Notice2024-15978
Melamine From Qatar: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Determination of Critical Circumstances, and Alignment of Final Determination With Final Antidumping Duty Determination
Primary source
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Published
July 22, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of melamine from Qatar (Qatar). The period of investigation is January 1, 2023, through December 31, 2023. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
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[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59045-59047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15978]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-518-002]
Melamine From Qatar: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Negative Determination of Critical
Circumstances, and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of melamine from Qatar (Qatar). The period of
investigation is January 1, 2023, through December 31, 2023. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable July 22, 2024.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Sofia Pedrelli, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2285 or (202)
482-4310, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on March 11,
2024.\1\ On April 11, 2024, Commerce postponed the preliminary
determination of this investigation until July 15, 2024.\2\
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\1\ See Melamine from Germany, India, Qatar, and Trinidad and
Tobago: Initiation of Countervailing Duty Investigations, 89 FR
17381 (March 11, 2024) (Initiation Notice).
\2\ See Melamine from Germany, India, Qatar, and Trinidad and
Tobago: Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 89 FR 27714 (April 18, 2024).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics
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discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Melamine from Qatar,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is melamine from Qatar.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily 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.\6\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
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\6\ 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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Preliminary Negative Determination of Critical Circumstances
Commerce preliminarily determines that critical circumstances do
not exist. For a full description of the methodology and results of
Commerce's analysis, see the ``Preliminary Negative Determination of
Critical Circumstances'' section of the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of melamine from Qatar based on a request made
by the petitioner.\7\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than November 25, 2024,
unless postponed.\8\
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\7\ See Petitioner's Letter, ``Petitioner's Request to Align
Countervailing Duty Investigation Final Determination with
Antidumping Duty Investigation Final Determination,'' dated June 11,
2024. The petitioner is Cornerstone Chemical Company.
\8\ See Melamine from Germany, India, Japan, the Netherlands,
Qatar, and Trinidad and Tobago: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
52437 (June 24, 2024).
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, 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.
In this investigation, Commerce calculated an individual estimated
countervailable subsidy rate for Qatar Melamine Company (QMC)/Qatar
Chemical and Petrochemical Marketing and Distribution Company
(Muntajat) Q.P.J.S.C. (Muntajat) and its cross-owned companies (QMC/
Muntajat), the only individually examined exporters/producers in this
investigation. Because the only individually calculated rate is not
zero, de minimis, or based entirely under section 776 of the Act, the
estimated weighted-average rate calculated for QMC/Muntajat and its
cross-owned companies is the rate assigned to all other producers and
exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist: \9\
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce found the following companies to be cross owned with QMC:
Muntajat, Qatar Fertiliser Company (P.S.C.), Industries Qatar
Q.P.S.C., and QatarEnergy.
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Subsidy rate
Company (percent ad
valorem)
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Qatar Melamine Company; Qatar Chemical and Petrochemical 40.49
Marketing and Distribution Company (Muntajat)
Q.P.J.S.C.; Qatar Fertiliser Company (P.S.C.);
Industries Qatar Q.P.S.C.; QatarEnergy.................
All Others.............................................. 40.49
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Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
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 the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
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issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\10\ Interested parties who submit case or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\12\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, Commerce will notify
the ITC of its determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination, whether imports of melamine from Qatar are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: July 15, 2024.
Ryan Majerus,
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 C<INF>3</INF> H<INF>6</INF> N<INF>6</INF>).
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Negative Determination of Critical Circumstances
V. New Subsidy Allegation
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-15978 Filed 7-19-24; 8:45 am]
BILLING CODE 3510-DS-P
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