[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68846-68847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28350]
[[Page 68846]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-274-806]
Melamine From Trinidad and Tobago: Final Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that
melamine from the Republic of Trinidad and Tobago (``Trinidad and
Tobago'') is being, or is likely to be, sold in the United States at
less than fair value (``LTFV''), as provided in section 735 of the
Tariff Act of 1930, as amended (``the Act''). The final weighted-
average dumping margins for the investigation of melamine from Trinidad
and Tobago are listed in the ``Final Determination'' section, infra.
DATES: Effective: November 6, 2015.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4243.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2015, the Department published its Preliminary
Determination.\1\ We invited interested parties to comment on our
Preliminary Determination of sales at LTFV. For a discussion of the
events that occurred in this investigation subsequent to the
Preliminary Determination, including parties' case and rebuttal briefs,
see the Issues and Decision Memorandum.\2\
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\1\ Melamine from Trinidad and Tobago: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 80 FR 34621 (June 17, 2015) (``Preliminary
Determination'').
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Issues and Decision Memorandum for the
Final Determination of Sales at Less than Fair Value in the
Antidumping Duty Investigation of Melamine from Trinidad and
Tobago,'' dated concurrently with this notice (``Issues and Decision
Memorandum'').
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Period of Investigation
The period of investigation (``POI'') is October 1, 2013, through
September 30, 2014. This period corresponds to the four most recent
fiscal quarters prior to the month of the filing of the petition, which
was November 2014.\3\
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\3\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation
The merchandise subject to this investigation is melamine (Chemical
Abstracts Service (``CAS'') registry number 108-78-01, molecular
formula C3H6N6).\4\ 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. For a complete description of the merchandise subject
to this investigation, see Appendix I.
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\4\ 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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Verification
As provided in section 782(i) of the Act, from June 13, 2015, to
July 15, 2015, we conducted verifications of the sales and cost
information submitted by Southern Chemical Corporation, Methanol
Holdings (Trinidad) Limited (``MHTL'') and Helm Italia S.R.L.\5\ We
used standard verification procedures, including an examination of
relevant accounting and production records and original source
documents provided by respondents.\6\
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\5\ See Memorandum to the File, ``Verification of the Cost
Response of Methanol Holdings (Trinidad) Limited in the Antidumping
Duty Investigation of Melamine from Trinidad and Tobago,'' dated
July 31, 2015. See also Memorandum to the File, ``Antidumping Duty
Investigation of Melamine from Trinidad and Tobago: Constructed
Export Price, Home Market, and Third-Country Sales Verifications of
Methanol Holdings (Trinidad) Limited, Southern Chemical Corporation
and Helm Italia S.R.L.,'' dated September 10, 2015.
\6\ Id.
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Analysis of Comments Received
We addressed all issues raised by parties in case and rebuttal
briefs in the Issues and Decision Memorandum, which is hereby adopted
by this notice.\7\ Appendix II to this notice includes a list of the
issues which the parties raised and to which the Department responded
in the Issues and Decision Memorandum. The 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''). ACCESS is available
to registered users at http://access.trade.gov. The Issues and Decision
Memorandum 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 Issues and Decision Memorandum is available at
http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\7\ See Issues and Decision Memorandum.
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Changes Since the Amended Preliminary Determination
Based on the Department's analysis of the comments received and our
findings at verification, we made certain changes to MHTL's margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate 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 or de
minimis margins, and margins determined entirely under section 776 of
the Act. In this investigation, we calculated a weighted-average
dumping margins for MHTL, the sole mandatory respondent, that was above
de minimis and not based on section 776 of the Act. Accordingly, we
have assigned MHTL's individually calculated margin as the all-others
rate for this investigation.
Final Determination
The Department determines that the estimated final weighted-average
dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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MHTL........................................................ 172.53
All Others.................................................. 172.53
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Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of melamine from
Trinidad and Tobago as described in the ``Scope of the Investigation''
section, which were entered, or withdrawn from warehouse, for
consumption on or after June 17,
[[Page 68847]]
2015, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Further, pursuant to 19 CFR 351.205(d), the Department will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which normal value exceeds U.S. price as follows: (1) For the
mandatory respondent listed above, the cash deposit rate will be equal
to the dumping margin which the Department determined in this final
determination adjusted, as appropriate, for export subsidies found in
the final determination of the companion countervailing duty
investigation; \8\ (2) if the exporter is not a mandatory respondent
identified in this investigation, but the producer is, the cash deposit
rate will be the rate established for the producer of the subject
merchandise; and (3) the cash deposit rates for all other producers or
exporters will be 172.53 percent. The suspension of liquidation
instructions will remain in effect until further notice.
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\8\ In this case, although the product under investigation is
also subject to a countervailing duty investigation, the Department
found no countervailing duty determined to constitute an export
subsidy. Therefore, we did not offset the cash deposit rates shown
above for purposes of this determination.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (``ITC'') of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of melamine from Trinidad and Tobago, or
sales (or the likelihood of sales) for importation, of melamine from
Trinidad and Tobago. If the ITC determines that such injury does not
exist, this proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305(a)(3). Timely written notification of
return or 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 sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: October 30, 2015.
Paul Piquado,
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 C3H6N6).\9\
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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\9\ 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.
Appendix II--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Depreciation Expense of Urea Plant
Comment 2: Natural Gas Curtailments
Comment 3: G&A Expenses
Comment 4: CV Profit
Comment 5: Treatment of Certain Commission Expenses
Comment 6: Omission of Certain Expenses from ISE in the United
States
Comment 7: Treatment of CV Selling Expenses
VI. Recommendation
[FR Doc. 2015-28350 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P