[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17381-17385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05126]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-853, C-533-925, C-518-002, C-274-811]
Melamine From Germany, India, Qatar, and Trinidad and Tobago:
Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Faris Montgomery
(Germany), Paul Kebker or Dylan Hill (India), Sofia Pedrelli (Qatar),
and Colin Thrasher (Trinidad and Tobago), AD/CVD Operations, Offices
VIII, IV, II, and V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068, (202) 482-1537,
(202) 482-2254, (202) 482-1197, (202) 482-4310, or (202) 482-3004,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On February 14, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
melamine from Germany, India, Qatar, and Trinidad and Tobago filed in
proper form on behalf of Cornerstone Chemical Company (the
petitioner).\1\ The CVD petitions were accompanied by antidumping duty
(AD) petitions concerning imports of melamine from Germany, India,
Japan, the Netherlands, Qatar, and Trinidad and Tobago.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated February 14, 2024
(the Petitions).
\2\ Id.
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Between February 16 and 20, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ Between
February 22 and 26, 2024, the petitioner filed timely responses to
these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Melamine from the Federal
Republic of Germany: Supplemental Questions,'' dated February 20,
2024; ``Petition for the Imposition of Countervailing Duties on
Imports of Melamine from India: Supplemental Questions,'' dated
February 20, 2024; ``Petition for the Imposition of Countervailing
Duties on Imports of Melamine from the State of Qatar: Supplemental
Questions,'' dated February 16, 2024; and ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Melamine from Germany, India, Japan, the Netherlands, Qatar, and
Trinidad and Tobago: Supplemental Questions,'' dated February 16,
2024 (General Issues Questionnaire).
\4\ See Petitioner's Letters, ``Petitioner's Response to Volume
I General Issues Supplemental Questionnaire,'' dated February 22,
2024 (General Issues Supplement); ``Petitioner's Response to Volume
VIII Supplemental Questionnaire (Germany Countervailing Duties),''
dated February 23, 2024 (Germany CVD Supplement); ``Petitioner's
Response to Volume IX Supplemental Questionnaire (India
Countervailing Duties),'' dated February 26, 2024; and
``Petitioner's Response to Volume X Supplemental Questionnaire
(Qatar Countervailing Duties),'' dated February 22, 2024.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of
Germany (GOG), the Government of India (GOI), the Government of Qatar
(GOQ), and the Government of Trinidad and Tobago (GOTT) (collectively,
Governments) are providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of melamine
from Germany, India, Qatar, and Trinidad and Tobago, respectively, and
that such imports are materially injuring, or threatening material
injury to, the domestic industry producing melamine in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating CVD
investigations, the Petitions were accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on February 14, 2024, the periods
of investigation (POI) for Germany, India, Qatar, and Trinidad and
Tobago are January 1, 2023, through December 31, 2023.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations is melamine from
Germany, India, Qatar, and Trinidad and Tobago. For a full description
of the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On February 16, 2024, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On February 22, 2024 the petitioner provided clarifications
and revised the scope.\8\ The description of merchandise covered by
these investigations, as described in the appendix to this notice,
reflects these revisions.
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\7\ See General Issues Questionnaire.
\8\ See General Issues Supplement at 5-8.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to
[[Page 17382]]
public information.\10\ To facilitate preparation of its
questionnaires, Commerce requests that scope comments be submitted by
5:00 p.m. Eastern Time (ET) on March 25, 2024, which is 20 calendar
days from the signature date of this notice.\11\ Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
April 4, 2024, which is 10 calendar days from the initial comment
deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\13\
Commerce held consultations with the GOTT on February 23, 2024,\14\ the
GOG and the European Union Commission on February 28, 2024,\15\ and the
GOI on March 4, 2024.\16\ The GOQ did not request consultations.
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\13\ See Commerce's Letters, ``Countervailing Duty Petition on
Melamine from the Federal Republic of Germany: Invitation for
Consultations,'' dated February 15, 2024; ``Invitation for
Consultations to Discuss the Countervailing Duty Petition on
Melamine from India,'' dated February 15, 2024; ``Countervailing
Duty Petition on Melamine from the State of Qatar: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
February 15, 2024; and ``Countervailing Duty Petition on Melamine
from Trinidad and Tobago,'' dated February 15, 2024.
\14\ See Memorandum, ``Consultations with Officials from the
Government of Trinidad and Tobago,'' dated February 23, 2024.
\15\ See Memorandum, ``Consultations with Officials from the
Government of Germany and the European Union,'' dated February 28,
2024.
\16\ See Memorandum, ``Consultations with Officials from the
Government of India,'' dated March 4, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
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\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\19\ Based on our analysis of the information
submitted on the record, we have determined that melamine, as described
in the domestic like product definition set forth in the Petitions,
constitutes a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\20\
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\19\ See Petitions at Volume I (pages 14-17 and Exhibits I-3
through I-5, I-21, and I-22).
\20\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see CVD Investigation Initiation Checklists: Melamine from Germany,
India, Qatar, and Trinidad and Tobago, dated concurrently with, and
hereby adopted by, this notice (Country-Specific CVD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Melamine from
Germany, India, Japan, the Netherlands, Qatar, and Trinidad and
Tobago (Attachment II). These checklists are on file electronically
via ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023.\21\ The petitioner
states that there are no other known producers of melamine in the
United States and provided information to support its claim; therefore,
the Petitions are supported by 100 percent of the U.S. industry.\22\ We
relied on data provided by the petitioner for purposes of measuring
industry support.\23\
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\21\ See Petitions at Volume I (page 5 and Exhibit I-1).
\22\ Id. at 5 and Exhibits I-1, I-3 and I-8.
\23\ Id. For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
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Our review of the data provided in the Petitions and other
information readily
[[Page 17383]]
available to Commerce indicates that the petitioner has established
industry support for the Petitions.\24\ First, the Petitions
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, Commerce is not required to take further action
to evaluate industry support (e.g., polling).\25\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petitions account for at least
25 percent of the total production of the domestic like product.\26\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petitions
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petitions.\27\ Accordingly, Commerce
determines that the Petitions were filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.\28\
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\24\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\25\ Id.; see also section 702(c)(4)(D) of the Act.
\26\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\27\ Id.
\28\ Id.
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Injury Test
Because Germany, India, Qatar, and Trinidad and Tobago are
``Subsidies Agreement Countries'' within the meaning of section 701(b)
of the Act, section 701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC must determine whether imports of
the subject merchandise from Germany, India, Qatar, and/or Trinidad and
Tobago materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from Germany, India, Qatar, and Trinidad
and Tobago exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\29\
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\29\ See Petitions at Volume I (pages 17-18 and Exhibit I-23).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume of subject imports; reduced
market share; underselling and price depression and/or suppression;
lost sales and revenues; decline in shipments, production, and capacity
utilization; and adverse effect on financial performance.\30\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence and meet the statutory
requirements for initiation.\31\ In accordance with section
771(7)(G)(ii)(III) of the Act, which provides an exception to the
mandatory cumulation provision for imports from any country designated
as a beneficiary country under the Caribbean Basin Economic Recovery
Act (CBERA), we considered the petitioner's allegation of injury with
respect to Trinidad and Tobago, a designated beneficiary under CBERA,
independently of the allegations for Germany, India, and Qatar, and
found that the information provided satisfies the requirements for
initiation.\32\
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\30\ See Petitions at Volume I (pages 1-3, 17-40 and Exhibits I-
1, I-3 through I-5, I-8, I-13, and I-23 through I-31).
\31\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Melamine from Germany, India, Japan, the
Netherlands, Qatar, and Trinidad and Tobago.
\32\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of melamine from Germany, India, Qatar, and Trinidad
and Tobago benefit from countervailable subsidies conferred by the GOG,
GOI, GOQ, and GOTT, respectively. In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 65 days after the date of
these initiations.
Germany
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 11 of the
programs alleged by the petitioner.\33\ For a full discussion of the
basis for our decision to initiate on each program, see the Germany CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
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\33\ We note that the petitioner withdrew an allegation for one
program in the Petition, the Special Equalization Scheme (SES)--
Reduced Surcharge Under the KWKG program. See Germany CVD Supplement
at 10.
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India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 19 of the
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Qatar
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all seven
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Qatar CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Trinidad and Tobago
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on both of the
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Trinidad and
Tobago CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner identified one company in Germany
(i.e., LAT Nitrogen Piesteritz GmbH), one company in India (i.e.,
Gujarat State Fertilizer and Chemicals Limited), two companies in Qatar
(i.e., Qatar Melamine Company; and Muntajat Qatar Chemical and
Petrochemical Marketing and Distribution Company), and one company in
Trinidad and Tobago (i.e., Methanol Holdings (Trinidad) Limited) as
producers and/or exporters of melamine and provided independent third-
party information as
[[Page 17384]]
support.\34\ We currently know of no additional producers/exporters of
melamine products from Germany, India, Qatar, and Trinidad and Tobago.
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\34\ See Petition at Volume I (page 13 and Exhibit I-18).
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Accordingly, Commerce intends to individually examine all known
producers/exporters in the investigations from these countries (i.e.,
the companies cited above). We invite interested parties to comment on
this issue. Such comments may include factual information within the
meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so
within three business days of the publication of this notice in the
Federal Register. Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because
we intend to examine all known producers/exporters in Germany, India,
Qatar, and Trinidad and Tobago, if no comments are received or if
comments received further support the existence of only these
producers/exporters in Germany, India, Qatar, and Trinidad and Tobago,
respectively, we do not intend to conduct respondent selection and will
proceed to issuing the initial CVD questionnaires to the companies
identified. However, if comments are received which create a need for a
respondent selection process, we intend to finalize our decisions
regarding respondent selection within 20 days of publication of this
notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOG, GOI, GOQ, and GOTT via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions was filed, whether there is a reasonable
indication that imports of melamine from Germany, India, Qatar, and/or
Trinidad and Tobago are materially injuring, or threatening material
injury to, a U.S. industry.\35\ A negative ITC determination for any
country will result in the investigation being terminated with respect
to that country.\36\ Otherwise, these CVD investigations will proceed
according to statutory and regulatory time limits.
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\35\ See section 703(a)(1) of the Act.
\36\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \37\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\38\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\39\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\40\
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\39\ See 19 CFR 351.302.
\40\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties must use the certification formats provided in 19 CFR
351.303(g).\42\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing
the required letters of appearance). Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\43\
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\43\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
[[Page 17385]]
Dated: March 5, 2024.
Ryan Majerus,
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 Investigations
The merchandise subject to these investigations 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 investigations
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
investigations. Melamine that is otherwise subject to these
investigations is not excluded when commingled with melamine from
sources not subject to these investigations. Only the subject
component of such commingled products is covered by the scope of
these investigations.
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. 2024-05126 Filed 3-8-24; 8:45 am]
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