[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21708-21709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09003]
[[Page 21708]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-274-807]
Melamine From Trinidad and Tobago: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final Determination
With Final Antidumping Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to a
producer and exporter of melamine from Trinidad and Tobago. The period
of investigation is January 1, 2013, through December 31, 2013.
Interested parties are invited to comment on this preliminary
determination.
DATES: Effective date April 20, 2015.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Patricia Tran,
Office III, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4793 and (202) 482-1503, respectively.
Alignment of Final Countervailing Duty (CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day that the Department initiated this CVD
investigation, the Department also initiated a CVD investigation of
melamine from the People's Republic of China (PRC) and AD
investigations of melamine from the PRC and Trinidad and Tobago.\1\ The
AD and CVD investigations cover the same merchandise. On April 1, 2015,
in accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.210(b)(4)(i), Cornerstone Chemical
Company (Petitioner) requested alignment of the final CVD determination
with the final AD determination of melamine from Trinidad and
Tobago.\2\ Therefore, in accordance with section 705(a)(1) of the Act
and 19 CFR 351.210(b)(4)(i), we are aligning the final CVD
determination with the final AD determination. Consequently, the final
CVD determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
August 24, 2015, unless postponed.
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\1\ See Melamine from the People's Republic of China and
Trinidad and Tobago: Initiation of Countervailing Duty
Investigations, 79 FR 73030 (December 9, 2014); and Melamine from
the People's Republic of China and Trinidad and Tobago: Initiation
of Less-Than-Fair-Value Investigations, 79 FR 73037 (December 9,
2014).
\2\ See Letter from Petitioner regarding ``Request for
Alignment'' (April 1, 2015).
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Scope of the Investigation
The product covered by this investigation is melamine from Trinidad
and Tobago. For a complete description of the scope of the
investigation, see Appendix 1 to this notice.
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Issues and
Decision Memorandum.\3\ The Preliminary 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).\4\ ACCESS is available to registered users at
http://access.trade.gov and is available to all parties in the Central
Records Unit, Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Issues and Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Issues and
Decision Memorandum and the electronic version of the Preliminary
Issues and Decision Memorandum are identical in content.
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\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
regarding ``Decision Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Melamine from Trinidad and
Tobago,'' dated concurrently with this notice (Preliminary Issues
and Decision Memorandum).
\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (IA ACCESS) to AD and CVD Centralized
Electronic Service System (ACCESS). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a subsidy rate for Methanol Holdings (Trinidad) Ltd. (MHTL),
the only company subject to individual examination in this
investigation. We preliminarily determine that MHTL's countervailable
subsidy rate is 27.48 percent ad valorem. The All Others rate is 27.48
percent ad valorem, which is the rate calculated for MHTL.
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of melamine from Trinidad and Tobago that
are entered, or withdrawn from warehouse, for consumption on or after
the date of the publication of this notice in the Federal Register, and
to require a cash deposit for such entries of merchandise in the
amounts indicated above.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\5\
Interested parties may submit case and rebuttal briefs. For a schedule
of the deadlines for filing case briefs, rebuttal briefs, and hearing
requests, see the Preliminary Issues and Decision Memorandum.
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\5\ See 19 CFR 351.224(b).
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U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information relating to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order, without the written consent
of the Assistant Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: April 13, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix 1
Scope of the Investigation
The merchandise subject to this investigation is melamine
(Chemical Abstracts Service (CAS) registry number 108-
[[Page 21709]]
78-01, molecular formula
C3H6N6).\6\ Melamine is a
crystalline powder or granule typically (but not exclusively) used
to manufacture melamine formaldehyde resins. All melamine is covered
by the scope of this investigation irrespective of purity, particle
size, or physical form. Melamine that has been blended with other
products is included within this scope when such blends include
constituent parts that have been intermingled, but that have not
been chemically reacted with each other to produce a different
product. For such blends, only the melamine component of the mixture
is covered by the scope of this investigation. Melamine that is
otherwise subject to this investigation is not excluded when
commingled with melamine from sources not subject to this
investigation. Only the subject component of such commingled
products is covered by the scope of this investigation.
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\6\ Melamine is also known as 2,4,6-triamino-s-triazine; 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.
Appendix 2
List of Topics Discussed in the Preliminary Issues and Decision
Memorandum
1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Injury Test
7. Subsidies Valuation
8. Unequityworthiness and Uncreditworthiness
9. Analysis of Programs
10. ITC Notification
11. Disclosure and Public Comment
12. Verification
13. Conclusion
[FR Doc. 2015-09003 Filed 4-17-15; 8:45 am]
BILLING CODE 3510-DS-P