Melamine From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders, 80751-80753 [2015-32632]
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: December 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Investigation
The products covered by this investigation
are certain heavy walled rectangular welded
steel pipes and tubes of rectangular
(including square) cross section, having a
nominal wall thickness of not less than 4
mm. The merchandise includes, but is not
limited to, the American Society for Testing
and Materials (ASTM) A–500, grade B
specifications, or comparable domestic or
foreign specifications.
Included products are those in which: (1)
Iron predominates, by weight, over each of
the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements below exceeds the
quantity, by weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under HTSUS 7306.61.3000. While
the HTSUS subheadings and ASTM
specification are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Subsidies Valuation
IX. Analysis of Programs
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
BILLING CODE 3510–DS–P
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International Trade Administration
[A–570–020, C–570–021]
Melamine From the People’s Republic
of China: Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing
antidumping duty (‘‘AD’’) and
countervailing duty (‘‘CVD’’) orders on
melamine from the People’s Republic of
China (‘‘PRC’’).
DATES: Effective Date: December 28,
2015.
FOR FURTHER INFORMATION CONTACT:
James Terpstra at (202) 482–3965 or
Brendan Quinn at (202) 482–5848, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Appendix I
[FR Doc. 2015–32631 Filed 12–24–15; 8:45 am]
DEPARTMENT OF COMMERCE
Background
On November 6, 2015, the Department
published its final affirmative
determination of sales at less than fair
value (‘‘LTFV’’) and its final affirmative
determination that countervailable
subsidies are being provided to
producers and exporters of melamine
from the PRC.1 On December 18, 2015,
the ITC notified the Department of its
final affirmative determination pursuant
to section 735(b)(1)(A)(i) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
melamine from the PRC.2
Scope of the Orders
The merchandise subject to these
orders is melamine (Chemical Abstracts
Service (‘‘CAS’’) registry number 108–
78–01, molecular formula C3H6N6).3
1 See Melamine From the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 80 FR 68851 (November 6, 2015) (‘‘AD
Final Determination’’). See also Melamine From the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 80 FR 68847
(November 6, 2015).
2 See ITC Notification Letter to the Deputy
Assistant Secretary for Enforcement and
Compliance referencing ITC Investigation Nos. 701–
TA–526–527 and 731–TA–1262–1263 (December
18, 2015) (‘‘ITC Notification’’).
3 Melamine is also known as 2,4,6-triamino-striazine; l,3,5-Triazine-2,4,6-triamine;
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80751
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 these orders
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 orders. Melamine that is
otherwise subject to these orders 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
these orders.
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.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of
melamine from the PRC are materially
injuring a U.S. industry. Therefore, in
accordance with section 735(c)(2) of the
Act, we are publishing this antidumping
duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of melamine from the
PRC. These antidumping duties will be
assessed on unliquidated entries from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
June 18, 2015, the date on which the
Department published the AD
Preliminary Determination,4 but will
Cyanurotriamide; Cyanurotriamine; Cyanuramide;
and by various brand names.
4 See Melamine from the People’s Republic of
China: Preliminary Determination of Sales at Less
Than Fair Value, 80 FR 34891 (June 18, 2015) (‘‘AD
Preliminary Determination’’).
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination, as
further described below.
Continuation of Suspension of
Liquidation (AD)
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
the PRC. We will also instruct CBP to
require cash deposits equal to the
estimated amount by which the normal
value exceeds the U.S. price as
indicated in the chart below, adjusted
where appropriate for export subsidies.5
These instructions suspending
liquidation will remain in effect until
further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated weighted-average
antidumping duty margins, adjusted
where appropriate for export subsidies,
as discussed above.6 The ‘‘PRC-wide’’
rate applies to all exporters of subject
merchandise not specifically listed.
mstockstill on DSK4VPTVN1PROD with NOTICES
Provisional Measures (AD)
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
accounted for a significant proportion of
exports of melamine from the PRC, we
extended the four-month period to no
more than six months.7 In the
5 See AD Final Determination, 80 FR at 68852
(describing the adjustments to the AD margins in
more detail); see also sections 772(c)(1)(C) and
777A(f) of the Act, respectively. 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, e.g.,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.
6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
of the Act. Although the statute contemplates an
adjustment for estimated domestic subsidy pass
through, as stated in the AD Final Determination,
we are not adjusting the PRC-wide rate for
estimated domestic subsidy pass-through in this
case because we have no basis upon which to make
such an adjustment.
7 See Melamine from the People’s Republic of
China: Postponement of Final Determination of
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underlying investigation, the
Department published the AD
Preliminary Determination on June 18,
2015. Therefore, the six-month period
beginning on the date of the publication
of the AD Preliminary Determination
will end on December 15, 2015.
Furthermore, section 737(b) of the Act
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of melamine from the PRC
entered, or withdrawn from warehouse,
for consumption on or after December
15, 2015, the date the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determination in
the Federal Register.
Estimated Weighted-Average Dumping
Margin
The Department determines that the
estimated final weighted-average
dumping margin is as follows:
Pursuant to section 706(a) of the Act,
the Department will direct CBP to
assess, upon further instruction by the
Department, countervailing duties on
unliquidated entries of melamine
entered, or withdrawn from warehouse,
for consumption on or after April 20,
2015, the date on which the Department
published its affirmative preliminary
countervailing duty determination in
the Federal Register,10 and before
August 18, 2015, the date on which the
Department instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Entries of
melamine made on or after August 18,
2015, and prior to the date of
publication of the ITC’s final
determination in the Federal Register
are not liable for the assessment of
countervailing duties, due to the
Department’s discontinuation, effective
August 18, 2015, of the suspension of
liquidation.
Provisional Measures (CVD)
In accordance with Section 703(d) of
the Act, the provisional measures period
Weighted-average
for the countervailing duty investigation
Exporter
margin
ended on August 18, 2015, and CBP was
(percent)
instructed to terminate the suspension
PRC-Wide Entity 8 ........
363.31 of liquidation and to liquidate, without
regard to countervailing duties,
Countervailing Duty Order
unliquidated entries of melamine from
the PRC, entered, or withdrawn from
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the warehouse, for consumption on or after
August 18, 2015, the date the
ITC has notified the Department of its
provisional measures expired, until and
final determination that the industry in
through the day preceding the date of
the United States producing melamine
publication of the ITC’s final injury
is materially injured by reason of
determination in the Federal Register.
subsidized imports of melamine from
9 Therefore, in accordance with
Suspension of Liquidation (CVD)
the PRC.
section 705(c)(2) and 706(a) of the Act,
In accordance with section 706 of the
we are publishing this countervailing
Act, the Department will direct CBP to
duty order.
reinstitute suspension of liquidation,
effective on the date of publication of
Sales at Less Than Fair Value, 80 FR 38175 (July
the ITC’s notice of final determination
2, 2015).
in the Federal Register, and to assess,
8 The PRC-wide entity includes, among other
upon further instruction by the
companies, the mandatory respondents Allied
Department pursuant to section
Chemicals Inc., Xinji Jiuyuan Chemical Co., Ltd.,
Sichuan Golden Elephant Sincerity Chemical Co.,
706(a)(1) of the Act, countervailing
Ltd., and Zhongyuan Dahua Group Inc., which
duties for each entry of the subject
withdrew from the investigation prior to respondent
merchandise in an amount based on the
selection. As stated previously, we will adjust cash
net countervailable subsidy rates for the
deposit rates by the amount of export subsidies,
subject merchandise. The Department
where appropriate. In this LTFV investigation, with
regard to PRC-wide entity, export subsidies
will also direct CBP to require a cash
constitute 9.66 percent of the final calculated
deposit for each entry of subject
countervailing duty rate in the concurrent
merchandise in an amount equal to the
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). As a result, the cash
deposit rate for the PRC-wide entity will be 353.65
percent.
9 See ITC Notification.
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10 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).
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
net countervailable subsidy rates listed
below. The all-others rate applies to all
producers and exporters of subject
merchandise not specifically listed.
Subsidy rate
(percent)
Company
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 ...................................................................................................................................................................
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to melamine
from the PRC pursuant to sections
736(a) and 706(a) of the Act. Interested
parties can find an updated list of orders
currently in effect by either visiting
https://enforcement.trade.gov/stats/
iastats1.html or by contacting the
Department’s Central Records Unit,
Room B8024 of the main Commerce
Building.
These orders are published in
accordance with sections 706(a), 736(a),
and 777(i) of the Act, and 19 CFR
351.211(b).
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; Web site:
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric
Administration
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council; telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
MAFMC’s Ecosystem and Ocean
Planning AP will meet to provide input
on the development of the Council’s
Unmanaged Forage Omnibus
Amendment. This amendment will
prohibit the development of new, or
expansion of existing, directed fisheries
on unmanaged forage species in MidAtlantic Federal waters until adequate
scientific information is available to
promote ecosystem sustainability. The
webinar will include a discussion of
development of the amendment to date.
The AP will then be asked to provide
input on preliminary management
alternatives, a draft list of unmanaged
forage species to be addressed in the
amendment, and other aspects of the
amendment.
RIN 0648–XE375
Special Accommodations
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance .
[FR Doc. 2015–32632 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (MAFMC)
Ecosystem and Ocean Planning
Advisory Panel (AP) will hold a public
webinar meeting.
DATES: The meeting will be held on
Monday, January 11, 2016 from 1 p.m.
to 5 p.m. For agenda details, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The meeting will be held
via webinar with a with a telephoneonly connection option. Connection
details are available at: https://
www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
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SUMMARY:
VerDate Sep<11>2014
13:31 Dec 24, 2015
Jkt 238001
Dated: December 21, 2015.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–32490 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
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154.00
154.00
154.00
156.90
154.00
154.58
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Alaska Region Amendment 80
Permits and Reports.
OMB Control Number: 0648–0565.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 33.
Average Hours per Response: 2 hours
each for Application for Amend 80 QS;
Application for Amend 80 Cooperative
and CQ Permit; Application for Amend
80 limited access fishery; Application to
transfer Amend 80 QS; Application for
Amendment 80 Vessel Replacement and
Application for inter-cooperative
transfer Amend 80 CQ; 25 hours for
Amend 80 cooperative report; 4 hours
for Amend 80 appeals letter; 30 minutes
for Flatfish Exchange Application.
Burden Hours: 181.
Needs and Uses: This request is for
extension of a currently approved
information collection.
Amendment 80 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area allocates several
Bering Sea and Aleutian Islands
Management Area non-pollock trawl
groundfish fisheries among fishing
sectors, established a limited access
privilege program, and facilitated the
formation of harvesting cooperatives in
the non-American Fisheries Act (nonAFA) trawl catcher/processor sector.
The Amendment 80 Fishery
Management Plan applies retention
standards on an aggregate basis to all
activities of a cooperative, allowing
participants within the cooperative to
coordinate fishing and retention
practices across the cooperative to meet
the retention requirements.
Affected Public: Business or other forprofit organizations; individuals or
households.
Frequency: Annually and on occasion.
Respondent’s Obligation: Mandatory.
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]]>Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80751-80753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32632]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-020, C-570-021]
Melamine From the People's Republic of China: Antidumping Duty
and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC''), the Department is issuing antidumping duty (``AD'') and
countervailing duty (``CVD'') orders on melamine from the People's
Republic of China (``PRC'').
DATES: Effective Date: December 28, 2015.
FOR FURTHER INFORMATION CONTACT: James Terpstra at (202) 482-3965 or
Brendan Quinn at (202) 482-5848, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2015, the Department published its final affirmative
determination of sales at less than fair value (``LTFV'') and its final
affirmative determination that countervailable subsidies are being
provided to producers and exporters of melamine from the PRC.\1\ On
December 18, 2015, the ITC notified the Department of its final
affirmative determination pursuant to section 735(b)(1)(A)(i) of the
Tariff Act of 1930, as amended (``the Act''), that an industry in the
United States is materially injured by reason of LTFV imports and
subsidized imports of melamine from the PRC.\2\
---------------------------------------------------------------------------
\1\ See Melamine From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 80 FR 68851
(November 6, 2015) (``AD Final Determination''). See also Melamine
From the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 80 FR 68847 (November 6, 2015).
\2\ See ITC Notification Letter to the Deputy Assistant
Secretary for Enforcement and Compliance referencing ITC
Investigation Nos. 701-TA-526-527 and 731-TA-1262-1263 (December 18,
2015) (``ITC Notification'').
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to these orders 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 these orders 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
orders. Melamine that is otherwise subject to these orders 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 these orders.
---------------------------------------------------------------------------
\3\ Melamine is also known as 2,4,6-triamino-s-triazine; l,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.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of melamine from the PRC
are materially injuring a U.S. industry. Therefore, in accordance with
section 735(c)(2) of the Act, we are publishing this antidumping duty
order.
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (``CBP'') to assess, upon further instruction by
the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of melamine from the PRC. These antidumping duties will be assessed on
unliquidated entries from the PRC entered, or withdrawn from warehouse,
for consumption on or after June 18, 2015, the date on which the
Department published the AD Preliminary Determination,\4\ but will
[[Page 80752]]
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
---------------------------------------------------------------------------
\4\ See Melamine from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, 80 FR
34891 (June 18, 2015) (``AD Preliminary Determination'').
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below, adjusted where
appropriate for export subsidies.\5\ These instructions suspending
liquidation will remain in effect until further notice.
---------------------------------------------------------------------------
\5\ See AD Final Determination, 80 FR at 68852 (describing the
adjustments to the AD margins in more detail); see also sections
772(c)(1)(C) and 777A(f) of the Act, respectively. 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,
e.g.,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.
---------------------------------------------------------------------------
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins, adjusted where appropriate for export
subsidies, as discussed above.\6\ The ``PRC-wide'' rate applies to all
exporters of subject merchandise not specifically listed.
---------------------------------------------------------------------------
\6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
Although the statute contemplates an adjustment for estimated
domestic subsidy pass through, as stated in the AD Final
Determination, we are not adjusting the PRC-wide rate for estimated
domestic subsidy pass-through in this case because we have no basis
upon which to make such an adjustment.
---------------------------------------------------------------------------
Provisional Measures (AD)
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that accounted for a significant
proportion of exports of melamine from the PRC, we extended the four-
month period to no more than six months.\7\ In the underlying
investigation, the Department published the AD Preliminary
Determination on June 18, 2015. Therefore, the six-month period
beginning on the date of the publication of the AD Preliminary
Determination will end on December 15, 2015. Furthermore, section
737(b) of the Act states that definitive duties are to begin on the
date of publication of the ITC's final injury determination.
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\7\ 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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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of melamine from the PRC entered, or withdrawn
from warehouse, for consumption on or after December 15, 2015, the date
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
Estimated Weighted-Average Dumping Margin
The Department determines that the estimated final weighted-average
dumping margin is as follows:
------------------------------------------------------------------------
Weighted-average
Exporter margin (percent)
------------------------------------------------------------------------
PRC-Wide Entity \8\................................. 363.31
------------------------------------------------------------------------
Countervailing Duty Order
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC has notified the Department of its final determination that the
industry in the United States producing melamine is materially injured
by reason of subsidized imports of melamine from the PRC.\9\ Therefore,
in accordance with section 705(c)(2) and 706(a) of the Act, we are
publishing this countervailing duty order.
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\8\ The PRC-wide entity includes, among other companies, 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. 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 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). As a result, the cash deposit
rate for the PRC-wide entity will be 353.65 percent.
\9\ See ITC Notification.
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Pursuant to section 706(a) of the Act, the Department will direct
CBP to assess, upon further instruction by the Department,
countervailing duties on unliquidated entries of melamine entered, or
withdrawn from warehouse, for consumption on or after April 20, 2015,
the date on which the Department published its affirmative preliminary
countervailing duty determination in the Federal Register,\10\ and
before August 18, 2015, the date on which the Department instructed CBP
to discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Entries of melamine made on or
after August 18, 2015, and prior to the date of publication of the
ITC's final determination in the Federal Register are not liable for
the assessment of countervailing duties, due to the Department's
discontinuation, effective August 18, 2015, of the suspension of
liquidation.
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\10\ 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).
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Provisional Measures (CVD)
In accordance with Section 703(d) of the Act, the provisional
measures period for the countervailing duty investigation ended on
August 18, 2015, and CBP was instructed to terminate the suspension of
liquidation and to liquidate, without regard to countervailing duties,
unliquidated entries of melamine from the PRC, entered, or withdrawn
from warehouse, for consumption on or after August 18, 2015, the date
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rates for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the
[[Page 80753]]
net countervailable subsidy rates listed below. The all-others rate
applies to all producers and exporters of subject merchandise not
specifically listed.
------------------------------------------------------------------------
Company Subsidy rate (percent)
------------------------------------------------------------------------
Far-Reaching Chemical Co., Ltd............ 154.00
M and A Chemicals Corp China.............. 154.00
Qingdao Unichem International Trade Co., 154.00
Ltd......................................
Shandong Liaherd Chemical Industry Co., 156.90
Ltd......................................
Zhongyuan Dahua Group Co., Ltd............ 154.00
All Others................................ 154.58
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
melamine from the PRC pursuant to sections 736(a) and 706(a) of the
Act. Interested parties can find an updated list of orders currently in
effect by either visiting https://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit,
Room B8024 of the main Commerce Building.
These orders are published in accordance with sections 706(a),
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).
Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance .
[FR Doc. 2015-32632 Filed 12-24-15; 8:45 am]
BILLING CODE 3510-DS-P
