Melamine From Trinidad and Tobago: Final Affirmative Countervailing Duty Determination, 68849-68851 [2015-28349]

Download as PDF Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices We determine the total estimated net countervailable subsidy rates to be: Subsidy rate (percent) Company mstockstill on DSK4VPTVN1PROD with NOTICES Far-Reaching Chemical Co., Ltd M and A Chemicals Corp China Qingdao Unichem International Trade Co., Ltd ......................... Shandong Liaherd Chemical Industry Co., Ltd ........................ Zhongyuan Dahua Group Co., Ltd ........................................... All Others .................................... 154.00 154.00 ITC confirms it will not disclose such information, either publicly or under an administrative protective order (‘‘APO’’), without the written consent of the Assistant Secretary for Enforcement and Compliance. Return or Destruction of Proprietary Information 154.00 In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their 154.00 154.58 responsibility concerning the destruction of proprietary information disclosed under APO in accordance As a result of our Preliminary with 19 CFR 351.305(a)(3). Timely Determination, and pursuant to section written notification of the return/ 703(d) of the Act, we instructed U.S. Customs and Border Protection (‘‘CBP’’) destruction of APO materials or conversion to judicial protective order is to suspend liquidation of all entries of hereby requested. Failure to comply melamine from the PRC that were with the regulations and terms of an entered or withdrawn from warehouse, APO is a violation that is subject to for consumption on or after April 20, sanction. 2015, the date of publication of the Preliminary Determination in the This determination is published Federal Register. In accordance with pursuant to sections 705(d) and 777(i) of section 703(d) of the Act, we issued the Act. instructions to CBP to discontinue the Dated: October 30, 2015. suspension of liquidation for CVD Paul Piquado, purposes for subject merchandise entered, or withdrawn from warehouse, Assistant Secretary for Enforcement and Compliance. on or after August 18, 2015, but to [FR Doc. 2015–28351 Filed 11–5–15; 8:45 am] continue the suspension of liquidation BILLING CODE 3510–DS–P of all entries from April 20, 2015, through August 17, 2015. If the U.S. International Trade DEPARTMENT OF COMMERCE Commission (‘‘ITC’’) issues a final affirmative injury determination, we International Trade Administration will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash [C–274–807] deposit of estimated CVDs for such Melamine From Trinidad and Tobago: entries of merchandise in the amounts Final Affirmative Countervailing Duty indicated above. If the ITC determines Determination that material injury, or threat of material injury, does not exist, this proceeding AGENCY: Enforcement and Compliance, will be terminated and all estimated International Trade Administration, duties deposited or securities posted as Commerce. a result of the suspension of liquidation SUMMARY: The Department of Commerce will be refunded or canceled. (the Department) determines that ITC Notification countervailable subsidies are being provided to a producer and exporter of In accordance with section 705(d) of melamine from Trinidad and Tobago. the Act, we will notify the ITC of our For more information on the estimated determination. In addition, we are subsidy rate, see the ‘‘Final making available to the ITC all nonDetermination’’ section of this notice. privileged and non-proprietary information related to this investigation. DATES: Effective: November 6, 2015. We will allow the ITC access to all FOR FURTHER INFORMATION CONTACT: privileged and business proprietary Kristen Johnson or Patricia Tran, Office information in our files, provided the III, AD/CVD Operations, Enforcement and Compliance, International Trade 8 See Preliminary Decision Memorandum at 7, Administration, U.S. Department of where we explained that the AFA rate applicable Commerce, 14th Street and Constitution to Shandong Liaherd includes additional grant Avenue NW., Washington, DC 20230; programs applicable only to Shandong Liaherd based upon information contained in Shandong’s telephone: (202) 482–4793, or (202) Liaherd’s financial statements. See also ‘‘Initiation 482–1503, respectively. Checklist: Melamine from the People’s Republic of China’’ (December 2, 2014). SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:21 Nov 05, 2015 8 156.90 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 68849 Background Petitioner in this investigation is Cornerstone Chemical Company. In addition to the Government of the Republic of Trinidad and Tobago, the mandatory respondent is Methanol Holdings (Trinidad) Ltd. (MHTL). The period of investigation for which we measured subsidies is January 1, 2013, through December 31, 2013. Case History The events that occurred in this investigation since the Department published the Preliminary Determination on April 20, 2015,1 are discussed in the Final Decision Memorandum, which is hereby adopted by this notice.2 The Final 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). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Final Decision Memorandum and the electronic version of the Final Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is melamine (Chemical Abstracts Service (CAS) registry number 108–78–01, molecular formula C3H6N6).3 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 1 See Melamine from Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 80 FR 21708 (April 20, 2015) (Preliminary Determination). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Melamine from Trinidad and Tobago,’’ dated concurrently with this notice (Final Decision Memorandum). 3 Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names. E:\FR\FM\06NON1.SGM 06NON1 68850 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES Analysis of Subsidy Programs and Comments Received The Department has conducted this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). The subsidy programs under investigation, the changes we made since the Preliminary Determination, the issues raised in the case and rebuttal briefs filed by interested parties, and a full description of the methodology underlying our conclusions are discussed in the Final Decision Memorandum. A list of subsidy programs and the issues that parties raised is attached to this notice as an appendix. Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a subsidy rate for MHTL, the only company subject to individual examination in this investigation. We determine that MHTL’s total estimated net countervailable subsidy rate is 6.79 percent ad valorem.4 Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, we will determine an ‘‘all others’’ rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Where the rates for investigated companies are zero or 4 We intend to disclose to parties the calculations performed in this proceeding within five days of the public announcement of this notice in accordance with 19 CFR 351.224(b). VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 de minimis, or based entirely on facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an ‘‘all others’’ rate using ‘‘any reasonable method.’’ As MHTL is the only company subject to individual examination in this investigation and its rate is not zero, de minimis, or based on facts otherwise available, we have assigned the 6.79 percent ad valorem rate calculated for MHTL as the ‘‘all others’’ rate in this investigation. As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of all entries of subject merchandise from Trinidad and Tobago, which were entered or withdrawn from warehouse, for consumption on or after April 20, 2015, the date of the publication of the Preliminary Determination. In accordance with section 703(d) of the Act, we later issued instructions to CBP to discontinue the collection of cash deposits and suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after August 18, 2015, but to continue the collection of cash deposits and suspension of liquidation of all entries from April 20, 2015, through August 17, 2015. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated duties for such entries of merchandise in the amounts indicated above. However, if the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) 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 related 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 (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Final Decision Memorandum 1. Summary 2. Background A. Since Publication of the Preliminary Determination B. Comments 3. Scope of the Investigation 4. Subsidies Valuation A. Period of Investigation B. Allocation Period C. Attribution of Subsidies D. Denominators E. Discount Rates 5. Analysis of Programs A. Programs Determined to Be Countervailable 1. Fiscal Incentives Act: Tax Programs a. Corporate Tax Exemption b. Customs Duties: Import Duties and VAT Exemption 2. Provision of Natural Gas for Less Than Adequate Remuneration (LTAR) B. Program Determined Not to Be Countervailable 1. Provision of Electricity for LTAR C. Program Determined to Not Confer a Subsidy to MHTL 1. Bailout Program D. Programs Determined Not To Be Used 1. Certain Income Taxes under the Fiscal Incentives Order 2. Land and Building Taxes 6. Analysis of Comments Comment 1: Whether MHTL Was CrossOwned with Colonial Life Insurance Company (Trinidad) Limited (CLICO) Comment 2: Whether the CLICO Bailout Should Be Attributed to MHTL Comment 3: Whether Any Bailout Subsidies Were Extinguished When CLICO Sold Its Shares in MHTL Comment 4: Whether the Provision of Natural Gas for LTAR Is Countervailable Comment 5: Whether the Import Duties and Value Added Tax (VAT) Exemption Is Countervailable E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices Comment 6: Whether the VAT Benefit Calculation Should Be Revised Comment 7: Whether MHTL’s Sales Denominator Should Be Revised 7. Recommendation [FR Doc. 2015–28349 Filed 11–5–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–020] Melamine From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On June 18, 2015, the Department of Commerce (‘‘Department’’) published the preliminary determination of sales at less than fair value (‘‘LTFV’’) of melamine from the People’s Republic of China (‘‘PRC’’).1 The Department requested from interested parties, but did not receive, comments on the Preliminary Determination, which was based entirely on adverse facts available. The Department, thus, determines that melamine from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (the ‘‘Act’’). The period of investigation (‘‘POI’’) is April 1, 2014, though September 30, 2014. The final weighted-average dumping margin of sales at LTFV is listed below in the ‘‘Final Determinations’’ section of this notice. DATES: Effective: November 6, 2015. FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3965. SUPPLEMENTARY INFORMATION: AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES Background On June 18, 2015, the Department published the Preliminary Determination.2 In the Preliminary 1 See Melamine from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 80 FR 34891 (June 18, 2015) (‘‘Preliminary Determination''). 2 See Preliminary Determination and accompanying Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Decision Memorandum for Preliminary Determination of the Antidumping Duty Investigation of Melamine from VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 Determination, the Department found that the mandatory respondents did not establish their eligibility for a separate rate and were thus part of the PRC-wide entity. In addition, because the PRCwide entity failed to cooperate to the best of its ability in complying with our requests for information, we preliminarily determined an estimated weighted-average dumping margin based on adverse facts available for the PRC-wide entity in accordance with section 776 of the Act and 19 CFR 351.308.3 The Department invited all interested parties to provide comment on these findings. No interested party provided comments on our preliminary determination. Therefore, this final determination does not differ from the Preliminary Determination. On July 2, 2015, the Department postponed the final determination until November 2, 2015.4 Scope of the Order The merchandise subject to this investigation is melamine (Chemical Abstracts Service (‘‘CAS’’) registry number 108–78–01, molecular formula C3H6N6).5 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 these investigations. 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 the People’s Republic of China,’’ dated June 10, 2015 (‘‘Preliminary Decision Memorandum’’). 3 Id. 4 See Melamine from the People's Republic of China: Postponement of Final Determination of Sales at Less Than Fair Value, 80 FR 38175 (July 2, 2015). 5 Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 68851 and customs purposes, the written description of the scope is dispositive. Separate Rate In the Preliminary Determination, we determined that none of the exporters subject to this investigation demonstrated their eligibility for a separate rate and as such are part of the PRC-wide entity.6 No party commented on this determination. As a result, for this final determination, we are continuing to treat these exporters as part of the PRC-wide entity and subject to the PRC-wide rate. PRC-Wide Entity In the Preliminary Determination, the Department assigned to the PRC-wide entity a rate of 363.31 percent based upon AFA.7 Given that the Department did not receive any comments from interested parties, for this final determination, the Department continues to assign an AFA rate of 363.31 percent to the PRC-wide entity. Final Determination The Department determines that the estimated final weighted-average dumping margin is as follows: Exporter Weightedaverage margin (percent) PRC-Wide Entity 8 ...................... 363.31 Disclosure Normally, the Department discloses to interested parties the calculations 6 See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 3–5. 7 See Preliminary Determination, 80 FR at 34892. 8 The PRC-wide entity includes the mandatory respondents Allied Chemicals Inc., Xinji Jiuyuan Chemical Co., Ltd., Sichuan Golden Elephant Sincerity Chemical Co., Ltd., and Zhongyuan Dahua Group Inc., which withdrew from the investigation prior to respondent selection. The PRC-wide entity also includes 26 exporters which received a quantity and value questionnaire from the Department but did not respond to the questionnaire. Those companies are: Anhui Jinhe Industrial Co., Ltd., Anhui Sunson Chemical Group Co., Ltd., Chengdu Yulong Chemical Co., Ltd., Fujian Sangang (Group), Hebei Jinglong Fengli Chemical Co., Ltd., Hefei Tianfeng Import & Export Co Ltd. China, Henan Zhongyuan Dahua Group Co., Ltd., JianFeng Chemicals, Jiangsu Heyou Group Co., Ltd., Jiangsu Sanmu Group Corporation, Kaiwei Investment Group, M and A Chemicals, Corp China, Nanjing Deju Trading Co Ltd. China, Nantong Zixin Industrial Co., Ltd., OCI Trading (Shanghai) Co., Ltd. China, Panjin Zhongrun Chemical Co., Ltd., Qingdao Shida Chemical Co., Ltd. China, Shandong Jinmei Mingshui Chemical Co., Ltd., Shandong Liaherd Chemical Industry Co., Ltd., Shandong Sanhe Chemical Company Ltd., Shandong Xintai Liaherd Chemical Co., Ltd., Shandong Yixing Melamine Co., Ltd., Sichuan Chemical Works Group Ltd., Sinopec Jinling Petrochemical Co., Ltd., E:\FR\FM\06NON1.SGM Continued 06NON1

Agencies

[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68849-68851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28349]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-274-807]


Melamine From Trinidad and Tobago: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to a producer and exporter 
of melamine from Trinidad and Tobago. For more information on the 
estimated subsidy rate, see the ``Final Determination'' section of this 
notice.

DATES: Effective: November 6, 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, or (202) 482-1503, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Petitioner in this investigation is Cornerstone Chemical Company. 
In addition to the Government of the Republic of Trinidad and Tobago, 
the mandatory respondent is Methanol Holdings (Trinidad) Ltd. (MHTL). 
The period of investigation for which we measured subsidies is January 
1, 2013, through December 31, 2013.

Case History

    The events that occurred in this investigation since the Department 
published the Preliminary Determination on April 20, 2015,\1\ are 
discussed in the Final Decision Memorandum, which is hereby adopted by 
this notice.\2\ The Final 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). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Final Decision Memorandum can be accessed directly on 
the internet at http://enforcement.trade.gov/frn/index.html. The signed 
Final Decision Memorandum and the electronic version of the Final 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Melamine from Trinidad and Tobago: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Determination, 80 FR 21708 
(April 20, 2015) (Preliminary Determination).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Issues and Decision Memorandum for the Final Affirmative 
Determination in the Countervailing Duty Investigation of Melamine 
from Trinidad and Tobago,'' dated concurrently with this notice 
(Final Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is melamine (Chemical 
Abstracts Service (CAS) registry number 108-78-01, molecular formula 
C3H6N6).\3\ 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

[[Page 68850]]

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.
---------------------------------------------------------------------------

    \3\ Melamine is also known as 2,4,6-triamino-s-triazine; 1,3,5-
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.

Analysis of Subsidy Programs and Comments Received

    The Department has conducted this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). The subsidy programs under investigation, the 
changes we made since the Preliminary Determination, the issues raised 
in the case and rebuttal briefs filed by interested parties, and a full 
description of the methodology underlying our conclusions are discussed 
in the Final Decision Memorandum. A list of subsidy programs and the 
issues that parties raised is attached to this notice as an appendix.

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a subsidy rate for MHTL, the only company subject to 
individual examination in this investigation. We determine that MHTL's 
total estimated net countervailable subsidy rate is 6.79 percent ad 
valorem.\4\
---------------------------------------------------------------------------

    \4\ We intend to disclose to parties the calculations performed 
in this proceeding within five days of the public announcement of 
this notice in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Section 705(c)(5)(A)(i) of the Act states that, for companies not 
individually investigated, we will determine an ``all others'' rate 
equal to the weighted-average countervailable subsidy rates established 
for exporters and producers individually investigated, excluding any 
zero and de minimis countervailable subsidy rates, and any rates 
determined entirely under section 776 of the Act. Where the rates for 
investigated companies are zero or de minimis, or based entirely on 
facts otherwise available, section 705(c)(5)(A)(ii) of the Act 
instructs the Department to establish an ``all others'' rate using 
``any reasonable method.'' As MHTL is the only company subject to 
individual examination in this investigation and its rate is not zero, 
de minimis, or based on facts otherwise available, we have assigned the 
6.79 percent ad valorem rate calculated for MHTL as the ``all others'' 
rate in this investigation.
    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to collect cash deposits and suspend liquidation of 
all entries of subject merchandise from Trinidad and Tobago, which were 
entered or withdrawn from warehouse, for consumption on or after April 
20, 2015, the date of the publication of the Preliminary Determination. 
In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the collection of cash deposits and 
suspension of liquidation for CVD purposes for subject merchandise 
entered, or withdrawn from warehouse, on or after August 18, 2015, but 
to continue the collection of cash deposits and suspension of 
liquidation of all entries from April 20, 2015, through August 17, 
2015.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated duties for such entries of 
merchandise in the amounts indicated above. However, if the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) 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 related 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 (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Decision Memorandum

1. Summary
2. Background
    A. Since Publication of the Preliminary Determination
    B. Comments
3. Scope of the Investigation
4. Subsidies Valuation
    A. Period of Investigation
    B. Allocation Period
    C. Attribution of Subsidies
    D. Denominators
    E. Discount Rates
5. Analysis of Programs
    A. Programs Determined to Be Countervailable
    1. Fiscal Incentives Act: Tax Programs
    a. Corporate Tax Exemption
    b. Customs Duties: Import Duties and VAT Exemption
    2. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    B. Program Determined Not to Be Countervailable
    1. Provision of Electricity for LTAR
    C. Program Determined to Not Confer a Subsidy to MHTL
    1. Bailout Program
    D. Programs Determined Not To Be Used
    1. Certain Income Taxes under the Fiscal Incentives Order
    2. Land and Building Taxes
6. Analysis of Comments
    Comment 1: Whether MHTL Was Cross-Owned with Colonial Life 
Insurance Company (Trinidad) Limited (CLICO)
    Comment 2: Whether the CLICO Bailout Should Be Attributed to 
MHTL
    Comment 3: Whether Any Bailout Subsidies Were Extinguished When 
CLICO Sold Its Shares in MHTL
    Comment 4: Whether the Provision of Natural Gas for LTAR Is 
Countervailable
    Comment 5: Whether the Import Duties and Value Added Tax (VAT) 
Exemption Is Countervailable

[[Page 68851]]

    Comment 6: Whether the VAT Benefit Calculation Should Be Revised
    Comment 7: Whether MHTL's Sales Denominator Should Be Revised
7. Recommendation

[FR Doc. 2015-28349 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P