Notice2025-18440
Hexamethylenetetramine From Germany: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Affirmative Determination of Critical Circumstances
Primary source
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Published
September 23, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that hexamethylenetetramine (hexamine) from Germany is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2023, through June 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 182 (Tuesday, September 23, 2025)</title>
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[Federal Register Volume 90, Number 182 (Tuesday, September 23, 2025)]
[Notices]
[Pages 45728-45730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18440]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-854]
Hexamethylenetetramine From Germany: Final Affirmative
Determination of Sales at Less-Than-Fair-Value and Final Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
hexamethylenetetramine (hexamine) from Germany is being, or is likely
to be, sold in the United States at less than fair value (LTFV). The
period of investigation is July 1, 2023, through June 30, 2024.
DATES: Applicable September 23, 2025.
FOR FURTHER INFORMATION CONTACT: Maria Papakostas, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0086.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2025, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
hexamine from Germany, in which we also postponed the final
determination until September 18, 2025, and invited interested parties
to comment on the Preliminary Determination.\1\ On July 18, 2025,
Commerce issued a post-preliminary analysis memorandum in which we made
certain changes to our differential pricing analysis and invited
interested parties to comment.\2\ On August 27,
[[Page 45729]]
2025, Bakelite LLC (the petitioner) filed a timely critical
circumstances allegation pursuant to section 773(e)(1) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.206(b).\3\ Because
the petitioner alleged critical circumstances for the first time 22
days before the scheduled date of the final determination, we did not
make a separate preliminary determination of critical circumstances.\4\
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\1\ See Hexamethylenetetramine from Germany: Preliminary
Affirmative Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 90 FR 19186 (May 6, 2025) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis in the Less-
Than-Fair-Value Investigation of Hexamethylenetetramine from
Germany,'' dated July 18, 2025.
\3\ See Petitioner's Letter, ``Critical Circumstances
Allegation,'' dated August 27, 2025.
\4\ See 19 CFR 351.206(c)(1) (``If the petitioner submits an
allegation of critical circumstances 30 days or more before the
scheduled date of the Secretary's final determination, the
Secretary, based on the available information, will make a
preliminary finding whether there is a reasonable basis to believe
or suspect that critical circumstances exist, as defined in section
703(e)(1) or section 733(e)(1) of the Act (whichever is
applicable)'').
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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.\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 in the Less-Than-Fair-Value
Investigation of Hexamethylenetetramine from Germany,'' 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 hexamine from Germany.
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 from
that published in the Preliminary Determination for the final
determination.
Verification
As provided in section 782(i) of the Act, Commerce conducted
verifications of the sales and cost information submitted by Prefere
Paraform GmbH & Co Kg (Prefere) for use in the final determination. We
used standard verification procedures, including an examination of
relevant sales and accounting records, and original source documents
provided by Prefere.\6\
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\6\ See Memorandum, ``Verification of the Sales and Cost
Responses of Prefere Paraform GmbH & Co Kg in the Less-Than-Fair-
Value Investigation of Hexamethylenetetramine from Germany,'' dated
July 11, 2025.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Final Affirmative Determination of Critical Circumstances
On August 27, 2025, the petitioner alleged that critical
circumstances exist with respect to imports of hexamine from
Germany.\7\ Pursuant to section 735(a)(3) of the Act and 19 CFR
351.206, we find that critical circumstances exist for Prefere,
Fiberpipe GFK Vertriebsgesellschaft (Fiberpipe), and all other
producers and exporters. For a full discussion of Commerce's critical
circumstances analysis, see the Issues and Decision Memorandum.
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\7\ See Petitioner's Letter, ``Critical Circumstances
Allegation,'' dated August 27, 2025.
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Changes Since the Preliminary Determination
We made certain changes to the estimated weighted-average dumping
margin for Prefere since the Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce shall
determine an estimated all-others rate for all exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, Commerce assigned a rate based entirely on
adverse facts available to Fiberpipe. Therefore, the only rate that is
not zero, de minimis, or based entirely on facts otherwise available is
the rate calculated for Prefere. Accordingly, the rate calculated for
Prefere is also assigned as the rate for all other producers and
exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the final estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Prefere Paraform GmbH & Co Kg............................... 59.29
Fiberpipe GFK Vertriebsgesellschaft......................... * 102.14
All Others.................................................. 59.29
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* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of hexamine, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after May 6, 2025, the date of
publication of the Preliminary Determination in the Federal Register.
These suspension of liquidation instructions will remain in effect
until further notice.
In accordance with section 735(a)(3) of the Act, because we find
that critical circumstances exist for Prefere, Fiberpipe, and all other
producers and exporters, we will direct CBP to suspend liquidation of
all entries of subject merchandise entered, or withdrawn from warehouse
for consumption, on or after February 5, 2025, which is 90 days prior
to the date of publication of the Preliminary Determination in the
Federal Register. As noted above, because the petitioner did not allege
that critical circumstances exist until after the publication of the
Preliminary Determination and 22 days before the scheduled date of the
final determination, we shall instruct CBP to require a cash deposit
equal to the estimated weighted-average dumping margin established in
the Preliminary
[[Page 45730]]
Determination for the period prior to the publication of the
Preliminary Determination in the Federal Register.\8\
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\8\ See section 735(c)(4)(B) of the Act (``If the determination
of the administering authority under subsection (a)(2) is
affirmative, then the administering authority shall--(B) in cases
where the preliminary determination by the administering authority
under section 733(b) was affirmative, but the preliminary
determination under section 733(e)(1) was negative, modify any
suspension of liquidation and security requirement previously
ordered under section 733(d) to apply to unliquidated entries of
merchandise entered, or withdrawn from warehouse, for consumption on
or after the date which is 90 days before the date on which
suspension of liquidation was first ordered;'').
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon publication of this notice, we will instruct CBP to
require a cash deposit for estimated antidumping duties as follows: (1)
the cash deposit rate for the companies listed in the table above will
be equal to the company-specific estimated weighted-average dumping
margin determined in this final determination; (2) if the exporter is
not a respondent listed in the table above, but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin listed for the producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the estimated weighted-average dumping
margin for all other producers and exporters listed in the table above.
These suspension of liquidation instructions will remain in effect
until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of our final affirmative determination of sales at LTFV.
Because the final determination in this proceeding is affirmative, in
accordance with sections 735(b)(2) 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 hexamine from Germany no later than 45 days after
this final determination. If the ITC determines that such injury does
not exist, this proceeding will be terminated, all cash deposits posted
will be refunded, and suspension of liquidation will be lifted. If the
ITC determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order (APO)
This notice serves as a final reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
This final determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: September 18, 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 I
Scope of the Investigation
The scope of the investigation covers hexamine in granular form,
with a particle size of 5 millimeters or less, whether stabilized or
unstabilized, whether or not blended, mixed, pulverized, or grounded
with other products, containing 50 percent or more hexamine by
weight.
Hexamine is the common name for hexamethylene tetramine
(Chemical Abstract Service #100-97-0), and is also referred to as
1,3,5,7-tetraazaadamantanemethenamine; HMT; HMTA; 1,3,5,7-
tetraazatricyclo {3.3.1.13,7{time} decane; 1,3,5,7-tetraaza
adamantane; hexamethylenamine. Hexamine has the chemical formula
C<INF>6</INF>H<INF>12</INF>N<INF>4</INF>.
Granular hexamine that has been blended with other product(s) is
included in this scope when the resulting mix contains 50 percent or
more of hexamine by weight, regardless of whether it is blended with
inert additives, co-reactants, or any additives that undergo self-
condensation.
Subject merchandise includes merchandise matching the above
description that has been processed in a third country, including by
commingling, diluting, adding or removing additives, or performing
any other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the subject
country.
Merchandise covered by the scope of the investigation can be
classified in the Harmonized Tariff Schedule (HTSUS) of the United
States under the subheading 2933.69.5000. The HTSUS subheading and
Chemical Abstracts Service registry number are provided for
convenience and customs purposes only; however, 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. Final Affirmative Determination of Critical Circumstances
IV. Changes Since the Preliminary Determination
V. Application of Facts Available With Adverse Inferences
VI. Discussion of the Issue
Comment: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Prefere
VII. Recommendation
[FR Doc. 2025-18440 Filed 9-22-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 23, 2025.
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