Melamine From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 36252-36253 [2021-14640]

Download as PDF 36252 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 For the and Shanghai Yata Industry Company Limited 18 ................ 388.31 companies for which this review is rescinded, Commerce will instruct CBP Xiamen Topu Imports & Export Co., Ltd ................................... 388.31 to assess countervailing duties on all appropriate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 jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 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). PO 00000 Frm 00004 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 VerDate Sep<11>2014 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 Frm 00005 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]


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

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