Melamine From India: Final Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, In Part, 9415-9417 [2025-02547]
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
lotter on DSK11XQN23PROD with NOTICES1
November 19, 2024, but to continue the
suspension of liquidation of all entries
of subject merchandise on or before
November 18, 2024.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination,
Commerce will issue a CVD 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 in the table above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this investigation will be terminated,
and all estimated countervailing duties
deposited, or securities posted as a
result of the suspension of liquidation
will be refunded or cancelled.
ITC Notification
In accordance with section 705(d) of
the Act, Commerce will notify the ITC
of its final affirmative determination
that countervailable subsidies are being
provided to producers and exporters of
melamine from India. 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 U.S. imports of melamine from
India. Commerce is 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 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are entered, or withdrawn from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
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Jkt 265001
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: February 6, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Determination of Critical Circumstances
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
Frm 00009
VI. Discussion of the Issues
Comment 1: Whether Duty Drawback
(DDB) Program is a Non-countervailable
and World Trade Organization (WTO)
Compliant Program
Comment 2: Whether Commerce
Incorrectly Countervailed the Remission
of Duties and Taxes on Export Products
(RoDTEP) Program
Comment 3: Whether the Urea Subsidy
Program (USP) is Tied to Non-Subject
Merchandise
Comment 4: Whether Commerce
Improperly Applied Adverse Facts
Available (AFA) to the Natural Gas at
Less Than Adequate Remuneration
(LTAR) Program
Comment 5: Whether Commerce
Improperly Terminated its Verification
of Gujarat Fertilizers
Comment 6: Whether Critical
Circumstances Exist With Respect to
Gujarat Fertilizers
VII. Recommendation
[FR Doc. 2025–02548 Filed 2–11–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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.
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International Trade Administration
[A–533–924]
Melamine From India: Final Affirmative
Determination of Sales at Less Than
Fair Value and 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 India 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 February 12, 2025.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 24, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of melamine
from India and invited interested parties
to comment.1
1 See Melamine from India: Preliminary
Affirmative Determination of Sales at Less Than
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12FEN1
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
A summary of the events that
occurred since 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.2 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Final Affirmative Determination of
Critical Circumstances, in Part
Commerce preliminarily determined,
in accordance with section 733(e)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.206, that critical
circumstances exist with respect to
imports of melamine from India
produced and exported by Gujarat State
Fertilizers and Chemicals Limited
(GSFC). For the final determination,
pursuant to sections 735(a)(3)(A) and (B)
of the Act and 19 CFR 351.206, we
continue to find that critical
circumstances exist for this company.3
Furthermore, we continue to find that
critical circumstances do not exist with
respect to imports of melamine
produced and exported by all other
producers and exporters of melamine
from India. For a discussion and
analysis of comments regarding
Commerce’s critical circumstances
analysis, see the Preliminary
Determination 4 and the Issues and
Decision Memorandum.
Scope of the Investigation
The product covered by this
investigation is melamine from India.
For a complete description of the scope
of this investigation, see Appendix I 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.5 Therefore,
we made no changes to the scope of the
investigation.
Verification
As stated in the Preliminary
Determination, the sole mandatory
respondent, GSFC, failed to cooperate
by not acting to the best of its ability to
provide requested information.6
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.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached as Appendix
II to this notice.
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, we assigned GSFC an
estimated weighted-average dumping
margin based entirely on AFA, pursuant
to sections 776(a) and (b) of Act.7 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
GSFC.
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 513.28
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.8 We have not
made any changes to our Preliminary
Determination; thus, we continue to
assign a dumping margin of 513.28
percent as the all-others rate for this
final determination.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Gujarat State Fertilizers and Chemicals Limited .........................................................................................
All Others .....................................................................................................................................................
Adjusted cash
deposit rate
(percent) 9
* 632.74
513.28
626.27
506.81
* Rate based on facts available with adverse inferences.
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 continues
to apply AFA to the mandatory
respondent in this investigation,
consistent with the Preliminary
Determination and the rate is based on
the Petition, there are no new
calculations to disclose.
Fair Value and Affirmative Determination of
Critical Circumstances, in Part, 89 FR 77832
(September 24, 2024) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Melamine from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Preliminary Determination, 89 FR at 77832;
see also PDM at 12–16.
4 Id.
5 See Preliminary Determination, 89 FR at 77834.
6 Id. at 77832; see also PDM at 4–11.
7 Id.
8 See Preliminary Determination, 89 FR at 77833.
9 Adjusted for export subsidies of 6.47 percent
(comprised of 2.69 percent for the RoDTEP program
and 3.78 percent for the DDB program) for GSFC
and all others. See unpublished Federal Register
notice, ‘‘Melamine from India: Final Affirmative
Countervailing Duty Determination and Critical
Circumstances Determination,’’ and accompanying
Issues and Decision Memorandum, dated February
6, 2025.
lotter on DSK11XQN23PROD with NOTICES1
Disclosure
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Fmt 4703
Sfmt 4703
Suspension of Liquidation
In accordance with section 735(c)(4)
of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
lotter on DSK11XQN23PROD with NOTICES1
continue to suspend liquidation of
subject merchandise, as described in the
Appendix I to this notice, from GSFC
that are 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. In accordance with
section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend
liquidation of all other entries of subject
merchandise, entered, or withdrawn
from warehouse, for consumption on or
after September 24, 2024, which is the
date of publication of the 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.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
in a companion countervailing duty
(CVD) proceeding, when CVD
provisional measures are in effect.
However, provisional measures in the
companion CVD proceeding are no
longer in effect and suspension of
liquidation was discontinued.
Therefore, we will instruct CBP to
collect cash deposits based upon the
estimated weighted-average dumping
margin shown in the ‘‘Final
Determination’’ section above,
unadjusted for CVD export subsidies.10
10 See
section 703(d) of the Act, which states that
the provisional measures may not be in effect for
more than four months, which in the companion
CVD case is 120 days after the publication of the
preliminary determination, or November 19, 2024.
See CBP Message 4324409, ‘‘Discontinuation of
suspension of liquidation in the countervailing duty
investigation of melamine from India (C–533–925),’’
dated November 19, 2024.
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17:25 Feb 11, 2025
Jkt 265001
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 India 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 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: February 6, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Frm 00011
Cyanuramide; and by various brand names.
Melamine is a crystalline powder or granule.
All melamine is covered by the scope of this
investigation irrespective of purity, particle
size, or physical form. Melamine that has
been blended with other products is included
within this scope when such blends include
constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the melamine component of the mixture
is covered by the scope of this investigation.
Melamine that is otherwise subject to this
investigation is not excluded when
commingled with melamine from sources not
subject to this investigation. Only the subject
component of such commingled products is
covered by the scope of this investigation.
The subject merchandise is provided for in
subheading 2933.61.0000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading
and CAS registry number are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Commerce Must Use Certain
Data Submitted by GSFC
Comment 2: Commerce Should Not Find
Critical Circumstances
Comment 3: Commerce Must Calculate
Margins of GSFC Considering Export
Sales to the United States
Comment 4: The Purportedly Missing
Information Is Not Significant
Comment 5: The Proposed AFA Margin
Dwarfs Historic Margins in India
Comment 6: Commerce Has Not Explained
the Need for the Missing Information
Comment 7: Commerce Ignored Its
Statutory Mandate
V. Recommendation
[FR Doc. 2025–02547 Filed 2–11–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE659]
New England Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
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;
PO 00000
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The New England Fishery
Management Council (Council) is
holding four regional workshops to hear
SUMMARY:
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]]>Agencies
[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Notices]
[Pages 9415-9417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02547]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-924]
Melamine From India: Final Affirmative Determination of Sales at
Less Than Fair Value and 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 India 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 February 12, 2025.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2024, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
melamine from India and invited interested parties to comment.\1\
---------------------------------------------------------------------------
\1\ See Melamine from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Affirmative
Determination of Critical Circumstances, in Part, 89 FR 77832
(September 24, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
[[Page 9416]]
A summary of the events that occurred since 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.\2\ The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Melamine from India,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206, that critical circumstances exist with respect to imports of
melamine from India produced and exported by Gujarat State Fertilizers
and Chemicals Limited (GSFC). For the final determination, pursuant to
sections 735(a)(3)(A) and (B) of the Act and 19 CFR 351.206, we
continue to find that critical circumstances exist for this company.\3\
Furthermore, we continue to find that critical circumstances do not
exist with respect to imports of melamine produced and exported by all
other producers and exporters of melamine from India. For a discussion
and analysis of comments regarding Commerce's critical circumstances
analysis, see the Preliminary Determination \4\ and the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\3\ See Preliminary Determination, 89 FR at 77832; see also PDM
at 12-16.
\4\ Id.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is melamine from India.
For a complete description of the scope of this investigation, see
Appendix I 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.\5\
Therefore, we made no changes to the scope of the investigation.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 89 FR at 77834.
---------------------------------------------------------------------------
Verification
As stated in the Preliminary Determination, the sole mandatory
respondent, GSFC, failed to cooperate by not acting to the best of its
ability to provide requested information.\6\ 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.
---------------------------------------------------------------------------
\6\ Id. at 77832; see also PDM at 4-11.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, we assigned GSFC an
estimated weighted-average dumping margin based entirely on AFA,
pursuant to sections 776(a) and (b) of Act.\7\ 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 GSFC.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
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
513.28 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.\8\ We have not made any changes to our Preliminary
Determination; thus, we continue to assign a dumping margin of 513.28
percent as the all-others rate for this final determination.
---------------------------------------------------------------------------
\8\ See Preliminary Determination, 89 FR at 77833.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-average Adjusted cash
Exporter/producer dumping margin deposit rate
(percent) (percent) \9\
------------------------------------------------------------------------
Gujarat State Fertilizers and * 632.74 626.27
Chemicals Limited................
All Others........................ 513.28 506.81
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
---------------------------------------------------------------------------
\9\ Adjusted for export subsidies of 6.47 percent (comprised of
2.69 percent for the RoDTEP program and 3.78 percent for the DDB
program) for GSFC and all others. See unpublished Federal Register
notice, ``Melamine from India: Final Affirmative Countervailing Duty
Determination and Critical Circumstances Determination,'' and
accompanying Issues and Decision Memorandum, dated February 6, 2025.
---------------------------------------------------------------------------
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 continues to apply AFA to the
mandatory respondent in this investigation, consistent with the
Preliminary Determination and the rate is based on the Petition, 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
[[Page 9417]]
continue to suspend liquidation of subject merchandise, as described in
the Appendix I to this notice, from GSFC that are 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. In accordance with section
735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend
liquidation of all other entries of subject merchandise, entered, or
withdrawn from warehouse, for consumption on or after September 24,
2024, which is the date of publication of the 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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies in a companion countervailing
duty (CVD) proceeding, when CVD provisional measures are in effect.
However, provisional measures in the companion CVD proceeding are no
longer in effect and suspension of liquidation was discontinued.
Therefore, we will instruct CBP to collect cash deposits based upon the
estimated weighted-average dumping margin shown in the ``Final
Determination'' section above, unadjusted for CVD export subsidies.\10\
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\10\ See section 703(d) of the Act, which states that the
provisional measures may not be in effect for more than four months,
which in the companion CVD case is 120 days after the publication of
the preliminary determination, or November 19, 2024. See CBP Message
4324409, ``Discontinuation of suspension of liquidation in the
countervailing duty investigation of melamine from India (C-533-
925),'' dated November 19, 2024.
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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
India 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 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: February 6, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is melamine
(Chemical Abstracts Service (CAS) registry number 108-78-01,
molecular formula C3 H6 N6).
Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-
2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and
by various brand names. Melamine is a crystalline powder or granule.
All melamine is covered by the scope of this investigation
irrespective of purity, particle size, or physical form. Melamine
that has been blended with other products is included within this
scope when such blends include constituent parts that have been
intermingled, but that have not been chemically reacted with each
other to produce a different product. For such blends, only the
melamine component of the mixture is covered by the scope of this
investigation. Melamine that is otherwise subject to this
investigation is not excluded when commingled with melamine from
sources not subject to this investigation. Only the subject
component of such commingled products is covered by the scope of
this investigation.
The subject merchandise is provided for in subheading
2933.61.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading and CAS registry number are
provided for convenience and customs purposes, the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Commerce Must Use Certain Data Submitted by GSFC
Comment 2: Commerce Should Not Find Critical Circumstances
Comment 3: Commerce Must Calculate Margins of GSFC Considering
Export Sales to the United States
Comment 4: The Purportedly Missing Information Is Not
Significant
Comment 5: The Proposed AFA Margin Dwarfs Historic Margins in
India
Comment 6: Commerce Has Not Explained the Need for the Missing
Information
Comment 7: Commerce Ignored Its Statutory Mandate
V. Recommendation
[FR Doc. 2025-02547 Filed 2-11-25; 8:45 am]
BILLING CODE 3510-DS-P
