[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17413-17418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05127]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-852, A-533-924, A-588-882, A-518-001, A-421-817, A-274-810]
Melamine From Germany, India, Japan, the Netherlands, Qatar, and
Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Kate Johnson (Germany) at (202) 482-
4929; Charles DeFilippo (India) at (202) 482-3797; Carolyn Adie (Japan)
at (202) 482-6250; Fred Baker (the Netherlands) at (202) 482-2924;
Gorden Struck (Qatar) at (202) 482-8151; and Brittany Bauer (Trinidad
and Tobago) at (202) 482-3860, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On February 14, 2024, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of melamine
from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and
Tobago filed in proper form on behalf of Cornerstone Chemical Company
(the petitioner).\1\ These AD Petitions were accompanied by
countervailing duty (CVD) petitions concerning imports of melamine from
Germany, India, Qatar, and Trinidad and Tobago.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated February 14, 2024
(the Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between February 16 and 28, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\3\ The petitioner filed responses to the
supplemental questionnaires between February 22 and 29, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Supplemental Questions,'' dated
February 16, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Germany Supplemental, India
Supplemental, Japan Supplemental, the Netherlands Supplemental,
Qatar Supplemental, and Trinidad and Tobago Supplemental, dated
February 16, 2024; and Memoranda, ``Phone Call,'' dated February 23,
2024, and February 28, 2024, respectively.
\4\ See Petitioner's Letters, ``Petitioner's Response to Volume
I General Issues Supplemental Questionnaire,'' dated February 22,
2024 (General Issues Supplement); see also Country-Specific AD
Supplemental Responses, dated February 22, 2024; Country-Specific
Second AD Supplemental Responses, dated February 27, 2024; and
Trinidad and Tobago Third AD Supplemental Response, dated February
29, 2024.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of melamine from
Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago
are being, or are likely to be, sold in the United States at less than
fair value (LTFV) within the meaning of section 731 of the Act, and
that imports of such products are materially injuring, or threatening
material injury to, the melamine industry in the United States.
Consistent with section 732(b)(1) of the Act, 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 for the
initiation of the requested LTFV investigations.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on February 14, 2024, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for each of
these LTFV investigations is January 1, 2023, through December 31,
2023.
Scope of the Investigations
The product covered by these investigations is melamine from
Germany, India, Japan, the Netherlands, 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
[[Page 17414]]
domestic industry is seeking relief.\6\ On February 22, 2024, the
petitioner provided clarifications and revised the scope.\7\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these revisions.
---------------------------------------------------------------------------
\6\ See General Issues Questionnaire.
\7\ See General Issues Supplement at 5-8.
---------------------------------------------------------------------------
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).\8\ Commerce will consider all scope
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,\9\ all such factual information should be limited to
public information. 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.\10\ 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.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that 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
LTFV 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.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\11\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of melamine to be reported
in response to Commerce's AD questionnaires. This information will be
used to identify the key physical characteristics of the subject
merchandise in order to report the relevant cost of production (COP)
accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe melamine, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on March 25,
2024, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on
April 4, 2024, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of each
of the LTFV investigations.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\13\ 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.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ 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 Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
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
[[Page 17415]]
``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.\15\ Based on our analysis of the information
submitted on the record, we have determined that melamine, as defined
in the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\16\
---------------------------------------------------------------------------
\15\ See Petitions at Volume I (pages 14-17 and Exhibits I-3
through I-5, I-21 and I-22).
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: Melamine
from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and
Tobago, dated concurrently with, and hereby adopted by, this notice
(Country-Specific AD 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.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(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.\17\ The petitioner
stated 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.\18\ We
relied on the data provided by the petitioner for purposes of measuring
industry support.\19\
---------------------------------------------------------------------------
\17\ See Petitions at Volume I (page 5 and Exhibit I-1).
\18\ Id. at 5 and Exhibits I-3 and I-8.
\19\ Id. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petitions.\20\ 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 in order to evaluate industry support (e.g.,
polling).\21\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(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.\22\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(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.\23\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\24\
---------------------------------------------------------------------------
\20\ See Petitions at Volume I (page 5 and Exhibits I-3 and I-
8). For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\22\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\23\ Id.
\24\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner states that
subject imports from Germany, India, the Netherlands, Qatar, and
Trinidad and Tobago exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------
\25\ See Petitions at Volume I (pages 17-18 and Exhibit I-23).
---------------------------------------------------------------------------
With regard to Japan, while the allegedly dumped imports do not
exceed the statutory requirements for negligibility,\26\ the petitioner
alleges and provides supporting evidence that: (1) there is a
reasonable indication that data obtained in the ITC's investigation
will establish that imports exceed the negligibility threshold \27\ and
(2) there is the potential that imports from Japan will imminently
exceed the negligibility threshold and therefore, are not negligible
for purposes of a threat determination.\28\ The petitioner's arguments
regarding the reasonable indication that information obtained in the
ITC's investigation will demonstrate that imports from Japan exceed the
negligibility threshold are consistent with the SAA. Furthermore, the
petitioner's arguments regarding the potential for imports from Japan
to imminently exceed the negligibility threshold are consistent with
the statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
---------------------------------------------------------------------------
\26\ Id.
\27\ Id. at 18 and Exhibit I-25; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994) (SAA), at 857.
\28\ See Petitions at Volume I (page 18 and Exhibit I-25); see
also section 771(24)(A)(iv) of the Act.
---------------------------------------------------------------------------
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.\29\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\30\ 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, Japan, the Netherlands, and Qatar, and found that
the information provided satisfies the requirements for initiation.\31\
---------------------------------------------------------------------------
\29\ 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).
\30\ See Country-Specific AD 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.
\31\ Id.
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of melamine from Germany, India, Japan, the Netherlands,
Qatar, and Trinidad and Tobago. The sources of data for the deductions
and adjustments relating to U.S. price and normal value (NV) are
discussed in greater detail in the
[[Page 17416]]
Country-Specific AD Initiation Checklists.
U.S. Price
For Germany, India, Japan, the Netherlands, Qatar, and Trinidad and
Tobago, the petitioner based export price (EP) on the average unit
values (AUVs) derived from official import statistics for imports of
melamine from these countries into the United States during the
POI.\32\ For Germany, Japan, the Netherlands, Qatar, and Trinidad and
Tobago, the petitioner also based EP on transaction-specific AUVs
(i.e., month- and port-specific AUVs) derived from official import
statistics and tied to ship manifest data.\33\ For India and Qatar, the
petitioner also based EP on pricing information for sales, or offers
for sale, of melamine produced in and exported from each country.\34\
For each country, the petitioner made certain adjustments to U.S. price
to calculate net ex-factory U.S. prices, where applicable.\35\
---------------------------------------------------------------------------
\32\ See Country-Specific AD Initiation Checklists.
\33\ Id.
\34\ See India AD Initiation Checklist and Qatar AD Initiation
Checklist.
\35\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Normal Value 36
---------------------------------------------------------------------------
\36\ In accordance with section 773(b)(2) of the Act, for each
of these LTFV investigations, Commerce will request information
necessary to calculate the CV and COP to determine whether there are
reasonable grounds to believe or suspect that sales of the foreign
like product have been made at prices that represent less than the
COP of the product.
---------------------------------------------------------------------------
For Germany, India, and Qatar, the petitioner based NV on home
market prices obtained through market research for melamine produced in
and sold, or offered for sale, in the respective countries during the
POI.\37\ For India and Qatar, the petitioner provided information
indicating that the prices for melamine sold or offered for sale in the
respective countries were below the COP.\38\ Therefore, for India and
Qatar, the petitioner calculated NV based on constructed value
(CV).\39\
---------------------------------------------------------------------------
\37\ See Germany AD Initiation Checklist, India AD Initiation
Checklist, and Qatar AD Initiation Checklist.
\38\ See India AD Initiation Checklist and Qatar AD Initiation
Checklist.
\39\ See India AD Initiation Checklist and Qatar AD Initiation
Checklist.
---------------------------------------------------------------------------
For Japan, the petitioner stated that it was unable to obtain home
market prices for melamine produced and sold in Japan and based NV on
the POI AUV of publicly-available export data for exports of melamine
from Japan to a third country, Italy.\40\ The petitioner provided
information indicating that third country prices were below the COP and
therefore based NV on CV.\41\
---------------------------------------------------------------------------
\40\ See Japan AD Initiation Checklist.
\41\ Id.
---------------------------------------------------------------------------
For the Netherlands, the petitioner stated that it was unable to
obtain home market or third country pricing information for melamine to
use as a basis for NV.\42\ Therefore, for the Netherlands, the
petitioner calculated NV based on CV.\43\
---------------------------------------------------------------------------
\42\ See The Netherlands AD Initiation Checklist.
\43\ Id.
---------------------------------------------------------------------------
For Trinidad and Tobago, the petitioner contends that the home
market is not viable based on available information and based NV on the
POI AUV of publicly-available export data for exports of melamine from
Trinidad and Tobago to a third country, Germany.\44\ The petitioner
provided information indicating that third country prices were below
the COP and therefore based NV on CV.\45\
---------------------------------------------------------------------------
\44\ See Trinidad and Tobago AD Initiation Checklist.
\45\ Id.
---------------------------------------------------------------------------
For further discussion of CV for India, Japan, the Netherlands,
Qatar, and Trinidad and Tobago, see the section ``Normal Value Based on
Constructed Value,'' below.
Normal Value Based on Constructed Value
As noted above, for India, Japan, Qatar, and Trinidad and Tobago,
the petitioner provided information indicating that the prices for
melamine sold or offered for sale in the respective home market or in
third country markets were below the COP.\46\ Also, as noted above for
the Netherlands, the petitioner stated that it was unable to obtain
home market or third country prices for melamine to use as a basis for
NV.\47\ Therefore, for India, Japan, the Netherlands, Qatar, and
Trinidad and Tobago, the petitioner calculated NV based on CV.\48\
---------------------------------------------------------------------------
\46\ See Country-Specific AD Initiation Checklists.
\47\ Id.
\48\ Id.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general and
administrative (SG&A), financial expenses, and profit.\49\ For each of
these countries, in calculating the cost of manufacturing, the
petitioner relied on its own production experience and input
consumption rates, valued using publicly available information
applicable to the respective countries or, for certain inputs, using
its own costs.\50\ In calculating SG&A, financial expenses, and profit
ratios, the petitioner relied on the fiscal year 2022 financial
statements of a producer of identical or comparable merchandise
domiciled in the respective countries, where applicable.\51\
---------------------------------------------------------------------------
\49\ Id.
\50\ Id.
\51\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of melamine from Germany, India, Japan, the
Netherlands, Qatar, and Trinidad and Tobago are being, or are likely to
be, sold in the United States at LTFV. Based on comparisons of EP to NV
in accordance with sections 772 and 773 of the Act, the estimated
dumping margins for melamine for each of the countries covered by this
initiation are as follows: (1) Germany--139.74 to 218.73 percent; (2)
India--393.82 to 632.74 percent; (3) Japan--102.53 to 127.69 percent;
(4) the Netherlands--34.84 to 72.16 percent; (5) Qatar--143.75 to
504.23 percent; and (6) Trinidad and Tobago--49.78 to 146.85
percent.\52\
---------------------------------------------------------------------------
\52\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of melamine from Germany, India, Japan, the
Netherlands, Qatar, and Trinidad and Tobago are being, or are likely to
be, sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 140 days after
the date of these initiations.
Respondent Selection
In the Petitions, the petitioner identified one company in Germany
as a producer/exporter of melamine (i.e., LAT Nitrogen Piesteritz
GmbH), one company in India as a producer/exporter of melamine (i.e.,
Guajarat State Fertilizer and Chemicals Limited), one company in Japan
as a producer/exporter of melamine (i.e., Mitsui Chemicals, Inc.), one
company in the Netherlands as a producer/exporter of melamine (i.e.,
OCI Nitrogen B.V.), two companies in Qatar as producers/exporters of
melamine (i.e., Qatar Melamine Company and Muntajat Qatar Chemical and
Petrochemical Marketing and Distribution Company), and one company in
Trinidad and Tobago as a producer/exporter of melamine (i.e., Methanol
Holdings (Trinidad) Limited) and provided independent third-party
[[Page 17417]]
information as support.\53\ We currently know of no additional
producers/exporters of melamine from Germany, India, Japan, the
Netherlands, Qatar, and Trinidad and Tobago.
---------------------------------------------------------------------------
\53\ See Petitions at Volume I (pages 13-14 and Exhibits I-8 and
I-18); see also General Issues Supplement at 1-4 and Exhibits I-S1
and I-S2.
---------------------------------------------------------------------------
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,
Japan, the Netherlands, Qatar, and Trinidad and Tobago, if no comments
are received or if comments received further support the existence of
these sole producers/exporters in the respective countries, we do not
intend to conduct respondent selection and will proceed to issuing the
initial AD 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 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Germany, India, Japan, the Netherlands,
Qatar, and Trinidad and Tobago 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 our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of melamine from Germany, India, Japan, the
Netherlands, Qatar, and/or Trinidad and Tobago are materially injuring,
or threatening material injury to, a U.S. industry.\54\ A negative ITC
determination for any country will result in the investigation being
terminated with respect to that country.\55\ Otherwise, these LTFV
investigations will proceed according to statutory and regulatory time
limits.
---------------------------------------------------------------------------
\54\ See section 733(a) of the Act.
\55\ Id.
---------------------------------------------------------------------------
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 \56\ 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.\57\ 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.
---------------------------------------------------------------------------
\56\ See 19 CFR 351.301(b).
\57\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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.\58\ 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.\59\
---------------------------------------------------------------------------
\58\ 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.
\59\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
[[Page 17418]]
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\60\
Parties must use the certification formats provided in 19 CFR
351.303(g).\61\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\60\ See section 782(b) of the Act.
\61\ 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.
---------------------------------------------------------------------------
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 letter of appearance). Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\62\
---------------------------------------------------------------------------
\62\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
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. 2024-05127 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P