Notice2021-14640
Melamine From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) and the International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on melamine from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 129 (Friday, July 9, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36252-36253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14640]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-020, C-570-021]
Melamine From the People's Republic of China: Continuation of
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) and the International
Trade Commission (ITC) have determined that revocation of the
antidumping duty (AD) and countervailing duty (CVD) orders on melamine
from the People's Republic of China (China) would likely lead to
continuation or recurrence of dumping, net countervailable subsidies,
and material injury to an industry in the United States. Therefore,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2181.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2015, Commerce published in the Federal Register
the AD and CVD orders on melamine from
[[Page 36253]]
China.\1\ On November 3, 2020, Commerce published the notice of
initiation of the first sunset review of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On
November 10, 2020, Commerce received notices of intent to participate
from Cornerstone Chemical Company (Cornerstone, or domestic interested
party), within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\
Cornerstone claimed interested party status under section 771(9)(C) of
the Act, as a domestic producer engaged in the production of melamine
in the United States.
---------------------------------------------------------------------------
\1\ See Melamine from the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders, 80 FR 80751
(December 28, 2015) (Orders).
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 85 FR
69585 (November 3, 2020).
\3\ See Cornerstone's Letter, ``Five-Year (`Sunset') Review Of
Countervailing Duty Order On Melamine from the People's Republic Of
China: Domestic Interested Party Notice of Intent to Participate,''
dated November 10, 2020; see also Cornerstone's Letter, ``Five-Year
(`Sunset') Review Of Antidumping Duty Order On Melamine from the
People's Republic Of China: Domestic Interested Party Notice of
Intent to Participate,'' dated November 10, 2020.
---------------------------------------------------------------------------
On November 25, 2020, Commerce received substantive responses from
the domestic interested party within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).\4\ We received no substantive responses from
any other domestic or interested parties and no hearing was requested.
---------------------------------------------------------------------------
\4\ See Cornerstone's Letter, ``Five-Year (`Sunset') Review Of
Countervailing Duty Order On Melamine from the People's Republic Of
China: Domestic Interested Party Substantive Response,'' dated
November 25, 2020; see also Cornerstone's Letter, ``Five-Year
(`Sunset') Review Of Antidumping Duty Order On Melamine from the
People's Republic Of China: Domestic Interested Party Substantive
Response,'' dated November 25, 2020.
---------------------------------------------------------------------------
On December 23, 2020, Commerce notified the ITC that it did not
receive adequate substantive responses from respondent interested
parties.\5\ As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-
day) sunset reviews of these Orders.
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Sunset Reviews for November 2020,''
dated December 23, 2020.
---------------------------------------------------------------------------
As a result of its reviews, Commerce determined that revocation of
the AD and CVD orders on melamine from China would likely lead to
continuation or recurrence of dumping and subsidization. Therefore,
Commerce notified the ITC of the magnitude of the margins likely to
prevail should the orders be revoked, pursuant to sections 751(c)(1)
and 752(b) and (c) of the Act.\6\ On July 6, 2021, the ITC published
its determinations, pursuant to sections 751(c) and 752(a) of the Act,
that revocation of the Orders would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\7\
---------------------------------------------------------------------------
\6\ See Melamine from the People's Republic of China: Final
Results of the Expedited Five-Year Sunset Review of the
Countervailing Duty Order, 86 FR 11501 (February 25, 2021); see also
Melamine from the People's Republic of China: Final Results of the
Expedited Five-Year Sunset Review of the Antidumping Duty Order, 86
FR 13528 (March 9, 2021).
\7\ See Melamine from China, 86 FR 35531 (July 6, 2021).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to the Orders is melamine (Chemical
Abstracts Service (CAS) registry number 108-78-01, molecular formula
C<INF>3</INF>H<INF>6</INF>N<INF>6</INF>).\8\ Melamine is a crystalline
powder or granule typically (but not exclusively) used to manufacture
melamine formaldehyde resins. All melamine is covered by the scope of
these Orders 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 these Orders.
Melamine that is otherwise subject to these orders is not excluded when
commingled with melamine from sources not subject to these Orders. Only
the subject component of such commingled products is covered by the
scope of these Orders.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of the AD and CVD orders on melamine from China. U.S. Customs and
Border Protection will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of continuation of these Orders will be the date
of publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year reviews of the Orders not later than 30 days prior
to the fifth anniversary of the effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: July 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-14640 Filed 7-8-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.