Changing Positions on Remand, Commerce Finds Calcium Glycinate Covered by AD/CVD on Glycine
The Commerce Department released July 9 its remand results of a scope ruling on calcium glycinate from India, Japan and Thailand. It said it now finds that calcium glycinate is covered by antidumping duty and countervailing duty orders on glycine “regardless of the producer, exporter, or importer” (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
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Domestic producer Deer Park brought its case challenging the department’s negative scope ruling regarding imported calcium glycinate, an input of glycine, in June 2024 (see 2406070069). The Court of International Trade remanded the case in April, holding that the department hadn’t adequately analyzed information in the investigation petitions and International Trade Commission injury investigations -- saying it relied on a “single insight” from the ITC injury investigation -- and hadn’t properly considered whether calcium glycinate was a form of either “crude or technical” glycine (see 2504100068).
In its initial scope ruling, the department determined that the calcium glycinate was only a precursor of another precursor of glycine, making it too far removed from the final product and thus not subject to the orders (see 2408130054). After the remand, Commerce’s remand results find that both new analyses supported an affirmative scope ruling.
The scope application for the AD/CVD glycine investigations defines calcium glycinate as “a precursor used in the manufacture of glycine,” it said. Further, it said, a CBP tariff classification determination from 2008 found that the subject merchandise is “also known as [g]lycine.”
It held that “calcium glycinate and glycine are both amino acids in the form of ‘free flowing white powder.’”
The department also cited the ITC injury report’s treatment of sodium glycinate as a glycine precursor as evidence, noting that calcium glycinate is subject to similar processing as sodium glycinate to produce glycine.
And it said that, “[a]s discussed, sodium glycinate is a form of ‘crude or technical glycine.” It added that the ITC’s report had similarly found that sodium glycinate was the same product as glycine slurry, “which is also covered by the scope as a form of ‘crude or technical glycine.’”