Melamine From Qatar: Preliminary Negative Determination of Sales at Less Than Fair Value, 77824-77826 [2024-21828]
Download as PDF
77824
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices
All-Others Rate
V. Recommendation
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
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
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–518–001]
Melamine From Qatar: Preliminary
Negative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that melamine from Qatar is
not being, or is not 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:
Andrew Hart, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1058.
SUPPLEMENTARY INFORMATION:
AGENCY:
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.
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.
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).
VerDate Sep<11>2014
[FR Doc. 2024–21825 Filed 9–23–24; 8:45 am]
18:07 Sep 23, 2024
Jkt 262001
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
in the Federal Register on March 11,
2024.1 On June 24, 2024, Commerce
postponed the preliminary
determination of this investigation and
the revised deadline was September 11,
2024.2 On July 22, 2024, Commerce
tolled certain deadlines in this
proceeding by seven days until
September 18, 2024.3 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Negative Determination in the LessThan-Fair-Value Investigation of Melamine from
Qatar,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Memorandum.4 A list of topics 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.
Scope of the Investigation
The product covered by this
investigation is melamine from Qatar.
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.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices in accordance with section
772(a) of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margin exists for the
period, January 1, 2023, through
December 31, 2023: 7
6 See
Initiation Notice, 89 FR at 17413.
discussed in the Preliminary Decision
Memorandum, Commerce preliminarily collapsed
the following companies and treated them as a
single entity: Qatar Melamine Company (QMC);
Qatar Chemical and Petrochemical Marketing and
Distribution Company (Muntajat) Q.P.J.S.C.
(Muntajat); and Qatar Fertiliser Company P.S.C.
(QAFCO).
7 As
E:\FR\FM\24SEN1.SGM
24SEN1
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices
Weightedaverage
dumping margin
(percent)
Exporter/producer
Qatar Melamine Company; Qatar Chemical and Petrochemical Marketing and Distribution Company
(Muntajat) Q.P.J.S.C.; Qatar Fertiliser Company (P.S.C.).
*0.80
77825
Cash
deposit rate
(adjusted for
subsidy
offset(s))
(percent)
Not Applicable.
lotter on DSK11XQN23PROD with NOTICES1
* de minimis.
For this preliminary determination,
Commerce calculated a de minimis
estimated weighted-average dumping
margin for the only individually
examined respondent, the single entity
consisting of QMC, Muntajat, and
QAFCO. Consistent with section
733(b)(3) of the Act, Commerce
disregards de minimis rates and
preliminarily determines that the single
entity with a de minimis rate has not
made sales of subject merchandise at
LTFV.
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
merchandise at LTFV 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. However, as stated above,
because Commerce preliminarily
calculated a de minimis rate for the sole
mandatory respondent, single entity
consisting of QMC, Muntajat, and
QAFCO, the entity has not made sales
of subject merchandise at LTFV.
Therefore, pursuant to 19 CFR
351.204(e), the respondent will not be
subject to provisional measures under
sections 703(d) or section 733(d) of the
Act. Consequently, Commerce has not
conducted a critical circumstances
analysis for this preliminary
determination.
Critical Circumstances Allegation
On June 17, 2024, the petitioner
alleged that critical circumstances exist
with respect to imports of melamine
from Qatar.8 Commerce issued a
questionnaire to the respondents
requesting information regarding their
exports of melamine to the United
States from October 2022 to February
2024 and establishing an ongoing
requirement for the respondents to
provide monthly data during the
investigation.9 On June 24, 2024 and
August 15, 2024, the respondents
provided a timely response.10 Section
733(e)(1) of the Act provides that
Commerce, upon receipt of a timelyfiled allegation of critical circumstances,
will determine whether there is a
reasonable basis to believe or suspect
that: (A)(i) 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
(ii) the person by whom, or for whose
account, the merchandise was imported
knew or should have known that the
exporter was selling the subject
Suspension of Liquidation
8 See
Petitioner’s Letter, ‘‘Petitioner’s Allegation
of Critical Circumstances,’’ dated June 17, 2024
(Critical Circumstances Allegation).
9 See Commerce’s Letter, ‘‘Request for Monthly
Quantity and Value Shipment Data,’’ dated June 17,
2024.
10 See QMC’s and Muntajat’s Letter, ‘‘Response to
Request for Monthly Quantity and Value Shipment
Data,’’ dated June 24, 2024, and August 15, 2024.
VerDate Sep<11>2014
18:07 Sep 23, 2024
Jkt 262001
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of melamine from Qatar.
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
connection with this preliminary
determination to interested parties
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
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.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. 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.11 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.12
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.13 Further, we request that
interested parties limit their 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 in
this investigation. 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
11 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).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
E:\FR\FM\24SEN1.SGM
24SEN1
77826
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices
service of documents in 19 CFR
351.303(f).14
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
its preliminary determination. If the
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 the final determination whether
these imports of melamine from Qatar
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The merchandise subject to this
investigation is melamine (Chemical
14 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
VerDate Sep<11>2014
18:07 Sep 23, 2024
Jkt 262001
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.
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. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Particular Market Situation
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–21828 Filed 9–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
From Canada: Amended Final Results
of Antidumping Duty Administrative
Review in Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty (AD) order on
certain softwood lumber products
(softwood lumber) from Canada to
correct certain ministerial errors. The
period of review (POR) is January 1,
2022, through December 31, 2022.
DATES: Applicable September 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Operations,
AGENCY:
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5831.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2024, Commerce
published, in the Federal Register, the
final results of the administrative review
of the AD order on softwood lumber
from Canada for the POR.1 On August
21, 2024, we received a timely
submitted ministerial error allegation
from West Fraser Mills, Ltd. (West
Fraser), a mandatory respondent in this
administrative review.2 We are
amending the Final Results to correct
the ministerial error alleged by West
Fraser.3
Legal Framework
Section 751(h) of the Tariff Act of
1930, as amended (the Act), defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ 4 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any . . .
ministerial error by amending the final
results of review . . .’’
Ministerial Errors
In the Final Results, we made certain
revisions to our preliminary results
calculations for West Fraser, including
setting the stage of the proceeding in the
comparison market program to final.5 In
its ministerial error comments, West
Fraser alleged that Commerce failed to
make the same adjustment in the
corresponding margin calculation
1 See Certain Softwood Lumber Products from
Canada: Final Results of Antidumping Duty
Administrative Review, Partial Rescission of
Administrative Review and Final Determination of
No Shipments; 2022, 89 FR 67067 (August 19, 2024)
(Final Results), and accompanying Issues and
Decision Memorandum (IDM).
2 See West Fraser’s Letter, ‘‘Request for Correction
of Ministerial Errors in the Antidumping Duty
Administrative Review Calculations,’’ dated August
21, 2024, at Attachment I (West Fraser Ministerial
Error Allegation).
3 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Softwood Lumber
Products from Canada: Analysis of Ministerial Error
Allegations,’’ dated concurrently with this notice
(Ministerial Error Memorandum).
4 See 19 CFR 351.224(f).
5 See Memorandum, ‘‘Analysis for the Final
Results of the Fifth Antidumping Duty
Administrative Review—West Fraser Mills Ltd.,’’
dated August 12, 2024, at Attachment I.
E:\FR\FM\24SEN1.SGM
24SEN1
Agencies
[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77824-77826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21828]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-518-001]
Melamine From Qatar: Preliminary Negative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that melamine from Qatar is not being, or is not 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: Andrew Hart, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1058.
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 in the Federal
Register on March 11, 2024.\1\ On June 24, 2024, Commerce postponed the
preliminary determination of this investigation and the revised
deadline was September 11, 2024.\2\ On July 22, 2024, Commerce tolled
certain deadlines in this proceeding by seven days until September 18,
2024.\3\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics 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.
---------------------------------------------------------------------------
\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.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Negative Determination in the Less-Than-Fair-Value Investigation of
Melamine from Qatar,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is melamine from Qatar.
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.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice, 89 FR at 17413.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period, January 1, 2023,
through December 31, 2023: \7\
---------------------------------------------------------------------------
\7\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily collapsed the following companies and treated
them as a single entity: Qatar Melamine Company (QMC); Qatar
Chemical and Petrochemical Marketing and Distribution Company
(Muntajat) Q.P.J.S.C. (Muntajat); and Qatar Fertiliser Company
P.S.C. (QAFCO).
[[Page 77825]]
------------------------------------------------------------------------
Weighted- average Cash deposit rate
Exporter/producer dumping margin (adjusted for subsidy
(percent) offset(s)) (percent)
------------------------------------------------------------------------
Qatar Melamine Company; Qatar *0.80 Not Applicable.
Chemical and Petrochemical
Marketing and Distribution
Company (Muntajat)
Q.P.J.S.C.; Qatar Fertiliser
Company (P.S.C.).
------------------------------------------------------------------------
* de minimis.
For this preliminary determination, Commerce calculated a de
minimis estimated weighted-average dumping margin for the only
individually examined respondent, the single entity consisting of QMC,
Muntajat, and QAFCO. Consistent with section 733(b)(3) of the Act,
Commerce disregards de minimis rates and preliminarily determines that
the single entity with a de minimis rate has not made sales of subject
merchandise at LTFV.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Critical Circumstances Allegation
On June 17, 2024, the petitioner alleged that critical
circumstances exist with respect to imports of melamine from Qatar.\8\
Commerce issued a questionnaire to the respondents requesting
information regarding their exports of melamine to the United States
from October 2022 to February 2024 and establishing an ongoing
requirement for the respondents to provide monthly data during the
investigation.\9\ On June 24, 2024 and August 15, 2024, the respondents
provided a timely response.\10\ Section 733(e)(1) of the Act provides
that Commerce, upon receipt of a timely-filed allegation of critical
circumstances, will determine whether there is a reasonable basis to
believe or suspect that: (A)(i) 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 (ii) 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 LTFV 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. However, as stated above, because Commerce
preliminarily calculated a de minimis rate for the sole mandatory
respondent, single entity consisting of QMC, Muntajat, and QAFCO, the
entity has not made sales of subject merchandise at LTFV. Therefore,
pursuant to 19 CFR 351.204(e), the respondent will not be subject to
provisional measures under sections 703(d) or section 733(d) of the
Act. Consequently, Commerce has not conducted a critical circumstances
analysis for this preliminary determination.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Petitioner's Allegation of
Critical Circumstances,'' dated June 17, 2024 (Critical
Circumstances Allegation).
\9\ See Commerce's Letter, ``Request for Monthly Quantity and
Value Shipment Data,'' dated June 17, 2024.
\10\ See QMC's and Muntajat's Letter, ``Response to Request for
Monthly Quantity and Value Shipment Data,'' dated June 24, 2024, and
August 15, 2024.
---------------------------------------------------------------------------
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
melamine from Qatar.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this preliminary determination to
interested parties within five days of any public announcement or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
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
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. 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.\11\ 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.\12\
---------------------------------------------------------------------------
\11\ 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).
\12\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\13\
Further, we request that interested parties limit their 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 in this investigation. 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
[[Page 77826]]
service of documents in 19 CFR 351.303(f).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
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 its preliminary
determination. If the 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 the final determination
whether these imports of melamine from Qatar are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary 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-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 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.
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. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Particular Market Situation
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-21828 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-DS-P