Melamine From Qatar: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 97593-97596 [2024-28797]

Download as PDF 97593 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices Changes Since the Preliminary Determination For a discussion of these changes, see the Issues and Decision Memorandum. We made certain changes to the margin calculation for QMC/Muntajat, since the Preliminary Determination.5 Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the period, January 1, 2023, through December 31, 2023: Weighted-average 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.). Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters pursuant to sections 735(c)(1)(B) and (c)(5) of the Act, because it has not made a final affirmative determination of sales at LTFV. Disclosure Commerce intends to disclose the calculations performed in connection with this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the publication of the notice in the Federal Register, in accordance with 19 CFR 351.224(b). Suspension of Liquidation In the Preliminary Determination, the estimated weighted-average dumping margin for QMC/Muntajat was de minimis and, therefore, we did not suspend liquidation of entries of melamine from Qatar. Because Commerce has made a final negative determination of sales at LTFV with regard to the subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation or to require cash deposit of estimated antidumping duties for entries of melamine from Qatar. ddrumheller on DSK120RN23PROD with NOTICES1 U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. international Trade Commission of its final negative determination of sales at LTFV. As our final determination is negative, this proceeding is terminated in accordance with section 735(c)(2) of the Act. Administrative Protective Order This notice serves as a final reminder to parties subject to an administrative protective order (APO) of their 5 See Memorandum, ‘‘Analysis for the Final Determination for Qatar Melamine Company and VerDate Sep<11>2014 16:08 Dec 06, 2024 Jkt 265001 responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: December 2, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I 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. Qatar Chemical and Petrochemical Marketing and Frm 00012 Fmt 4703 Sfmt 4703 Not Applicable. 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 Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Cost-Based Particular Market Situation (PMS) Comment 2: Comparison Methodology Comment 3: Critical Circumstances Comment 4: Third Country Comparison Market Comment 5: Collapsing Comment 6: Major Input/Transaction Disregarded Rule V. Recommendation [FR Doc. 2024–28796 Filed 12–6–24; 8:45 am] Scope of the Investigation PO 00000 0.00 Cash deposit rate (adjusted for subsidy offset(s)) (percent) BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–518–002] Melamine From Qatar: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of melamine from Qatar. The period of investigation (POI) is January 1, 2023, through December 31, 2023. DATES: Applicable December 9, 2024. AGENCY: Distribution Company Q.P.J.S.C.,’’ dated concurrently with this notice. E:\FR\FM\09DEN1.SGM 09DEN1 97594 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices FOR FURTHER INFORMATION CONTACT: Scope of the Investigation Samantha Kinney and Sofia Pedrelli, 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) 482–2285 and (202)-482–4310, respectively. SUPPLEMENTARY INFORMATION: The product covered by this investigation is melamine from Qatar. For a complete description of the scope of the investigation, see Appendix I. Background ddrumheller on DSK120RN23PROD with NOTICES1 On July 22, 2024, Commerce published in the Federal Register its preliminary determination in the countervailing duty (CVD) investigation of melamine from Qatar and invited interested parties to comment.1 In the Preliminary Determination, and in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final CVD determination with the final antidumping duty determination of melamine from Qater.2 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.3 The deadline for the final determination is now December 2, 2024. On September 12, 2024, Commerce released its PostPreliminary Decision.4 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.5 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 1 See Melamine from Qatar: Preliminary Affirmative Countervailable Duty Determination, Preliminary Negative Determination of Critical Circumstances, and Alignment of Final Determination With the Final Antidumping Duty Determination, 89 FR 59045 (July 22, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Determination, 89 FR 59046. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 4 See Memorandum, ‘‘Post Preliminary Analysis Memorandum for the Countervailing Duty Investigation of Melamine from Qatar,’’ dated September 12, 2024 (Post-Preliminary Analysis Memorandum). 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Melamine from Qatar,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 16:08 Dec 06, 2024 Jkt 265001 Scope Comments We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation. Verification As provided in section 782(i) of the Act, in September 2024, Commerce verified all information reported by Qatar Melamine Company (QMC), Qatar Chemical and Petrochemical Marketing and Distribution Company (Muntajat) Q.P.J.S.C (Muntajat), and its crossowned affiliates, QAFCO, Industries Qatar, and QatarEnergy (collectively, QMC/Muntajat),6 and the Government of Qatar (GOQ). We used standard verification procedures, including an examination of relevant account records and original source documents provided by QMC/Muntajat.7 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by interested parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 Commerce notes that, in making these findings, it relied, in part, on facts available and, because 6 Commerce continues to determine that QMC is cross owned with Muntajat, Qatar Fertiliser Company (P.S.C.) (QAFCO), Industries Qatar Q.P.S.C. (Industries Qatar) and QatarEnergy. See Preliminary Determination PDM at 7–9; see also Post-Preliminary Analysis Memorandum at 3. 7 See Memoranda, ‘‘Verification of the Questionnaire Responses of Qatar Melamine Company and Muntajat,’’ dated October 30, 2024; and ‘‘Verification of the Questionnaire Responses of the Government of Qatar,’’ dated October 30, 2024. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 it finds that QMC/Muntajat did not act to the best of its ability to respond to Commerce’s requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available.9 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum. For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Final Negative Determination of Critical Circumstances Commerce determines that critical circumstances do not exist within the meaning of 703(e)(1) of the Act. For further information, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination and Post-Preliminary Analysis Based on our review and analysis of the information received during verification and comments received from interested parties, for this final determination, we made certain changes to the countervailable subsidy rate calculations for QMC/Muntajat, and for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual estimated countervailable subsidy rate for the mandatory respondent, QMC/Muntajat. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weightedaverage countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. In this investigation, we continue to calculate an individual total net countervailable subsidy rate for QMC/ Muntajat that is not zero, de minimis, or based entirely on facts otherwise available. Because QMC/Muntajat’s individual total net countervailable subsidy rate is the only rate calculated in this investigation, the all-others rate is the individual estimated subsidy rate calculated for the examined respondent (QMC/Muntajat), in accordance with section 705(c)(5)(A)(i) of the Act. 9 See E:\FR\FM\09DEN1.SGM sections 776(a) and (b) of the Act. 09DEN1 97595 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023: Subsidy rate (percent ad valorem) Company Qatar Melamine Company; Qatar Chemical and Petrochemical Marketing and Distribution Company (Muntajat) Q.P.J.S.C.; Qatar Fertiliser Company (P.S.C.); Industries Qatar Q.P.S.C.; QatarEnergy ................................................................................. All Others ............................................................................................................................................................................................. Disclosure ITC Notification Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of melamine from Qatar. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days of our final determination, whether the domestic industry in the United States is materially injured, or threated with material injury, by reason of imports of melamine from Qatar. In addition, we are making available to the ITC all non-privileged and nonproprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. ddrumheller on DSK120RN23PROD with NOTICES1 Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after July 22, 2024, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after November 19, 2024, but to continue the suspension of liquidation of all entries of subject merchandise on or before November 18, 2024. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. Pursuant to section 705(c)(2) of the Act, if the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or cancelled. VerDate Sep<11>2014 16:08 Dec 06, 2024 Jkt 265001 Administrative Protective Order This notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 41.91 41.91 APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: December 2, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise subject to this investigation is melamine (Chemical Abstracts Service (CAS) registry number 108– 78–01, molecular formula C3 H6 N6). Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6- triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names. Melamine is a crystalline powder or granule. All melamine is covered by the scope of this investigation irrespective of purity, particle size, or physical form. Melamine that has been blended with other products is included within this scope when such blends include constituent parts that have been intermingled, but that have not been chemically reacted with each other to produce a different product. For such blends, only the melamine component of the mixture is covered by the scope of this investigation. Melamine that is otherwise subject to this investigation is not excluded when commingled with melamine from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. 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 Issues and Decision Memorandum I. Summary II. Background III. Critical Circumstances IV. Use of Facts Available V. Subsidies Valuation E:\FR\FM\09DEN1.SGM 09DEN1 97596 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices VI. Changes Since the Preliminary Determination VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Should Countervail the Provision of Natural Gas for Less Than Adequate Remuneration (LTAR) Comment 2: Whether Commerce Should Revise its Preliminary Analysis of Income Tax Exemptions Comment 3: Whether Commerce Should Revise its Preliminary Analysis of the Provision of Management, Usage, and Usufruct Rights over Industrial Areas Comment 4: Whether Commerce Should Revise its Preliminary Analysis Regarding the Provision of Electricity and Water for LTAR IX. Recommendation [FR Doc. 2024–28797 Filed 12–6–24; 8:45 am] BILLING CODE 3510–DS–P Scope of the Order The products covered by the Order are OCTG from Argentina. For a complete description of the scope of this Order, see the Preliminary Decision Memorandum. DEPARTMENT OF COMMERCE International Trade Administration [A–357–824] Oil Country Tubular Goods From Argentina: Preliminary Results of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that Siderca S.A.I.C. (Siderca) made sales of subject merchandise at less than normal value (NV) during the period of review (POR) May 11, 2022, through October 31, 2023. We invite interested parties to comment on these preliminary results. DATES: Applicable December 9, 2024. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0665. SUPPLEMENTARY INFORMATION: AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 Background On November 21, 2022, Commerce published in the Federal Register the antidumping duty order on oil country tubular goods (OCTG) from Argentina.1 On November 2, 2023, we published in the Federal Register a notice of 1 See Oil Country Tubular Goods from Argentina, Mexico, and the Russian Federation: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determination for the Russian Federation, 87 FR 70785 (November 21, 2022) (Order). VerDate Sep<11>2014 16:08 Dec 06, 2024 Jkt 265001 opportunity to request an administrative review of the Order for the POR.2 On December 29, 2023, based on timely requests for an administrative review, Commerce initiated an administrative review of the Order.3 On January 25, 2024, Commerce identified Siderca as the sole mandatory respondent in this administrative review.4 On July 9, 2024, Commerce extended the time limit for these preliminary results to November 29, 2024.5 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.6 The deadline for the preliminary results is now December 6, 2024. For a complete description of the events that occurred since the initiation of this review, see the Preliminary Decision Memorandum.7 Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). We calculated constructed export price and NV in accordance with sections 772 and 773 of the Act, respectively. For a complete description of the methodology in these preliminary results, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public 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 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 88 FR 75270 (November 2, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168 (December 29, 2023). 4 See Memorandum, ‘‘Company to be Individually Examined,’’ dated January 25, 2024. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated July 9, 2024. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Oil Country Tubular Goods from Argentina; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Preliminary Results of Review We preliminarily determine that the following estimated weighted-average dumping margin exists for the period May 11, 2022, through October 31, 2023: Producer or exporter Weightedaverage dumping margin (percent) Siderca S.A.I.C ........................... 6.8 Disclosure We intend to disclose the calculations and analysis performed for these preliminary results 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.8 Public Comment Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. 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.9 Interested parties who submit case or rebuttal briefs in this administrative review must submit: (1) a table of contents listing each issue; and (2) a table of authorities.10 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 administrative review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.11 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the 8 See 19 CFR 351.224(b). 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). 10 See 19 CFR 351.309(c)(2) and (d)(2). 11 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 9 See E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97593-97596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28797]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-518-002]


Melamine From Qatar: Final Affirmative Countervailing Duty 
Determination and Final Negative Critical Circumstances Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of melamine from Qatar. The period of investigation (POI) is January 1, 
2023, through December 31, 2023.

DATES: Applicable December 9, 2024.

[[Page 97594]]


FOR FURTHER INFORMATION CONTACT: Samantha Kinney and Sofia Pedrelli, 
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) 482-2285 and (202)-
482-4310, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2024, Commerce published in the Federal Register its 
preliminary determination in the countervailing duty (CVD) 
investigation of melamine from Qatar and invited interested parties to 
comment.\1\ In the Preliminary Determination, and in accordance with 
section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.210(b)(4), Commerce aligned the final CVD determination with 
the final antidumping duty determination of melamine from Qater.\2\ On 
July 22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\3\ The deadline for the final determination 
is now December 2, 2024. On September 12, 2024, Commerce released its 
Post-Preliminary Decision.\4\
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    \1\ See Melamine from Qatar: Preliminary Affirmative 
Countervailable Duty Determination, Preliminary Negative 
Determination of Critical Circumstances, and Alignment of Final 
Determination With the Final Antidumping Duty Determination, 89 FR 
59045 (July 22, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Preliminary Determination, 89 FR 59046.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \4\ See Memorandum, ``Post Preliminary Analysis Memorandum for 
the Countervailing Duty Investigation of Melamine from Qatar,'' 
dated September 12, 2024 (Post-Preliminary Analysis Memorandum).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\5\ 
The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
Investigation of Melamine from Qatar,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination. 
Therefore, we made no changes to the scope of the investigation.

Verification

    As provided in section 782(i) of the Act, in September 2024, 
Commerce verified all information reported by Qatar Melamine Company 
(QMC), Qatar Chemical and Petrochemical Marketing and Distribution 
Company (Muntajat) Q.P.J.S.C (Muntajat), and its cross-owned 
affiliates, QAFCO, Industries Qatar, and QatarEnergy (collectively, 
QMC/Muntajat),\6\ and the Government of Qatar (GOQ). We used standard 
verification procedures, including an examination of relevant account 
records and original source documents provided by QMC/Muntajat.\7\
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    \6\ Commerce continues to determine that QMC is cross owned with 
Muntajat, Qatar Fertiliser Company (P.S.C.) (QAFCO), Industries 
Qatar Q.P.S.C. (Industries Qatar) and QatarEnergy. See Preliminary 
Determination PDM at 7-9; see also Post-Preliminary Analysis 
Memorandum at 3.
    \7\ See Memoranda, ``Verification of the Questionnaire Responses 
of Qatar Melamine Company and Muntajat,'' dated October 30, 2024; 
and ``Verification of the Questionnaire Responses of the Government 
of Qatar,'' dated October 30, 2024.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs by interested parties in this 
investigation, are discussed in the Issues and Decision Memorandum. For 
a list of the issues raised by parties, and to which we responded in 
the Issues and Decision Memorandum, see Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found to be 
countervailable, Commerce determines that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\8\ Commerce notes 
that, in making these findings, it relied, in part, on facts available 
and, because it finds that QMC/Muntajat did not act to the best of its 
ability to respond to Commerce's requests for information, Commerce 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\9\ For further information, see the ``Use of 
Facts Otherwise Available and Adverse Inferences'' section in the 
Preliminary Decision Memorandum. For a full description of the 
methodology underlying our final determination, see the Issues and 
Decision Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \9\ See sections 776(a) and (b) of the Act.
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Final Negative Determination of Critical Circumstances

    Commerce determines that critical circumstances do not exist within 
the meaning of 703(e)(1) of the Act. For further information, see the 
Issues and Decision Memorandum.

Changes Since the Preliminary Determination and Post-Preliminary 
Analysis

    Based on our review and analysis of the information received during 
verification and comments received from interested parties, for this 
final determination, we made certain changes to the countervailable 
subsidy rate calculations for QMC/Muntajat, and for all other 
producers/exporters. For a discussion of these changes, see the Issues 
and Decision Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual estimated countervailable subsidy rate for the 
mandatory respondent, QMC/Muntajat. Section 705(c)(5)(A)(i) of the Act 
states that, for companies not individually investigated, Commerce will 
determine an all-others rate equal to the weighted-average 
countervailable subsidy rates established for exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act.
    In this investigation, we continue to calculate an individual total 
net countervailable subsidy rate for QMC/Muntajat that is not zero, de 
minimis, or based entirely on facts otherwise available. Because QMC/
Muntajat's individual total net countervailable subsidy rate is the 
only rate calculated in this investigation, the all-others rate is the 
individual estimated subsidy rate calculated for the examined 
respondent (QMC/Muntajat), in accordance with section 705(c)(5)(A)(i) 
of the Act.

[[Page 97595]]

Final Determination

    Commerce determines that the following estimated net 
countervailable subsidy rates exist for the period January 1, 2023, 
through December 31, 2023:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Qatar Melamine Company; Qatar Chemical and Petrochemical           41.91
 Marketing and Distribution Company (Muntajat)
 Q.P.J.S.C.; Qatar Fertiliser Company (P.S.C.);
 Industries Qatar Q.P.S.C.; QatarEnergy.................
All Others..............................................           41.91
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations performed to 
interested parties in this final determination within five days of its 
public announcement or, if there is no public announcement, within five 
days of the date of the publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to collect cash deposits and 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after July 22, 2024, the date of 
publication of the Preliminary Determination in the Federal Register. 
In accordance with section 703(d) of the Act, we instructed CBP to 
discontinue the suspension of liquidation of all entries of subject 
merchandise entered or withdrawn from warehouse, on or after November 
19, 2024, but to continue the suspension of liquidation of all entries 
of subject merchandise on or before November 18, 2024.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for entries of subject merchandise in the amounts indicated above. 
Pursuant to section 705(c)(2) of the Act, if the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated, and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or cancelled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of melamine 
from Qatar. As Commerce's final determination is affirmative, in 
accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days of our final determination, whether the domestic 
industry in the United States is materially injured, or threated with 
material injury, by reason of imports of melamine from Qatar. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information in our files, provided the ITC confirms 
that it will not disclose such information, either publicly or under 
administrative protective order (APO), without the written consent of 
the Assistant Secretary for Enforcement and Compliance.
    If the ITC determines that material injury or threat of material 
injury does not exist, this proceeding will be terminated and all cash 
deposits will be refunded. If the ITC determines that such injury does 
exist, Commerce will issue a countervailing duty order directing CBP to 
assess, upon further instruction by Commerce, countervailing duties on 
all imports of the subject merchandise that are entered, or withdrawn, 
for consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
the APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO, in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: December 2, 2024.
Abdelali Elouaradia,
Deputy 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Critical Circumstances
IV. Use of Facts Available
V. Subsidies Valuation

[[Page 97596]]

VI. Changes Since the Preliminary Determination
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Countervail the Provision of 
Natural Gas for Less Than Adequate Remuneration (LTAR)
    Comment 2: Whether Commerce Should Revise its Preliminary 
Analysis of Income Tax Exemptions
    Comment 3: Whether Commerce Should Revise its Preliminary 
Analysis of the Provision of Management, Usage, and Usufruct Rights 
over Industrial Areas
    Comment 4: Whether Commerce Should Revise its Preliminary 
Analysis Regarding the Provision of Electricity and Water for LTAR
IX. Recommendation

[FR Doc. 2024-28797 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P

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