Notice2024-28801
Melamine From Germany: Final Affirmative Countervailing Duty 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 the Federal Republic of Germany (Germany). 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 97586-97587]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28801]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-853]
Melamine From Germany: Final Affirmative Countervailing Duty
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 the Federal Republic of Germany (Germany). The period
of investigation is January 1, 2023, through December 31, 2023.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Faris Montgomery, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce published the Preliminary Determination
in the Federal Register.\1\ Commerce invited parties to comment on the
Preliminary Determination.\2\ We received no comments from interested
parties and have accordingly made no changes to the Preliminary
Determination. Accordingly, no decision memoranda accompany this
notice. The Preliminary Determination is hereby adopted in this final
determination. 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 countervailing duty
(CVD) determination with the final antidumping duty determination.\3\
On July 22, 2024, Commerce tolled certain deadlines in this proceeding
by seven days.\4\ The deadline for the final determination is now
December 2, 2024.
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\1\ See Melamine from Germany: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 59053
(July 22, 2024), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id., 89 FR 59053.
\3\ Id., 89 FR 59053-59054.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Investigation
The product covered by this investigation is melamine from Germany.
For a complete description of the scope of this investigation, see
Appendix.
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.
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.\5\
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\5\ 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.
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In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference, pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
application of adverse facts available, see the Preliminary
Determination.
Verification
Because the examined respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determined each of the examined respondents to have been uncooperative,
Commerce did not conduct verification.\6\
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\6\ See Preliminary Determination, 89 FR 39054.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that Commerce
shall determine an estimated all-others rate for companies not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated subsidy rates established for those
companies individually examined, excluding any zero and de minimis
rates and any rates based entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
based
[[Page 97587]]
entirely on facts otherwise available, Commerce may use any reasonable
method to establish the estimated subsidy rate for all other producers
or exporters. Commerce has determined the individually estimated
subsidy rate for the individually examined respondent under section 776
of the Act. Consequently, as a reasonable method, Commerce is
determining the all-others rate based on the rate determined for LAT
Nitrogen Piesteritz GmbH (LAT Nitrogen), the mandatory respondent in
this investigation, as determined under section 776 of the Act.\7\ For
a full description of the methodology underlying Commerce's analysis,
see the Preliminary Decision Memorandum.\8\
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\7\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); and Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
\8\ See Preliminary Determination PDM at 8-14.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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LAT Nitrogen Piesteritz GmbH.............................. 29.72
All Others................................................ 29.72
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Disclosure
Normally, Commerce discloses to interested parties 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
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, effective November
20, 2024, we instructed CBP to discontinue the suspension of
liquidation of all entries at that time, but to continue the suspension
of liquidation of all entries between July 22, 2024, and November 19,
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 such entries of subject merchandise. 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, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of melamine
from Germany. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of melamine from Germany. 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.
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 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
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.
[FR Doc. 2024-28801 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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