Notice2024-22252
Melamine From Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
September 30, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-706-709 and 731-TA-1667-1672 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago, provided for in subheading 2933.61.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold at less-than-fair-value and to be subsidized by the governments of Germany, India, Qatar, and Trinidad and Tobago.
Full Text
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<title>Federal Register, Volume 89 Issue 189 (Monday, September 30, 2024)</title>
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79637-79638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22252]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-706-709 and 731-TA-1667-1672 (Final)]
Melamine From Germany, India, Japan, Netherlands, Qatar, and
Trinidad and Tobago; Scheduling of the Final Phase of Countervailing
Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-706-709 and 731-TA-1667-1672 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of melamine from Germany, India, Japan,
Netherlands, Qatar, and Trinidad and Tobago, provided for in subheading
2933.61.00 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be sold at less-than-fair-value and to be subsidized by the
governments of Germany, India, Qatar, and Trinidad and Tobago.
DATES: September 24, 2024.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``The merchandise subject to these
investigations 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 these
investigations 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
investigations. Melamine that is otherwise subject to these
investigations is not excluded when commingled with melamine from
sources not subject to these investigations. Only the subject component
of such commingled products is covered by the scope of these
investigations.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Germany, India, Qatar, and Trinidad and Tobago of
melamine, and that such products from Germany, India, Japan,
Netherlands, Qatar, and Trinidad and Tobago are being sold in the
United States at less than fair value within the meaning of Sec. 733
of the Act (19 U.S.C. 1673b). The investigations were requested in
petitions filed on February 14, 2024, by Cornerstone Chemical Company,
Waggaman, Louisiana.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B
[[Page 79638]]
(19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).
Although Commerce has preliminarily determined that imports of
melamine from Qatar are not being and are not likely to be sold in the
United States at less than fair value, for purposes of efficiency the
Commission hereby waives rule 207.21(b) \1\ so that the final phase of
the investigation may proceed concurrently in the event that Commerce
makes a final affirmative determination with respect to such imports.
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\1\ Section 207.21(b) of the Commission's rules provides that,
where Commerce has issued a negative preliminary determination, the
Commission will publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from Commerce.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
19, 2024, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
December 3, 2024. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Wednesday,
November 27, 2024. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3pm the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Monday,
December 2, 2024. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on Monday, December 2, 2024. Oral
testimony and written materials to be submitted at the public hearing
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is November 26, 2024. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is December 10, 2024. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before December 10, 2024. On December 27, 2024, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before December 31, 2024, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: September 24, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-22252 Filed 9-27-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 30, 2024.
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