Melamine From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, In Part, 77819-77822 [2024-21826]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77819-77822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21826]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-882]


Melamine From Japan: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value and Affirmative Determination of Critical 
Circumstances, In Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that melamine from Japan is being, or is likely to be, sold 
in the United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2023, through December 31, 2023. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable September 24, 2024.

FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-1167.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 11, 
2024.\1\ On June 18, 2024, Commerce postponed the preliminary 
determination of this investigation.\2\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\3\ The deadline for the preliminary determination is now 
September 18, 2024.
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    \1\ See Melamine from Germany, India, Japan, the Netherlands, 
Qatar, and Trinidad and Tobago: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 17413 (March 11, 2024) (Initiation Notice).
    \2\ See Melamine from Germany, India, Japan, the Netherlands, 
Qatar, and Trinidad and Tobago: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 89 FR 
52437 (June 24, 2024).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics

[[Page 77820]]

included in the Preliminary Decision Memorandum is included as Appendix 
II to this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Melamine 
from Japan,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is melamine from Japan. 
For a full description of the scope of this investigation, see Appendix 
I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ we 
set aside a period of time, as stated in the Initiation Notice, for 
parties to raise issues regarding product coverage (i.e., scope).\6\ No 
interested party commented on the scope of the investigation as it 
appeared in the Initiation Notice. Commerce is not modifying the scope 
language as it appeared in the Initiation Notice. See the complete 
description of the scope in Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 17413.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce 
preliminarily relied upon facts otherwise available to assign an 
estimated weighted-average dumping margin to Mitsui Chemicals, the sole 
mandatory respondent in this investigation because Mitsui Chemicals did 
not submit a response to Commerce's antidumping duty questionnaire. 
Further, Commerce preliminarily determines that Mitsui Chemicals failed 
to cooperate by not acting to the best of its ability to comply with a 
request for information and Commerce is using an adverse inference in 
selecting from among the facts otherwise available (i.e., applying 
adverse facts available (AFA) to this respondent, in accordance with 
section 776(b) of the Act). For a full description of the methodology 
underlying our preliminary determination, see the Preliminary Decision 
Memorandum.

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    On June 17, 2024, the petitioner \7\ timely filed a critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of the subject merchandise from Japan.\8\ Section 
733(e)(1) of the Act provides that Commerce will preliminarily 
determine that critical circumstances exist in an LTFV investigation if 
there is a reasonable basis to believe or suspect that: (A) there is a 
history of dumping and material injury by reason of dumped imports in 
the United States or elsewhere of the subject merchandise, or the 
person by whom, or for whose account, the merchandise was imported knew 
or should have known that the exporter was selling the subject 
merchandise at less than its fair value and that there was likely to be 
material injury by reason of such sales; and (B) there have been 
massive imports of the subject merchandise over a relatively short 
period.
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    \7\ The petitioner is Cornerstone Chemical Company.
    \8\ See Petitioner's Letter, ``Allegation of Critical 
Circumstances,'' dated June 17, 2024 (Critical Circumstances 
Allegation).
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    In accordance with section 733(e) of the Act and 19 CFR 351.206, we 
preliminarily determine that critical circumstances exist with respect 
to imports of melamine produced and exported by Mitsui Chemicals. 
Furthermore, we preliminarily determine that critical circumstances do 
not exist with respect to imports of melamine produced and exported by 
all other producers and exporters from Japan. For a full description of 
Commerce's preliminary critical circumstances determination, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(ii) of the Act provides that, in a preliminary 
determination, Commerce shall determine an estimated all-others rate 
for all exporters and producers not individually investigated in 
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of 
the Act states that generally the estimated rate for all others shall 
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated, excluding any zero and de minimis margins, 
and any margins determined entirely under section 776 of the Act. The 
estimated weighted-average dumping margin in this preliminary 
determination was determined entirely under section 776 of the Act. In 
cases where no weighted-average dumping margins other than zero, de 
minimis, or those determined entirely under section 776 of the Act have 
been established for individually examined entities, in accordance with 
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple 
average of the margins alleged in the petition and applies the results 
to all other entities not individually examined.\9\
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    \9\ See, e.g., Thermal Paper from Spain: Final Determination of 
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30, 
2021), and accompanying Issues and Decision Memorandum.
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    In the Petition,\10\ the petitioner alleged two estimated dumping 
margins for Japan, 102.53 and 127.69 percent.\11\ Therefore, consistent 
with our practice, for the all-others rate in this investigation, we 
preliminarily assign a simple average of the dumping margins alleged in 
the Petition, which is 115.11 percent.
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    \10\ See Petitioner's Letter, ``Melamine from Germany, India, 
Japan, the Netherlands, Qatar, and Trinidad and Tobago: Petition for 
the Imposition of Antidumping Duties,'' dated February 14, 2024 
(Petition).
    \11\ See Initiation Notice, 89 FR at 17416.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist during the period January 1, 
2023, through December 31, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Mitsui Chemicals, Inc.......................................     *127.69
All Others..................................................      115.11
------------------------------------------------------------------------
* Rate is based on AFA.

Suspension of Liquidation

    In accordance with section 733(e)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of all entries of melamine, as described in the ``Scope of the 
Investigation'' in Appendix I, from Mitsui Chemicals that are entered, 
or withdrawn from warehouse, for consumption on or after 90 days prior 
to the date of publication of this notice in the Federal Register. In 
accordance with section 733(d)(2) of the Act, Commerce will direct CBP 
to suspend liquidation of all other entries of melamine from Japan, as 
described in the ``Scope of the Investigation'' in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after

[[Page 77821]]

the date of publication of this notice in the Federal Register. We will 
also instruct CBP, pursuant to section 733(d)(1)(B) of the Act and 19 
CFR 351.205(d), to require a cash deposit equal to the estimated 
weighted-average dumping margin or the estimated all-others rate, as 
follows: (1) the cash deposit rate for the respondents listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this preliminary determination; (2) if 
the exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the mandatory respondent in this investigation and applied an AFA 
rate based on the Petition, there are no calculations to disclose.
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    Because the mandatory respondent in this investigation did not act 
to the best of its ability to provide information requested by 
Commerce, and Commerce preliminarily determines the mandatory 
respondent has been uncooperative, we will not conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 14 
days after the date of publication of the preliminary determination. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\12\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\13\
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    \12\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \13\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\14\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination. We request that 
interested parties include footnotes for relevant citations in the 
public executive summary of each issue. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS. Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants and whether any participant is a foreign national; and (3) 
a list of the issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case briefs. An 
electronically filed hearing request must be received successfully in 
its entirety via ACCESS by 5 p.m. Eastern Time within 30 days after the 
date of publication of this notice.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of our affirmative 
preliminary determination. If our final determination is affirmative, 
the ITC will determine before the later of 120 days after the date of 
this preliminary determination or 45 days after our final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: September 18, 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 I

Scope of the Investigation

    The merchandise subject to this investigation 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 this investigation 
irrespective of purity, particle size, or physical form. Melamine 
that has been blended with other products is included within this 
scope when such blends include constituent parts that have been 
intermingled, but that have not been chemically reacted with each 
other to produce a different product. For such blends, only the 
melamine component of the mixture is covered by the scope of this 
investigation. Melamine that is otherwise subject to this 
investigation is not excluded when commingled with melamine from 
sources not subject to this investigation. Only the subject 
component of such commingled products is covered by the scope of 
this investigation.

[[Page 77822]]

    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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available, Use of Adverse Inference, and 
Calculation of All-Others Rate
V. Critical Circumstances
VI. Recommendation

[FR Doc. 2024-21826 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-DS-P