Notice2024-28797
Melamine From Qatar: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination
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 countervailable subsidies are being provided to producers and exporters of melamine from Qatar. 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 97593-97596]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28797]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-518-002]
Melamine From Qatar: Final Affirmative Countervailing Duty
Determination and Final Negative Critical Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of melamine from Qatar. The period of investigation (POI) is January 1,
2023, through December 31, 2023.
DATES: Applicable December 9, 2024.
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FOR FURTHER INFORMATION CONTACT: Samantha Kinney and 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 and (202)-
482-4310, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce published in the Federal Register its
preliminary determination in the countervailing duty (CVD)
investigation of melamine from Qatar and invited interested parties to
comment.\1\ In the Preliminary Determination, and in accordance with
section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.210(b)(4), Commerce aligned the final CVD determination with
the final antidumping duty determination of melamine from Qater.\2\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\3\ The deadline for the final determination
is now December 2, 2024. On September 12, 2024, Commerce released its
Post-Preliminary Decision.\4\
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\1\ See Melamine from Qatar: Preliminary Affirmative
Countervailable Duty Determination, Preliminary Negative
Determination of Critical Circumstances, and Alignment of Final
Determination With the Final Antidumping Duty Determination, 89 FR
59045 (July 22, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Determination, 89 FR 59046.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Post Preliminary Analysis Memorandum for
the Countervailing Duty Investigation of Melamine from Qatar,''
dated September 12, 2024 (Post-Preliminary Analysis Memorandum).
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
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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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Melamine from Qatar,'' dated concurrently with, and
hereby adopted by, this notice (Issues and 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 the investigation, see
Appendix I.
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) of the Act, in September 2024,
Commerce verified all information reported by Qatar Melamine Company
(QMC), Qatar Chemical and Petrochemical Marketing and Distribution
Company (Muntajat) Q.P.J.S.C (Muntajat), and its cross-owned
affiliates, QAFCO, Industries Qatar, and QatarEnergy (collectively,
QMC/Muntajat),\6\ and the Government of Qatar (GOQ). We used standard
verification procedures, including an examination of relevant account
records and original source documents provided by QMC/Muntajat.\7\
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\6\ Commerce continues to determine that QMC is cross owned with
Muntajat, Qatar Fertiliser Company (P.S.C.) (QAFCO), Industries
Qatar Q.P.S.C. (Industries Qatar) and QatarEnergy. See Preliminary
Determination PDM at 7-9; see also Post-Preliminary Analysis
Memorandum at 3.
\7\ See Memoranda, ``Verification of the Questionnaire Responses
of Qatar Melamine Company and Muntajat,'' dated October 30, 2024;
and ``Verification of the Questionnaire Responses of the Government
of Qatar,'' dated October 30, 2024.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by interested parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by parties, and to which we responded in
the Issues and Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce 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.\8\ Commerce notes
that, in making these findings, it relied, in part, on facts available
and, because it finds that QMC/Muntajat did not act to the best of its
ability to respond to Commerce's requests for information, Commerce
drew an adverse inference where appropriate in selecting from among the
facts otherwise available.\9\ For further information, see the ``Use of
Facts Otherwise Available and Adverse Inferences'' section in the
Preliminary Decision Memorandum. For a full description of the
methodology underlying our final determination, see the Issues and
Decision Memorandum.
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\8\ 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.
\9\ See sections 776(a) and (b) of the Act.
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Final Negative Determination of Critical Circumstances
Commerce determines that critical circumstances do not exist within
the meaning of 703(e)(1) of the Act. For further information, see the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination and Post-Preliminary
Analysis
Based on our review and analysis of the information received during
verification and comments received from interested parties, for this
final determination, we made certain changes to the countervailable
subsidy rate calculations for QMC/Muntajat, and for all other
producers/exporters. For a discussion of these changes, see the Issues
and Decision Memorandum.
All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
mandatory respondent, QMC/Muntajat. Section 705(c)(5)(A)(i) of the Act
states that, for companies not individually investigated, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act.
In this investigation, we continue to calculate an individual total
net countervailable subsidy rate for QMC/Muntajat that is not zero, de
minimis, or based entirely on facts otherwise available. Because QMC/
Muntajat's individual total net countervailable subsidy rate is the
only rate calculated in this investigation, the all-others rate is the
individual estimated subsidy rate calculated for the examined
respondent (QMC/Muntajat), in accordance with section 705(c)(5)(A)(i)
of the Act.
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Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist for the period January 1, 2023,
through December 31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Qatar Melamine Company; Qatar Chemical and Petrochemical 41.91
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.............................................. 41.91
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Disclosure
Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of its
public announcement or, if there is no public announcement, within five
days of the date of the publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
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 July 22, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after November
19, 2024, but to continue the suspension of liquidation of all entries
of subject merchandise on or before November 18, 2024.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for entries of subject merchandise in the amounts indicated above.
Pursuant to section 705(c)(2) of the Act, if the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated, and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or cancelled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of melamine
from Qatar. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days of our final determination, whether the domestic
industry in the United States is materially injured, or threated with
material injury, by reason of imports of melamine from Qatar. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information in our files, provided the ITC confirms
that it will not disclose such information, either publicly or under
administrative protective order (APO), without the written consent of
the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a countervailing duty order directing CBP to
assess, upon further instruction by Commerce, countervailing duties on
all imports of the subject merchandise that are entered, or withdrawn,
for consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
the APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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. Critical Circumstances
IV. Use of Facts Available
V. Subsidies Valuation
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VI. Changes Since the Preliminary Determination
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Countervail the Provision of
Natural Gas for Less Than Adequate Remuneration (LTAR)
Comment 2: Whether Commerce Should Revise its Preliminary
Analysis of Income Tax Exemptions
Comment 3: Whether Commerce Should Revise its Preliminary
Analysis of the Provision of Management, Usage, and Usufruct Rights
over Industrial Areas
Comment 4: Whether Commerce Should Revise its Preliminary
Analysis Regarding the Provision of Electricity and Water for LTAR
IX. Recommendation
[FR Doc. 2024-28797 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 9, 2024.
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