Melamine From Germany: Final Affirmative Countervailing Duty Determination, 97586-97587 [2024-28801]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97586-97587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28801]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-428-853]


Melamine From Germany: Final Affirmative Countervailing Duty 
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 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.

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.
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    \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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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\
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    \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.
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    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\
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    \6\ See Preliminary Determination, 89 FR 39054.
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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

[[Page 97587]]

entirely on facts otherwise available, Commerce may use any reasonable 
method to establish the estimated subsidy rate for all other producers 
or exporters. Commerce has determined the individually estimated 
subsidy rate for the individually examined respondent under section 776 
of the Act. Consequently, as a reasonable method, Commerce is 
determining the all-others rate based on the rate determined for LAT 
Nitrogen Piesteritz GmbH (LAT Nitrogen), the mandatory respondent in 
this investigation, as determined under section 776 of the Act.\7\ For 
a full description of the methodology underlying Commerce's analysis, 
see the Preliminary Decision Memorandum.\8\
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    \7\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 
10, 2008); and Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).
    \8\ See Preliminary Determination PDM at 8-14.
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Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                            Subsidy rate
                     Producer/exporter                       (percent ad
                                                              valorem)
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LAT Nitrogen Piesteritz GmbH..............................         29.72
All Others................................................         29.72
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Disclosure

    Normally, Commerce discloses to interested parties 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

    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, effective November 
20, 2024, we instructed CBP to discontinue the suspension of 
liquidation of all entries at that time, but to continue the suspension 
of liquidation of all entries between July 22, 2024, and November 19, 
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 such entries of subject merchandise. 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, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of melamine 
from Germany. As Commerce's final determination is affirmative, in 
accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports of melamine from Germany. 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.

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 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

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.

[FR Doc. 2024-28801 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P