Melamine From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 36252-36253 [2021-14640]
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
rate. For further information, see ‘‘Use
of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.17
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
Preliminary Results of Review
shown above for the companies shown
above. Upon completion of the
Net
administrative review, consistent with
subsidy
section 751(a)(1) of the Act and 19 CFR
Company
rate ad
351.212(b)(2) Commerce shall
valoreum
(percent)
determine, and CBP shall assess,
countervailing duties on all appropriate
Zhejiang Jingu Company Limited
entries covered by this review. For the
and Shanghai Yata Industry
Company Limited 18 ................
388.31 companies for which this review is
rescinded, Commerce will instruct CBP
Xiamen Topu Imports & Export
Co., Ltd ...................................
388.31 to assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
Disclosure
duties required at the time of entry, or
Normally, Commerce discloses to
withdrawal from warehouse, for
interested parties the calculations
consumption, during the period
performed in connection with the
February 25, 2019 through December 31,
preliminary results of a review within
2019, in accordance with 19 CFR
ten days of its public announcement, or
351.212(c)(l)(i).
if there is no public announcement,
Commerce intends to issue
within five days of the date of
assessment
instructions to CBP no
publication of the notice of preliminary
earlier than 35 days after the date of
results in the Federal Register, in
publication of the final results of this
accordance with 19 CFR 351.224(b).
review in the Federal Register. If a
However, because Commerce
timely summons is filed at the U.S.
preliminarily applied AFA to the three
Court of International Trade, the
companies that remain in the
assessment instructions will direct CBP
administrative review, in accordance
with section 776 of the Act, and because not to liquidate relevant entries until the
time for parties to file a request for a
our calculation of the AFA subsidy rate
statutory injunction has expired (i.e.,
is outlined in the Preliminary Decision
19
within 90 days of publication).
Memorandum, there are no further
calculations to disclose.
Cash Deposit Requirements
Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of these preliminary
results of review.20 Rebuttals to case
briefs may be filed no later than seven
days after the case briefs are filed, and
all rebuttal comments must be limited to
comments raised in the case briefs.21
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.22
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17 See
Preliminary Decision Memorandum at 5.
18 In the investigation, we found that Zhejiang
Jingu was cross-owned with An Gang Jingu
(Hangzhou) Metal Materials Co., Ltd.; Hangzhou
Jingu New Energy Development Co. Ltd.;
Shangdong Jingu Auto Parts Co., Ltd.; Zhejiang
Jingu Automobile Components; Zhejiang Wheel
World Co., Ltd.; and Shanghai Yata Industry
Company Limited. There is no information on the
record of this administrative review that would lead
Commerce to reconsider that determination,
therefore, we preliminarily continue to find these
companies cross-owned.
19 Id.
20 See 19 CFR 351.309(c).
21 See 19 CFR 351.309(d).
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
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17:01 Jul 08, 2021
Jkt 253001
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most recent company-specific or allothers rate applicable to the company.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Fmt 4703
Sfmt 4703
Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Intent To Rescind Administrative Review,
In Part
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
a. Legal Standard
b. Application of AFA to the GOC and
Non-Responsive Mandatory Respondents
Shanghai Yata Xiamen Topu, and
Zhejiang Jingu
c. Selection of the AFA Rates
VII. Conclusion
[FR Doc. 2021–14638 Filed 7–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–020, C–570–021]
Melamine From the People’s Republic
of China: Continuation of Antidumping
and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) and the International Trade
Commission (ITC) have determined that
revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on melamine from the People’s
Republic of China (China) would likely
lead to continuation or recurrence of
dumping, net countervailable subsidies,
and material injury to an industry in the
United States. Therefore, Commerce is
publishing a notice of continuation of
these AD and CVD orders.
SUMMARY:
DATES:
Applicable July 9, 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
AD and CVD orders on melamine from
E:\FR\FM\09JYN1.SGM
09JYN1
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
China.1 On November 3, 2020,
Commerce published the notice of
initiation of the first sunset review of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On November 10, 2020,
Commerce received notices 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 substantive responses from the
domestic interested party within the 30day deadline specified in 19 CFR
351.218(d)(3)(i).4 We received no
substantive responses from any other
domestic or interested parties and no
hearing was requested.
On December 23, 2020, Commerce
notified the ITC that it did not receive
adequate substantive responses 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 expedited (120-day) sunset
reviews of these Orders.
As a result of its reviews, Commerce
determined that revocation of the AD
and CVD orders on melamine from
China would likely lead to continuation
or recurrence of dumping and
subsidization. Therefore, Commerce
notified the ITC of the magnitude of the
margins likely to prevail should the
orders be revoked, pursuant to sections
751(c)(1) and 752(b) and (c) of the Act.6
1 See Melamine from the People’s Republic of
China: Antidumping Duty and Countervailing Duty
Orders, 80 FR 80751 (December 28, 2015) (Orders).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
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; see also Cornerstone’s
Letter, ‘‘Five-Year (‘Sunset’) Review Of
Antidumping Duty Order On Melamine from the
People’s Republic Of China: Domestic Interested
Party Notice of Intent to Participate,’’ dated
November 10, 2020.
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; see also Cornerstone’s Letter,
‘‘Five-Year (‘Sunset’) Review Of Antidumping 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 See Melamine from the People’s Republic of
China: Final Results of the Expedited Five-Year
Sunset Review of the Countervailing Duty Order, 86
FR 11501 (February 25, 2021); see also Melamine
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17:01 Jul 08, 2021
Jkt 253001
On July 6, 2021, the ITC published its
determinations, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.7
Scope of the Orders
The merchandise subject to the
Orders is melamine (Chemical Abstracts
Service (CAS) registry number 108–78–
01, molecular formula C3H6N6).8
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
these Orders. 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.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the AD and CVD orders
on melamine from China. U.S. Customs
and Border Protection will continue to
collect AD and CVD cash deposits at the
36253
rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of continuation of
these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: July 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–14640 Filed 7–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Determination of No Shipments; 2019–
2020 Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) finds that Heze Huayi
Chemical Co., Ltd. (Heze Huayi) and
Juancheng Kangtai Chemical Co., Ltd.
(Kangtai) did not have any shipments of
subject merchandise during the period
of review (POR) June 1, 2019, through
May 31, 2020.
SUMMARY:
DATES:
Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
SUPPLEMENTARY INFORMATION:
from the People’s Republic of China: Final Results
of the Expedited Five-Year Sunset Review of the
Antidumping Duty Order, 86 FR 13528 (March 9,
2021).
7 See Melamine from China, 86 FR 35531 (July 6,
2021).
8 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
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Fmt 4703
Sfmt 4703
Background
On March 8, 2021, Commerce
published its Preliminary Results of the
administrative review of the
antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from
China covering the period June 1, 2019,
E:\FR\FM\09JYN1.SGM
09JYN1
]]>Agencies
[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36252-36253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14640]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-020, C-570-021]
Melamine From the People's Republic of China: Continuation of
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) and the International
Trade Commission (ITC) have determined that revocation of the
antidumping duty (AD) and countervailing duty (CVD) orders on melamine
from the People's Republic of China (China) would likely lead to
continuation or recurrence of dumping, net countervailable subsidies,
and material injury to an industry in the United States. Therefore,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable July 9, 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 AD and CVD orders on melamine from
[[Page 36253]]
China.\1\ On November 3, 2020, Commerce published the notice of
initiation of the first sunset review of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On
November 10, 2020, Commerce received notices 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) (Orders).
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 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; see also Cornerstone's Letter, ``Five-Year
(`Sunset') Review Of Antidumping 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 substantive responses from
the domestic interested party within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).\4\ We received no substantive responses from
any other domestic or interested parties 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; see also Cornerstone's Letter, ``Five-Year
(`Sunset') Review Of Antidumping 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 ITC that it did not
receive adequate substantive responses 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 expedited (120-
day) sunset reviews of these Orders.
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Sunset Reviews for November 2020,''
dated December 23, 2020.
---------------------------------------------------------------------------
As a result of its reviews, Commerce determined that revocation of
the AD and CVD orders on melamine from China would likely lead to
continuation or recurrence of dumping and subsidization. Therefore,
Commerce notified the ITC of the magnitude of the margins likely to
prevail should the orders be revoked, pursuant to sections 751(c)(1)
and 752(b) and (c) of the Act.\6\ On July 6, 2021, the ITC published
its determinations, pursuant to sections 751(c) and 752(a) of the Act,
that revocation of the Orders would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\7\
---------------------------------------------------------------------------
\6\ See Melamine from the People's Republic of China: Final
Results of the Expedited Five-Year Sunset Review of the
Countervailing Duty Order, 86 FR 11501 (February 25, 2021); see also
Melamine from the People's Republic of China: Final Results of the
Expedited Five-Year Sunset Review of the Antidumping Duty Order, 86
FR 13528 (March 9, 2021).
\7\ See Melamine from China, 86 FR 35531 (July 6, 2021).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to the Orders is melamine (Chemical
Abstracts Service (CAS) registry number 108-78-01, molecular formula
C3H6N6).\8\ 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 these Orders. Only
the subject component of such commingled products is covered by the
scope of these Orders.
---------------------------------------------------------------------------
\8\ 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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of the AD and CVD orders on melamine from China. U.S. Customs and
Border Protection will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of continuation of these Orders will be the date
of publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year reviews of the Orders not later than 30 days prior
to the fifth anniversary of the effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: July 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-14640 Filed 7-8-21; 8:45 am]
BILLING CODE 3510-DS-P
