China Glycine: ITA Finds Circumvention by 2 Indian Cos.; Importer Certifications Needed for India Glycine Imports
The International Trade Administration found that imports of glycine from Indian companies Salvi Chemical Industries Limited and AICO Laboratories India, exported from India to the U.S., are circumventing the antidumping duty order on glycine from China (A-570-836). The ITA also made a final scope determination that the processing of Chinese-origin technical grade or crude glycine is not substantially transformed into glycine of Indian origin, and such glycine remains within the scope of the AD duty order. The ITA will instruct CBP to continue to suspend liquidation and collect cash deposits on imports of subject merchandise, produced and/or exported by Salvi and AICO, entered on or after Oct. 22, 2010. A certification requirement will also apply to these imports.
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The ITA also found that imports of glycine from India produced by Paras Intermediates Pvt. Ltd. are not circumventing the AD duty order on glycine from China.
Final Scope Ruling
Concurrently with this anticircumvention inquiry, the ITA also made a final scope determination that the processing of Chinese-origin technical grade or crude glycine, including but not limited to AAA-97TE, ACAA- 97TE, sodium glycinate and glycine slurry, is not substantially transformed into glycine of Indian origin and therefore such glycine remains within the scope of the AD duty order on glycine from China.
Continuation of Suspension of Liquidation
The ITA will instruct CBP to continue to suspend liquidation and collect cash deposits on all unliquidated entries of glycine processed by AICO and Salvi and exported to the United States from India at the rate applicable to the relevant PRC-manufacturer, including the current PRC-wide entity if applicable. This requirement has been in effect since October 22, 2010, the date of initiation of the anti-circumvention inquiry.
This final affirmative circumvention determination is not a finding of dumping by AICO and Salvi, the ITA said, and as such is not a determination of final liability for AD duties. AICO or Salvi can request a review of its exports so that the Department may determine the final dumping liability through the standard administrative process, the ITA said.
Certification Required from Importer
Importers claiming Indian origin glycine will be required to certify and have documentation available to demonstrate, when requested by CBP, that any glycine being imported into the United States is produced from raw materials and is not processed from China-origin crude or technical glycine, the ITA said. Importers will be required to keep these certifications, and documentation supporting the certifications, on file as they may be subject to verification and/or audit by the U.S. Government.
(See ITT’s Online Archives 12041003 for summary of the ITA’s preliminary affirmative determination of circumvention.)