Notice2025-06100
Melamine From India: Antidumping and Countervailing 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
April 9, 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 antidumping duty (AD) and countervailing duty (CVD) orders on melamine from India.
Full Text
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<title>Federal Register, Volume 90 Issue 67 (Wednesday, April 9, 2025)</title>
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[Federal Register Volume 90, Number 67 (Wednesday, April 9, 2025)]
[Notices]
[Pages 15221-15224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06100]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-924, C-533-925]
Melamine From India: Antidumping and Countervailing 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 antidumping duty (AD) and
countervailing duty (CVD) orders on melamine from India.
DATES: Applicable April 9, 2025.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo (AD) or Paul Kebker (CVD),
AD/CVD Operations, Offices VII and IV,
[[Page 15222]]
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2371 and (202) 482-2254, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d), 735(d), and 777(i) of the
Tariff Act of 1930, as amended (the Act), on February 12, 2025,
Commerce published its affirmative final determination of sales at less
than fair value (LTFV) from India and its affirmative final
determination that countervailable subsidies are being provided to
producers and exporters of melamine from India.\1\ As part of these
determinations, Commerce made affirmative critical circumstances
findings for Gujarat State Fertilizers and Chemicals Limited (GSFC) in
the LTFV investigation and for GSFC and the all other producers and/or
exporters in the CVD investigation.
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\1\ See Melamine from India: Final Affirmative Countervailing
Duty Determination and Critical Circumstances Determination, 90 FR
9413 (February 12, 2025) (AD Final Determination); see also Melamine
from India: Final Affirmative Determination of Sales at Less Than
Fair Value and Affirmative Determination of Critical Circumstances,
In Part, 90 FR 9415 (February 12, 2025) (CVD Final Determination).
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On March 31, 2025, the ITC notified Commerce of its affirmative
final determination that an industry in the United States is materially
injured within the meaning of section 705(b)(1)(A)(i) of the Act.\2\
Further, the ITC determined that critical circumstances do not exist
with respect to imports of melamine from India.\3\
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\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated March 31, 2025.
\3\ Id.
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Scope of the Orders
The products covered by these orders are melamine from India. For a
complete description of the scope of the orders, see the appendix to
this notice.
Antidumping Duty Order
On March 31, 2025, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination 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 imports of melamine
that are sold in the United States at less than fair value. Therefore,
in accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Because the ITC determined that imports of
melamine from India are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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 India. Antidumping duties will be
assessed on unliquidated entries of melamine from India entered, or
withdrawn from warehouse, for consumption on or after September 24,
2024, the date of publication of the AD Preliminary Determination 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.\4\
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\4\ See Melamine from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Affirmative
Determination of Critical Circumstances, in Part, 89 FR 77832
(September 24, 2024) (AD Preliminary Determination).
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Critical Circumstances--AD
With respect to the ITC's negative critical circumstances
determination on imports of melamine from India, 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 AD Preliminary Determination), but before September 24, 2024,
the date of publication of the AD Preliminary Determination.
Suspension of Liquidation and Cash Deposits--AD
Commerce intends to instruct CBP to reinstitute the suspension of
liquidation of melamine from India, effective on the date of
publication of the ITC Final Determination in the Federal Register, and
to assess, upon further instruction by Commerce, antidumping duties on
each entry of subject merchandise based on the estimated weighted-
average dumping margins indicated in the table below. These
instructions suspending liquidation will remain in effect until further
notice. Commerce also intends to instruct CBP to require cash deposits
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 determination, CBP will require, at the same time as importers
would normally deposit estimated customs duties on this subject
merchandise, a cash deposit equal to the rates listed in the table
below. The all-others rate applies to all producers and exporters not
specifically listed below, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Cash deposit rate
Weighted-average (adjusted for
Exporter or producer dumping margin subsidy offset(s))
(percent) (percent) \5\
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Gujarat State Fertilizers * 632.74 626.27
and Chemicals Limited......
All Others.................. 513.28 506.81
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* Rate based on facts available with adverse inferences.
Provisional Measures--AD
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 where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the AD Preliminary Determination on
[[Page 15223]]
September 24, 2024. On October 23, 2024, Commerce extended the
provisional measures from a four-month period to a period of not more
than six months.\6\
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\5\ Adjusted for export subsidies of 6.47 percent (comprised of
2.69 percent for the RoDTEP program and 3.78 percent for the DDB
program) for GSFC and all others. See CVD Final Determination.
\6\ See Melamine from India: Postponement of Final Determination
of Sales at Less Than Fair Value Investigation, 89 FR 84533 (October
23, 2024).
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The provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ended on March 22,
2025. Therefore, in accordance with section 733(d) of the Act, Commerce
intends to instruct CBP to terminate the suspension of liquidation and
to liquidate, without regard to antidumping duties, unliquidated
entries of melamine from India entered, or withdrawn from warehouse,
for consumption on or after March 23, 2025, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC Final Determination. Suspension of
liquidation and the collection of cash deposits will resume on the date
of publication of the ITC Final Determination in the Federal Register.
Countervailing Duty Order
As stated above, based on the above-referenced affirmative
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act, by reason of subsidized imports of melamine from India, in
accordance with sections 705(c)(2) and 706 of the Act, Commerce is
issuing this CVD order. Because the ITC determined that imports of
melamine from India are materially injuring a U.S. industry,
unliquidated entries of such merchandise entered, or withdrawn from
warehouse, for consumption, are subject to the assessment of
countervailing duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of melamine from India,
which are entered, or withdrawn from warehouse, for consumption on or
after July 22, 2024, the date of the publication of the CVD Preliminary
Determination,\7\ but will not include entries occurring after the
expiration of the provisional measures and before the publication in
the Federal Register of the ITC's final injury determination under
section 705(b) of the Act, as further described in the ``Provisional
Measures--CVD'' section of this notice.
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\7\ See Melamine from India: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative Critical
Circumstances Determination, and Alignment of Final Determination
With the Final Antidumping Duty Determination, 89 FR 59055 (July 22,
2024) (CVD Preliminary Determination).
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Critical Circumstances--CVD
With respect to the ITC's negative critical circumstances
determination on imports of melamine from India, we will instruct CBP
to lift the suspension of liquidation and to refund all cash deposits
for estimated countervailing duties with respect to entries of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after April 23, 2024 (i.e., 90 days prior to the date
of the publication of the CVD Preliminary Determination), but before
July 22, 2024, the date of publication of the CVD Preliminary
Determination.
Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of melamine
from India, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, countervailing duties on
each entry of subject merchandise in an amount based on the net
countervailable subsidy rates below. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\8\ The all-others rate applies to all producers and exporters
not specifically listed below, as appropriate.
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\8\ See section 706(a)(3) of the Act.
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Estimated CVD Subsidy Rates
The estimated CVD subsidy rates as published in Commerce's CVD
Final Determination are as follows:
------------------------------------------------------------------------
Subsidy rate
Exporter/producer (percent ad
valorem)
------------------------------------------------------------------------
Gujarat State Fertilizers and Chemicals Limited......... * 276.06
All Others.............................................. 276.06
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* Rate based on facts available with adverse inferences.
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on July 22, 2024.\9\ As such, the four-month
period beginning on the date of the publication of the CVD Preliminary
Determination ended on November 18, 2024.
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\9\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of melamine from India entered, or withdrawn from warehouse,
for consumption, on or after November 19, 2024, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC Final Determination.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC Final Determination in the
Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\10\ On September 27, 2021, Commerce also published
the Procedural Guidance 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.
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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).
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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>,
[[Page 15224]]
within five business days of publication 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.'' \12\
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\12\ 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,\13\ 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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\13\ 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. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners 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.'' \14\ Accordingly, as stated
above, the petitioner and the Government of India should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for those orders
for which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Government of India 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 Government of India 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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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
melamine from India, pursuant to sections 736(a) and 706(a) of the Act.
Interested parties can find a list of AD and CVD 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 issued and published in accordance with sections
736(a) and 706(a) of the Act, and 19 CFR 351.211(b).
Dated: April 3, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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
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. 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. 2025-06100 Filed 4-8-25; 8:45 am]
BILLING CODE 3510-DS-P
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