Notice2025-18442
Hexamethylenetetramine From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part
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 countervailable subsidies are being provided to producers and exporters of hexamethylenetetramine (hexamine) from India. The period of investigation (POI) is April 1, 2023, through March 31, 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 45720-45722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18442]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-933]
Hexamethylenetetramine From India: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, in Part
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 hexamethylenetetramine (hexamine) from India. The period of
investigation (POI) is April 1, 2023, through March 31, 2024.
DATES: Applicable September 23, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2025, Commerce published in the Federal Register its
Preliminary Determination in the countervailing duty (CVD)
investigation on hexamine from India and invited parties to comment.\1\
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 CVD determination with the
final determination in the less-than-fair-value investigation of
hexamine from India.\2\ On August 27, 2025, the petitioner filed a
timely critical circumstances allegation pursuant to section 703(e)(1)
[[Page 45721]]
of the Act and 19 CFR 351.206(c)(1).\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 India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 90 FR 11512
(March 7, 2025) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Determination, 90 FR at 11513.
\3\ See Petitioner's Letter, ``Critical Circumstances
Allegation,'' dated August 27, 2025. The petitioner is Bakelite LLC.
\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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For a complete description of the events that followed the
Preliminary Determination, see 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 of the Countervailing Duty
Investigation of Hexamethylenetetramine from India,'' 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 India.
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, in May 2025, Commerce
conducted verification of the information reported by Kanoria Chemicals
and Industries Limited (Kanoria) for use in our final determination. We
used standard verification procedures, including an examination of
relevant account records and original source documents provided by
Kanoria.\6\
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\6\ See Memorandum, ``Verification of the Questionnaire
Responses of Kanoria Chemicals and Industries Limited and Vardhan
Limited,'' dated June 2 2025.
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Final Affirmative Determination of Critical Circumstances, in Part
Pursuant to sections 705(a)(2)(A) and (B) of the Act and 19 CFR
351.206, we find that critical circumstances do not exist for Kanoria
and all other producers and exporters except that we find that critical
circumstances exist for non-responsive producers and exporters, i.e.,
Horizon Chemicals, Micro Labs Ltd., Shreenathji Rasayan Private
Limited, and Rajsha Chemicals Pvt. Ltd. For a full discussion of
Commerce's critical circumstances analysis, see the Issues and Decision
Memorandum.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation are discussed in the Issues and Decision
Memorandum. For a complete list of the issues raised by parties to
which we responded in the Issues and Decision Memorandum, see Appendix
II.
Methodology
Commerce conducted this investigation in accordance with section
701 of 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.\7\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\7\ 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, in part, on
facts otherwise available, with adverse inferences (AFA), pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
methodology, including our application of AFA, see the Preliminary
Determination \8 \and the Issues and Decision Memorandum.
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\8\ See Preliminary Determination PDM at 4-30.
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Changes Since the Preliminary Determination
Based on our review of the information examined at verification and
analysis of the comments received from interested parties, we made
certain changes to the countervailable subsidy rate calculations for
Kanoria which, in turn, affected the rates assigned to all other
producers/exporters. For a discussion of these changes, see the Issues
and Decision Memorandum.
All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
sole mandatory respondent, Kanoria. Section 705(c)(5)(A)(i) of the Act
states that, for companies not individually investigated, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any rates that are zero,
de minimis, or determined entirely under section 776 of the Act.
In this investigation, Commerce calculated an individual estimated
countervailable subsidy rate for the sole mandatory respondent,
Kanoria, that is not zero, de minimis, or based entirely on the facts
otherwise available. Consequently, we assigned the rate calculated for
Kanoria as the rate for all-other producers and exporters.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist for the period April 1, 2023,
through March 31, 2024:
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Subsidy rate
Company (percent ad
valorem)
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Kanoria Chemicals and Industries Limited \9\............ 2.34
Horizon Chemicals....................................... * 139.57
Micro Labs Ltd.......................................... * 139.57
Shreenathji Rasayan Private Limited..................... * 139.57
Rajsha Chemicals Pvt. Ltd............................... * 139.57
All Others.............................................. 2.34
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* Rate based on total AFA.
Disclosure
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\9\ Commerce continues to find the following company to be
cross-owned with Kanoria Chemicals and Industries Limited: Vardhan
Limited.
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Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of its
public announcement or, if there is no public announcement, within five
days of the date of the publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
[[Page 45722]]
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 from India that
were entered, or withdrawn from warehouse, for consumption on or after
March 7, 2025, the date of publication of the Preliminary Determination
in the Federal Register.\10\ In accordance with section 703(d) of the
Act, we instructed CBP to discontinue the suspension of liquidation of
all entries of subject merchandise entered or withdrawn from warehouse,
on or after July 5, 2025, but to continue the suspension of liquidation
of all entries of subject merchandise on or before July 4, 2025.
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\10\ See Preliminary Determination 90 FR at 11513.
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In accordance with section 705(c)(4)(B) of the Act, for all
companies for which we made an affirmative determination of critical
circumstances, we will direct CBP to suspend liquidation of entries of
subject merchandise from India entered, or withdrawn from warehouse for
consumption, on or after December 7, 2024, 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
critical circumstances existed until after the publication of the
Preliminary Determination and 22 days before the scheduled date of the
final determination, for such any party receiving an affirmative
critical circumstance determination, we shall instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin
established in the Preliminary Determination for the period prior to
the publication of the Preliminary Determination in the Federal
Register.\11\
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\11\ See section 705(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 703(b) was affirmative, but the preliminary
determination under section 703(e)(1) was negative, modify any
suspension of liquidation and security requirement previously
ordered under section 703(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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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD 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. Pursuant to
section 705(c)(2) of the Act, 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
cancelled.
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 hexamine
from India. 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 hexamine from India. 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 the 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 CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Suspension of Liquidation''
section.
Administrative Protective Order
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: 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 investigations if performed in the subject
country.
Merchandise covered by the scope of the investigations 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. Use of Facts Otherwise Available and Application of Adverse
Inferences
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of the Issue
Comment: Export Sales Values Adjustment
VII. Recommendation
[FR Doc. 2025-18442 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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