Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 21708-21709 [2015-09003]

Download as PDF 21708 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than August 24, 2015, unless postponed. DEPARTMENT OF COMMERCE International Trade Administration [C–274–807] Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to a producer and exporter of melamine from Trinidad and Tobago. The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination. DATES: Effective date April 20, 2015. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Patricia Tran, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4793 and (202) 482–1503, respectively. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day that the Department initiated this CVD investigation, the Department also initiated a CVD investigation of melamine from the People’s Republic of China (PRC) and AD investigations of melamine from the PRC and Trinidad and Tobago.1 The AD and CVD investigations cover the same merchandise. On April 1, 2015, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(b)(4)(i), Cornerstone Chemical Company (Petitioner) requested alignment of the final CVD determination with the final AD determination of melamine from Trinidad and Tobago.2 Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD 1 See Melamine from the People’s Republic of China and Trinidad and Tobago: Initiation of Countervailing Duty Investigations, 79 FR 73030 (December 9, 2014); and Melamine from the People’s Republic of China and Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations, 79 FR 73037 (December 9, 2014). 2 See Letter from Petitioner regarding ‘‘Request for Alignment’’ (April 1, 2015). VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 Scope of the Investigation The product covered by this investigation is melamine from Trinidad and Tobago. For a complete description of the scope of the investigation, see Appendix 1 to this notice. Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Issues and Decision Memorandum.3 The Preliminary Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).4 ACCESS is available to registered users at http:// access.trade.gov and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/ index.html. The signed Preliminary Issues and Decision Memorandum and the electronic version of the Preliminary Issues and Decision Memorandum are identical in content. Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a subsidy rate for Methanol Holdings (Trinidad) Ltd. (MHTL), the only company subject to individual examination in this investigation. We preliminarily determine that MHTL’s countervailable subsidy rate is 27.48 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Melamine from Trinidad and Tobago,’’ dated concurrently with this notice (Preliminary Issues and Decision Memorandum). 4 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the regulations can be found at 79 FR 69046 (November 20, 2014). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 percent ad valorem. The All Others rate is 27.48 percent ad valorem, which is the rate calculated for MHTL. In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of melamine from Trinidad and Tobago that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.5 Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Issues and Decision Memorandum. U.S. International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act. Dated: April 13, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1 Scope of the Investigation The merchandise subject to this investigation is melamine (Chemical Abstracts Service (CAS) registry number 108– 5 See E:\FR\FM\20APN1.SGM 19 CFR 351.224(b). 20APN1 21709 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices 78–01, molecular formula C3H6N6).6 Melamine is a crystalline powder or granule typically (but not exclusively) used to manufacture melamine formaldehyde resins. All melamine is covered by the scope of this investigation irrespective of purity, particle size, or physical form. Melamine that has been blended with other products is included within this scope when such blends include constituent parts that have been intermingled, but that have not been chemically reacted with each other to produce a different product. For such blends, only the melamine component of the mixture is covered by the scope of this investigation. Melamine that is otherwise subject to this investigation is not excluded when commingled with melamine from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. The subject merchandise is provided for in subheading 2933.61.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix 2 List of Topics Discussed in the Preliminary Issues and Decision Memorandum 1. Summary 2. Background 3. Alignment 4. Scope Comments 5. Scope of the Investigation 6. Injury Test 7. Subsidies Valuation 8. Unequityworthiness and Uncreditworthiness 9. Analysis of Programs 10. ITC Notification 11. Disclosure and Public Comment 12. Verification 13. Conclusion [FR Doc. 2015–09003 Filed 4–17–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an InQuota Rate of Duty Enforcement and Compliance, International Trade Administration Department of Commerce. DATES: Effective Date: April 20, 2015. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230, telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of 1979 (as amended) (the Act) requires the Department of Commerce (the Department) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish quarterly updates to the type and amount of those subsidies. We hereby provide the Department’s quarterly update of subsidies on articles of cheese that were imported during the AGENCY: periods October 1, 2014 through December 31, 2014. The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies, as defined in section 702(h) of the Act, being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230. This determination and notice are in accordance with section 702(a) of the Act. Dated: April 13, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Subsidy Programs on Cheese Subject to an In-Quota Rate of Duty Gross 1 subsidy ($/lb) Net 2 subsidy ($/lb) Country Program(s) 28 European Union Member States 3 ...................... Canada ..................................................................... Norway ...................................................................... European Union Restitution Payments .................... Export Assistance on Certain Types of Cheese ...... Indirect (Milk) Subsidy .............................................. Consumer Subsidy Total .......................................... $0.00 0.40 0.00 0.00 $0.00 0.40 0.00 0.00 Switzerland ............................................................... Total .......................................................................... Deficiency Payments ................................................ 0.00 0.00 0.00 0.00 1 Defined in 19 U.S.C. 1677(5). in 19 U.S.C. 1677(6). 28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. 2 Defined mstockstill on DSK4VPTVN1PROD with NOTICES 3 The [FR Doc. 2015–09030 Filed 4–17–15; 8:45 am] BILLING CODE 3510–DS–P 6 Melamine is also known as 2,4,6-triamino-striazine; l,3,5-Triazine-2,4,6-triamine; VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names. PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21708-21709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09003]



[[Page 21708]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-274-807]


Melamine From Trinidad and Tobago: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to a 
producer and exporter of melamine from Trinidad and Tobago. The period 
of investigation is January 1, 2013, through December 31, 2013. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective date April 20, 2015.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Patricia Tran, 
Office III, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4793 and (202) 482-1503, respectively.

Alignment of Final Countervailing Duty (CVD) Determination With Final 
Antidumping Duty (AD) Determination

    On the same day that the Department initiated this CVD 
investigation, the Department also initiated a CVD investigation of 
melamine from the People's Republic of China (PRC) and AD 
investigations of melamine from the PRC and Trinidad and Tobago.\1\ The 
AD and CVD investigations cover the same merchandise. On April 1, 2015, 
in accordance with section 705(a)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.210(b)(4)(i), Cornerstone Chemical 
Company (Petitioner) requested alignment of the final CVD determination 
with the final AD determination of melamine from Trinidad and 
Tobago.\2\ Therefore, in accordance with section 705(a)(1) of the Act 
and 19 CFR 351.210(b)(4)(i), we are aligning the final CVD 
determination with the final AD determination. Consequently, the final 
CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
August 24, 2015, unless postponed.
---------------------------------------------------------------------------

    \1\ See Melamine from the People's Republic of China and 
Trinidad and Tobago: Initiation of Countervailing Duty 
Investigations, 79 FR 73030 (December 9, 2014); and Melamine from 
the People's Republic of China and Trinidad and Tobago: Initiation 
of Less-Than-Fair-Value Investigations, 79 FR 73037 (December 9, 
2014).
    \2\ See Letter from Petitioner regarding ``Request for 
Alignment'' (April 1, 2015).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is melamine from Trinidad 
and Tobago. For a complete description of the scope of the 
investigation, see Appendix 1 to this notice.

Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Issues and 
Decision Memorandum.\3\ The Preliminary Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\4\ ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Issues and Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Issues and 
Decision Memorandum and the electronic version of the Preliminary 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Melamine from Trinidad and 
Tobago,'' dated concurrently with this notice (Preliminary Issues 
and Decision Memorandum).
    \4\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a subsidy rate for Methanol Holdings (Trinidad) Ltd. (MHTL), 
the only company subject to individual examination in this 
investigation. We preliminarily determine that MHTL's countervailable 
subsidy rate is 27.48 percent ad valorem. The All Others rate is 27.48 
percent ad valorem, which is the rate calculated for MHTL.
    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of melamine from Trinidad and Tobago that 
are entered, or withdrawn from warehouse, for consumption on or after 
the date of the publication of this notice in the Federal Register, and 
to require a cash deposit for such entries of merchandise in the 
amounts indicated above.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\5\ 
Interested parties may submit case and rebuttal briefs. For a schedule 
of the deadlines for filing case briefs, rebuttal briefs, and hearing 
requests, see the Preliminary Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

    Dated: April 13, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The merchandise subject to this investigation is melamine 
(Chemical Abstracts Service (CAS) registry number 108-

[[Page 21709]]

78-01, molecular formula 
C3H6N6).\6\ Melamine is a 
crystalline powder or granule typically (but not exclusively) used 
to manufacture melamine formaldehyde resins. All melamine is covered 
by the scope of this investigation irrespective of purity, particle 
size, or physical form. Melamine that has been blended with other 
products is included within this scope when such blends include 
constituent parts that have been intermingled, but that have not 
been chemically reacted with each other to produce a different 
product. For such blends, only the melamine component of the mixture 
is covered by the scope of this investigation. Melamine that is 
otherwise subject to this investigation is not excluded when 
commingled with melamine from sources not subject to this 
investigation. Only the subject component of such commingled 
products is covered by the scope of this investigation.
---------------------------------------------------------------------------

    \6\ Melamine is also known as 2,4,6-triamino-s-triazine; l,3,5-
Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; 
Cyanuramide; and by various brand names.
---------------------------------------------------------------------------

    The subject merchandise is provided for in subheading 
2933.61.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading and CAS registry number are 
provided for convenience and customs purposes, the written 
description of the scope is dispositive.

Appendix 2

List of Topics Discussed in the Preliminary Issues and Decision 
Memorandum

1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Injury Test
7. Subsidies Valuation
8. Unequityworthiness and Uncreditworthiness
9. Analysis of Programs
10. ITC Notification
11. Disclosure and Public Comment
12. Verification
13. Conclusion

[FR Doc. 2015-09003 Filed 4-17-15; 8:45 am]
 BILLING CODE 3510-DS-P