Hexamethylenetetramine From the People's Republic of China and India: Initiation of Countervailing Duty Investigations, 87560-87564 [2024-25524]
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices
proceeding must certify to the accuracy
and completeness of that information.43
Parties must use the certification
formats provided in 19 CFR
351.303(g).44 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 APO
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).45
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: October 28, 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 consists of thermoformed
molded fiber products regardless of shape,
form, function, fiber source, or finish.
Thermoformed molded fiber products are
formed with cellulose fibers, thermoformed
using one or more heated molds, and dried/
cured in the mold.
Thermoformed molded fiber products
include, but are not limited to, plates, bowls,
clamshells, trays, lids, food or foodservice
contact packaging, and consumer or other
product packaging.
Thermoformed molded fiber products are
relatively dense, with a typical fiber density
above 0.5 grams per cubic centimeter, and are
generally characterized by relatively smooth
surfaces. They may be derived from any
virgin or recycled cellulose fiber source
(including, but not limited to, those sourced
from wood, woody crops, agricultural crops/
byproducts/residue, and agricultural/
industrial/other waste). They may have any
weight, shape, dimensionality, design, or
size, and may be bleached, unbleached, dyed,
colored, or printed. They may include
43 See
section 782(b) of the Act.
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.
45 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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44 See
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ingredients, additives, or chemistries to
enhance functionality including, but not
limited to, anti-microbial, anti-fungal, antibacterial, heat/flame resistant, hydrophobic,
oleophobic, absorbent, or adsorbent.
Thermoformed molded fiber products may
also be subject to other processing or
treatments, including, but not limited to, hot
or after pressing, die-cutting, punching,
trimming, padding, perforating, printing,
labeling, dying, coloring, coating, laminating,
embossing, debossing, repacking, or
denesting. Thermoformed molded fiber
products subject to these investigations may
also have additional design features,
including, but not limited to, tab closures,
venting, channeling, or stiffening.
Thermoformed molded fiber products
remain covered by the scope of these
investigations whether the subject product is
encased by exterior packaging or whether the
subject product forms the outer packaging for
non-subject products. They also remain
covered by the scope of these investigations
whether imported alone, or in any
combination of subject and non-subject
merchandise (e.g., a lid or cover of any type
packaged with a molded fiber bowl, addition
of any items to make the thermoformed
molded fiber packaging suitable for end-use
such as absorbent pads). When thermoformed
molded fiber products are imported in
combination with non-subject merchandise,
only the thermoformed molded fiber
products are subject merchandise.
Excluded from the scope of these
investigations are thermoformed molded
fiber products imported as packaging
material that enclose and/or surround nonsubject merchandise prepackaged for final
sale upon importation into the United States
(e.g., molded fiber packaging surrounding a
cellular phone).
Thermoformed molded fiber products
include thermoformed molded fiber products
matching the above description that have
been finished, packaged, or otherwise
processed in a third country by performing
finishing, packaging, or processing that
would not otherwise remove the
merchandise from the scope of the
investigations if performed in the country of
manufacture of the thermoformed molded
fiber products. Examples of finishing,
packaging, or other processing in a third
country that would not otherwise remove the
merchandise from the scope of the
investigations if performed in the country of
manufacture of the thermoformed molded
fiber products include, but are not limited to,
hot or after pressing, die-cutting, punching,
trimming, padding, perforating, printing,
labeling, dying, coloring, coating, laminating,
embossing, debossing, repacking, or
denesting.
Thermoformed molded fiber products are
classified under subheadings 7823.70.0020
and 4823.70.0040, Harmonized Tariff
Schedule of the United States (HTSUS).
Imports may also be classified under
subheadings 4823.61.0020, 4823.61.0040,
4823.69.0020, 4823.69.0040, 4823.90.1000,
HTSUS. References to the HTSUS
classification are provided for convenience
and customs purposes, and the written
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description of the merchandise under
investigation is dispositive.
[FR Doc. 2024–25561 Filed 11–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–181, C–533–933]
Hexamethylenetetramine From the
People’s Republic of China and India:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Eliza Delong at 202–482–3878 (the
People’s Republic of China (China)), and
Nicholas Czajkowski at 202–482–1395
(India), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 30, 2024, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of
hexamethylenetetramine (hexamine)
from China and India filed in proper
form on behalf of Bakelite LLC (the
petitioner).1 The CVD Petitions were
accompanied by antidumping duty (AD)
petitions concerning imports of
hexamine from China, Germany, India,
and Saudi Arabia.2
Between October 2 and 11, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions.3 Between October 7 and 18,
2024, the petitioner filed timely
responses to these requests for
additional information.4
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated September 30, 2024 (Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated October 2, 2024 (First General
Issues Questionnaire), see also Country-Specific
CVD Supplemental Questionnaires: China
Supplemental and India Supplemental, dated
October 2, 2024; Commerce’s Letter, ‘‘Second
Supplemental Questions,’’ dated October 11, 2024
(Second General Issues Questionnaire); and
Memorandum, ‘‘Phone Call,’’ dated October 15,
2024 (October 15, 2024, Memorandum).
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions,’’ dated October 7, 2024
(First General Issues Supplement); see also
Country-Specific CVD Supplemental Responses:
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In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC), and the
Government of India (GOI) (collectively,
Governments) are providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of hexamine from
China and India, and that such imports
are materially injuring, or threatening
material injury to, the domestic industry
producing hexamine 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
September 30, 2024, the periods of
investigation for the China and India
CVD investigations are January 1, 2023,
through December 31, 2023.6
Scope of the Investigations
The merchandise covered by these
investigations is hexamine from China
and India. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
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On October 2 and 11, 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 During October 7
through 18, 2024, the petitioner
provided clarifications and revised the
China CVD Supplement and India CVD
Supplement, dated October 7 and 8, 2024;
Petitioner’s Letter, ‘‘Petitioner’s Response to Second
Supplemental Questions,’’ dated October 17, 2024
(Second General Issues Supplement), and
Petitioner’s Letter, ‘‘Erratum to Response to
Supplemental Questions,’’ dated October 18, 2024
(Second General Issues Errata).
5 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
6 See 19 CFR 351.204(b)(2).
7 See First General Issues Questionnaire; see also
Second General Issues Questionnaire; and October
15, 2024, Memorandum.
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scope.8 The description of merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these clarifications.
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
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 November 12,
2024, which is the next business day
after 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 November 22, 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
8 See First General Issues Supplement at 3–5; see
also Second General Issues Supplement at 1–3 and
Second General Issues Errata.
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). The deadline for
scope comments falls on November 10, 2024, which
is a Sunday. Monday, November 11, 2024 is a
federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept comments
filed by 5:00 p.m. ET on November 12, 2024 (‘‘For
both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
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electronically filed document must be
received successfully in its entirety by
the time and date it is due.
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 GOI on October
10, 2024,14 and the GOC on October 16,
2024.15
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
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, ‘‘Invitation for
Consultation to Discuss the Countervailing Duty
Petition,’’ dated September 5, 2024, and September
6, 2024.
14 See Memorandum, ‘‘Consultations with the
Government of India,’’ dated October 10, 2024 (GOI
Consultations Memorandum).
15 See Memorandum, ‘‘Consultations with the
Government of China,’’ dated October 16, 2024
(GOC Consultations Memorandum).
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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,16 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.17
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.18 Based on our analysis
of the information submitted on the
record, we have determined that
hexamine, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.19
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
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16 See
section 771(10) of the Act.
17 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 Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
18 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Countervailing Duty Investigation Initiation
Checklists: Hexamethylenetetramine from the
People’s Republic of China, Germany, India, and
Saudi Arabia,’’ 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
Hexamethylenetetramine from the People’s
Republic of China, Germany, India, and Saudi
Arabia (Attachment II). These checklists are on file
electronically via ACCESS.
19 See Attachment II of the Country-Specific CVD
Initiation Checklists.
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17:28 Nov 01, 2024
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notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2023.20 The petitioner stated that
there are no other known producers of
hexamine in the United States;
therefore, the Petitions are supported by
100 percent of the U.S. industry.21 We
relied on data provided by the petitioner
for purposes of measuring industry
support.22
Our review of the data provided in the
Petitions, the First General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.23
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 in order
to evaluate industry support (e.g.,
polling).24 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.25 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.26 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.27
Injury Test
Because China and India 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 China and/or India
20 Id.
21 Id.
22 For
further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
23 For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
24 Id.; see also section 702(c)(4)(D) of the Act.
25 See Attachment II of the Country-Specific CVD
Initiation Checklists.
26 Id.
27 Id.
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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 China
and India individually exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.28
The petitioner contends that the
industry’s injured condition is
illustrated by the significant volume and
market share of subject imports;
underselling and price depression and/
or suppression; lost sales and revenues;
and adverse impact on the domestic
industry’s production, capacity
utilization, U.S. shipments, employment
variables, capital expenditures, and
sales and profitability.29 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.30
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 hexamine
from China and India benefit from
countervailable subsidies conferred by
the GOC and GOI, 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.
China
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 27 of the 28 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
28 For further information regarding negligibility
and the injury allegation, 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 Hexamethylenetetramine
from the People’s Republic of China, Germany,
India, and Saudi Arabia (Attachment III).
29 Id.
30 Id.
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to initiate on each program, see the
China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
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India
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 18 of the 18 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.
Respondent Selection
In the Petitions, the petitioner
identified 10 companies in China and
four companies in India as producers
and/or exporters of hexamine.31
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in these investigations. In the
event that Commerce determines that
the number of companies is large and it
cannot individually examine each
company based on Commerce’s
resources, Commerce normally selects
mandatory respondents in CVD
investigations using U.S. Customs and
Border Protection (CBP) entry data for
U.S. imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) subheading(s)
listed in the ‘‘Scope of the
Investigations’’ in the appendix.
However, for these investigations, the
main HTSUS subheading under which
the subject merchandise would enter
(2933.69.5000) is not limited to subject
merchandise and therefore may also
cover non-subject merchandise.
Therefore, we cannot rely on CBP entry
data in selecting respondents.
Accordingly, for China and India,
Commerce will send Q&V
questionnaires to each producer and/or
exporter for which there is complete
address information on the record.
Commerce will post the Q&V
questionnaire along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
hexamine from China and India that do
not receive Q&V questionnaires may
still submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Commerce’s website. Responses to the
31 See Petitions at Volume I (pages 10–11 and
Exhibits I–8); see also First General Issues
Supplement at 1–2 and Exhibit I–S1.
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17:28 Nov 01, 2024
Jkt 265001
Q&V questionnaire must be submitted
by the relevant Chinese and Indian
producers/exporters no later than 5:00
p.m. ET on November 4, 2024, which is
two weeks from the signature date of
this notice. All Q&V questionnaire
responses must be filed electronically
via ACCESS. An electronically filed
document must be received
successfully, in its entirety, by ACCESS
no later than 5:00 p.m. ET on the
deadline noted above.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
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
GOC and GOI 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 were filed, whether there
is a reasonable indication that imports
of hexamine from China and/or India
are materially injuring, or threatening
material injury to, a U.S. industry.32 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.33 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)
32 See
section 703(a)(1) of the Act.
33 Id.
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87563
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 34 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.35 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.36 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.37
34 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
36 See 19 CFR 351.302.
37 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.
35 See
E:\FR\FM\04NON1.SGM
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87564
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.38
Parties must use the certification
formats provided in 19 CFR
351.303(g).39 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 APO
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).40
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: October 21, 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 scope of the investigations covers
hexamine in granular form, with a particle
size of 5 millimeters or less, whether
stabilized or unstabilized, whether or not
blended, mixed, pulverized, or grounded
with other products, containing 50 percent or
more hexamine by weight.
Hexamine is the common name for
hexamethylene tetramine (Chemical Abstract
Service #100–97–0), and is also referred to as
1,3,5,7-tetraazaadamantanemethenamine;
HMT; HMTA; 1,3,5,7-tetraazatricyclo
{3.3.1.13,7} decane; 1,3,5,7-tetraaza
adamantane; hexamethylenamine. Hexamine
has the chemical formula C6H12N4.
Granular hexamine that has been blended
with other product(s) is included in this
scope when the resulting mix contains 50
percent or more of hexamine by weight,
regardless of whether it is blended with inert
additives, co-reactants, or any additives that
undergo self-condensation.
38 See
section 782(b) of the Act.
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.
40 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
lotter on DSK11XQN23PROD with NOTICES1
39 See
VerDate Sep<11>2014
17:28 Nov 01, 2024
Jkt 265001
Subject merchandise includes merchandise
matching the above description that has been
processed in a third country, including by
commingling, diluting, adding or removing
additives, or performing any other processing
that would not otherwise remove the
merchandise from the scope of the
investigations if performed in the subject
country.
Merchandise covered by the scope of the
investigations can be classified in the
Harmonized Tariff Schedule (HTSUS) of the
United States under the subheading
2933.69.5000. The HTSUS subheading and
Chemical Abstracts Service registry number
are provided for convenience and customs
purposes only; however, the written
description of the scope is dispositive.
[FR Doc. 2024–25524 Filed 11–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Artificial Intelligence Advisory
Committee
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Institute of
Standards and Technology (NIST)
announces that the National Artificial
Intelligence Advisory Committee
(NAIAC or Committee) will hold a
virtual briefing session. This session
will be held via web conference on
Thursday, November 21, 2024, from 2
p.m.–4:30 p.m. eastern time. The
primary purpose of this informational
briefing is to have invited guests brief
the full Committee on topics of interest
related to AI in Hardware and AI and
Energy. The briefings are from outside
subject matter experts to the full
Committee. The final agenda will be
posted on the NIST website at https://
www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac.
DATES: The NAIAC will meet on
Thursday, November 21, 2024 from 2
p.m.–4:30 p.m. eastern time.
ADDRESSES: The meeting will be held
via webinar. Please note participation
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Cheryl L. Gendron, Designated Federal
Officer, Information Technology
Laboratory, National Institute of
Standards and Technology, Telephone:
(301) 975–2785, Email address:
cheryl.gendron@nist.gov. Please direct
any inquiries to the committee at
naiac@nist.gov.
SUMMARY:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. 1001 et seq.,
notice is hereby given that the NAIAC
will meet virtually as set forth in the
DATES section of this notice. The
meetings will be open to the public.
The NAIAC is authorized by section
5104 of the National Artificial
Intelligence Initiative Act of 2020 (Pub.
L. 116–283), in accordance with the
provisions of the Federal Advisory
Committee Act, as amended (FACA), 5
U.S.C. 1001 et seq. The Committee
advises the President and the National
Artificial Intelligence Initiative Office
on matters related to the National
Artificial Intelligence Initiative.
Additional information on the NAIAC is
available at ai.gov/naiac/.
The primary purpose of this meeting
is to have invited guests brief the full
Committee on topics of interest related
to AI in Hardware and AI and Energy.
The briefings, organized by the NAIAC’s
AI Futures-Preparedness, Opportunities,
and Competitiveness Working Group,
and follow-up discussion will address
the following: As advancements in AI
hardware fuel unprecedented growth in
applications, they also raise critical
questions about energy use and
sustainability. These two briefings will
delve into the trajectory of AI hardware
development for both pre-training and
inference, examining the driving forces
behind these innovations and the
evolving energy supply and demand
landscape in response to the burgeoning
AI sector. Through these briefings, we
aim to identify valid sustainability
concerns and explore policy
recommendations that can foster AI
innovation while promoting a more
sustainable energy future. Additional
information, including the speaker
names, will be available on the agenda,
which will be posted online. Members
of the public interested in reviewing the
agenda in advance and viewing the
sessions are encouraged to visit https://
www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac
for session details and to register to
watch virtually. The agenda items may
change to accommodate NAIAC
business. The final agenda will be
posted on the NIST website at https://
www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac.
Comments: Individuals and
representatives of organizations who
would like to offer comments and
suggestions related to items on the
Committee’s agenda for this meeting are
invited to submit comments in advance
of the event. Please note that all
comments submitted via email will be
treated as public documents and will be
SUPPLEMENTARY INFORMATION:
E:\FR\FM\04NON1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87560-87564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25524]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-181, C-533-933]
Hexamethylenetetramine From the People's Republic of China and
India: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT: Eliza Delong at 202-482-3878 (the
People's Republic of China (China)), and Nicholas Czajkowski at 202-
482-1395 (India), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 30, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
hexamethylenetetramine (hexamine) from China and India filed in proper
form on behalf of Bakelite LLC (the petitioner).\1\ The CVD Petitions
were accompanied by antidumping duty (AD) petitions concerning imports
of hexamine from China, Germany, India, and Saudi Arabia.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated September 30, 2024
(Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between October 2 and 11, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ Between
October 7 and 18, 2024, the petitioner filed timely responses to these
requests for additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
October 2, 2024 (First General Issues Questionnaire), see also
Country-Specific CVD Supplemental Questionnaires: China Supplemental
and India Supplemental, dated October 2, 2024; Commerce's Letter,
``Second Supplemental Questions,'' dated October 11, 2024 (Second
General Issues Questionnaire); and Memorandum, ``Phone Call,'' dated
October 15, 2024 (October 15, 2024, Memorandum).
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions,'' dated October 7, 2024 (First General Issues
Supplement); see also Country-Specific CVD Supplemental Responses:
China CVD Supplement and India CVD Supplement, dated October 7 and
8, 2024; Petitioner's Letter, ``Petitioner's Response to Second
Supplemental Questions,'' dated October 17, 2024 (Second General
Issues Supplement), and Petitioner's Letter, ``Erratum to Response
to Supplemental Questions,'' dated October 18, 2024 (Second General
Issues Errata).
---------------------------------------------------------------------------
[[Page 87561]]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC), and the Government of India (GOI) (collectively, Governments)
are providing countervailable subsidies, within the meaning of sections
701 and 771(5) of the Act, to producers of hexamine from China and
India, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing hexamine 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 September 30, 2024, the periods
of investigation for the China and India CVD investigations 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 hexamine from
China and India. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On October 2 and 11, 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\ During October 7 through 18, 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 clarifications.
---------------------------------------------------------------------------
\7\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire; and October 15, 2024, Memorandum.
\8\ See First General Issues Supplement at 3-5; see also Second
General Issues Supplement at 1-3 and Second General Issues Errata.
---------------------------------------------------------------------------
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 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 November
12, 2024, which is the next business day after 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 November
22, 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). The deadline for scope comments
falls on November 10, 2024, which is a Sunday. Monday, November 11,
2024 is a federal holiday. In accordance with 19 CFR 351.303(b)(1),
Commerce will accept comments filed by 5:00 p.m. ET on November 12,
2024 (``For both electronically filed and manually filed documents,
if the applicable due date falls on a non-business day, the
Secretary will accept documents that are filed on the next business
day.'').
---------------------------------------------------------------------------
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 GOI on October 10, 2024,\14\ and
the GOC on October 16, 2024.\15\
---------------------------------------------------------------------------
\13\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated September 5, 2024,
and September 6, 2024.
\14\ See Memorandum, ``Consultations with the Government of
India,'' dated October 10, 2024 (GOI Consultations Memorandum).
\15\ See Memorandum, ``Consultations with the Government of
China,'' dated October 16, 2024 (GOC Consultations Memorandum).
---------------------------------------------------------------------------
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
[[Page 87562]]
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,\16\ 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.\17\
---------------------------------------------------------------------------
\16\ See section 771(10) of the Act.
\17\ 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 Algoma Steel Corp., Ltd. v. United
States, 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.\18\ Based on our analysis of the information
submitted on the record, we have determined that hexamine, as defined
in the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\19\
---------------------------------------------------------------------------
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Hexamethylenetetramine from the People's Republic of
China, Germany, India, and Saudi Arabia,'' 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
Hexamethylenetetramine from the People's Republic of China, Germany,
India, and Saudi Arabia (Attachment II). These checklists are on
file electronically via ACCESS.
\19\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
---------------------------------------------------------------------------
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.\20\ The petitioner
stated that there are no other known producers of hexamine in the
United States; therefore, the Petitions are supported by 100 percent of
the U.S. industry.\21\ We relied on data provided by the petitioner for
purposes of measuring industry support.\22\
---------------------------------------------------------------------------
\20\ Id.
\21\ Id.
\22\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\23\ 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 in order to evaluate industry support
(e.g., polling).\24\ 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.\25\ 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.\26\ 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.\27\
---------------------------------------------------------------------------
\23\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
\24\ Id.; see also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\26\ Id.
\27\ Id.
---------------------------------------------------------------------------
Injury Test
Because China and India 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 China and/or
India 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 China and India individually exceed
the negligibility threshold provided for under section 771(24)(A) of
the Act.\28\
---------------------------------------------------------------------------
\28\ For further information regarding negligibility and the
injury allegation, 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 Hexamethylenetetramine from the People's Republic
of China, Germany, India, and Saudi Arabia (Attachment III).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by the significant volume and market share of subject
imports; underselling and price depression and/or suppression; lost
sales and revenues; and adverse impact on the domestic industry's
production, capacity utilization, U.S. shipments, employment variables,
capital expenditures, and sales and profitability.\29\ 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.\30\
---------------------------------------------------------------------------
\29\ Id.
\30\ 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 hexamine from China and India benefit from
countervailable subsidies conferred by the GOC and GOI, 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.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 27 of the 28
programs alleged by the petitioner. For a full discussion of the basis
for our decision
[[Page 87563]]
to initiate on each program, see the China CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 18 of the 18
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.
Respondent Selection
In the Petitions, the petitioner identified 10 companies in China
and four companies in India as producers and/or exporters of
hexamine.\31\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations. In the event that Commerce determines that the number
of companies is large and it cannot individually examine each company
based on Commerce's resources, Commerce normally selects mandatory
respondents in CVD investigations using U.S. Customs and Border
Protection (CBP) entry data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s)
listed in the ``Scope of the Investigations'' in the appendix. However,
for these investigations, the main HTSUS subheading under which the
subject merchandise would enter (2933.69.5000) is not limited to
subject merchandise and therefore may also cover non-subject
merchandise. Therefore, we cannot rely on CBP entry data in selecting
respondents. Accordingly, for China and India, Commerce will send Q&V
questionnaires to each producer and/or exporter for which there is
complete address information on the record.
---------------------------------------------------------------------------
\31\ See Petitions at Volume I (pages 10-11 and Exhibits I-8);
see also First General Issues Supplement at 1-2 and Exhibit I-S1.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of hexamine from China and
India that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese and Indian
producers/exporters no later than 5:00 p.m. ET on November 4, 2024,
which is two weeks from the signature date of this notice. All Q&V
questionnaire responses must be filed electronically via ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
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 GOC and GOI 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 were filed, whether there is a reasonable
indication that imports of hexamine from China and/or India are
materially injuring, or threatening material injury to, a U.S.
industry.\32\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\33\
Otherwise, these CVD investigations will proceed according to statutory
and regulatory time limits.
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\32\ See section 703(a)(1) of the Act.
\33\ Id.
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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 \34\ 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.\35\ 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.
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\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
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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.\36\ 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.\37\
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\36\ See 19 CFR 351.302.
\37\ 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.
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[[Page 87564]]
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\38\ See section 782(b) of the Act.
\39\ 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.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO 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).\40\
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\40\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: October 21, 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 scope of the investigations covers hexamine in granular
form, with a particle size of 5 millimeters or less, whether
stabilized or unstabilized, whether or not blended, mixed,
pulverized, or grounded with other products, containing 50 percent
or more hexamine by weight.
Hexamine is the common name for hexamethylene tetramine
(Chemical Abstract Service #100-97-0), and is also referred to as
1,3,5,7-tetraazaadamantanemethenamine; HMT; HMTA; 1,3,5,7-
tetraazatricyclo {3.3.1.13,7{time} decane; 1,3,5,7-tetraaza
adamantane; hexamethylenamine. Hexamine has the chemical formula
C6H12N4.
Granular hexamine that has been blended with other product(s) is
included in this scope when the resulting mix contains 50 percent or
more of hexamine by weight, regardless of whether it is blended with
inert additives, co-reactants, or any additives that undergo self-
condensation.
Subject merchandise includes merchandise matching the above
description that has been processed in a third country, including by
commingling, diluting, adding or removing additives, or performing
any other processing that would not otherwise remove the merchandise
from the scope of the investigations if performed in the subject
country.
Merchandise covered by the scope of the investigations can be
classified in the Harmonized Tariff Schedule (HTSUS) of the United
States under the subheading 2933.69.5000. The HTSUS subheading and
Chemical Abstracts Service registry number are provided for
convenience and customs purposes only; however, the written
description of the scope is dispositive.
[FR Doc. 2024-25524 Filed 11-1-24; 8:45 am]
BILLING CODE 3510-DS-P
