdrawn from warehouse, for consumption on or after 09/17/2018, the required cash deposit will be the rate of the China-wide entity.

4. The refund amount will be calculated by determining the difference between the amount of cash deposits paid as a result of the application of the final results rate and the amount due as a result of the application of the amended final results rate.

5. The deposit rate that was assigned to the China-wide entity in the final results of review was 453.79%. See message 5295307, dated 10/22/2015. The amended deposit rate assigned in the amended final results is 155.89%. See message number 9326302, dated 11/22/2019.

6. Do not liquidate entries of product from China produced and/or exported by the entities listed in paragraph 5 above until specific liquidation instructions are issued.

7. The assessment of antidumping/countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping/countervailing duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVI:EAA.)

9. There are no restrictions on release of this information.

Alexander Amdur