[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77822-77824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21825]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-852]


Melamine From Germany: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that melamine from Germany is being, or is likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation is January 1, 2023, through December 31, 2023. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable September 24, 2024.

FOR FURTHER INFORMATION CONTACT: Noah Wetzel, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-7466.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 11, 
2024.\1\ On June 18, 2024, Commerce postponed the preliminary 
determination of this investigation.\2\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\3\ The deadline for the final results is now September 18, 2024.
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    \1\ See Melamine from Germany, India, Japan, the Netherlands, 
Qatar, and Trinidad and Tobago: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 17413 (March 11, 2024) (Initiation Notice).
    \2\ See Melamine from Germany, India, Japan, the Netherlands, 
Qatar, and Trinidad and Tobago: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 89 FR 
52437 (June 24, 2024).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Melamine from Germany,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is melamine from Germany. 
For a full description of the scope of this investigation, see Appendix 
I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ we 
set aside a period of time, as stated in the Initiation Notice, for 
parties to raise issues regarding product coverage (i.e., scope).\6\ No 
interested party commented on the scope of the investigation as it 
appeared in the Initiation Notice. Commerce is not modifying the scope 
language as it appeared in the Initiation Notice. See the complete 
description of the scope in Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 17413.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce 
has preliminarily relied upon facts otherwise available to assign 
estimated weighted-average dumping margins to LAT Nitrogen Piesteritz 
GmbH, the sole mandatory respondent in this investigation because LAT 
Nitrogen Piesteritz GmbH did not submit a response to Commerce's 
antidumping duty questionnaire. Further, Commerce preliminarily 
determines that LAT Nitrogen Piesteritz GmbH failed to cooperate by not 
acting to the best of its ability to comply with a request for 
information and is using an adverse inference in selecting from among 
the facts otherwise available (i.e., applying adverse facts available 
(AFA)) to this respondent, in accordance with section 776(b) of the 
Act. For a full description of the methodology underlying our 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(ii) of the Act provides that, in the preliminary 
determination, Commerce shall determine an estimated all-others rate 
for all exporters and producers not individually investigated in 
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of 
the Act states that generally the estimated rate for all others shall 
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated, excluding any zero and de minimis margins, 
and any margins determined entirely under section 776 of the Act. The 
estimated weighted-average dumping margins in this preliminary 
determination were calculated entirely under section 776 of the Act. In 
cases where no weighted-average dumping margins other than zero, de 
minimis, or those determined entirely under section 776 of the Act have 
been established for individually examined entities, in accordance with 
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple 
average of the margins alleged in the petition and applies the results 
to all other entities not individually examined.\7\
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    \7\ See, e.g., Thermal Paper from Spain: Final Determination of 
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30, 
2021), and accompanying Issues and Decision Memorandum; see also 
Certain Preserved Mushrooms from France: Final Affirmative 
Determination of Sales at Less Than Fair Value, 87 FR 72963, 72964 
(November 28, 2022).
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    In the Petition,\8\ Cornerstone Chemical Company (the petitioner)

[[Page 77823]]

calculated two estimated dumping margins, 139.74 and 218.73 percent. 
Therefore, consistent with our practice, for the all-others rate in 
this investigation, we preliminarily assigned a simple average of the 
dumping margins alleged in the Petition, which is 179.24 percent.\9\
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    \8\ See Petitioner's Letter, ``Melamine from Germany, Japan, the 
Netherlands, Qatar, and Trinidad and Tobago: Petition for the 
Imposition of Antidumping Duties,'' dated February 14, 2024 
(Petition); see also Checklist, ``AD Investigation Initiation 
Checklist,'' dated March 5, 2024 (Initiation Checklist); and 
Petitioner's Letter, ``Petitioner's Second Supplemental Response 
Regarding Petition Volume II (Germany Antidumping),'' dated February 
27, 2024 (Second Germany AD Supplement).
    \9\ See Petitions at Volume II; see also Initiation Checklist; 
and Second Germany AD Supplement at Exhibit II-2S2.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist during the period January 1, 
2023, through December 31, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
LAT Nitrogen Piesteritz GmbH................................     *218.73
All Others..................................................      179.24
------------------------------------------------------------------------
*Rate is based on AFA.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of all entries of melamine from Germany, as described in the ``Scope of 
the Investigation'' in Appendix I, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct 
CBP to require a cash deposit equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondents listed above will be equal to the 
company-specific estimated weighted-average dumping margins determined 
in this preliminary determination; (2) if the exporter is not a 
respondent identified above, but the producer is, then the cash deposit 
rate will be equal to the company-specific estimated weighted-average 
dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the mandatory respondent in this investigation and applied an AFA 
rate based on the Petition, there are no calculations to disclose.
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    Because the mandatory respondent in this investigation did not act 
to the best of its ability to provide information requested by 
Commerce, and Commerce preliminarily determines the mandatory 
respondent to be uncooperative, we will not conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to Assistant 
Secretary for Enforcement and Compliance no later than 14 days after 
the date of publication of the preliminary determination.\10\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\11\ 
Interested parties who submit case or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\13\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. An electronically filed hearing request 
must be received successfully in its entirety via ACCESS by 5 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination.
    Accordingly, Commerce will make its final determination no later 
than 75 days after the signature date of this preliminary 
determination.

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of our affirmative 
preliminary determination. If our final determination is affirmative, 
the ITC will determine before the later of 120 days after the date of 
this preliminary determination or 45 days after our final determination 
whether these imports

[[Page 77824]]

are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: September 18, 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 I

Scope of the Investigation

    The merchandise subject to this investigation 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 this investigation 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 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.
    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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available, Use of Adverse Inference, and 
Calculation of All-Others Rate
V. Recommendation

[FR Doc. 2024-21825 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-DS-P