Notice2024-28796
Melamine From Qatar: Final Negative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
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 Qatar is not being, or is not 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 97592-97593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28796]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-518-001]
Melamine From Qatar: Final Negative Determination of Sales at
Less Than Fair Value and Final Negative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
melamine from Qatar is not being, or is not 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: Andrew Hart, 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) 482-1058.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2024, Commerce published in the Federal Register
its preliminary negative determination in the LTFV investigation of
melamine from Qatar and invited interested parties to comment on the
Preliminary Determination.\1\
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\1\ See Melamine from Qatar: Preliminary Negative Determination
of Sales at Less Than Fair Value, 89 FR 77824 (September 24, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
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A summary of the events that occurred since Commerce published its
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and 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 Issues
and 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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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Negative Determination in the Less-Than-Fair-Value
Investigation of Melamine from Qatar,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Final Negative Determination of Critical Circumstances
We continue to find that critical circumstances do not exist for
imports of melamine from Qatar for all producers and exporters pursuant
to section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.206. For a discussion and analysis of comments regarding
Commerce's critical circumstances analysis, see the Issues and Decision
Memorandum.
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 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 provided in section 782(i)(1) of the Act, in October 2024, we
verified the sales and cost information submitted by QMC/Muntajat \3\
for use in our final determination. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by QMC/Muntajat.\4\
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\3\ As discussed in the Preliminary Determination, Commerce
preliminarily collapsed the following companies and treated them as
a single entity: Qatar Melamine Company (QMC); Qatar Chemical and
Petrochemical marketing and Distribution Company (Muntajat)
Q.P.J.S.C. (Muntajat) (collectively QMC/Muntajat); and Qatar
Fertiliser Company P.S.C. (QAFCO). Commerce continues to collapse
these companies and treat them as a single entity for the final
determination.
\4\ See Memoranda, ``Verification of the Sales Response of Qatar
Melamine Company and Qatar Chemical and Petrochemical Marketing and
Distribution Company Q.P.J.S.C. in the Antidumping Duty
Investigation of Melamine from Qatar,'' dated October 17, 2024
(Sales Verification Report); and ``Verification of the Cost
Responses of Qatar Melamine Company in the Antidumping Duty
Investigation of Melamine from Qatar,'' dated November 1, 2024 (Cost
Verification Report).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
[[Page 97593]]
Changes Since the Preliminary Determination
We made certain changes to the margin calculation for QMC/Muntajat,
since the Preliminary Determination.\5\ For a discussion of these
changes, see the Issues and Decision Memorandum.
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\5\ See Memorandum, ``Analysis for the Final Determination for
Qatar Melamine Company and Qatar Chemical and Petrochemical
Marketing and Distribution Company Q.P.J.S.C.,'' dated concurrently
with this notice.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, January 1, 2023, through December
31, 2023:
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Weighted-average Cash deposit rate
Exporter/producer dumping margin (adjusted for subsidy
(percent) offset(s)) (percent)
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Qatar Melamine Company; 0.00 Not Applicable.
Qatar Chemical and
Petrochemical Marketing and
Distribution Company
(Muntajat) Q.P.J.S.C.;
Qatar Fertiliser Company
(P.S.C.).
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Commerce has not calculated an estimated weighted-average dumping
margin for all other producers and exporters pursuant to sections
735(c)(1)(B) and (c)(5) of the Act, because it has not made a final
affirmative determination of sales at LTFV.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the publication of the notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the estimated weighted-average
dumping margin for QMC/Muntajat was de minimis and, therefore, we did
not suspend liquidation of entries of melamine from Qatar. Because
Commerce has made a final negative determination of sales at LTFV with
regard to the subject merchandise, Commerce will not direct U.S.
Customs and Border Protection to suspend liquidation or to require cash
deposit of estimated antidumping duties for entries of melamine from
Qatar.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. international Trade Commission of its final negative
determination of sales at LTFV. As our final determination is negative,
this proceeding is terminated in accordance with section 735(c)(2) of
the Act.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: December 2, 2024.
Abdelali Elouaradia,
Deputy 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Cost-Based Particular Market Situation (PMS)
Comment 2: Comparison Methodology
Comment 3: Critical Circumstances
Comment 4: Third Country Comparison Market
Comment 5: Collapsing
Comment 6: Major Input/Transaction Disregarded Rule
V. Recommendation
[FR Doc. 2024-28796 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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