[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68849-68851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28349]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-274-807]


Melamine From Trinidad and Tobago: Final Affirmative 
Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to a producer and exporter 
of melamine from Trinidad and Tobago. For more information on the 
estimated subsidy rate, see the ``Final Determination'' section of this 
notice.

DATES: Effective: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Patricia Tran, 
Office III, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4793, or (202) 482-1503, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Petitioner in this investigation is Cornerstone Chemical Company. 
In addition to the Government of the Republic of Trinidad and Tobago, 
the mandatory respondent is Methanol Holdings (Trinidad) Ltd. (MHTL). 
The period of investigation for which we measured subsidies is January 
1, 2013, through December 31, 2013.

Case History

    The events that occurred in this investigation since the Department 
published the Preliminary Determination on April 20, 2015,\1\ are 
discussed in the Final Decision Memorandum, which is hereby adopted by 
this notice.\2\ The Final 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 http://access.trade.gov and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Final Decision Memorandum can be accessed directly on 
the internet at http://enforcement.trade.gov/frn/index.html. The signed 
Final Decision Memorandum and the electronic version of the Final 
Decision Memorandum are identical in content.
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    \1\ See Melamine from Trinidad and Tobago: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Determination, 80 FR 21708 
(April 20, 2015) (Preliminary Determination).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Issues and Decision Memorandum for the Final Affirmative 
Determination in the Countervailing Duty Investigation of Melamine 
from Trinidad and Tobago,'' dated concurrently with this notice 
(Final Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is melamine (Chemical 
Abstracts Service (CAS) registry number 108-78-01, molecular formula 
C3H6N6).\3\ Melamine is a crystalline 
powder or granule typically (but not exclusively) used to manufacture 
melamine formaldehyde resins. All melamine is covered by the scope of 
this investigation irrespective of purity, particle size, or physical 
form. Melamine that has been blended with

[[Page 68850]]

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.
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    \3\ 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.
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    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.

Analysis of Subsidy Programs and Comments Received

    The Department has conducted this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). The subsidy programs under investigation, the 
changes we made since the Preliminary Determination, the issues raised 
in the case and rebuttal briefs filed by interested parties, and a full 
description of the methodology underlying our conclusions are discussed 
in the Final Decision Memorandum. A list of subsidy programs and the 
issues that parties raised is attached to this notice as an appendix.

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a subsidy rate for MHTL, the only company subject to 
individual examination in this investigation. We determine that MHTL's 
total estimated net countervailable subsidy rate is 6.79 percent ad 
valorem.\4\
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    \4\ We intend to disclose to parties the calculations performed 
in this proceeding within five days of the public announcement of 
this notice in accordance with 19 CFR 351.224(b).
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    Section 705(c)(5)(A)(i) of the Act states that, for companies not 
individually investigated, we will determine an ``all others'' rate 
equal to the weighted-average countervailable subsidy rates established 
for exporters and producers individually investigated, excluding any 
zero and de minimis countervailable subsidy rates, and any rates 
determined entirely under section 776 of the Act. Where the rates for 
investigated companies are zero or de minimis, or based entirely on 
facts otherwise available, section 705(c)(5)(A)(ii) of the Act 
instructs the Department to establish an ``all others'' rate using 
``any reasonable method.'' As MHTL is the only company subject to 
individual examination in this investigation and its rate is not zero, 
de minimis, or based on facts otherwise available, we have assigned the 
6.79 percent ad valorem rate calculated for MHTL as the ``all others'' 
rate in this investigation.
    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to collect cash deposits and suspend liquidation of 
all entries of subject merchandise from Trinidad and Tobago, which were 
entered or withdrawn from warehouse, for consumption on or after April 
20, 2015, the date of the publication of the Preliminary Determination. 
In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the collection of cash deposits and 
suspension of liquidation for CVD purposes for subject merchandise 
entered, or withdrawn from warehouse, on or after August 18, 2015, but 
to continue the collection of cash deposits and suspension of 
liquidation of all entries from April 20, 2015, through August 17, 
2015.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated duties for such entries of 
merchandise in the amounts indicated above. However, 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, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an 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 that is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Decision Memorandum

1. Summary
2. Background
    A. Since Publication of the Preliminary Determination
    B. Comments
3. Scope of the Investigation
4. Subsidies Valuation
    A. Period of Investigation
    B. Allocation Period
    C. Attribution of Subsidies
    D. Denominators
    E. Discount Rates
5. Analysis of Programs
    A. Programs Determined to Be Countervailable
    1. Fiscal Incentives Act: Tax Programs
    a. Corporate Tax Exemption
    b. Customs Duties: Import Duties and VAT Exemption
    2. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    B. Program Determined Not to Be Countervailable
    1. Provision of Electricity for LTAR
    C. Program Determined to Not Confer a Subsidy to MHTL
    1. Bailout Program
    D. Programs Determined Not To Be Used
    1. Certain Income Taxes under the Fiscal Incentives Order
    2. Land and Building Taxes
6. Analysis of Comments
    Comment 1: Whether MHTL Was Cross-Owned with Colonial Life 
Insurance Company (Trinidad) Limited (CLICO)
    Comment 2: Whether the CLICO Bailout Should Be Attributed to 
MHTL
    Comment 3: Whether Any Bailout Subsidies Were Extinguished When 
CLICO Sold Its Shares in MHTL
    Comment 4: Whether the Provision of Natural Gas for LTAR Is 
Countervailable
    Comment 5: Whether the Import Duties and Value Added Tax (VAT) 
Exemption Is Countervailable

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    Comment 6: Whether the VAT Benefit Calculation Should Be Revised
    Comment 7: Whether MHTL's Sales Denominator Should Be Revised
7. Recommendation

[FR Doc. 2015-28349 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P