Melamine From the People's Republic of China: Final Results of the Expedited Five-Year Sunset Review of the Countervailing Duty Order, 11501-11502 [2021-03901]

Download as PDF Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the 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 violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1). Dated: February 19, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Proper Sources for Certain Zhongji Surrogate Values Comment 2: Allocation of Factory Overhead Expenses Comment 3: Modification of Liquidation Instructions for Certain Zhongji Sales Comment 4: Zhongji Double Remedies Adjustment Comment 5: Application of an Adverse Inference to Xiashun for 14 Non-Metal Inputs Comment 6: Xiashun Run-Around Scrap Comment 7: Xiashun Market Economy Inputs Comment 8: Separate Rate Assigned to Non-Examined Companies VI. Recommendation [FR Doc. 2021–03838 Filed 2–24–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:04 Feb 24, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–021] Melamine From the People’s Republic of China: Final Results of the Expedited Five-Year Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revoking the countervailing duty (CVD) order on melamine from the People’s Republic of China (China) would likely lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable February 25, 2021. FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2181. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 28, 2015, Commerce published in the Federal Register the CVD Order on melamine from China.1 On November 3, 2020, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On November 10, 2020, Commerce received a notice of intent to participate from Cornerstone Chemical Company (Cornerstone, or domestic interested party), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Cornerstone claimed interested party status under section 771(9)(C) of the Act, as a domestic producer engaged in the production of melamine in the United States. On November 25, 2020, Commerce received a substantive response from the domestic interested party within the 30day deadline specified in 19 CFR 1 See Melamine from the People’s Republic of China: Antidumping Duty and Countervailing Duty Orders, 80 FR 80751 (December 28, 2015) (Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 85 FR 69585 (November 3, 2020). 3 See Cornerstone’s Letter, ‘‘Five-Year (‘Sunset’) Review Of Countervailing Duty Order On Melamine From the People’s Republic Of China: Domestic Interested Party Notice of Intent to Participate,’’ dated November 10, 2020. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 11501 351.218(d)(3)(i).4 We received no substantive response from any other domestic or interested parties in this proceeding and no hearing was requested. On December 23, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The merchandise subject to the Order is melamine (Chemical Abstracts Service (CAS) registry number 108–78– 01, molecular formula C3H6N6).6 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 order 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 order. Melamine that is otherwise subject to this order is not excluded when commingled with melamine from sources not subject to this order. Only the subject component of such commingled products is covered by the scope of this order. 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. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. The Issues and Decision Memorandum is a public document and is on file electronically via the 4 See Cornerstone’s Letter, ‘‘Five-Year (‘Sunset’) Review Of Countervailing Duty Order On Melamine From The People’s Republic Of China: Domestic Interested Party Substantive Response,’’ dated November 25, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews for November 2020,’’ dated December 23, 2020. 6 Melamine is also known as 2,4,6-triamino-striazine; l,3,5-Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names. E:\FR\FM\25FEN1.SGM 25FEN1 11502 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Manufacturers/producers/ exporters 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 .................................. Net countervailable subsidy (percent) 154.00 154.00 154.00 156.90 154.00 154.58 Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the 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 violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: February 19, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. History of the Order IV. Scope of the Order V. Legal Framework VerDate Sep<11>2014 17:04 Feb 24, 2021 VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely To Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR [FR Doc. 2021–03901 Filed 2–24–21; 8:45 am] 351.205(e), the petitioner must submit a BILLING CODE 3510–DS–P request for postponement 25 days or more before the scheduled date of the DEPARTMENT OF COMMERCE preliminary determination and must state the reasons for the request. International Trade Administration Commerce will grant the request unless [A–428–850, A–588–880, A–580–911, A–469– it finds compelling reasons to deny the 824] request. On February 4 and 16, 2021, the Thermal Paper From Germany, Japan, petitioners 2 submitted timely requests the Republic of Korea, and Spain: that Commerce postpone the Postponement of Preliminary preliminary determinations in these Determinations in the Less-Than-FairLTFV investigations.3 The petitioners Value Investigations requested postponement of the AGENCY: Enforcement and Compliance, preliminary determinations to: (1) International Trade Administration, Provide additional time to evaluate, Department of Commerce. comment on, and/or resolve issues in DATES: Applicable February 25, 2021. the questionnaire responses received in FOR FURTHER INFORMATION CONTACT: these investigations; or (2) in the case of David Goldberger at (202) 482–4136 the Spain investigation, to keep the (Germany); Alex Wood at (202) 482– investigation on the same schedule as 1959 (Japan); Kristen Ju at (202) 482– the Germany, Japan, and Korea 3699 or Aleksandras Nakutis at (202) investigations.4 482–3147 (Republic of Korea (Korea)); For the reasons stated above and or Abdul Alnoor at (202) 482–4554 because there are no compelling reasons (Spain), AD/CVD Operations, to deny the request, in accordance with Enforcement and Compliance, section 733(c)(1)(A) of the Act, International Trade Administration, Commerce is postponing the deadline U.S. Department of Commerce, 1401 for the preliminary determinations by Constitution Avenue NW, Washington, 50 days (i.e., 190 days after the date on DC 20230. which these investigations were SUPPLEMENTARY INFORMATION: initiated). As a result, Commerce will Background issue its preliminary determinations no On October 27, 2020, the Department later than May 5, 2021. In accordance of Commerce (Commerce) initiated less- with section 735(a)(1) of the Act and 19 than-fair-value (LTFV) investigations of CFR 351.210(b)(1), the deadline for the imports of thermal paper from Germany, final determinations of these Japan, Korea, and Spain.1 Currently, the investigations will continue to be 75 preliminary determinations are due no days after the date of the preliminary later than March 16, 2021. determinations, unless postponed at a later date. Postponement of Preliminary Determinations This notice is issued and published pursuant to section 733(c)(2) of the Act Section 733(b)(1)(A) of the Tariff Act and 19 CFR 351.205(f)(1). of 1930, as amended (the Act), requires Commerce to issue the preliminary 2 The petitioners are Appvion Operations, Inc. determination in an LTFV investigation within 140 days after the date on which and Domtar Corporation. 3 See Petitioners’ Letters, ‘‘Thermal Paper from Commerce initiated the investigation. Germany: Petitioners’ Request for Postponement of However, section 733(c)(1)(A) of the Act the Preliminary Determination,’’ dated February, 4, permits Commerce to postpone the 2021; ‘‘Thermal Paper from the Republic of Korea: preliminary determination until no later Petitioners’ Request for Postponement of the Preliminary Determination,’’ dated February, 4, than 190 days after the date on which 2021; ‘‘Thermal Paper from the Republic of Japan: Commerce initiated the investigation if: Petitioners’ Request for Postponement of the 1 See Thermal Paper from Germany, Japan, the Republic of Korea, and Spain: Initiation of LessThan-Fair-Value Investigations, 85 FR 69580 (November 3, 2020). Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Preliminary Determination,’’ dated February, 16, 2021; and ‘‘Thermal Paper from Spain: Petitioners’ Request for Postponement of the Preliminary Determination,’’ dated February, 16, 2021. 4 Id. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11501-11502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03901]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-021]


Melamine From the People's Republic of China: Final Results of 
the Expedited Five-Year Sunset Review of the Countervailing Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revoking the countervailing duty (CVD) order on 
melamine from the People's Republic of China (China) would likely lead 
to continuation or recurrence of countervailable subsidies at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Applicable February 25, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2181.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2015, Commerce published in the Federal Register 
the CVD Order on melamine from China.\1\ On November 3, 2020, Commerce 
published the notice of initiation of the first sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ On November 10, 2020, Commerce received a notice of 
intent to participate from Cornerstone Chemical Company (Cornerstone, 
or domestic interested party), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ Cornerstone claimed interested party status under 
section 771(9)(C) of the Act, as a domestic producer engaged in the 
production of melamine in the United States.
---------------------------------------------------------------------------

    \1\ See Melamine from the People's Republic of China: 
Antidumping Duty and Countervailing Duty Orders, 80 FR 80751 
(December 28, 2015) (Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 85 FR 69585 
(November 3, 2020).
    \3\ See Cornerstone's Letter, ``Five-Year (`Sunset') Review Of 
Countervailing Duty Order On Melamine From the People's Republic Of 
China: Domestic Interested Party Notice of Intent to Participate,'' 
dated November 10, 2020.
---------------------------------------------------------------------------

    On November 25, 2020, Commerce received a substantive response from 
the domestic interested party within the 30-day deadline specified in 
19 CFR 351.218(d)(3)(i).\4\ We received no substantive response from 
any other domestic or interested parties in this proceeding and no 
hearing was requested.
---------------------------------------------------------------------------

    \4\ See Cornerstone's Letter, ``Five-Year (`Sunset') Review Of 
Countervailing Duty Order On Melamine From The People's Republic Of 
China: Domestic Interested Party Substantive Response,'' dated 
November 25, 2020.
---------------------------------------------------------------------------

    On December 23, 2020, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted an expedited (120-day) sunset review of this Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews for November 2020,'' 
dated December 23, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is melamine (Chemical 
Abstracts Service (CAS) registry number 108-78-01, molecular formula 
C3H6N6).\6\ 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 order 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 order. 
Melamine that is otherwise subject to this order is not excluded when 
commingled with melamine from sources not subject to this order. Only 
the subject component of such commingled products is covered by the 
scope of this order.
---------------------------------------------------------------------------

    \6\ 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.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum, which is hereby adopted by this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the

[[Page 11502]]

Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. A list of topics discussed 
in the Issues and Decision Memorandum is included as an appendix to 
this notice. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at https://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following rates:

------------------------------------------------------------------------
                                                              Net
          Manufacturers/producers/ exporters            countervailable
                                                       subsidy (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..........             156.90
Zhongyuan Dahua Group Co., Ltd.......................             154.00
All Others...........................................             154.58
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the 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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: February 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2021-03901 Filed 2-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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