[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68849-68851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28349]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-274-807]
Melamine From Trinidad and Tobago: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to a producer and exporter
of melamine from Trinidad and Tobago. For more information on the
estimated subsidy rate, see the ``Final Determination'' section of this
notice.
DATES: Effective: November 6, 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, or (202) 482-1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
Petitioner in this investigation is Cornerstone Chemical Company.
In addition to the Government of the Republic of Trinidad and Tobago,
the mandatory respondent is Methanol Holdings (Trinidad) Ltd. (MHTL).
The period of investigation for which we measured subsidies is January
1, 2013, through December 31, 2013.
Case History
The events that occurred in this investigation since the Department
published the Preliminary Determination on April 20, 2015,\1\ are
discussed in the Final Decision Memorandum, which is hereby adopted by
this notice.\2\ The Final 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 http://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Final Decision Memorandum can be accessed directly on
the internet at http://enforcement.trade.gov/frn/index.html. The signed
Final Decision Memorandum and the electronic version of the Final
Decision Memorandum are identical in content.
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\1\ See Melamine from Trinidad and Tobago: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Determination, 80 FR 21708
(April 20, 2015) (Preliminary Determination).
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
regarding ``Issues and Decision Memorandum for the Final Affirmative
Determination in the Countervailing Duty Investigation of Melamine
from Trinidad and Tobago,'' dated concurrently with this notice
(Final Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is melamine (Chemical
Abstracts Service (CAS) registry number 108-78-01, molecular formula
C3H6N6).\3\ 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
[[Page 68850]]
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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\3\ 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.
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The subject merchandise is provided for in subheading 2933.61.0000
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheading and CAS registry number are provided for
convenience and customs purposes, the written description of the scope
is dispositive.
Analysis of Subsidy Programs and Comments Received
The Department has conducted this countervailing duty (CVD)
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the Act). The subsidy programs under investigation, the
changes we made since the Preliminary Determination, the issues raised
in the case and rebuttal briefs filed by interested parties, and a full
description of the methodology underlying our conclusions are discussed
in the Final Decision Memorandum. A list of subsidy programs and the
issues that parties raised is attached to this notice as an appendix.
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a subsidy rate for MHTL, the only company subject to
individual examination in this investigation. We determine that MHTL's
total estimated net countervailable subsidy rate is 6.79 percent ad
valorem.\4\
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\4\ We intend to disclose to parties the calculations performed
in this proceeding within five days of the public announcement of
this notice in accordance with 19 CFR 351.224(b).
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Section 705(c)(5)(A)(i) of the Act states that, for companies not
individually investigated, we will determine an ``all others'' rate
equal to the weighted-average countervailable subsidy rates established
for exporters and producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act. Where the rates for
investigated companies are zero or de minimis, or based entirely on
facts otherwise available, section 705(c)(5)(A)(ii) of the Act
instructs the Department to establish an ``all others'' rate using
``any reasonable method.'' As MHTL is the only company subject to
individual examination in this investigation and its rate is not zero,
de minimis, or based on facts otherwise available, we have assigned the
6.79 percent ad valorem rate calculated for MHTL as the ``all others''
rate in this investigation.
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to collect cash deposits and suspend liquidation of
all entries of subject merchandise from Trinidad and Tobago, which were
entered or withdrawn from warehouse, for consumption on or after April
20, 2015, the date of the publication of the Preliminary Determination.
In accordance with section 703(d) of the Act, we later issued
instructions to CBP to discontinue the collection of cash deposits and
suspension of liquidation for CVD purposes for subject merchandise
entered, or withdrawn from warehouse, on or after August 18, 2015, but
to continue the collection of cash deposits and suspension of
liquidation of all entries from April 20, 2015, through August 17,
2015.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated duties for such entries of
merchandise in the amounts indicated above. However, if the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) 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 related 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 (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation that is subject to sanction.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Decision Memorandum
1. Summary
2. Background
A. Since Publication of the Preliminary Determination
B. Comments
3. Scope of the Investigation
4. Subsidies Valuation
A. Period of Investigation
B. Allocation Period
C. Attribution of Subsidies
D. Denominators
E. Discount Rates
5. Analysis of Programs
A. Programs Determined to Be Countervailable
1. Fiscal Incentives Act: Tax Programs
a. Corporate Tax Exemption
b. Customs Duties: Import Duties and VAT Exemption
2. Provision of Natural Gas for Less Than Adequate Remuneration
(LTAR)
B. Program Determined Not to Be Countervailable
1. Provision of Electricity for LTAR
C. Program Determined to Not Confer a Subsidy to MHTL
1. Bailout Program
D. Programs Determined Not To Be Used
1. Certain Income Taxes under the Fiscal Incentives Order
2. Land and Building Taxes
6. Analysis of Comments
Comment 1: Whether MHTL Was Cross-Owned with Colonial Life
Insurance Company (Trinidad) Limited (CLICO)
Comment 2: Whether the CLICO Bailout Should Be Attributed to
MHTL
Comment 3: Whether Any Bailout Subsidies Were Extinguished When
CLICO Sold Its Shares in MHTL
Comment 4: Whether the Provision of Natural Gas for LTAR Is
Countervailable
Comment 5: Whether the Import Duties and Value Added Tax (VAT)
Exemption Is Countervailable
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Comment 6: Whether the VAT Benefit Calculation Should Be Revised
Comment 7: Whether MHTL's Sales Denominator Should Be Revised
7. Recommendation
[FR Doc. 2015-28349 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P