Melamine From Trinidad and Tobago: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 97598-97599 [2024-28799]
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97598
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
International Trade Administration
Preliminary Determination. Therefore,
we made no changes to the scope of the
investigation.
continue to assign a dumping margin of
98.32 percent as the all-others rate for
this final determination.
[A–274–810]
Verification
Melamine From Trinidad and Tobago:
Final Affirmative Determination of
Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances, in Part
As stated in the Preliminary
Determination, after being selected as
the sole mandatory respondent,
Methanol Holdings (Trinidad) Limited
(MHTL) discontinued its participation
in this investigation. 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 Determination
The final estimated weighted-average
dumping margins are as follows:
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
melamine from Trinidad and Tobago 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:
Brittany Bauer, 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) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 24, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of melamine from
Trinidad and Tobago 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).
ddrumheller on DSK120RN23PROD with NOTICES1
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 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
1 See Melamine from Trinidad and Tobago:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Affirmative
Determination of Critical Circumstances, In Part, 89
FR 77814 (September 24, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
VerDate Sep<11>2014
16:08 Dec 06, 2024
Jkt 265001
Final Affirmative Determination of
Critical Circumstances, in Part
We continue to find that critical
circumstances exist for imports of
melamine from Trinidad and Tobago for
the mandatory respondent MHTL 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 MHTL an
estimated weighted-average 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 MHTL.
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 98.32
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
3 See
Preliminary Determination PDM at 9–13.
Preliminary Determination, 89 FR 77815.
4 Id.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Exporter/Producer
Methanol Holdings (Trinidad)
Limited .....................................
All Others ....................................
Weightedaverage
dumping
margin
(percent) *
** 146.85
98.32
* Consistent with the Preliminary Determination, because the companion countervailing
duty investigation found no export subsidies,
we have not offset the weighted-average
dumping margins.
** Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce will disclose to
the parties in a proceeding the
calculations performed in connection
with a final determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce received
no comments on the Preliminary
Determination, it is adopting the
Preliminary Determination as the final
determination in this investigation.
Consequently, there are no new
calculations to disclose.
Suspension of Liquidation
In accordance with section 735(c)(4)
of the Act, Commerce will instruct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of
subject merchandise, as described in the
appendix to this notice, entered, or
withdrawn from warehouse, for
consumption, on or after June 26, 2024,
which is 90 days prior to the date of
publication of the affirmative
Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), where
appropriate, Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate as follows: (1) the cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
final determination; (2) if the exporter is
not a respondent identified above, but
the producer is, then the cash deposit
E:\FR\FM\09DEN1.SGM
09DEN1
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
Frm 00018
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).
E:\FR\FM\09DEN1.SGM
09DEN1
Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97598-97599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28799]
[[Page 97598]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-274-810]
Melamine From Trinidad and Tobago: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
melamine from Trinidad and Tobago 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: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2024, Commerce published in the Federal Register
its preliminary determination in the LTFV investigation of melamine
from Trinidad and Tobago 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).
---------------------------------------------------------------------------
\1\ See Melamine from Trinidad and Tobago: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Affirmative Determination of Critical Circumstances, In Part, 89 FR
77814 (September 24, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
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 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, 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, Methanol Holdings (Trinidad) Limited
(MHTL) discontinued its participation in this investigation.
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 Trinidad and Tobago for the mandatory respondent MHTL
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\
---------------------------------------------------------------------------
\2\ See Preliminary Determination PDM at 9-13.
---------------------------------------------------------------------------
Use of Adverse Facts Available
As discussed in the Preliminary Determination, we assigned MHTL an
estimated weighted-average 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
MHTL.
---------------------------------------------------------------------------
\3\ See Preliminary Determination, 89 FR 77815.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average 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
98.32 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 continue to assign a dumping margin of 98.32
percent as the all-others rate for this final determination.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter/Producer margin
(percent)
*
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Limited........................ ** 146.85
All Others.................................................. 98.32
------------------------------------------------------------------------
* Consistent with the Preliminary Determination, because the companion
countervailing duty investigation found no export subsidies, we have
not offset the weighted-average dumping margins.
** Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce received no comments on the
Preliminary Determination, it is adopting the Preliminary Determination
as the final determination in this investigation. Consequently, there
are no new calculations to disclose.
Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise, as described in the
appendix to this notice, entered, or withdrawn from warehouse, for
consumption, on or after June 26, 2024, which is 90 days prior to the
date of publication of the affirmative Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate as follows: (1) the cash deposit rate for
the respondent listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this final
determination; (2) if the exporter is not a respondent identified
above, but the producer is, then the cash deposit
[[Page 97599]]
rate will be equal to the company-specific estimated weighted-average
dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. 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.
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).
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-
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.
[FR Doc. 2024-28799 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P