Melamine From Germany: Final Affirmative Determination of Sales at Less Than Fair Value, 97584-97586 [2024-28800]
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ddrumheller on DSK120RN23PROD with NOTICES1
97584
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
for the Prohibition of Chemical
Weapons (OPCW). In order to achieve
the object and purpose of the
Convention and the implementation of
its provisions, the CWC imposes certain
obligations on countries that have
ratified the Convention (i.e., States
Parties), among which are the enactment
of legislation to prohibit the production,
storage, and use of chemical weapons
and the establishment of a National
Authority to serve as the national focal
point for effective liaison with the
OPCW and other States Parties. The
CWC also requires each State Party to
implement a comprehensive data
declaration and inspection regime to
provide transparency and to verify that
both the public and private sectors of
the State Party are not engaged in
activities prohibited under the CWC. In
the United States, the Chemical
Weapons Convention Implementation
Act of 1998 (22 U.S.C. 6701 et seq.)
implements the provisions of the CWC.
‘‘Schedule 1’’ chemicals consist of
those toxic chemicals and precursors set
forth in the CWC ‘‘Annex on
Chemicals’’ and in ‘‘Supplement No. 1
to part 712—SCHEDULE 1
CHEMICALS’’ of the CWCR (15 CFR
parts 710–722). The CWC identified
these toxic chemicals and precursors as
posing a high risk to the object and
purpose of the Convention.
The CWC (Part VI of the ‘‘Verification
Annex’’) restricts the production of
‘‘Schedule 1’’ chemicals for protective
purposes to two facilities per State
Party: a single small-scale facility and a
facility for production in quantities not
exceeding 10 kilograms (kg) per year.
The CWC Article-by-Article Analysis
submitted to the Senate in Treaty Doc.
103–21 defined the term ‘‘protective
purposes’’ to mean ‘‘used for
determining the adequacy of defense
equipment and measures.’’ Consistent
with this definition and as authorized
by Presidential Decision Directive (PDD)
70 (December 17, 1999), which specifies
agency and departmental
responsibilities as part of the U.S.
implementation of the CWC, the
Department of Defense (DoD) was
assigned the responsibility to operate
these two facilities. DoD maintains strict
controls on ‘‘Schedule 1’’ chemicals
produced at its facilities in order to
ensure accountability for such
chemicals, as well as their proper use,
consistent with the object and purpose
of the Convention. Although this
assignment of responsibility to DoD
under PDD–70 effectively precluded
commercial production of ‘‘Schedule 1’’
chemicals for ‘‘protective purposes’’ in
the United States, it did not establish
any limitations on ‘‘Schedule 1’’
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Jkt 265001
chemical activities that are not
prohibited by the CWC.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
part 712) and in the Export
Administration Regulations (EAR) (see
15 CFR 742.18 and 15 CFR part 745),
both of which are administered by BIS.
Pursuant to CWC requirements, the
CWCR restrict commercial production
of ‘‘Schedule 1’’ chemicals to research,
medical, or pharmaceutical purposes.
The CWCR prohibit commercial
production of ‘‘Schedule 1’’ chemicals
for ‘‘protective purposes’’ because such
production is effectively precluded per
PDD–70, as described above (see 15 CFR
712.2(a)).
The CWCR also contain other
requirements and prohibitions that
apply to ‘‘Schedule 1’’ chemicals and/or
‘‘Schedule 1’’ facilities. Specifically, the
CWCR:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
(2) Require annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals
in excess of 100 grams aggregate per
calendar year (i.e., declared ‘‘Schedule
1’’ facilities) for purposes not prohibited
by the Convention (15 CFR 712.5(a)(1)
and (a)(2));
(3) Provide for government approval
of ‘‘declared Schedule 1’’ facilities (15
CFR 712.5(f));
(4) Require 200 days advance
notification of the establishment of new
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(5) Provide that ‘‘declared Schedule
1’’ facilities are subject to initial and
routine inspection by the OPCW (15
CFR 712.5(e) and 716.1(b)(1));
(6) Require advance notification and
annual reporting of all imports and
exports of ‘‘Schedule 1’’ chemicals to, or
from, other States Parties to the
Convention (15 CFR 712.6, 742.18(a)(1)
and 745.1); and
(7) Prohibit the export of ‘‘Schedule
1’’ chemicals to States not Party to the
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
For purposes of the CWCR (see the
definition of ‘‘production’’ in 15 CFR
710.1), the phrase ‘‘production of a
Schedule 1 chemical’’ means the
formation of ‘‘Schedule 1’’ chemicals
through chemical synthesis, as well as
processing to extract and isolate
‘‘Schedule 1’’ chemicals. The phrase
also encompasses the formation of a
chemical through chemical reaction,
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including by a biochemical or
biologically mediated reaction.
‘‘Production of a Schedule 1 chemical’’
is understood, for CWCR declaration
purposes, to include intermediates, byproducts, or waste products that are
produced and consumed within a
defined chemical manufacturing
sequence, where such intermediates, byproducts, or waste products are
chemically stable and therefore exist for
a sufficient time to make isolation from
the manufacturing stream possible, but
where, under normal or design
operating conditions, isolation does not
occur.
Request for Comments
In order to assist in determining
whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are
significantly harmed by the limitations
of the Convention on access to, and
production of, ‘‘Schedule 1’’ chemicals
as described in this notice, BIS is
seeking public comments on any effects
that implementation of the CWC,
through the Chemical Weapons
Convention Implementation Act of 1998
and the CWCR, has had on commercial
activities involving ‘‘Schedule 1’’
chemicals during calendar year 2024. To
allow BIS to properly evaluate the
significance of any harm to commercial
activities involving ‘‘Schedule 1’’
chemicals, public comments submitted
in response to this notice of inquiry
should include both a quantitative and
qualitative assessment of the impact of
the CWC on such activities.
Submission of Comments
All comments must be submitted to
one of the addresses indicated in this
notice and in accordance with the
instructions provided herein. BIS will
consider all comments received on or
before January 8, 2025.
Matthew S. Borman,
Principal Deputy Assistant Secretary for
Strategic Trade and Technology Security.
[FR Doc. 2024–28755 Filed 12–6–24; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–852]
Melamine From Germany: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
The U.S. Department of
Commerce (Commerce) determines that
melamine from Germany 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:
Noah Wetzel, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7466.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On September 24, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of melamine from
Germany 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
Germany. For a complete description of
the scope of this investigation, see the
appendix to this notice.
ddrumheller on DSK120RN23PROD with NOTICES1
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, LAT
Nitrogen Piesteritz GmbH (LAT
Nitrogen), 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.
1 See Melamine from Germany: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, 89 FR 77822 (September 24, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
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Use of Adverse Facts Available
As discussed in the Preliminary
Determination, we assigned LAT
Nitrogen an estimated weighted-average
dumping margin based entirely on AFA,
pursuant to sections 776(a) and (b) of
Act.2 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 LAT Nitrogen.
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 179.24
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.3 As noted above,
we received no comments on our
Preliminary Determination; thus, we
continue to assign a dumping margin of
179.24 percent as the all-others rate for
this final determination.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
97585
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, we 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 September 24,
2024, which is 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 margin determined in this
final determination; (2) if the exporter is
not a respondent identified above, but
the producer is, then the cash deposit
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.
Estimated
weightedaverage
dumping
margin
(percent)
U.S. International Trade Commission
(ITC) Notification
Exporter/producer
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
LAT Nitrogen Piesteritz GmbH ...
* 218.73 at LTFV. Because Commerce’s final
All Others ....................................
179.24 determination is affirmative, in
accordance with section 735(b)(2) of the
* Rate based on facts available with adverse
Act, the ITC will make its final
inferences.
determination as to whether the
Disclosure
domestic industry in the United States
is materially injured, or threatened with
Normally, Commerce will disclose to
material injury, by reason of imports or
the parties in a proceeding the
sales (or the likelihood of sales) for
calculations performed in connection
importation of melamine from Germany
with a final determination within five
no later than 45 days after this final
days of any public announcement or, if
determination. If the ITC determines
there is no public announcement,
that such injury does not exist, this
within five days of the date of
proceeding will be terminated, and all
publication of the notice of final
cash deposits will be refunded, and
determination in the Federal Register,
suspension of liquidation will be lifted.
in accordance with 19 CFR 351.224(b).
If the ITC determines that material
2 Id., 89 FR 77822.
injury, or the threat of material injury,
3 Id.
exists, Commerce will issue an
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09DEN1
97586
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
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 above.
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.
ddrumheller on DSK120RN23PROD with NOTICES1
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. 2024–28800 Filed 12–6–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–428–853]
Melamine From Germany: Final
Affirmative Countervailing Duty
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 the Federal Republic of
Germany (Germany). The period of
investigation is January 1, 2023, through
December 31, 2023.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Faris Montgomery, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068 or (202) 482–1537,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce
published the Preliminary
Determination in the Federal Register.1
Commerce invited parties to comment
on the Preliminary Determination.2 We
received no comments from interested
parties and have accordingly made no
changes to the Preliminary
Determination. Accordingly, no
decision memoranda accompany this
notice. The Preliminary Determination
is hereby adopted in this final
determination. 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 countervailing duty (CVD)
determination with the final
antidumping duty determination.3 On
July 22, 2024, Commerce tolled certain
deadlines in this proceeding by seven
days.4 The deadline for the final
determination is now December 2, 2024.
1 See Melamine from Germany: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
Antidumping Duty Determination, 89 FR 59053
(July 22, 2024), and accompanying Preliminary
Decision Memorandum (PDM).
2 Id., 89 FR 59053.
3 Id., 89 FR 59053–59054.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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Fmt 4703
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Scope of the Investigation
The product covered by this
investigation is melamine from
Germany. For a complete description of
the scope of this investigation, see
Appendix.
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.
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.5
In making this final determination,
Commerce relied on facts otherwise
available, including with an adverse
inference, pursuant to sections 776(a)
and (b) of the Act. For a full discussion
of our application of adverse facts
available, see the Preliminary
Determination.
Verification
Because the examined respondents in
this investigation did not provide
information requested by Commerce
and Commerce preliminarily
determined each of the examined
respondents to have been
uncooperative, Commerce did not
conduct verification.6
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually examined are
zero, de minimis, or determined based
5 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.
6 See Preliminary Determination, 89 FR 39054.
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]]>Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97584-97586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28800]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-852]
Melamine From Germany: Final Affirmative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 97585]]
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
melamine from Germany 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: Noah Wetzel, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-7466.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2024, Commerce published in the Federal Register
its preliminary determination in the LTFV investigation of melamine
from Germany 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 Germany: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 77822
(September 24, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is melamine from Germany.
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, LAT Nitrogen Piesteritz GmbH (LAT
Nitrogen), 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.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, we assigned LAT
Nitrogen an estimated weighted-average dumping margin based entirely on
AFA, pursuant to sections 776(a) and (b) of Act.\2\ 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 LAT
Nitrogen.
---------------------------------------------------------------------------
\2\ Id., 89 FR 77822.
---------------------------------------------------------------------------
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
179.24 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.\3\ As noted above, we received no comments on our Preliminary
Determination; thus, we continue to assign a dumping margin of 179.24
percent as the all-others rate for this final determination.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
LAT Nitrogen Piesteritz GmbH................................ * 218.73
All Others.................................................. 179.24
------------------------------------------------------------------------
* 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, we 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 September 24, 2024, which is 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 margin determined in this final
determination; (2) if the exporter is not a respondent identified
above, but the producer is, then the cash deposit 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
Germany 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
[[Page 97586]]
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 above.
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. 2024-28800 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
