Melamine From Trinidad and Tobago: Final Determination of Sales at Less Than Fair Value, 68846-68847 [2015-28350]

Download as PDF 68846 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices Scope of the Investigation DEPARTMENT OF COMMERCE International Trade Administration [A–274–806] Melamine From Trinidad and Tobago: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) determines that melamine from the Republic of Trinidad and Tobago (‘‘Trinidad and Tobago’’) is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The final weighted-average dumping margins for the investigation of melamine from Trinidad and Tobago are listed in the ‘‘Final Determination’’ section, infra. DATES: Effective: November 6, 2015. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 17, 2015, the Department published its Preliminary Determination.1 We invited interested parties to comment on our Preliminary Determination of sales at LTFV. For a discussion of the events that occurred in this investigation subsequent to the Preliminary Determination, including parties’ case and rebuttal briefs, see the Issues and Decision Memorandum.2 Period of Investigation The period of investigation (‘‘POI’’) is October 1, 2013, through September 30, 2014. This period corresponds to the four most recent fiscal quarters prior to the month of the filing of the petition, which was November 2014.3 mstockstill on DSK4VPTVN1PROD with NOTICES 1 Melamine from Trinidad and Tobago: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 34621 (June 17, 2015) (‘‘Preliminary Determination’’). 2 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination of Sales at Less than Fair Value in the Antidumping Duty Investigation of Melamine from Trinidad and Tobago,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). 3 See 19 CFR 351.204(b)(1). VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 The merchandise subject to this investigation is melamine (Chemical Abstracts Service (‘‘CAS’’) registry number 108–78–01, molecular formula C3H6N6).4 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. For a complete description of the merchandise subject to this investigation, see Appendix I. Verification As provided in section 782(i) of the Act, from June 13, 2015, to July 15, 2015, we conducted verifications of the sales and cost information submitted by Southern Chemical Corporation, Methanol Holdings (Trinidad) Limited (‘‘MHTL’’) and Helm Italia S.R.L.5 We used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by respondents.6 Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum, which is hereby adopted by this notice.7 Appendix II to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The 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’’). ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In 4 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. 5 See Memorandum to the File, ‘‘Verification of the Cost Response of Methanol Holdings (Trinidad) Limited in the Antidumping Duty Investigation of Melamine from Trinidad and Tobago,’’ dated July 31, 2015. See also Memorandum to the File, ‘‘Antidumping Duty Investigation of Melamine from Trinidad and Tobago: Constructed Export Price, Home Market, and Third-Country Sales Verifications of Methanol Holdings (Trinidad) Limited, Southern Chemical Corporation and Helm Italia S.R.L.,’’ dated September 10, 2015. 6 Id. 7 See Issues and Decision Memorandum. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 addition, a complete version of the Issues and Decision Memorandum is available at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Amended Preliminary Determination Based on the Department’s analysis of the comments received and our findings at verification, we made certain changes to MHTL’s margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. In this investigation, we calculated a weightedaverage dumping margins for MHTL, the sole mandatory respondent, that was above de minimis and not based on section 776 of the Act. Accordingly, we have assigned MHTL’s individually calculated margin as the all-others rate for this investigation. Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: Producer and/or exporter MHTL .......................................... All Others .................................... Weightedaverage dumping margin (percent) 172.53 172.53 Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all appropriate entries of melamine from Trinidad and Tobago as described in the ‘‘Scope of the Investigation’’ section, which were entered, or withdrawn from warehouse, for consumption on or after June 17, E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 2015, the date of publication in the Federal Register of the affirmative Preliminary Determination. Further, pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price as follows: (1) For the mandatory respondent listed above, the cash deposit rate will be equal to the dumping margin which the Department determined in this final determination adjusted, as appropriate, for export subsidies found in the final determination of the companion countervailing duty investigation; 8 (2) if the exporter is not a mandatory respondent identified in this investigation, but the producer is, the cash deposit rate will be the rate established for the producer of the subject merchandise; and (3) the cash deposit rates for all other producers or exporters will be 172.53 percent. The suspension of liquidation instructions will remain in effect until further notice. mstockstill on DSK4VPTVN1PROD with NOTICES International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (‘‘ITC’’) of the final affirmative determination of sales at LTFV. As the Department’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of melamine from Trinidad and Tobago, or sales (or the likelihood of sales) for importation, of melamine from Trinidad and Tobago. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. 8 In this case, although the product under investigation is also subject to a countervailing duty investigation, the Department found no countervailing duty determined to constitute an export subsidy. Therefore, we did not offset the cash deposit rates shown above for purposes of this determination. VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or 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 sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise subject to this investigation is melamine (Chemical Abstracts Service (‘‘CAS’’) registry number 108–78–01, molecular formula C3H6N6).9 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 II—Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Depreciation Expense of Urea Plant Comment 2: Natural Gas Curtailments 9 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 00014 Fmt 4703 Sfmt 4703 68847 Comment 3: G&A Expenses Comment 4: CV Profit Comment 5: Treatment of Certain Commission Expenses Comment 6: Omission of Certain Expenses from ISE in the United States Comment 7: Treatment of CV Selling Expenses VI. Recommendation [FR Doc. 2015–28350 Filed 11–5–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–021] Melamine From the People’s Republic of China: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) determines that countervailable subsidies are being provided to producers and exporters of melamine from the People’s Republic of China (‘‘PRC’’). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective: November 6, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202– 482–4987. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioner to this investigation is Cornerstone Chemical Company (‘‘Petitioner’’). The Department selected five mandatory respondents; FarReaching Chemical Co., Ltd. (‘‘FarReaching Chemical’’), Zhongyuan Dahua Group Co., Ltd. (‘‘Zhongyuan Dahua’’), Qingdao Unichem International Trade Co., Ltd. (‘‘Qingdao Unichem’’), M and A Chemicals Corp China (‘‘M&A Chemicals’’), and Shandong Liaherd Chemical Industry Co., Ltd. (‘‘Shandong Liaherd’’). All five mandatory respondents and the Government of the PRC refused to participate in this investigation. Period of Investigation The period of investigation for which we are measuring subsidies is January 1, 2013, through December 31, 2013. E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68846-68847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28350]



[[Page 68846]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-806]


Melamine From Trinidad and Tobago: Final Determination of Sales 
at Less Than Fair Value

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

SUMMARY: The Department of Commerce (``Department'') determines that 
melamine from the Republic of Trinidad and Tobago (``Trinidad and 
Tobago'') is being, or is likely to be, sold in the United States at 
less than fair value (``LTFV''), as provided in section 735 of the 
Tariff Act of 1930, as amended (``the Act''). The final weighted-
average dumping margins for the investigation of melamine from Trinidad 
and Tobago are listed in the ``Final Determination'' section, infra.

DATES: Effective: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4243.

SUPPLEMENTARY INFORMATION:

Background

    On June 17, 2015, the Department published its Preliminary 
Determination.\1\ We invited interested parties to comment on our 
Preliminary Determination of sales at LTFV. For a discussion of the 
events that occurred in this investigation subsequent to the 
Preliminary Determination, including parties' case and rebuttal briefs, 
see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ Melamine from Trinidad and Tobago: Affirmative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 80 FR 34621 (June 17, 2015) (``Preliminary 
Determination'').
    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Issues and Decision Memorandum for the 
Final Determination of Sales at Less than Fair Value in the 
Antidumping Duty Investigation of Melamine from Trinidad and 
Tobago,'' dated concurrently with this notice (``Issues and Decision 
Memorandum'').
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (``POI'') is October 1, 2013, through 
September 30, 2014. This period corresponds to the four most recent 
fiscal quarters prior to the month of the filing of the petition, which 
was November 2014.\3\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise subject to this investigation is melamine (Chemical 
Abstracts Service (``CAS'') registry number 108-78-01, molecular 
formula C3H6N6).\4\ 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. For a complete description of the merchandise subject 
to this investigation, see Appendix I.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, from June 13, 2015, to 
July 15, 2015, we conducted verifications of the sales and cost 
information submitted by Southern Chemical Corporation, Methanol 
Holdings (Trinidad) Limited (``MHTL'') and Helm Italia S.R.L.\5\ We 
used standard verification procedures, including an examination of 
relevant accounting and production records and original source 
documents provided by respondents.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum to the File, ``Verification of the Cost 
Response of Methanol Holdings (Trinidad) Limited in the Antidumping 
Duty Investigation of Melamine from Trinidad and Tobago,'' dated 
July 31, 2015. See also Memorandum to the File, ``Antidumping Duty 
Investigation of Melamine from Trinidad and Tobago: Constructed 
Export Price, Home Market, and Third-Country Sales Verifications of 
Methanol Holdings (Trinidad) Limited, Southern Chemical Corporation 
and Helm Italia S.R.L.,'' dated September 10, 2015.
    \6\ Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised by parties in case and rebuttal 
briefs in the Issues and Decision Memorandum, which is hereby adopted 
by this notice.\7\ Appendix II to this notice includes a list of the 
issues which the parties raised and to which the Department responded 
in the Issues and Decision Memorandum. The 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''). ACCESS is available 
to registered users at http://access.trade.gov. The Issues and Decision 
Memorandum 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 Issues and Decision Memorandum is available at 
http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Changes Since the Amended Preliminary Determination

    Based on the Department's analysis of the comments received and our 
findings at verification, we made certain changes to MHTL's margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. In this investigation, we calculated a weighted-average 
dumping margins for MHTL, the sole mandatory respondent, that was above 
de minimis and not based on section 776 of the Act. Accordingly, we 
have assigned MHTL's individually calculated margin as the all-others 
rate for this investigation.

Final Determination

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
MHTL........................................................      172.53
All Others..................................................      172.53
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of melamine from 
Trinidad and Tobago as described in the ``Scope of the Investigation'' 
section, which were entered, or withdrawn from warehouse, for 
consumption on or after June 17,

[[Page 68847]]

2015, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Further, pursuant to 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which normal value exceeds U.S. price as follows: (1) For the 
mandatory respondent listed above, the cash deposit rate will be equal 
to the dumping margin which the Department determined in this final 
determination adjusted, as appropriate, for export subsidies found in 
the final determination of the companion countervailing duty 
investigation; \8\ (2) if the exporter is not a mandatory respondent 
identified in this investigation, but the producer is, the cash deposit 
rate will be the rate established for the producer of the subject 
merchandise; and (3) the cash deposit rates for all other producers or 
exporters will be 172.53 percent. The suspension of liquidation 
instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ In this case, although the product under investigation is 
also subject to a countervailing duty investigation, the Department 
found no countervailing duty determined to constitute an export 
subsidy. Therefore, we did not offset the cash deposit rates shown 
above for purposes of this determination.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the 
International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of melamine from Trinidad and Tobago, or 
sales (or the likelihood of sales) for importation, of melamine from 
Trinidad and Tobago. If the ITC determines that such injury does not 
exist, this proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305(a)(3). Timely written notification of 
return or 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 sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

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

Appendix I--Scope of the Investigation

    The merchandise subject to this investigation is melamine 
(Chemical Abstracts Service (``CAS'') registry number 108-78-01, 
molecular formula C3H6N6).\9\ 
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.
---------------------------------------------------------------------------

    \9\ 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.

Appendix II--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Depreciation Expense of Urea Plant
    Comment 2: Natural Gas Curtailments
    Comment 3: G&A Expenses
    Comment 4: CV Profit
    Comment 5: Treatment of Certain Commission Expenses
    Comment 6: Omission of Certain Expenses from ISE in the United 
States
    Comment 7: Treatment of CV Selling Expenses
VI. Recommendation

[FR Doc. 2015-28350 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P