Notice2024-28794
Melamine From Japan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part
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
December 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that melamine from Japan 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.
Full Text
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<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97601-97602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28794]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-882]
Melamine From Japan: Final Affirmative Determination of Sales at
Less Than Fair Value and Final 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 Japan 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 December 9, 2024.
FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1167.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2024, Commerce published in the Federal Register
its preliminary determination in the LTFV investigation of melamine
from Japan and invited interested parties to comment.\1\ No interested
party submitted comments. Accordingly, the final determination remains
unchanged from the Preliminary Determination and no decision memoranda
accompany this notice. The Preliminary Determination is hereby adopted
in this final determination. Commerce conducted this LTFV investigation
in accordance with section 735 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Melamine from Japan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Affirmative
Determination of Critical Circumstances, In Part, 89 FR 77819
(September 24, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
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Scope of the Investigation
The product covered by this investigation is melamine from Japan.
For a complete description of the scope of this investigation, see the
appendix 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.
Therefore, we made no changes to the scope of the investigation.
Verification
As stated in the Preliminary Determination, after being selected as
the sole mandatory respondent, Mitsui Chemicals, Inc. (Mitsui
Chemicals), declined to participate and did not provide information
requested by Commerce. 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.
Final Affirmative Determination of Critical Circumstances, in Part
We continue to find that critical circumstances exist for imports
of melamine from Japan for the mandatory respondent Mitsui Chemicals
but do not exist for all other producers and exporters pursuant to
sections 735(a)(3)(A) and (B) of the Act and 19 CFR 351.206.\2\
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\2\ See Preliminary Determination, 89 FR 77820.
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Use of Adverse Facts Available
As discussed in the Preliminary Determination, we assigned Mitsui
Chemicals an estimated weighted-average dumping margin based entirely
on AFA, pursuant to sections 776(a) and (b) of Act.\3\ There is no new
information on the record that would cause us to revisit our decision
in the Preliminary Determination. Accordingly, 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
Mitsui Chemicals.
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\3\ Id.
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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
115.11 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.\4\ As noted above, we received no comments on our Preliminary
Determination; thus, we
[[Page 97602]]
continue to assign a dumping margin of 115.11 percent as the all-others
rate for this final determination.
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\4\ Id.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Mitsui Chemicals, Inc....................................... * 127.69
All Others.................................................. 115.11
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* Rate is based on facts available with adverse inferences.
Disclosure
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 received no comments on the
Preliminary Determination, it is adopting the Preliminary Determination
as the final determination in this investigation. Consequently, there
are no new calculations to disclose.
Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise, as described in the
appendix to this notice, 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.
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 margins 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.
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
Japan 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 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.
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 the 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: December 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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-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.
[FR Doc. 2024-28794 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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