Melamine From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 68847-68849 [2015-28351]

Download as PDF 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upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. 8 In this case, although the product under investigation is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 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. PO 00000 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 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

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]


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

    \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).
---------------------------------------------------------------------------

    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