[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68851-68852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28352]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-020]
Melamine From the People's Republic of China: Final Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On June 18, 2015, the Department of Commerce (``Department'')
published the preliminary determination of sales at less than fair
value (``LTFV'') of melamine from the People's Republic of China
(``PRC'').\1\ The Department requested from interested parties, but did
not receive, comments on the Preliminary Determination, which was based
entirely on adverse facts available. The Department, thus, determines
that melamine from the PRC is being, or is likely to be, sold in the
United States at LTFV, as provided in section 735 of the Tariff Act of
1930, as amended (the ``Act''). The period of investigation (``POI'')
is April 1, 2014, though September 30, 2014. The final weighted-average
dumping margin of sales at LTFV is listed below in the ``Final
Determinations'' section of this notice.
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\1\ See Melamine from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, 80 FR
34891 (June 18, 2015) (``Preliminary Determination'').
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DATES: Effective: November 6, 2015.
FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations,
Office III, Enforcement and Compliance, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone: (202) 482-3965.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2015, the Department published the Preliminary
Determination.\2\ In the Preliminary Determination, the Department
found that the mandatory respondents did not establish their
eligibility for a separate rate and were thus part of the PRC-wide
entity. In addition, because the PRC-wide entity failed to cooperate to
the best of its ability in complying with our requests for information,
we preliminarily determined an estimated weighted-average dumping
margin based on adverse facts available for the PRC-wide entity in
accordance with section 776 of the Act and 19 CFR 351.308.\3\ The
Department invited all interested parties to provide comment on these
findings. No interested party provided comments on our preliminary
determination. Therefore, this final determination does not differ from
the Preliminary Determination. On July 2, 2015, the Department
postponed the final determination until November 2, 2015.\4\
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\2\ See Preliminary Determination and accompanying Memorandum to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ``Decision Memorandum for
Preliminary Determination of the Antidumping Duty Investigation of
Melamine from the People's Republic of China,'' dated June 10, 2015
(``Preliminary Decision Memorandum'').
\3\ Id.
\4\ See Melamine from the People's Republic of China:
Postponement of Final Determination of Sales at Less Than Fair
Value, 80 FR 38175 (July 2, 2015).
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Scope of the Order
The merchandise subject to this investigation is melamine (Chemical
Abstracts Service (``CAS'') registry number 108-78-01, molecular
formula C3H6N6).\5\ 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 these
investigations. 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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\5\ 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.
Separate Rate
In the Preliminary Determination, we determined that none of the
exporters subject to this investigation demonstrated their eligibility
for a separate rate and as such are part of the PRC-wide entity.\6\ No
party commented on this determination. As a result, for this final
determination, we are continuing to treat these exporters as part of
the PRC-wide entity and subject to the PRC-wide rate.
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\6\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum at 3-5.
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PRC-Wide Entity
In the Preliminary Determination, the Department assigned to the
PRC-wide entity a rate of 363.31 percent based upon AFA.\7\ Given that
the Department did not receive any comments from interested parties,
for this final determination, the Department continues to assign an AFA
rate of 363.31 percent to the PRC-wide entity.
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\7\ See Preliminary Determination, 80 FR at 34892.
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Final Determination
The Department determines that the estimated final weighted-average
dumping margin is as follows:
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Weighted-
average
Exporter margin
(percent)
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PRC-Wide Entity \8\........................................ 363.31
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Disclosure
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\8\ The PRC-wide entity includes the mandatory respondents
Allied Chemicals Inc., Xinji Jiuyuan Chemical Co., Ltd., Sichuan
Golden Elephant Sincerity Chemical Co., Ltd., and Zhongyuan Dahua
Group Inc., which withdrew from the investigation prior to
respondent selection. The PRC-wide entity also includes 26 exporters
which received a quantity and value questionnaire from the
Department but did not respond to the questionnaire. Those companies
are: Anhui Jinhe Industrial Co., Ltd., Anhui Sunson Chemical Group
Co., Ltd., Chengdu Yulong Chemical Co., Ltd., Fujian Sangang
(Group), Hebei Jinglong Fengli Chemical Co., Ltd., Hefei Tianfeng
Import & Export Co Ltd. China, Henan Zhongyuan Dahua Group Co.,
Ltd., JianFeng Chemicals, Jiangsu Heyou Group Co., Ltd., Jiangsu
Sanmu Group Corporation, Kaiwei Investment Group, M and A Chemicals,
Corp China, Nanjing Deju Trading Co Ltd. China, Nantong Zixin
Industrial Co., Ltd., OCI Trading (Shanghai) Co., Ltd. China, Panjin
Zhongrun Chemical Co., Ltd., Qingdao Shida Chemical Co., Ltd. China,
Shandong Jinmei Mingshui Chemical Co., Ltd., Shandong Liaherd
Chemical Industry Co., Ltd., Shandong Sanhe Chemical Company Ltd.,
Shandong Xintai Liaherd Chemical Co., Ltd., Shandong Yixing Melamine
Co., Ltd., Sichuan Chemical Works Group Ltd., Sinopec Jinling
Petrochemical Co., Ltd., Well Hope Enterprises Limited, and Zhejiang
Fuyang Yongxing Chemical Co., Ltd.
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Normally, the Department discloses to interested parties the
calculations
[[Page 68852]]
performed within five days after the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because there are no changes to our
Preliminary Determination, and because we continue to apply AFA to the
PRC-wide entity, in accordance with section 776 of the Act, there are
no final calculations to disclose.
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 imports of subject merchandise entered or
withdrawn from warehouse, for consumption on or after June 18, 2015,
the date of publication of the Preliminary Determination in the Federal
Register. 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 the NV exceeds U.S. price, adjusted where appropriate for export
subsidies,\9\ as follows: (1) The rate for the exporters listed in the
chart above will be the rate we have determined in this final
determination; (2) for all PRC exporters of subject merchandise which
have not received their own rate, the cash-deposit rate will be the
PRC-wide rate; and (3) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash-deposit rate will be
the rate applicable to the PRC exporter/producer combination that
supplied that non-PRC exporter. These suspension-of-liquidation
instructions will remain in effect until further notice.
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\9\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates the adjustment for
export subsidies in investigations not in the margin calculation
program, but in the cash deposit instructions issued to CBP. See
Notice of Final Determination of Sales at Less Than Fair Value, and
Negative Determination of Critical Circumstances: Certain Lined
Paper Products from India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at Comment 1.
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As stated previously, we will adjust cash deposit rates by the
amount of export subsidies, where appropriate. In this LTFV
investigation, with regard to PRC-wide entity, export subsidies
constitute 9.66 percent \10\ of the final calculated countervailing
duty rate in the concurrent countervailing duty investigation, and,
thus, we will offset the PRC-wide rate of 363.31 percent by the
countervailing duty rate attributable to export subsidies (i.e., 9.66
percent) \11\ to calculate the cash deposit rate for this LTFV
investigation. We are not adjusting the PRC-wide rate for estimated
domestic subsidy pass-through because we have no basis upon which to
make such an adjustment.\12\
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\10\ The following subsidy programs in the concurrent
countervailing duty investigation are export subsidies: Preferential
Export Financing from the Export-Import Bank of China (4.25%),
Reduced Fee Export Insurance (4.25%), Grants to Cover Legal Fees in
Trade Remedy Cases (0.58%), and Cash Grants for Exports (0.58%).
\11\ See Melamine from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, dated concurrently
with this notice.
\12\ See Preliminary Decision Memorandum at the section,
``Section 777A(f) of the Act.''
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final determination of sales at LTFV. As our final
determination is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will, within 45 days, determine whether the domestic
industry in the United States is materially injured, threatened with
material injury, or the establishment of an industry in the United
States is materially retarded by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that material injury, threat of material injury, or
material retardation does not exist, the proceeding will be terminated
and all securities posted will be refunded or canceled. If the ITC
determines that such injury, threat of injury, or retardation does
exist, the Department will issue an antidumping duty order directing
CBP to assess 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.
Notification Regarding Administrative Protective Order (``APO'')
This notice also serves as a reminder to the parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely notification of return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This determination and notice are 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.
[FR Doc. 2015-28352 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P