Notice2025-01999
Melamine From Germany, Japan, the Netherlands, and Trinidad and Tobago: Antidumping Duty Orders
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
January 31, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the antidumping duty orders on melamine from Germany, Japan, the Netherlands, and Trinidad and Tobago.
Full Text
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<title>Federal Register, Volume 90 Issue 20 (Friday, January 31, 2025)</title>
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[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Notices]
[Pages 8701-8703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01999]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-852, A-588-882, A-421-817, A-274-810]
Melamine From Germany, Japan, the Netherlands, and Trinidad and
Tobago: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the antidumping duty orders on
melamine from Germany, Japan, the Netherlands, and Trinidad and Tobago.
DATES: Applicable January 31, 2025.
FOR FURTHER INFORMATION CONTACT: Noah Wetzel at (202) 482-7466
(Germany); George McMahon at (202) 482-1167 (Japan); Janae Martin at
(202) 482-0238 (the Netherlands); and Brittany Bauer at (202) 482-3860
(Trinidad and Tobago), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act) on December 9, 2024, Commerce published in
the Federal Register its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of melamine from Germany, Japan,
the Netherlands, and Trinidad and Tobago.\1\ On January 23, 2025, the
ITC notified Commerce of its final affirmative determinations, pursuant
to section 735(d) of the Act, that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act by reason of LTFV imports of melamine from Germany, Japan, and the
Netherlands, and that an industry in the United States is threatened
with material injury by reason of imports of such merchandise from
Trinidad and Tobago that are sold in the United States at LTFV.\2\
Further, the ITC determined that critical circumstances do not exist
with respect to LTFV imports of melamine from Japan.\3\
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\1\ See Melamine from Germany: Final Affirmative Determination
of Sales at Less Than Fair Value, 89 FR 97584 (December 9, 2024)
(Germany Final Determination); Melamine from Japan: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, In Part, 89 FR
97601 (December 9, 2024) (Japan Final Determination); Melamine from
the Netherlands: Final Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 97590 (December 9, 2024) (Netherland Final
Determination); and Melamine from Trinidad and Tobago: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, In Part, 89 FR
97598 (December 9, 2024) (Trinidad and Tobago Final Determination)
(collectively, the Final Determinations).
\2\ See ITC's Letter, Notification Letter: Investigation Nos.
701-TA-706, 708-709 and 731-TA-1667, 1669-1670, 1672 (Final), dated
January 23, 2025 (ITC Notification Letter).
\3\ Having made a determination that an industry in the United
States is threatened with material injury by reason of imports of
melamine from Trinidad and Tobago, the ITC did not reach the issue
of critical circumstances regarding subject imports from Trinidad
and Tobago. See Melamine from Germany, Japan, Netherlands, Qatar,
and Trinidad and Tobago, Investigation Nos. 701-TA-706, 708-709 and
731-TA-1667, 1669-1670, 1672 (Final), dated January 23, 2025 (ITC
Final Report).
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Scope of the Orders
The product covered by these orders is melamine from Germany,
Japan, the Netherlands, and Trinidad and Tobago. For a complete
description of the scope of these orders, see the appendix to this
notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of LTFV imports of melamine from Germany, Japan, and the
Netherlands, and that an industry in the United States is threatened
with material injury by reason of imports of such merchandise from
Trinidad and Tobago,\4\ and, in accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing these antidumping duty orders.
Because the ITC determined that an industry in the United States is
materially injured by reason of imports of melamine from Germany,
Japan, the Netherlands, and Trinidad and Tobago are materially
injuring, or threatening to material injury a U.S. industry,\5\
unliquidated entries of such merchandise from Germany, Japan, the
Netherlands, and Trinidad and Tobago, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
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\4\ Id.
\5\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of melamine from Germany, Japan, the Netherlands, and
Trinidad and Tobago. For all relevant entries of melamine from Germany,
Japan, and the Netherlands, antidumping duties will be assessed on
unliquidated entries of melamine entered, or withdrawn from warehouse,
for consumption on or after June 26, 2024, the date of publication of
the Preliminary Determinations in the Federal Register, but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.\6\
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\6\ See Melamine from Germany: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 77822
(September 24, 2024) (Germany Preliminary Determination) and
accompanying Preliminary Decision Memorandum (PDM); see also
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) (Japan
Preliminary Determination) and accompanying PDM; Melamine from the
Netherlands: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 77829 (September 24, 2024) (Netherlands
Preliminary Determination) and accompanying PDM; and Melamine from
Trinidad and Tobago: Preliminary Affirmative Determination of Sales
at Less Than Fair Value and Affirmative Determination of Critical
Circumstances, In Part, 89 FR 77814 (September 24, 2024) (Trinidad
and Tobago Preliminary Determination) and accompanying PDM
(collectively, the Preliminary Determinations).
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[[Page 8702]]
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted without the imposition of suspension of liquidation of
entries since Commerce's preliminary determination.
Additionally, section 736(b)(2) of the Act requires CBP to refund
any cash deposits or bonds of estimated antidumping duties posted since
the preliminary antidumping determination if the ITC's final
determination is threat-based.
Because the ITC's final determination for Trinidad and Tobago is
based on the threat of material injury and is not accompanied by a
finding that injury would have resulted but for the imposition of
suspension of liquidation of entries since the Trinidad and Tobago
Preliminary Determination, section 736(b)(2) of the Act is
applicable.\7\ Therefore, Commerce will instruct CBP to assess duties
on entries of melamine from Trinidad and Tobago entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the ITC's notice of final determination of threat of material injury in
the Federal Register, in accordance with the dumping margins listed in
the rate chart below for Trinidad and Tobago.
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\7\ See ITC Final Report at 1, footnote 4.
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Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of melamine from Japan, we will instruct CBP
to lift the suspension of liquidation and to refund all cash deposits
for estimated antidumping duties with respect to entries of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after June 26, 2024, i.e., 90 days prior to the date of the publication
of the Japan Preliminary Determination, but before September 24, 2024,
the date of publication of the Japan Preliminary Determination.
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce
intends to instruct CBP to continue to suspend liquidation of all
relevant entries of melamine from Germany, Japan, the Netherlands, and
Trinidad and Tobago. These instructions suspending liquidation will
remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits at a
rate equal to the estimated weighted-average dumping margins indicated
in the table below. Accordingly, effective on the date of publication
in the Federal Register of the notice of the ITC's final affirmative
injury determinations, CBP will require, at the same time that
importers would normally deposit estimated duties on the merchandise, a
cash deposit equal to the rates listed below. The relevant all-others
rates apply to all producers or exporters not specifically listed.
Estimated Weighted-Average Dumping Margins
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
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Weighted-average
Country Exporter/producer dumping margin
(percent)
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Germany...................... LAT Nitrogen 218.73
Piesteritz GmbH.
All Others........... 179.24
Japan........................ Mitsui Chemicals, Inc 127.69
All Others........... 115.11
Netherlands.................. OCI Nitrogen B.V..... 72.16
All Others........... 53.50
Trinidad and Tobago.......... Methanol Holdings 146.85
(Trinidad) Limited.
All Others........... 98.32
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination, may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months.
Commerce published the Preliminary Determinations in these
investigations in the Federal Register on September 24, 2024.\8\
Commerce did not extend the deadline for issuing its final
determinations in these investigations, which it published in the in
the Federal Register on December 9, 2024. Therefore, the four-month
period beginning on the date of publication of the Preliminary
Determination ended on January 21, 2025.
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\8\ See Preliminary Determinations.
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Consequently, in accordance with section 733(d) of the Act and its
practice,\9\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of melamine from Germany, Japan, the Netherlands,
and Trinidad and Tobago entered or withdrawn from warehouse for
consumption, after January 21, 2025, the final day on which the
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determinations in the Federal Register.
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\9\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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[[Page 8703]]
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\10\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\11\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\12\
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\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\11\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\12\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \13\
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\13\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL--January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\14\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\14\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioner \16\ and Governments of Germany, Japan, the
Netherlands, and Trinidad and Tobago should submit their initial
entries of appearance after publication of this notice in order to
appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of
Germany, Japan, the Netherlands, and Trinidad and Tobago will not need
to resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the Governments of Germany, Japan, the Netherlands, and Trinidad
and Tobago are responsible for making amendments to their entries of
appearance during the annual update to the annual inquiry service list
in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
\16\ The petitioner is Cornerstone Chemical Company.
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Notification to Interested Parties
This notice constitutes the AD Orders with respect to melamine from
Germany, Japan, the Netherlands, and Trinidad and Tobago, pursuant to
section 736(a) of the Act. Interested parties can find a list of AD
orders currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are published in accordance with sections 736(a) of
the Act, and 19 CFR 351.211(b).
Dated: January 27, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise subject to these orders 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 these orders 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 these orders. Melamine that is otherwise
subject to these orders is not excluded when commingled with
melamine from sources not subject to these orders. Only the subject
component of such commingled products is covered by the scope of
these orders.
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. 2025-01999 Filed 1-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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