Melamine From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 68847-68849 [2015-28351]
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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entered, or withdrawn from warehouse,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.
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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.
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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.
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68848
Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
Case History
The Department published its
Preliminary Determination on April 20,
2015.1 In it, the Department applied an
adverse inference to find that the
programs on which the Department
initiated this investigation and the
programs which the Department
subsequently included in this
investigation pursuant to allegations
made by Petitioner,2 are
countervailable. Further, the
Department applied an adverse
inference in its calculation of the ad
valorem estimated countervailable
subsidy rate for Far-Reaching Chemical,
Zhongyuan Dahua, Qingdao Unichem,
M&A Chemicals, and Shandong
Liaherd. The Department invited, but
did not receive, interested party
comments on the Preliminary
Determination. Thus, we have made no
changes from the Preliminary
Determination with respect to the
determination to apply adverse
inferences. However, as explained
below, we made certain changes
to the ad valorem final subsidy
rate.
Also in the Preliminary
Determination, pursuant to section
705(a)(1) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.210(b)(4), we aligned the final
countervailing duty (‘‘CVD’’)
determination with the final
antidumping duty (‘‘AD’’)
determination. On July 2, 2015, the
Department postponed the final AD
determination (and, thus, the instant,
aligned, CVD determination) until
November 2, 2015.3
mstockstill on DSK4VPTVN1PROD with NOTICES
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 Melamine is a crystalline
1 See Melamine From the People's Republic of
China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 80 FR 21706 (April 20, 2015)
(‘‘Preliminary Determination’’), and the
accompanying Preliminary Decision
Memorandum.
2 See the Department’s memorandum entitled
‘‘Countervailing Duty Investigation on Melamine
from the People’s Republic of China: January 27,
2015 New Subsidy Allegations,’’ dated March 25,
2015.
3 See Melamine from the People's Republic of
China: Postponement of Final Determination of
Sales at Less Than Fair Value, 80 FR 38175 (July
02, 2015).
4 Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6-triamine;
VerDate Sep<11>2014
17:21 Nov 05, 2015
Jkt 238001
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.
Use of Facts Otherwise Available,
Including Adverse Inferences
For purposes of this final
determination, we relied on facts
available and applied an adverse
inference, in accordance with sections
776(a) and (b) of the Act, with regard to
(1) the existence of a financial
contribution, benefit, and specificity for
the alleged subsidy programs and (2) the
net subsidy rates assigned to FarReaching Chemical, Zhongyuan Dahua,
Qingdao Unichem, M&A Chemicals, and
Shandong Liaherd. A full discussion of
our decision to rely on adverse facts
available (‘‘AFA’’) is presented in the
Preliminary Decision Memorandum
under the section ‘‘Use of Facts
Otherwise Available and Adverse
Inferences.’’ However, for this final
determination we are making certain
changes to the AFA rates.5 Specifically,
we are revising the AFA rates for
‘‘Preferential Export Financing from the
Export-Import Bank of China’’ and
‘‘Reduced Fee Export Insurance’’ to
Cyanurotriamide; Cyanurotriamine; Cyanuramide;
and by various brand names.
5 See Memorandum to the File titled ‘‘Melamine
from the People’s Republic of China: Final
Calculations,’’ dated November 2, 2015.
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Frm 00015
Fmt 4703
Sfmt 4703
reflect the highest calculated CVD rates
for these programs.6
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we have
calculated individual rates for FarReaching Chemical, Zhongyuan Dahua,
Qingdao Unichem, M&A Chemicals, and
Shandong Liaherd. Section
705(c)(5)(A)(i) of the Act states that for
companies not individually
investigated, we will determine an ‘‘allothers’’ rate equal to the weighted
average countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
rates, and any rates determined entirely
under section 776 of the Act. Section
705(c)(5)(A)(ii) of the Act states that if
the countervailable subsidy rates for all
exporters and producers individually
investigated are zero or de minimis
rates, or are determined entirely under
section 776 of the Act, the Department
may use any reasonable method to
establish an all-others rate for exporters
and producers not individually
investigated, including averaging the
weighted average countervailable
subsidy rates determined for the
exporters and producers individually
investigated. As described above, all of
the mandatory respondents’ subsidy
rates were calculated entirely under
section 776 of the Act. Therefore, we
have resorted to ‘‘any reasonable
method’’ to derive the ‘‘all-others’’ rate,
as described under section
705(c)(5)(A)(ii) of the Act. We are
basing the ‘‘all-others’’ rate on the
simple average of the five rates
determined for the mandatory
respondents, consistent with section
705(c)(5)(A)(ii) of the Act.7
6 Id. See also Countervailing Duty Investigation of
Certain Passenger Vehicle and Light Truck Tires
From the People's Republic of China: Final
Affirmative Determination, and Final Affirmative
Critical Circumstances Determination, in Part, 80
FR 34888 (June 18, 2015), and accompanying issues
and decision memorandum (where we calculated a
rate of 4.25 percent for the similar program ‘‘Export
Seller’s Credits from the Export Import Bank of
China’’), unchanged in Certain Passenger Vehicle
and Light Truck Tires From the People's Republic
of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order;
and Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
80 FR 47902 (August 10, 2015).
7 See, e.g., Carbon and Certain Alloy Steel Wire
Rod From the People's Republic of China: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances
Determination, 79 FR 68858 (November 19, 2014).
E:\FR\FM\06NON1.SGM
06NON1
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
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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 https://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 https://
enforcement.trade.gov/frn/.
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
]]>Agencies
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68847-68849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28351]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-021]
Melamine From the People's Republic of China: Final Affirmative
Countervailing Duty Determination
AGENCY: 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:
Background
The petitioner to this investigation is Cornerstone Chemical
Company (``Petitioner''). The Department selected five mandatory
respondents; Far-Reaching Chemical Co., Ltd. (``Far-Reaching
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.
[[Page 68848]]
Case History
The Department published its Preliminary Determination on April 20,
2015.\1\ In it, the Department applied an adverse inference to find
that the programs on which the Department initiated this investigation
and the programs which the Department subsequently included in this
investigation pursuant to allegations made by Petitioner,\2\ are
countervailable. Further, the Department applied an adverse inference
in its calculation of the ad valorem estimated countervailable subsidy
rate for Far-Reaching Chemical, Zhongyuan Dahua, Qingdao Unichem, M&A
Chemicals, and Shandong Liaherd. The Department invited, but did not
receive, interested party comments on the Preliminary Determination.
Thus, we have made no changes from the Preliminary Determination with
respect to the determination to apply adverse inferences. However, as
explained below, we made certain changes to the ad valorem final
subsidy rate.
---------------------------------------------------------------------------
\1\ See Melamine From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination, 80 FR 21706 (April 20, 2015) (``Preliminary
Determination''), and the accompanying Preliminary Decision
Memorandum.
\2\ See the Department's memorandum entitled ``Countervailing
Duty Investigation on Melamine from the People's Republic of China:
January 27, 2015 New Subsidy Allegations,'' dated March 25, 2015.
---------------------------------------------------------------------------
Also in the Preliminary Determination, pursuant to section
705(a)(1) of the Tariff Act of 1930, as amended (``the Act'') and 19
CFR 351.210(b)(4), we aligned the final countervailing duty (``CVD'')
determination with the final antidumping duty (``AD'') determination.
On July 2, 2015, the Department postponed the final AD determination
(and, thus, the instant, aligned, CVD determination) until November 2,
2015.\3\
---------------------------------------------------------------------------
\3\ See Melamine from the People's Republic of China:
Postponement of Final Determination of Sales at Less Than Fair
Value, 80 FR 38175 (July 02, 2015).
---------------------------------------------------------------------------
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\ 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
Use of Facts Otherwise Available, Including Adverse Inferences
For purposes of this final determination, we relied on facts
available and applied an adverse inference, in accordance with sections
776(a) and (b) of the Act, with regard to (1) the existence of a
financial contribution, benefit, and specificity for the alleged
subsidy programs and (2) the net subsidy rates assigned to Far-Reaching
Chemical, Zhongyuan Dahua, Qingdao Unichem, M&A Chemicals, and Shandong
Liaherd. A full discussion of our decision to rely on adverse facts
available (``AFA'') is presented in the Preliminary Decision Memorandum
under the section ``Use of Facts Otherwise Available and Adverse
Inferences.'' However, for this final determination we are making
certain changes to the AFA rates.\5\ Specifically, we are revising the
AFA rates for ``Preferential Export Financing from the Export-Import
Bank of China'' and ``Reduced Fee Export Insurance'' to reflect the
highest calculated CVD rates for these programs.\6\
---------------------------------------------------------------------------
\5\ See Memorandum to the File titled ``Melamine from the
People's Republic of China: Final Calculations,'' dated November 2,
2015.
\6\ Id. See also Countervailing Duty Investigation of Certain
Passenger Vehicle and Light Truck Tires From the People's Republic
of China: Final Affirmative Determination, and Final Affirmative
Critical Circumstances Determination, in Part, 80 FR 34888 (June 18,
2015), and accompanying issues and decision memorandum (where we
calculated a rate of 4.25 percent for the similar program ``Export
Seller's Credits from the Export Import Bank of China''), unchanged
in Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Act, we have
calculated individual rates for Far-Reaching Chemical, Zhongyuan Dahua,
Qingdao Unichem, M&A Chemicals, and Shandong Liaherd. 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 rates, and any rates determined entirely
under section 776 of the Act. Section 705(c)(5)(A)(ii) of the Act
states that if the countervailable subsidy rates for all exporters and
producers individually investigated are zero or de minimis rates, or
are determined entirely under section 776 of the Act, the Department
may use any reasonable method to establish an all-others rate for
exporters and producers not individually investigated, including
averaging the weighted average countervailable subsidy rates determined
for the exporters and producers individually investigated. As described
above, all of the mandatory respondents' subsidy rates were calculated
entirely under section 776 of the Act. Therefore, we have resorted to
``any reasonable method'' to derive the ``all-others'' rate, as
described under section 705(c)(5)(A)(ii) of the Act. We are basing the
``all-others'' rate on the simple average of the five rates determined
for the mandatory respondents, consistent with section 705(c)(5)(A)(ii)
of the Act.\7\
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\7\ See, e.g., Carbon and Certain Alloy Steel Wire Rod From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, 79 FR 68858 (November 19, 2014).
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[[Page 68849]]
We determine the total estimated net countervailable subsidy rates
to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Far-Reaching Chemical Co., Ltd.............................. 154.00
M and A Chemicals Corp China................................ 154.00
Qingdao Unichem International Trade Co., Ltd................ 154.00
Shandong Liaherd Chemical Industry Co., Ltd................. \8\ 156.90
Zhongyuan Dahua Group Co., Ltd.............................. 154.00
All Others.................................................. 154.58
------------------------------------------------------------------------
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 suspend liquidation of all entries of melamine
from the PRC that were entered or withdrawn from warehouse, for
consumption on or after April 20, 2015, the date of publication of the
Preliminary Determination in the Federal Register. In accordance with
section 703(d) of the Act, we issued instructions to CBP to discontinue
the suspension of liquidation for CVD purposes for subject merchandise
entered, or withdrawn from warehouse, on or after August 18, 2015, but
to continue the suspension of liquidation of all entries from April 20,
2015, through August 17, 2015.
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\8\ See Preliminary Decision Memorandum at 7, where we explained
that the AFA rate applicable to Shandong Liaherd includes additional
grant programs applicable only to Shandong Liaherd based upon
information contained in Shandong's Liaherd's financial statements.
See also ``Initiation Checklist: Melamine from the People's Republic
of China'' (December 2, 2014).
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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 CVDs for such entries of
merchandise in the amounts indicated above. 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 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.
[FR Doc. 2015-28351 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P
