Notice2024-28798
Melamine From Trinidad and Tobago: Final Affirmative Determination in the Countervailing Duty Investigation
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 Trinidad & Tobago. The period of investigation 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 97599-97601]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28798]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-274-811]
Melamine From Trinidad and Tobago: Final Affirmative
Determination in the Countervailing Duty Investigation
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 Trinidad & Tobago. The period of investigation is
January 1, 2023, through December 31, 2023.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT: Megan Goins, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0884.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
Also on July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ The deadline for the final
determination is now December 2, 2024.
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\1\ See Melamine from Trinidad and Tobago: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With Final Antidumping Duty Determination, 89 FR
59057 (July 22 2024) (Preliminary Determination), and accompanying
Preliminary Determination Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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A summary of the events that occurred since Commerce published the
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.\3\ The Issues and Decision Memorandum
is a public document and is made available to the public 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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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Melamine from Trinidad and Tobago,'' 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 Trinidad
and Tobago. For a complete description of the scope of this
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.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case brief that was submitted by a party in this investigation, are
discussed in the Issues and Decision
[[Page 97600]]
Memorandum. For a list of the issues raised by that interested party
and addressed in the Issues and Decision Memorandum, see Appendix II to
this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (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.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see the Preliminary Determination,\5\ and
the Issues and Decision Memorandum section entitled ``Use of Facts
Otherwise Available and Application of Adverse Inferences.''
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\5\ See Preliminary Determination PDM at 5-9.
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Verification
Because the examined respondent in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determined the examined respondent to have been uncooperative, Commerce
did not conduct verification.\6\
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\6\ See Preliminary Determination, 89 FR 59058.
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All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the countervailable subsidy rate
established for the mandatory respondent, in accordance with section
703(d) of the Act.\7\ Consistent with section 705(c)(5)(A)(ii) of the
Act, we made no changes to the selection of the all-others rate for
this final determination.
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\7\ Id.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy
rate
Company (percent
ad
valorem)
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Methanol Holdings (Trinidad) Ltd............................ * 7.43
All Others.................................................. 7.43
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* Rate based on AFA.
Disclosure
Commerce normally discloses to interested parties the calculations
and analysis performed in a final determination within five days of its
public announcement, or if there is no public announcement, within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). However, because Commerce applied total AFA to the
respondent in this investigation, in accordance with section 776 of the
Act, and the applied AFA rates are based on rates calculated in prior
proceedings, there are no calculations to disclose.
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise from Trinidad and Tobago
that were entered, or withdrawn from warehouse, for consumption, on or
after July 22, 2024, the date of the publication of the Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, we also 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 between July 22, 2024, and 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. 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 canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of melamine
from Trinidad and Tobago. Because the final determination is
affirmative, in accordance with section 705(b) 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 of melamine from Trinidad and Tobago no
later than 45 days after our final determination. In addition, we are
making available to the ITC all non-privileged and nonproprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an 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
from warehouse, 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
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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
We are issuing and publishing the final determination in accordance
with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
[[Page 97601]]
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 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. A ll 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. Use of Facts Otherwise Available and Adverse Inferences
IV. Analysis of Programs
V. Discussion of the Issue
Comment: Whether Commerce Should Depart From the Adverse Facts
Available (AFA) Hierarchy To Determine the AFA Rates
VI. Recommendation
[FR Doc. 2024-28798 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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