Melamine From Germany, India, Qatar, and Trinidad and Tobago: Initiation of Countervailing Duty Investigations, 17381-17385 [2024-05126]

Download as PDF Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices Dated: March 5, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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: Packing Expenses Comment 2: Whether Commerce Should Increase the Reported Cost of Production (COP) to Account for Affiliate Services Comment 3: Whether Labor and Overhead Expenses Assigned to Non-Wind Towers Should Be Assigned to Wind Towers Comment 4: Arm’s Length Nature of Movement Expenses Comment 5: Whether Commerce Should Use Production Costs Without Auditor’s Adjustment Comment 6: Whether Commerce Should Recalculate the Reported General and Administrative (G&A) and Interest Expenses Comment 7: Deduction of Comparison Market Sales Expenses Comment 8: Application of the Comparison Market Revenue Cap Comment 9: Application of the U.S. Market Revenue Cap Comment 10: Direct Selling Expenses in U.S. Market Comment 11: Constructed Value (CV) and Which Financial Statements, If Any, Commerce Should Use VI. Recommendation [FR Doc. 2024–05064 Filed 3–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–428–853, C–533–925, C–518–002, C–274– 811] Melamine From Germany, India, Qatar, and Trinidad and Tobago: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable March 5, 2024. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Faris Montgomery (Germany), Paul Kebker or Dylan Hill (India), Sofia Pedrelli (Qatar), and Colin Thrasher (Trinidad and Tobago), AD/CVD Operations, Offices VIII, IV, II, and V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068, ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:24 Mar 08, 2024 Jkt 262001 (202) 482–1537, (202) 482–2254, (202) 482–1197, (202) 482–4310, or (202) 482– 3004, respectively. SUPPLEMENTARY INFORMATION: The Petitions On February 14, 2024, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of melamine from Germany, India, Qatar, and Trinidad and Tobago filed in proper form on behalf of Cornerstone Chemical Company (the petitioner).1 The CVD petitions were accompanied by antidumping duty (AD) petitions concerning imports of melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago.2 Between February 16 and 20, 2024, Commerce requested supplemental information pertaining to certain aspects of the Petitions.3 Between February 22 and 26, 2024, the petitioner filed timely responses to these requests for additional information.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of Germany (GOG), the Government of India (GOI), the Government of Qatar (GOQ), and the Government of Trinidad and Tobago (GOTT) (collectively, Governments) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of melamine from Germany, India, Qatar, and Trinidad and Tobago, respectively, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated February 14, 2024 (the Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Melamine from the Federal Republic of Germany: Supplemental Questions,’’ dated February 20, 2024; ‘‘Petition for the Imposition of Countervailing Duties on Imports of Melamine from India: Supplemental Questions,’’ dated February 20, 2024; ‘‘Petition for the Imposition of Countervailing Duties on Imports of Melamine from the State of Qatar: Supplemental Questions,’’ dated February 16, 2024; and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago: Supplemental Questions,’’ dated February 16, 2024 (General Issues Questionnaire). 4 See Petitioner’s Letters, ‘‘Petitioner’s Response to Volume I General Issues Supplemental Questionnaire,’’ dated February 22, 2024 (General Issues Supplement); ‘‘Petitioner’s Response to Volume VIII Supplemental Questionnaire (Germany Countervailing Duties),’’ dated February 23, 2024 (Germany CVD Supplement); ‘‘Petitioner’s Response to Volume IX Supplemental Questionnaire (India Countervailing Duties),’’ dated February 26, 2024; and ‘‘Petitioner’s Response to Volume X Supplemental Questionnaire (Qatar Countervailing Duties),’’ dated February 22, 2024. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 17381 melamine in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigations.5 Periods of Investigation Because the Petitions were filed on February 14, 2024, the periods of investigation (POI) for Germany, India, Qatar, and Trinidad and Tobago are January 1, 2023, through December 31, 2023.6 Scope of the Investigations The merchandise covered by these investigations is melamine from Germany, India, Qatar, and Trinidad and Tobago. For a full description of the scope of these investigations, see the appendix to this notice. Comments on the Scope of the Investigations On February 16, 2024, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.7 On February 22, 2024 the petitioner provided clarifications and revised the scope.8 The description of merchandise covered by these investigations, as described in the appendix to this notice, reflects these revisions. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).9 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information, all such factual information should be limited to 5 See section on ‘‘Determination of Industry Support for the Petitions,’’ infra. 6 See 19 CFR 351.204(b)(2). 7 See General Issues Questionnaire. 8 See General Issues Supplement at 5–8. 9 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). E:\FR\FM\11MRN1.SGM 11MRN1 17382 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices public information.10 To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on March 25, 2024, which is 20 calendar days from the signature date of this notice.11 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 4, 2024, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of the investigations be submitted during that time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.12 An electronically filed document must be received successfully in its entirety by the time and date it is due. ddrumheller on DSK120RN23PROD with NOTICES1 Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the Governments of the receipt of the Petitions and provided an opportunity for consultations with respect to the Petitions.13 Commerce held consultations with the GOTT on 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See 19 CFR 351.303(b)(1). 12 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. 13 See Commerce’s Letters, ‘‘Countervailing Duty Petition on Melamine from the Federal Republic of Germany: Invitation for Consultations,’’ dated February 15, 2024; ‘‘Invitation for Consultations to Discuss the Countervailing Duty Petition on Melamine from India,’’ dated February 15, 2024; ‘‘Countervailing Duty Petition on Melamine from the State of Qatar: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated February 15, 2024; and ‘‘Countervailing Duty Petition on Melamine from Trinidad and Tobago,’’ dated February 15, 2024. VerDate Sep<11>2014 18:24 Mar 08, 2024 Jkt 262001 February 23, 2024,14 the GOG and the European Union Commission on February 28, 2024,15 and the GOI on March 4, 2024.16 The GOQ did not request consultations. Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC apply the same statutory definition regarding the domestic like product,17 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the 14 See Memorandum, ‘‘Consultations with Officials from the Government of Trinidad and Tobago,’’ dated February 23, 2024. 15 See Memorandum, ‘‘Consultations with Officials from the Government of Germany and the European Union,’’ dated February 28, 2024. 16 See Memorandum, ‘‘Consultations with Officials from the Government of India,’’ dated March 4, 2024. 17 See section 771(10) of the Act. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 decision of either agency contrary to law.18 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigations.19 Based on our analysis of the information submitted on the record, we have determined that melamine, as described in the domestic like product definition set forth in the Petitions, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.20 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2023.21 The petitioner states that there are no other known producers of melamine in the United States and provided information to support its claim; therefore, the Petitions are supported by 100 percent of the U.S. industry.22 We relied on data provided by the petitioner for purposes of measuring industry support.23 Our review of the data provided in the Petitions and other information readily 18 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 19 See Petitions at Volume I (pages 14–17 and Exhibits I–3 through I–5, I–21, and I–22). 20 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see CVD Investigation Initiation Checklists: Melamine from Germany, India, Qatar, and Trinidad and Tobago, dated concurrently with, and hereby adopted by, this notice (Country-Specific CVD Initiation Checklists), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago (Attachment II). These checklists are on file electronically via ACCESS. 21 See Petitions at Volume I (page 5 and Exhibit I–1). 22 Id. at 5 and Exhibits I–1, I–3 and I–8. 23 Id. For further discussion, see Attachment II of the Country-Specific CVD Initiation Checklists. E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices available to Commerce indicates that the petitioner has established industry support for the Petitions.24 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action to evaluate industry support (e.g., polling).25 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.26 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.27 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.28 Injury Test Because Germany, India, Qatar, and Trinidad and Tobago are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from Germany, India, Qatar, and/or Trinidad and Tobago materially injure, or threaten material injury to, a U.S. industry. ddrumheller on DSK120RN23PROD with NOTICES1 Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefiting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports from Germany, India, Qatar, and Trinidad and Tobago exceed the negligibility 24 See Attachment II of the Country-Specific CVD Initiation Checklists. 25 Id.; see also section 702(c)(4)(D) of the Act. 26 See Attachment II of the Country-Specific CVD Initiation Checklists. 27 Id. 28 Id. VerDate Sep<11>2014 18:24 Mar 08, 2024 Jkt 262001 17383 threshold provided for under section 771(24)(A) of the Act.29 The petitioner contends that the industry’s injured condition is illustrated by the significant volume of subject imports; reduced market share; underselling and price depression and/ or suppression; lost sales and revenues; decline in shipments, production, and capacity utilization; and adverse effect on financial performance.30 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.31 In accordance with section 771(7)(G)(ii)(III) of the Act, which provides an exception to the mandatory cumulation provision for imports from any country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act (CBERA), we considered the petitioner’s allegation of injury with respect to Trinidad and Tobago, a designated beneficiary under CBERA, independently of the allegations for Germany, India, and Qatar, and found that the information provided satisfies the requirements for initiation.32 alleged by the petitioner.33 For a full discussion of the basis for our decision to initiate on each program, see the Germany CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Initiation of CVD Investigations Trinidad and Tobago Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of melamine from Germany, India, Qatar, and Trinidad and Tobago benefit from countervailable subsidies conferred by the GOG, GOI, GOQ, and GOTT, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of these initiations. Germany Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all 11 of the programs 29 See Petitions at Volume I (pages 17–18 and Exhibit I–23). 30 See Petitions at Volume I (pages 1–3, 17–40 and Exhibits I–1, I–3 through I–5, I–8, I–13, and I–23 through I–31). 31 See Country-Specific CVD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago. 32 Id. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 India Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all 19 of the programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Qatar Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all seven programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the Qatar CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on both of the programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the Trinidad and Tobago CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petitions, the petitioner identified one company in Germany (i.e., LAT Nitrogen Piesteritz GmbH), one company in India (i.e., Gujarat State Fertilizer and Chemicals Limited), two companies in Qatar (i.e., Qatar Melamine Company; and Muntajat Qatar Chemical and Petrochemical Marketing and Distribution Company), and one company in Trinidad and Tobago (i.e., Methanol Holdings (Trinidad) Limited) as producers and/or exporters of melamine and provided independent third-party information as 33 We note that the petitioner withdrew an allegation for one program in the Petition, the Special Equalization Scheme (SES)—Reduced Surcharge Under the KWKG program. See Germany CVD Supplement at 10. E:\FR\FM\11MRN1.SGM 11MRN1 17384 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices support.34 We currently know of no additional producers/exporters of melamine products from Germany, India, Qatar, and Trinidad and Tobago. Accordingly, Commerce intends to individually examine all known producers/exporters in the investigations from these countries (i.e., the companies cited above). We invite interested parties to comment on this issue. Such comments may include factual information within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so within three business days of the publication of this notice in the Federal Register. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because we intend to examine all known producers/exporters in Germany, India, Qatar, and Trinidad and Tobago, if no comments are received or if comments received further support the existence of only these producers/exporters in Germany, India, Qatar, and Trinidad and Tobago, respectively, we do not intend to conduct respondent selection and will proceed to issuing the initial CVD questionnaires to the companies identified. However, if comments are received which create a need for a respondent selection process, we intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the GOG, GOI, GOQ, and GOTT via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. ddrumheller on DSK120RN23PROD with NOTICES1 Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions was filed, whether there is a reasonable indication that imports of melamine from Germany, India, Qatar, and/or Trinidad and Tobago are materially injuring, or threatening material injury to, a U.S. industry.35 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.36 Otherwise, these CVD investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors of production under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 37 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.38 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce.39 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or 36 Id. 34 See Petition at Volume I (page 13 and Exhibit VerDate Sep<11>2014 18:24 Mar 08, 2024 37 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 39 See 19 CFR 351.302. 38 See I–18). 35 See section 703(a)(1) of the Act. Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in these investigations.40 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.41 Parties must use the certification formats provided in 19 CFR 351.303(g).42 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).43 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). 40 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 41 See section 782(b) of the Act. 42 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 43 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023). E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices Dated: March 5, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigations The merchandise subject to these investigations is melamine (Chemical Abstracts Service (CAS) registry number 108– 78–01, molecular formula C3 H6 N6). 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. Melamine is a crystalline powder or granule. All melamine is covered by the scope of these investigations irrespective of purity, particle size, or physical form. Melamine that has been blended with other products is included within this scope when such blends include constituent parts that have been intermingled, but that have not been chemically reacted with each other to produce a different product. For such blends, only the melamine component of the mixture is covered by the scope of these investigations. Melamine that is otherwise subject to these investigations is not excluded when commingled with melamine from sources not subject to these investigations. Only the subject component of such commingled products is covered by the scope of these investigations. 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. [FR Doc. 2024–05126 Filed 3–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–469–818] Ripe Olives From Spain: Final Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain producer and exporters of ripe olives from Spain received countervailable subsidies during the ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:24 Mar 08, 2024 Jkt 262001 period of review (POR) January 1, 2021, through December 31, 2021. DATES: Applicable March 11, 2024. FOR FURTHER INFORMATION CONTACT: Dusten Hom or Theodore Pearson, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5075 or (202) 482–2631, respectively. SUPPLEMENTARY INFORMATION: Background On September 7, 2023, Commerce published the Preliminary Results of the 2021 administrative review of the countervailing duty order on ripe olives from Spain and invited comments from interested parties.1 On December 7, 2023, Commerce extended the deadline for issuing the final results until March 5, 2024.2 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.3 Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the Order are ripe olives from Spain. For a full description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by the interested parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum. The topics discussed and the issues raised by parties to which we responded in the Issues and Decision Memorandum are listed in the appendix to this notice. The Issues and Decision Memorandum is a public document and 1 See Ripe Olives from Spain: Preliminary Results of Countervailing Duty Administrative Review, and Partial Rescission of Review; 2021, 88 FR 61517 (September 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Extension of Deadline for Final Results of the Countervailing Duty Administrative Review,’’ dated December 7, 2023. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Ripe Olives from Spain; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 17385 is on file electronically via Enforcement and Compliance’s Antidumping and CVD Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on comments received from interested parties, we revised the calculation of the net countervailable subsidy rates for Agro Sevilla Aceitunas, S.Coop.And. (Agro Sevilla). For a discussion of the issues, see the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of Act. For each of the subsidy programs found to be countervailable, we determine that there is a subsidy, i.e., a governmentprovided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions, including our reliance, in part, on facts otherwise available, pursuant to sections 776 of the Act. Non-Selected Companies’ Rate We made no changes to the methodology for determining a rate for Aceitunas Guadalquivir, S.L. (Guadalquivir), the only company not selected for individual examination from the Preliminary Results. However, due to changes in the benefit calculations for Agro Sevilla, the nonselected rate changed for Guadalquivir. For Guadalquivir, we are applying an ad valorem subsidy rate of 8.14 percent. Final Results of the Administrative Review We find the following net countervailable subsidy rates for the POR January 1, 2021, through December 31, 2021: 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17381-17385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-428-853, C-533-925, C-518-002, C-274-811]


Melamine From Germany, India, Qatar, and Trinidad and Tobago: 
Initiation of Countervailing Duty Investigations

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

DATES: Applicable March 5, 2024.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Faris Montgomery 
(Germany), Paul Kebker or Dylan Hill (India), Sofia Pedrelli (Qatar), 
and Colin Thrasher (Trinidad and Tobago), AD/CVD Operations, Offices 
VIII, IV, II, and V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-9068, (202) 482-1537, 
(202) 482-2254, (202) 482-1197, (202) 482-4310, or (202) 482-3004, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On February 14, 2024, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
melamine from Germany, India, Qatar, and Trinidad and Tobago filed in 
proper form on behalf of Cornerstone Chemical Company (the 
petitioner).\1\ The CVD petitions were accompanied by antidumping duty 
(AD) petitions concerning imports of melamine from Germany, India, 
Japan, the Netherlands, Qatar, and Trinidad and Tobago.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated February 14, 2024 
(the Petitions).
    \2\ Id.
---------------------------------------------------------------------------

    Between February 16 and 20, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ Between 
February 22 and 26, 2024, the petitioner filed timely responses to 
these requests for additional information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Melamine from the Federal 
Republic of Germany: Supplemental Questions,'' dated February 20, 
2024; ``Petition for the Imposition of Countervailing Duties on 
Imports of Melamine from India: Supplemental Questions,'' dated 
February 20, 2024; ``Petition for the Imposition of Countervailing 
Duties on Imports of Melamine from the State of Qatar: Supplemental 
Questions,'' dated February 16, 2024; and ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Melamine from Germany, India, Japan, the Netherlands, Qatar, and 
Trinidad and Tobago: Supplemental Questions,'' dated February 16, 
2024 (General Issues Questionnaire).
    \4\ See Petitioner's Letters, ``Petitioner's Response to Volume 
I General Issues Supplemental Questionnaire,'' dated February 22, 
2024 (General Issues Supplement); ``Petitioner's Response to Volume 
VIII Supplemental Questionnaire (Germany Countervailing Duties),'' 
dated February 23, 2024 (Germany CVD Supplement); ``Petitioner's 
Response to Volume IX Supplemental Questionnaire (India 
Countervailing Duties),'' dated February 26, 2024; and 
``Petitioner's Response to Volume X Supplemental Questionnaire 
(Qatar Countervailing Duties),'' dated February 22, 2024.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of 
Germany (GOG), the Government of India (GOI), the Government of Qatar 
(GOQ), and the Government of Trinidad and Tobago (GOTT) (collectively, 
Governments) are providing countervailable subsidies, within the 
meaning of sections 701 and 771(5) of the Act, to producers of melamine 
from Germany, India, Qatar, and Trinidad and Tobago, respectively, and 
that such imports are materially injuring, or threatening material 
injury to, the domestic industry producing melamine in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating CVD 
investigations, the Petitions were accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigations.\5\
---------------------------------------------------------------------------

    \5\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on February 14, 2024, the periods 
of investigation (POI) for Germany, India, Qatar, and Trinidad and 
Tobago are January 1, 2023, through December 31, 2023.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigations

    The merchandise covered by these investigations is melamine from 
Germany, India, Qatar, and Trinidad and Tobago. For a full description 
of the scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On February 16, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On February 22, 2024 the petitioner provided clarifications 
and revised the scope.\8\ The description of merchandise covered by 
these investigations, as described in the appendix to this notice, 
reflects these revisions.
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    \7\ See General Issues Questionnaire.
    \8\ See General Issues Supplement at 5-8.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to

[[Page 17382]]

public information.\10\ To facilitate preparation of its 
questionnaires, Commerce requests that scope comments be submitted by 
5:00 p.m. Eastern Time (ET) on March 25, 2024, which is 20 calendar 
days from the signature date of this notice.\11\ Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
April 4, 2024, which is 10 calendar days from the initial comment 
deadline.
---------------------------------------------------------------------------

    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Governments of the receipt of the Petitions and provided 
an opportunity for consultations with respect to the Petitions.\13\ 
Commerce held consultations with the GOTT on February 23, 2024,\14\ the 
GOG and the European Union Commission on February 28, 2024,\15\ and the 
GOI on March 4, 2024.\16\ The GOQ did not request consultations.
---------------------------------------------------------------------------

    \13\ See Commerce's Letters, ``Countervailing Duty Petition on 
Melamine from the Federal Republic of Germany: Invitation for 
Consultations,'' dated February 15, 2024; ``Invitation for 
Consultations to Discuss the Countervailing Duty Petition on 
Melamine from India,'' dated February 15, 2024; ``Countervailing 
Duty Petition on Melamine from the State of Qatar: Invitation for 
Consultations to Discuss the Countervailing Duty Petition,'' dated 
February 15, 2024; and ``Countervailing Duty Petition on Melamine 
from Trinidad and Tobago,'' dated February 15, 2024.
    \14\ See Memorandum, ``Consultations with Officials from the 
Government of Trinidad and Tobago,'' dated February 23, 2024.
    \15\ See Memorandum, ``Consultations with Officials from the 
Government of Germany and the European Union,'' dated February 28, 
2024.
    \16\ See Memorandum, ``Consultations with Officials from the 
Government of India,'' dated March 4, 2024.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\17\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\18\
---------------------------------------------------------------------------

    \17\ See section 771(10) of the Act.
    \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\19\ Based on our analysis of the information 
submitted on the record, we have determined that melamine, as described 
in the domestic like product definition set forth in the Petitions, 
constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\20\
---------------------------------------------------------------------------

    \19\ See Petitions at Volume I (pages 14-17 and Exhibits I-3 
through I-5, I-21, and I-22).
    \20\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see CVD Investigation Initiation Checklists: Melamine from Germany, 
India, Qatar, and Trinidad and Tobago, dated concurrently with, and 
hereby adopted by, this notice (Country-Specific CVD Initiation 
Checklists), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Melamine from 
Germany, India, Japan, the Netherlands, Qatar, and Trinidad and 
Tobago (Attachment II). These checklists are on file electronically 
via ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\21\ The petitioner 
states that there are no other known producers of melamine in the 
United States and provided information to support its claim; therefore, 
the Petitions are supported by 100 percent of the U.S. industry.\22\ We 
relied on data provided by the petitioner for purposes of measuring 
industry support.\23\
---------------------------------------------------------------------------

    \21\ See Petitions at Volume I (page 5 and Exhibit I-1).
    \22\ Id. at 5 and Exhibits I-1, I-3 and I-8.
    \23\ Id. For further discussion, see Attachment II of the 
Country-Specific CVD Initiation Checklists.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions and other 
information readily

[[Page 17383]]

available to Commerce indicates that the petitioner has established 
industry support for the Petitions.\24\ First, the Petitions 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, Commerce is not required to take further action 
to evaluate industry support (e.g., polling).\25\ Second, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(i) of the Act because the domestic 
producers (or workers) who support the Petitions account for at least 
25 percent of the total production of the domestic like product.\26\ 
Finally, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 702(c)(4)(A)(ii) of the Act 
because the domestic producers (or workers) who support the Petitions 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions.\27\ Accordingly, Commerce 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 702(b)(1) of the Act.\28\
---------------------------------------------------------------------------

    \24\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \25\ Id.; see also section 702(c)(4)(D) of the Act.
    \26\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \27\ Id.
    \28\ Id.
---------------------------------------------------------------------------

Injury Test

    Because Germany, India, Qatar, and Trinidad and Tobago are 
``Subsidies Agreement Countries'' within the meaning of section 701(b) 
of the Act, section 701(a)(2) of the Act applies to these 
investigations. Accordingly, the ITC must determine whether imports of 
the subject merchandise from Germany, India, Qatar, and/or Trinidad and 
Tobago materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from Germany, India, Qatar, and Trinidad 
and Tobago exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\29\
---------------------------------------------------------------------------

    \29\ See Petitions at Volume I (pages 17-18 and Exhibit I-23).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume of subject imports; reduced 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; decline in shipments, production, and capacity 
utilization; and adverse effect on financial performance.\30\ We 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, cumulation, as well as 
negligibility, and we have determined that these allegations are 
properly supported by adequate evidence and meet the statutory 
requirements for initiation.\31\ In accordance with section 
771(7)(G)(ii)(III) of the Act, which provides an exception to the 
mandatory cumulation provision for imports from any country designated 
as a beneficiary country under the Caribbean Basin Economic Recovery 
Act (CBERA), we considered the petitioner's allegation of injury with 
respect to Trinidad and Tobago, a designated beneficiary under CBERA, 
independently of the allegations for Germany, India, and Qatar, and 
found that the information provided satisfies the requirements for 
initiation.\32\
---------------------------------------------------------------------------

    \30\ See Petitions at Volume I (pages 1-3, 17-40 and Exhibits I-
1, I-3 through I-5, I-8, I-13, and I-23 through I-31).
    \31\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Melamine from Germany, India, Japan, the 
Netherlands, Qatar, and Trinidad and Tobago.
    \32\ Id.
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of melamine from Germany, India, Qatar, and Trinidad 
and Tobago benefit from countervailable subsidies conferred by the GOG, 
GOI, GOQ, and GOTT, respectively. In accordance with section 703(b)(1) 
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determinations no later than 65 days after the date of 
these initiations.

Germany

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all 11 of the 
programs alleged by the petitioner.\33\ For a full discussion of the 
basis for our decision to initiate on each program, see the Germany CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.
---------------------------------------------------------------------------

    \33\ We note that the petitioner withdrew an allegation for one 
program in the Petition, the Special Equalization Scheme (SES)--
Reduced Surcharge Under the KWKG program. See Germany CVD Supplement 
at 10.
---------------------------------------------------------------------------

India

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all 19 of the 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the India CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Qatar

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all seven 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Qatar CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Trinidad and Tobago

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on both of the 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Trinidad and 
Tobago CVD Initiation Checklist. A public version of the initiation 
checklist for this investigation is available on ACCESS.

Respondent Selection

    In the Petitions, the petitioner identified one company in Germany 
(i.e., LAT Nitrogen Piesteritz GmbH), one company in India (i.e., 
Gujarat State Fertilizer and Chemicals Limited), two companies in Qatar 
(i.e., Qatar Melamine Company; and Muntajat Qatar Chemical and 
Petrochemical Marketing and Distribution Company), and one company in 
Trinidad and Tobago (i.e., Methanol Holdings (Trinidad) Limited) as 
producers and/or exporters of melamine and provided independent third-
party information as

[[Page 17384]]

support.\34\ We currently know of no additional producers/exporters of 
melamine products from Germany, India, Qatar, and Trinidad and Tobago.
---------------------------------------------------------------------------

    \34\ See Petition at Volume I (page 13 and Exhibit I-18).
---------------------------------------------------------------------------

    Accordingly, Commerce intends to individually examine all known 
producers/exporters in the investigations from these countries (i.e., 
the companies cited above). We invite interested parties to comment on 
this issue. Such comments may include factual information within the 
meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so 
within three business days of the publication of this notice in the 
Federal Register. Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because 
we intend to examine all known producers/exporters in Germany, India, 
Qatar, and Trinidad and Tobago, if no comments are received or if 
comments received further support the existence of only these 
producers/exporters in Germany, India, Qatar, and Trinidad and Tobago, 
respectively, we do not intend to conduct respondent selection and will 
proceed to issuing the initial CVD questionnaires to the companies 
identified. However, if comments are received which create a need for a 
respondent selection process, we intend to finalize our decisions 
regarding respondent selection within 20 days of publication of this 
notice.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOG, GOI, GOQ, and GOTT via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petitions to each exporter named in the Petitions, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions was filed, whether there is a reasonable 
indication that imports of melamine from Germany, India, Qatar, and/or 
Trinidad and Tobago are materially injuring, or threatening material 
injury to, a U.S. industry.\35\ A negative ITC determination for any 
country will result in the investigation being terminated with respect 
to that country.\36\ Otherwise, these CVD investigations will proceed 
according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \35\ See section 703(a)(1) of the Act.
    \36\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors of production under 19 CFR 351.408(c) or 
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); 
(iv) evidence placed on the record by Commerce; and (v) evidence other 
than factual information described in (i)-(iv). Section 351.301(b) of 
Commerce's regulations requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted \37\ and, if the information is 
submitted to rebut, clarify, or correct factual information already on 
the record, to provide an explanation identifying the information 
already on the record that the factual information seeks to rebut, 
clarify, or correct.\38\ Time limits for the submission of factual 
information are addressed in 19 CFR 351.301, which provides specific 
time limits based on the type of factual information being submitted. 
Interested parties should review the regulations prior to submitting 
factual information in these investigations.
---------------------------------------------------------------------------

    \37\ See 19 CFR 351.301(b).
    \38\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\39\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\40\
---------------------------------------------------------------------------

    \39\ See 19 CFR 351.302.
    \40\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\41\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\42\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \41\ See section 782(b) of the Act.
    \42\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing 
the required letters of appearance). Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\43\
---------------------------------------------------------------------------

    \43\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).


[[Page 17385]]


    Dated: March 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise subject to these investigations is melamine 
(Chemical Abstracts Service (CAS) registry number 108-78-01, 
molecular formula C3 H6 N6). 
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. Melamine is a crystalline powder or granule. 
All melamine is covered by the scope of these investigations 
irrespective of purity, particle size, or physical form. Melamine 
that has been blended with other products is included within this 
scope when such blends include constituent parts that have been 
intermingled, but that have not been chemically reacted with each 
other to produce a different product. For such blends, only the 
melamine component of the mixture is covered by the scope of these 
investigations. Melamine that is otherwise subject to these 
investigations is not excluded when commingled with melamine from 
sources not subject to these investigations. Only the subject 
component of such commingled products is covered by the scope of 
these investigations.
    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.

[FR Doc. 2024-05126 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P

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