Melamine From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 68851-68852 [2015-28352]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68851-68852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28352]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-020]


Melamine From the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value

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

SUMMARY: On June 18, 2015, the Department of Commerce (``Department'') 
published the preliminary determination of sales at less than fair 
value (``LTFV'') of melamine from the People's Republic of China 
(``PRC'').\1\ The Department requested from interested parties, but did 
not receive, comments on the Preliminary Determination, which was based 
entirely on adverse facts available. The Department, thus, determines 
that melamine from the PRC is being, or is likely to be, sold in the 
United States at LTFV, as provided in section 735 of the Tariff Act of 
1930, as amended (the ``Act''). The period of investigation (``POI'') 
is April 1, 2014, though September 30, 2014. The final weighted-average 
dumping margin of sales at LTFV is listed below in the ``Final 
Determinations'' section of this notice.
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    \1\ See Melamine from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 80 FR 
34891 (June 18, 2015) (``Preliminary Determination'').

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DATES: Effective: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, 
Office III, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-3965.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 2015, the Department published the Preliminary 
Determination.\2\ In the Preliminary Determination, the Department 
found that the mandatory respondents did not establish their 
eligibility for a separate rate and were thus part of the PRC-wide 
entity. In addition, because the PRC-wide entity failed to cooperate to 
the best of its ability in complying with our requests for information, 
we preliminarily determined an estimated weighted-average dumping 
margin based on adverse facts available for the PRC-wide entity in 
accordance with section 776 of the Act and 19 CFR 351.308.\3\ The 
Department invited all interested parties to provide comment on these 
findings. No interested party provided comments on our preliminary 
determination. Therefore, this final determination does not differ from 
the Preliminary Determination. On July 2, 2015, the Department 
postponed the final determination until November 2, 2015.\4\
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    \2\ See Preliminary Determination and accompanying Memorandum to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Decision Memorandum for 
Preliminary Determination of the Antidumping Duty Investigation of 
Melamine from the People's Republic of China,'' dated June 10, 2015 
(``Preliminary Decision Memorandum'').
    \3\ Id.
    \4\ See Melamine from the People's Republic of China: 
Postponement of Final Determination of Sales at Less Than Fair 
Value, 80 FR 38175 (July 2, 2015).
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Scope of the Order

    The merchandise subject to this investigation is melamine (Chemical 
Abstracts Service (``CAS'') registry number 108-78-01, molecular 
formula C3H6N6).\5\ Melamine is a 
crystalline powder or granule typically (but not exclusively) used to 
manufacture melamine formaldehyde resins. All melamine is covered by 
the scope of this investigation irrespective of purity, particle size, 
or physical form. Melamine that has been blended with other products is 
included within this scope when such blends include constituent parts 
that have been intermingled, but that have not been chemically reacted 
with each other to produce a different product. For such blends, only 
the melamine component of the mixture is covered by the scope of these 
investigations. Melamine that is otherwise subject to this 
investigation is not excluded when commingled with melamine from 
sources not subject to this investigation. Only the subject component 
of such commingled products is covered by the scope of this 
investigation.
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    \5\ 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.
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    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.

Separate Rate

    In the Preliminary Determination, we determined that none of the 
exporters subject to this investigation demonstrated their eligibility 
for a separate rate and as such are part of the PRC-wide entity.\6\ No 
party commented on this determination. As a result, for this final 
determination, we are continuing to treat these exporters as part of 
the PRC-wide entity and subject to the PRC-wide rate.
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    \6\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 3-5.
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PRC-Wide Entity

    In the Preliminary Determination, the Department assigned to the 
PRC-wide entity a rate of 363.31 percent based upon AFA.\7\ Given that 
the Department did not receive any comments from interested parties, 
for this final determination, the Department continues to assign an AFA 
rate of 363.31 percent to the PRC-wide entity.
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    \7\ See Preliminary Determination, 80 FR at 34892.
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Final Determination

    The Department determines that the estimated final weighted-average 
dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
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PRC-Wide Entity \8\........................................      363.31
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Disclosure
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    \8\ The PRC-wide entity includes the mandatory respondents 
Allied Chemicals Inc., Xinji Jiuyuan Chemical Co., Ltd., Sichuan 
Golden Elephant Sincerity Chemical Co., Ltd., and Zhongyuan Dahua 
Group Inc., which withdrew from the investigation prior to 
respondent selection. The PRC-wide entity also includes 26 exporters 
which received a quantity and value questionnaire from the 
Department but did not respond to the questionnaire. Those companies 
are: Anhui Jinhe Industrial Co., Ltd., Anhui Sunson Chemical Group 
Co., Ltd., Chengdu Yulong Chemical Co., Ltd., Fujian Sangang 
(Group), Hebei Jinglong Fengli Chemical Co., Ltd., Hefei Tianfeng 
Import & Export Co Ltd. China, Henan Zhongyuan Dahua Group Co., 
Ltd., JianFeng Chemicals, Jiangsu Heyou Group Co., Ltd., Jiangsu 
Sanmu Group Corporation, Kaiwei Investment Group, M and A Chemicals, 
Corp China, Nanjing Deju Trading Co Ltd. China, Nantong Zixin 
Industrial Co., Ltd., OCI Trading (Shanghai) Co., Ltd. China, Panjin 
Zhongrun Chemical Co., Ltd., Qingdao Shida Chemical Co., Ltd. China, 
Shandong Jinmei Mingshui Chemical Co., Ltd., Shandong Liaherd 
Chemical Industry Co., Ltd., Shandong Sanhe Chemical Company Ltd., 
Shandong Xintai Liaherd Chemical Co., Ltd., Shandong Yixing Melamine 
Co., Ltd., Sichuan Chemical Works Group Ltd., Sinopec Jinling 
Petrochemical Co., Ltd., Well Hope Enterprises Limited, and Zhejiang 
Fuyang Yongxing Chemical Co., Ltd.
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    Normally, the Department discloses to interested parties the 
calculations

[[Page 68852]]

performed within five days after the date of publication of the notice 
of final determination in the Federal Register, in accordance with 19 
CFR 351.224(b). However, because there are no changes to our 
Preliminary Determination, and because we continue to apply AFA to the 
PRC-wide entity, in accordance with section 776 of the Act, there are 
no final calculations to disclose.

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 imports of subject merchandise entered or 
withdrawn from warehouse, for consumption on or after June 18, 2015, 
the date of publication of the Preliminary Determination in the Federal 
Register. 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 the NV exceeds U.S. price, adjusted where appropriate for export 
subsidies,\9\ as follows: (1) The rate for the exporters listed in the 
chart above will be the rate we have determined in this final 
determination; (2) for all PRC exporters of subject merchandise which 
have not received their own rate, the cash-deposit rate will be the 
PRC-wide rate; and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash-deposit rate will be 
the rate applicable to the PRC exporter/producer combination that 
supplied that non-PRC exporter. These suspension-of-liquidation 
instructions will remain in effect until further notice.
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    \9\ See section 772(c)(1)(C) of the Act. Unlike in 
administrative reviews, the Department calculates the adjustment for 
export subsidies in investigations not in the margin calculation 
program, but in the cash deposit instructions issued to CBP. See 
Notice of Final Determination of Sales at Less Than Fair Value, and 
Negative Determination of Critical Circumstances: Certain Lined 
Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
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    As stated previously, we will adjust cash deposit rates by the 
amount of export subsidies, where appropriate. In this LTFV 
investigation, with regard to PRC-wide entity, export subsidies 
constitute 9.66 percent \10\ of the final calculated countervailing 
duty rate in the concurrent countervailing duty investigation, and, 
thus, we will offset the PRC-wide rate of 363.31 percent by the 
countervailing duty rate attributable to export subsidies (i.e., 9.66 
percent) \11\ to calculate the cash deposit rate for this LTFV 
investigation. We are not adjusting the PRC-wide rate for estimated 
domestic subsidy pass-through because we have no basis upon which to 
make such an adjustment.\12\
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    \10\ The following subsidy programs in the concurrent 
countervailing duty investigation are export subsidies: Preferential 
Export Financing from the Export-Import Bank of China (4.25%), 
Reduced Fee Export Insurance (4.25%), Grants to Cover Legal Fees in 
Trade Remedy Cases (0.58%), and Cash Grants for Exports (0.58%).
    \11\ See Melamine from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, dated concurrently 
with this notice.
    \12\ See Preliminary Decision Memorandum at the section, 
``Section 777A(f) of the Act.''
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U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final determination of sales at LTFV. As our final 
determination is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will, within 45 days, determine whether the domestic 
industry in the United States is materially injured, threatened with 
material injury, or the establishment of an industry in the United 
States is materially retarded by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury, threat of material injury, or 
material retardation does not exist, the proceeding will be terminated 
and all securities posted will be refunded or canceled. If the ITC 
determines that such injury, threat of injury, or retardation does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess 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.

Notification Regarding Administrative Protective Order (``APO'')

    This notice also serves as a reminder to the parties subject to APO 
of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This determination and notice are 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.
[FR Doc. 2015-28352 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-DS-P