Melamine From Trinidad and Tobago: Final Affirmative Determination in the Countervailing Duty Investigation, 97599-97601 [2024-28798]
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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
rate will be equal to the companyspecific estimated weighted-average
dumping margin established for that
producer of the subject merchandise;
and (3) the cash deposit rate for all other
producers and exporters will be equal to
the all-others estimated weightedaverage dumping margin. These
suspension of liquidation instructions
will remain in effect until further notice.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of melamine from Trinidad
and Tobago no later than 45 days after
this final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposits will be
refunded, and suspension of liquidation
will be lifted. If the ITC determines that
material injury, or the threat of material
injury, exists, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise,
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Suspension of
Liquidation’’ section.
ddrumheller on DSK120RN23PROD with NOTICES1
Administrative Protective Order (APO)
This notice serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
VerDate Sep<11>2014
16:08 Dec 06, 2024
Jkt 265001
Dated: December 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
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-triaminostriazine; 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.
[FR Doc. 2024–28799 Filed 12–6–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–274–811]
Melamine From Trinidad and Tobago:
Final Affirmative Determination in the
Countervailing Duty Investigation
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 Trinidad & Tobago. The
period of investigation is January 1,
2023, through December 31, 2023.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Megan Goins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0884.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
97599
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1 Also on
July 22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 The
deadline for the final determination is
now December 2, 2024.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.3 The Issues and 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 complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is melamine from Trinidad
and Tobago. For a complete description
of the scope of this 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.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case brief that was submitted by a
party in this investigation, are discussed
in the Issues and Decision
1 See Melamine from Trinidad and Tobago:
Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 89 FR 59057 (July 22 2024)
(Preliminary Determination), and accompanying
Preliminary Determination Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation of Melamine from Trinidad and
Tobago,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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97600
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
Memorandum. For a list of the issues
raised by that interested party and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice.
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (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.4 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied on facts otherwise
available, including with an adverse
inference (AFA), pursuant to sections
776(a) and (b) of the Act. For a full
discussion of our application of AFA,
see the Preliminary Determination,5 and
the Issues and Decision Memorandum
section entitled ‘‘Use of Facts Otherwise
Available and Application of Adverse
Inferences.’’
Verification
Because the examined respondent in
this investigation did not provide
information requested by Commerce
and Commerce preliminarily
determined the examined respondent to
have been uncooperative, Commerce
did not conduct verification.6
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
selection of the all-others rate on the
countervailable subsidy rate established
for the mandatory respondent, in
accordance with section 703(d) of the
Act.7 Consistent with section
705(c)(5)(A)(ii) of the Act, we made no
changes to the selection of the all-others
rate for this final determination.
ddrumheller on DSK120RN23PROD with NOTICES1
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist:
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
5 See Preliminary Determination PDM at 5–9.
6 See Preliminary Determination, 89 FR 59058.
7 Id.
16:08 Dec 06, 2024
Jkt 265001
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative determination that
countervailable subsidies are being
Methanol Holdings (Trinidad) Ltd
* 7.43 provided to producers and exporters of
All Others ....................................
7.43 melamine from Trinidad and Tobago.
Because the final determination is
* Rate based on AFA.
affirmative, in accordance with section
Disclosure
705(b) of the Act, the ITC will make its
final determination as to whether the
Commerce normally discloses to
domestic industry in the United States
interested parties the calculations and
is materially injured, or threatened with
analysis performed in a final
material injury, by reason of imports of
determination within five days of its
melamine from Trinidad and Tobago no
public announcement, or if there is no
later than 45 days after our final
public announcement, within five days
determination. In addition, we are
of the date of publication of this notice
making available to the ITC all nonin accordance with 19 CFR 351.224(b).
privileged and nonproprietary
However, because Commerce applied
information related to this investigation.
total AFA to the respondent in this
We will allow the ITC access to all
investigation, in accordance with
privileged and business proprietary
section 776 of the Act, and the applied
information in our files, provided the
ITC confirms that it will not disclose
AFA rates are based on rates calculated
such information, either publicly or
in prior proceedings, there are no
under an administrative protective order
calculations to disclose.
(APO), without the written consent of
Suspension of Liquidation
the Assistant Secretary for Enforcement
and Compliance.
As a result of our Preliminary
If the ITC determines that material
Determination, and pursuant to sections
injury or threat of material injury does
703(d)(1)(B) and (d)(2) of the Act, we
not exist, this proceeding will be
instructed U.S. Customs and Border
terminated and all cash deposits will be
Protection (CBP) to collect cash deposits
refunded. If the ITC determines that
and suspend liquidation of entries of
such injury does exist, Commerce will
subject merchandise from Trinidad and
issue a countervailing duty order
Tobago that were entered, or withdrawn directing CBP to assess, upon further
from warehouse, for consumption, on or instruction by Commerce,
after July 22, 2024, the date of the
countervailing duties on all imports of
publication of the Preliminary
the subject merchandise that are
Determination in the Federal Register.
entered, or withdrawn from warehouse,
In accordance with section 703(d) of the for consumption on or after the effective
Act, we also instructed CBP to
date of the suspension of liquidation, as
discontinue the suspension of
discussed above in the ‘‘Continuation of
liquidation of all entries of subject
Suspension of Liquidation’’ section.
merchandise entered or withdrawn from
Administrative Protective Order
warehouse on, or after November 19,
In the event that the ITC issues a final
2024, but to continue the suspension of
negative injury determination, this
liquidation of all entries of subject
merchandise between July 22, 2024, and notice will serve as the only reminder
to parties subject to an APO of their
November 18, 2024.
responsibility concerning the
If the U.S. International Trade
destruction of proprietary information
Commission (ITC) issues a final
disclosed under APO, in accordance
affirmative injury determination, we
with 19 CFR 351.305(a)(3). Timely
will issue a countervailing duty order,
written notification of the return/
reinstate the suspension of liquidation
destruction of APO materials or
under section 706(a) of the Act, and
conversion to judicial protective order is
require a cash deposit of estimated
hereby requested. Failure to comply
countervailing duties for entries of
with the regulations and terms of an
subject merchandise in the amounts
APO is a violation which is subject to
indicated above. If the ITC determines
sanction.
that material injury, or threat of material
Notification to Interested Parties
injury, does not exist, this proceeding
will be terminated, and all estimated
We are issuing and publishing the
duties deposited or securities posted as
final determination in accordance with
a result of the suspension of liquidation sections 705(d) and 777(i) of the Act,
will be refunded or canceled.
and 19 CFR 351.210(c).
Company
Methodology
VerDate Sep<11>2014
Subsidy
rate
(percent
ad
valorem)
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Fmt 4703
Sfmt 4703
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09DEN1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
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- triaminos-triazine; 1,3,5-Triazine-2,4,6- triamine;
Cyanurotriamide; Cyanurotriamine;
Cyanuramide; and by various brand names.
Melamine is a crystalline powder or granule.
A ll 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. Use of Facts Otherwise Available and
Adverse Inferences
IV. Analysis of Programs
V. Discussion of the Issue
Comment: Whether Commerce Should
Depart From the Adverse Facts Available
(AFA) Hierarchy To Determine the AFA
Rates
VI. Recommendation
[FR Doc. 2024–28798 Filed 12–6–24; 8:45 am]
International Trade Administration
[A–588–882]
Melamine From Japan: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, In Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
melamine from Japan is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is January 1, 2023,
through December 31, 2023.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT:
George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1167.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 24, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of melamine from Japan
and invited interested parties to
comment.1 No interested party
submitted comments. Accordingly, the
final determination remains unchanged
from the Preliminary Determination and
no decision memoranda accompany this
notice. The Preliminary Determination
is hereby adopted in this final
determination. Commerce conducted
this LTFV investigation in accordance
with section 735 of the Tariff Act of
1930, as amended (the Act).
Scope of the Investigation
The product covered by this
investigation is melamine from Japan.
For a complete description of the scope
of this investigation, see the appendix to
this notice.
Scope Comments
We received no comments from
interested parties on the scope of the
investigation as it appeared in the
Preliminary Determination. Therefore,
BILLING CODE 3510–DS–P
ddrumheller on DSK120RN23PROD with NOTICES1
DEPARTMENT OF COMMERCE
1 See Melamine from Japan: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value and Affirmative Determination of
Critical Circumstances, In Part, 89 FR 77819
(September 24, 2024) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum.
VerDate Sep<11>2014
16:08 Dec 06, 2024
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Fmt 4703
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97601
we made no changes to the scope of the
investigation.
Verification
As stated in the Preliminary
Determination, after being selected as
the sole mandatory respondent, Mitsui
Chemicals, Inc. (Mitsui Chemicals),
declined to participate and did not
provide information requested by
Commerce. Accordingly, Commerce
based the Preliminary Determination
entirely on the application of facts
available with adverse inferences (AFA),
and did not conduct verification under
section 782(i) of the Act.
Final Affirmative Determination of
Critical Circumstances, in Part
We continue to find that critical
circumstances exist for imports of
melamine from Japan for the mandatory
respondent Mitsui Chemicals but do not
exist for all other producers and
exporters pursuant to sections
735(a)(3)(A) and (B) of the Act and 19
CFR 351.206.2
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, we assigned Mitsui
Chemicals an estimated weightedaverage dumping margin based entirely
on AFA, pursuant to sections 776(a) and
(b) of Act.3 There is no new information
on the record that would cause us to
revisit our decision in the Preliminary
Determination. Accordingly, for this
final determination, we continue to find
that the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to Mitsui
Chemicals.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In the Preliminary Determination, we
assigned a dumping margin of 115.11
percent as the all-others rate based on a
simple average of the calculated rates in
the petition, pursuant to section
735(c)(5)(B) of the Act.4 As noted above,
we received no comments on our
Preliminary Determination; thus, we
2 See
Preliminary Determination, 89 FR 77820.
3 Id.
4 Id.
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]]>Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97599-97601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28798]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-274-811]
Melamine From Trinidad and Tobago: Final Affirmative
Determination in the Countervailing Duty Investigation
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 Trinidad & Tobago. The period of investigation is
January 1, 2023, through December 31, 2023.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT: Megan Goins, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0884.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
Also on July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ The deadline for the final
determination is now December 2, 2024.
---------------------------------------------------------------------------
\1\ See Melamine from Trinidad and Tobago: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With Final Antidumping Duty Determination, 89 FR
59057 (July 22 2024) (Preliminary Determination), and accompanying
Preliminary Determination Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ The Issues and 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 complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Melamine from Trinidad and Tobago,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is melamine from Trinidad
and Tobago. For a complete description of the scope of this
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.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case brief that was submitted by a party in this investigation, are
discussed in the Issues and Decision
[[Page 97600]]
Memorandum. For a list of the issues raised by that interested party
and addressed in the Issues and Decision Memorandum, see Appendix II to
this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (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.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see the Preliminary Determination,\5\ and
the Issues and Decision Memorandum section entitled ``Use of Facts
Otherwise Available and Application of Adverse Inferences.''
---------------------------------------------------------------------------
\5\ See Preliminary Determination PDM at 5-9.
---------------------------------------------------------------------------
Verification
Because the examined respondent in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determined the examined respondent to have been uncooperative, Commerce
did not conduct verification.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Determination, 89 FR 59058.
---------------------------------------------------------------------------
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the countervailable subsidy rate
established for the mandatory respondent, in accordance with section
703(d) of the Act.\7\ Consistent with section 705(c)(5)(A)(ii) of the
Act, we made no changes to the selection of the all-others rate for
this final determination.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad
valorem)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Ltd............................ * 7.43
All Others.................................................. 7.43
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
Commerce normally discloses to interested parties the calculations
and analysis performed in a final determination within five days of its
public announcement, or if there is no public announcement, within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). However, because Commerce applied total AFA to the
respondent in this investigation, in accordance with section 776 of the
Act, and the applied AFA rates are based on rates calculated in prior
proceedings, there are no calculations to disclose.
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise from Trinidad and Tobago
that were entered, or withdrawn from warehouse, for consumption, on or
after July 22, 2024, the date of the publication of the Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, we also 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 between July 22, 2024, and 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. 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 canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of melamine
from Trinidad and Tobago. Because the final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of melamine from Trinidad and Tobago no
later than 45 days after our final determination. In addition, we are
making available to the ITC all non-privileged and nonproprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an 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
from warehouse, 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
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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
We are issuing and publishing the final determination in accordance
with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
[[Page 97601]]
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. A ll 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. Use of Facts Otherwise Available and Adverse Inferences
IV. Analysis of Programs
V. Discussion of the Issue
Comment: Whether Commerce Should Depart From the Adverse Facts
Available (AFA) Hierarchy To Determine the AFA Rates
VI. Recommendation
[FR Doc. 2024-28798 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
