[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Notices]
[Pages 13528-13529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04861]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-020]
Melamine From the People's Republic of China: Final Results of
the Expedited Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
order on melamine from the People's Republic of China (China) would be
likely to lead to continuation or recurrence of dumping at the levels
indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable March 9, 2021.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0189.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2015, Commerce issued the AD order on melamine from
China.\1\ On November 3, 2020, Commerce published the Notice of
Initiation of the first sunset review of the Order pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On November
10, 2020, Commerce received a notice of intent to participate from
Cornerstone Chemical Company (Cornerstone), a domestic producer of
melamine and the petitioner in the underlying investigation, within the
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Cornerstone claimed
domestic interested party status under section 771(9)(C) of the Act, as
a manufacturer of a domestic like product in the United States.\4\ On
November 25, 2020, Cornerstone filed its timely substantive response
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\
Commerce received no substantive responses from any other interested
parties with respect to the Order covered by this sunset review, nor
was a hearing requested. On December 23, 2020, Commerce notified the
U.S. International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\6\ As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day)
sunset review of the Order.
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\1\ See Melamine from the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders, 80 FR 80751
(December 28, 2015) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585
(November 3, 2020) (Notice of Initiation).
\3\ See Cornerstone's Letter, ``Five-Year (``Sunset'') Review Of
Antidumping Duty Order On Melamine from The People's Republic Of
China: Domestic Interested Party Notice Of Intent To Participate,''
dated November 10, 2020.
\4\ Id.
\5\ See Cornerstone's Letter, ``Five-Year (``Sunset'') Review Of
Antidumping Duty Order On Melamine from The People's Republic Of
China: Domestic Interested Party Substantive Response,'' dated
November 25, 2020.
\6\ See Commerce's Letter, ``Sunset Reviews for November 2020,''
dated December 23, 2020.
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Scope of the Order
The scope of the Order covers melamine (Chemical Abstracts Service
(CAS) registry number 108-78-01, molecular formula C3H6N6).\7\ 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 the Order 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 the
Order. Melamine that is otherwise subject to the Order is not excluded
when commingled with melamine from sources not subject to the Order.
Only the subject component of such commingled products is covered by
the scope of the Order.
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\7\ Melamine is also known as 2,4,6-triamino-striazine; l,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 Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum.\8\ The issues discussed in the Issues and Decision
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the margins of dumping likely to prevail
if the Order were revoked. 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
https://access.trade.gov. A list of topics discussed in the Issues and
Decision Memorandum is included as an Appendix to this notice. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Sunset Review of the Antidumping Duty Order on Melamine
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice.
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to continuation or recurrence of dumping, and that the magnitude
of the dumping margins likely to prevail would be weighted-average
margins of up to 363.31 percent.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely notification of the
destruction of APO materials or conversion to judicial protective
orders is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notifications to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
[[Page 13529]]
Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
Comment 1: Likelihood of Continuation or Recurrence of Dumping
Comment 2: Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021-04861 Filed 3-8-21; 8:45 am]
BILLING CODE 3510-DS-P