[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80751-80753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32632]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-020, C-570-021]
Melamine From the People's Republic of China: Antidumping Duty
and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC''), the Department is issuing antidumping duty (``AD'') and
countervailing duty (``CVD'') orders on melamine from the People's
Republic of China (``PRC'').
DATES: Effective Date: December 28, 2015.
FOR FURTHER INFORMATION CONTACT: James Terpstra at (202) 482-3965 or
Brendan Quinn at (202) 482-5848, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2015, the Department published its final affirmative
determination of sales at less than fair value (``LTFV'') and its final
affirmative determination that countervailable subsidies are being
provided to producers and exporters of melamine from the PRC.\1\ On
December 18, 2015, the ITC notified the Department of its final
affirmative determination pursuant to section 735(b)(1)(A)(i) of the
Tariff Act of 1930, as amended (``the Act''), that an industry in the
United States is materially injured by reason of LTFV imports and
subsidized imports of melamine from the PRC.\2\
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\1\ See Melamine From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 80 FR 68851
(November 6, 2015) (``AD Final Determination''). See also Melamine
From the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 80 FR 68847 (November 6, 2015).
\2\ See ITC Notification Letter to the Deputy Assistant
Secretary for Enforcement and Compliance referencing ITC
Investigation Nos. 701-TA-526-527 and 731-TA-1262-1263 (December 18,
2015) (``ITC Notification'').
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Scope of the Orders
The merchandise subject to these orders 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 these orders 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
orders. Melamine that is otherwise subject to these orders 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 these orders.
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\3\ 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.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of melamine from the PRC
are materially injuring a U.S. industry. Therefore, in accordance with
section 735(c)(2) of the Act, we are publishing this antidumping duty
order.
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (``CBP'') to assess, upon further instruction by
the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of melamine from the PRC. These antidumping duties will be assessed on
unliquidated entries from the PRC entered, or withdrawn from warehouse,
for consumption on or after June 18, 2015, the date on which the
Department published the AD Preliminary Determination,\4\ but will
[[Page 80752]]
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\4\ See Melamine from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, 80 FR
34891 (June 18, 2015) (``AD Preliminary Determination'').
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Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below, adjusted where
appropriate for export subsidies.\5\ These instructions suspending
liquidation will remain in effect until further notice.
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\5\ See AD Final Determination, 80 FR at 68852 (describing the
adjustments to the AD margins in more detail); see also sections
772(c)(1)(C) and 777A(f) of the Act, respectively. 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,
e.g.,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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Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins, adjusted where appropriate for export
subsidies, as discussed above.\6\ The ``PRC-wide'' rate applies to all
exporters of subject merchandise not specifically listed.
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\6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
Although the statute contemplates an adjustment for estimated
domestic subsidy pass through, as stated in the AD Final
Determination, we are not adjusting the PRC-wide rate for estimated
domestic subsidy pass-through in this case because we have no basis
upon which to make such an adjustment.
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Provisional Measures (AD)
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that accounted for a significant
proportion of exports of melamine from the PRC, we extended the four-
month period to no more than six months.\7\ In the underlying
investigation, the Department published the AD Preliminary
Determination on June 18, 2015. Therefore, the six-month period
beginning on the date of the publication of the AD Preliminary
Determination will end on December 15, 2015. Furthermore, section
737(b) of the Act states that definitive duties are to begin on the
date of publication of the ITC's final injury determination.
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\7\ 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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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of melamine from the PRC entered, or withdrawn
from warehouse, for consumption on or after December 15, 2015, the date
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
Estimated Weighted-Average Dumping Margin
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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Countervailing Duty Order
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC has notified the Department of its final determination that the
industry in the United States producing melamine is materially injured
by reason of subsidized imports of melamine from the PRC.\9\ Therefore,
in accordance with section 705(c)(2) and 706(a) of the Act, we are
publishing this countervailing duty order.
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\8\ The PRC-wide entity includes, among other companies, 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. 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 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). As a result, the cash deposit
rate for the PRC-wide entity will be 353.65 percent.
\9\ See ITC Notification.
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Pursuant to section 706(a) of the Act, the Department will direct
CBP to assess, upon further instruction by the Department,
countervailing duties on unliquidated entries of melamine entered, or
withdrawn from warehouse, for consumption on or after April 20, 2015,
the date on which the Department published its affirmative preliminary
countervailing duty determination in the Federal Register,\10\ and
before August 18, 2015, the date on which the Department instructed CBP
to discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Entries of melamine made on or
after August 18, 2015, and prior to the date of publication of the
ITC's final determination in the Federal Register are not liable for
the assessment of countervailing duties, due to the Department's
discontinuation, effective August 18, 2015, of the suspension of
liquidation.
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\10\ See Melamine From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination, 80 FR 21706 (April 20, 2015).
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Provisional Measures (CVD)
In accordance with Section 703(d) of the Act, the provisional
measures period for the countervailing duty investigation ended on
August 18, 2015, and CBP was instructed to terminate the suspension of
liquidation and to liquidate, without regard to countervailing duties,
unliquidated entries of melamine from the PRC, entered, or withdrawn
from warehouse, for consumption on or after August 18, 2015, the date
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rates for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the
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net countervailable subsidy rates listed below. The all-others rate
applies to all producers and exporters of subject merchandise not
specifically listed.
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Company Subsidy rate (percent)
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Far-Reaching Chemical Co., Ltd............ 154.00
M and A Chemicals Corp China.............. 154.00
Qingdao Unichem International Trade Co., 154.00
Ltd......................................
Shandong Liaherd Chemical Industry Co., 156.90
Ltd......................................
Zhongyuan Dahua Group Co., Ltd............ 154.00
All Others................................ 154.58
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
melamine from the PRC pursuant to sections 736(a) and 706(a) of the
Act. Interested parties can find an updated list of orders currently in
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit,
Room B8024 of the main Commerce Building.
These orders are published in accordance with sections 706(a),
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).
Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance .
[FR Doc. 2015-32632 Filed 12-24-15; 8:45 am]
BILLING CODE 3510-DS-P