Notice2024-21827
Melamine From the Netherlands: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
September 24, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that melamine from the Netherlands is being, or is likely to be, sold in the United States at less than fair value (LTFV). 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 185 (Tuesday, September 24, 2024)</title>
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[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77829-77832]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21827]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-817]
Melamine From the Netherlands: Preliminary Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that melamine from the Netherlands is being, or is likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation is January 1, 2023, through December 31, 2023.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 24, 2024.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations,
[[Page 77830]]
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 June 18, 2024, Commerce postponed the preliminary
determination of this investigation.\2\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\3\ The deadline for the preliminary determination is now
September 18, 2024.
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\1\ See Melamine from Germany, India, Japan, the Netherlands,
Qatar, and Trinidad and Tobago: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 17413 (March 11, 2024) (Initiation Notice).
\2\ 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).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included 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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Melamine from the Netherlands,'' 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 the
Netherlands. For a full description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ we
set aside a period of time, as stated in the Initiation Notice, for
parties to raise issues regarding product coverage (i.e., scope).\6\ No
interested party commented on the scope of the investigation as it
appeared in the Initiation Notice. Commerce is not modifying the scope
language as it appeared in the Initiation Notice. See the complete
description of the scope in Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 17413.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce
has preliminarily relied upon facts otherwise available to assign an
estimated weighted-average dumping margin to OCI Nitrogen, the
mandatory respondent in this investigation because OCI Nitrogen did not
submit a complete response to Commerce's antidumping duty
questionnaire. Further, Commerce preliminarily determines that OCI
Nitrogen failed to cooperate by not acting to the best of its ability
to comply with a request for information and Commerce is using an
adverse inference in selecting from among the facts otherwise available
(i.e., applying adverse facts available (AFA)) to this respondent, in
accordance with section 776(b) of the Act. For a full description of
the methodology underlying our preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) of the Act provides that, in the preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually investigated in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all others shall
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis rates, and
any rates determined entirely under section 776 of the Act. The
estimated weighted-average dumping margin in this preliminary
determination was determined entirely under section 776 of the Act. In
cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple
average of the dumping margins alleged in the petition and applies the
results to all other entities not individually examined.\7\
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\7\ See, e.g., Thermal Paper from Spain: Final Determination of
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30,
2021), and accompanying Issues and Decision Memorandum.
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In the Petition,\8\ Cornerstone Chemical Company (the petitioner)
alleged two estimated dumping margins for the Netherlands, 34.84 and
72.16 percent. Therefore, consistent with our practice, for the all-
others rate in this investigation, we preliminarily assign a simple
average of the dumping margins alleged in the Petition, which is 53.50
percent.
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\8\ See Petitioner's Letter, ``Melamine from Germany, Japan, the
Netherlands, Qatar, and Trinidad and Tobago: Petition for the
Imposition of Antidumping Duties,'' dated February 14, 2024
(Petition); Petitioner's Letter, ``Petitioner's Response to Volume V
Supplemental Questionnaire (Netherlands Antidumping),'' dated
February 22, 2024 (Netherlands SQR).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period January 1,
2023, through December 31, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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OCI Nitrogen B.V............................................ * 72.16
All Others.................................................. 53.50
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* Rate is based on AFA.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of all entries of melamine, as described in the ``Scope of the
Investigation'' in Appendix I, from OCI Nitrogen that are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. In accordance with
section 733(d)(2) of the Act, Commerce will direct CBP to suspend
liquidation of all other entries of melamine from the Netherlands, as
described in the ``Scope of the Investigation'' in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. We will also
instruct CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), 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
[[Page 77831]]
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary 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.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary 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
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b).
However, because Commerce preliminarily applied AFA to the sole
mandatory respondent in this investigation, and applied an AFA rate
based on the Petition, there are no calculations to disclose.
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
issues raised in the case briefs or other written comments.
Verification
Because the mandatory respondent in this investigation did not act
to the best of its ability to provide information requested by
Commerce, and Commerce preliminarily determines the mandatory
respondent to be uncooperative, we will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 14
days after the date of publication of the preliminary determination.
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.\9\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\10\
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\9\ 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).
\10\ 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.\11\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination. We request that interested
parties include footnotes for relevant citations in the 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ 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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. An electronically filed hearing request
must be received successfully in its entirety via ACCESS by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its affirmative
preliminary determination. If our 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 our final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: September 18, 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 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
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III. Period of Investigation
IV. Application of Facts Available, Use of Adverse Inference, and
Calculation of All-Others Rate
V. Recommendation
[FR Doc. 2024-21827 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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