80 FR 21706 - Melamine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range		21706-21707
FR Document		2015-09004

The Department of Commerce (``Department'') preliminarily determines that countervailable subsidies are being provided to producers/exporters of melamine from the People's Republic of China (``PRC''). The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21706-21707]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-09004]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-021]

Melamine From the People's Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers/exporters of melamine from the People's Republic of China
(``PRC''). 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: Eve Wang or Andrew Medley, 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-
6231 and (202) 482-4987, respectively.

SUPPLEMENTARY INFORMATION:

Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination

The Department published its notice of initiation of this
countervailing duty (``CVD'') investigation on December 9, 2014; on the
same day, the Department published its notice of initiation of an
antidumping duty (``AD'') investigation of melamine from the PRC.\1\
The CVD and AD 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''), Cornerstone Chemical Company (``Petitioner'')
requested alignment of the final CVD determination with the final AD
determination of melamine from the PRC.\2\ Therefore, in accordance
with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), 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). See also 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 entitled ``Melamine From The
People's Republic of China And The Republic of Trinidad And Tobago/
Request For Alignment,'' dated April 1, 2015.
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Scope of the Investigation

The product covered by this investigation is melamine from the PRC.
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 Decision
Memorandum.\3\ The Preliminary Decision Memorandum is a public document
and is made available to the public 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
Department's Central Records Unit, located at room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, From Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, titled
``Decision Memorandum for Preliminary Determination of
Countervailing Duty Investigation: Melamine from the People's
Republic of China,'' dated concurrently with this notice
(``Preliminary 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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For this preliminary determination, we relied on facts available
pursuant to section 776(a) of the Act because the Government of the PRC
and the five companies selected for individual examination--i.e., the
mandatory respondents: Far-Reaching Chemical Co., Ltd. (``Far-Reaching
Chemical''), Zhongyuan Dahua Group Co., Ltd. (``Zhongyuan Dahua''),
Qingdao Unichem International Trade Co., Ltd. (``Qingdao Unichem''), M
and A Chemicals Corp China (``M&A Chemicals''), and Shandong Liaherd
Chemical Industry Co., Ltd. (``Shandong Liaherd''). failed to provide
information requested by the Department and, by refusing to participate
as respondents, significantly impeded the investigation.\5\ Further,
because they failed to cooperate by not acting to the best of their
ability to respond to the Department's requests for necessary
information, pursuant to section 776(b) of the Act, in selecting from
among the facts otherwise available, we have drawn an adverse
inference. Specifically, the Department applied an adverse inference to
find that the programs on which the Department initiated this
investigation and the programs which the Department subsequently
included in this investigation pursuant to allegations made by
Petitioner,\6\ are countervailable. Further, the Department applied an
adverse inference in its calculation of the ad valorem estimated
countervailable subsidy rate for Far-Reaching Chemical,

[[Page 21707]]

Zhongyuan Dahua, Qingidau Unichem, M&A Chemicals, and Shandong Liaherd.
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' section in the Preliminary Decision Memorandum.
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\5\ See sections 776(a)(2)(A) and (C) of the Act.
\6\ See the Department's memorandum entitled ``Countervailing
Duty Investigation on Melamine from the People's Republic of China:
January 27, 2015 New Subsidy Allegations,'' dated March 25, 2015.
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Preliminary Determination and Suspension of Liquidation

In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated estimated subsidy rates for each individually examined
producer/exporter of the subject merchandise: Far-Reaching Chemical,
Zhongyuan Dahua, Qingidau Unichem, M&A Chemicals, and Shandong Liaherd.
In accordance with sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the
Act, for companies not individually examined, we calculated an ``all-
others'' rate by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States, not including zero and de
minimis rates or any rates based solely on facts available. With
respect to the all-others rate, section 705(c)(5)(A)(ii) of the Act
provides that, if the countervailable subsidy rates established for all
exporters and producers individually investigated are determined
entirely in accordance with section 776 of the Act, the Department may
use any reasonable method to establish an all-others rate for exporters
and producers not individuallyexamined. In this case, the
countervailable subsidy rate calculated for each of the investigated
companies is based entirely on facts available under section 776 of the
Act. There is no other information on the record upon which to
determine an all-others rate. As a result, we assigned the simple
average of the five rates assigned for Far-Reaching Chemical, Zhongyuan
Dahua, Qingidau Unichem, M&A Chemicals, and Shandong Liaherd as the
all-others rate. This method is consistent with the Department's past
practice.\7\
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\7\ See, e.g., Carbon and Certain Alloy Steel Wire Rod From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, 79 FR 68858 (November 19, 2014); see also Calcium
Hypochlorite From the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 79 FR 74064 (December 15, 2014).
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We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
Subsidy Rate
Company (percent)
------------------------------------------------------------------------
Far-Reaching Chemical Co., Ltd.......................... 147.62
M and A Chemicals Corp China............................ 147.62
Qingdao Unichem International Trade Co., Ltd............ 147.62
Shandong Liaherd Chemical Industry Co., Ltd............. 150.52
Zhongyuan Dahua Group Co., Ltd.......................... 147.62
All Others.............................................. 148.20
------------------------------------------------------------------------

In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of melamine from the PRC 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

Because the Department has reached its conclusions on the basis of
adverse facts available, the calculations performed in connection with
this preliminary determination are not proprietary in nature, and are
described in the Preliminary Decision Memorandum. Interested parties
may submit case and rebuttal briefs, as well as request a hearing.\8\
For a schedule of the deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the Preliminary Decision Memorandum.
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\8\ See 19 CFR 351.309(c)-(d) and 19 CFR 351.310(c).
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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 and 19 CFR 351.205(c).

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 108-78-01,
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; 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 Decision Memorandum

1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Respondent Selection
6. Voluntary Respondent Treatment
7. Injury Test
8. Application of the Countervailing Duty Law to Imports from the
PRC
9. Use of Facts Otherwise Available and Adverse Inferences
10. ITC Notification
11. Disclosure and Public Comment
12. Conclusion

[FR Doc. 2015-09004 Filed 4-17-15; 8:45 am]
BILLING CODE 3510-DS-P

21706 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices

Estimated Time Per Response: 13 telephone: (202) 482–6231 and (202) Compliance’s Antidumping and
hours, 28 minutes 482–4987, respectively. Countervailing Duty Centralized
Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Electronic Service System (‘‘ACCESS’’).4
Hours: 22,512. ACCESS is available to registered users
Estimated Total Annual Cost to Alignment of Final Countervailing Duty at http://access.trade.gov, and is
Public: $0. Determination With Final Antidumping available to all parties in the
Duty Determination Department’s Central Records Unit,
IV. Request for Comments located at room 7046 of the main
The Department published its notice
Comments are invited on: (a) Whether of initiation of this countervailing duty Department of Commerce building. In
the proposed collection of information (‘‘CVD’’) investigation on December 9, addition, a complete version of the
is necessary for the proper performance 2014; on the same day, the Department Preliminary Decision Memorandum can
of the functions of the agency, including published its notice of initiation of an be found at http://enforcement.trade.
whether the information shall have antidumping duty (‘‘AD’’) investigation gov/frn/. The signed and the electronic
practical utility; (b) the accuracy of the of melamine from the PRC.1 The CVD versions of the Preliminary Decision
agency’s estimate of the burden and AD investigations cover the same Memorandum are identical in content.
(including hours and cost) of the merchandise. On April 1, 2015, in For this preliminary determination,
proposed collection of information; (c) accordance with section 705(a)(1) of the we relied on facts available pursuant to
ways to enhance the quality, utility, and Tariff Act of 1930, as amended (‘‘the section 776(a) of the Act because the
clarity of the information to be Act’’), Cornerstone Chemical Company Government of the PRC and the five
collected; and (d) ways to minimize the (‘‘Petitioner’’) requested alignment of companies selected for individual
burden of the collection of information the final CVD determination with the examination—i.e., the mandatory
on respondents, including through the final AD determination of melamine respondents: Far-Reaching Chemical
use of automated collection techniques from the PRC.2 Therefore, in accordance Co., Ltd. (‘‘Far-Reaching Chemical’’),
or other forms of information with section 705(a)(1) of the Act and 19 Zhongyuan Dahua Group Co., Ltd.
technology. CFR 351.210(b)(4), we are aligning the (‘‘Zhongyuan Dahua’’), Qingdao
final CVD determination with the final Unichem International Trade Co., Ltd.
Dated: April 16, 2015.
AD determination. Consequently, the (‘‘Qingdao Unichem’’), M and A
Glenna Mickelson, Chemicals Corp China (‘‘M&A
Management Analyst, Office of the Chief final CVD determination will be issued
on the same date as the final AD Chemicals’’), and Shandong Liaherd
Information Officer. Chemical Industry Co., Ltd. (‘‘Shandong
[FR Doc. 2015–09181 Filed 4–20–15; 8:45 am] determination, which is currently
Liaherd’’). failed to provide information
scheduled to be issued no later than
BILLING CODE 3510–34–P requested by the Department and, by
August 24, 2015, unless postponed.
refusing to participate as respondents,
Scope of the Investigation significantly impeded the
DEPARTMENT OF COMMERCE investigation.5 Further, because they
The product covered by this
investigation is melamine from the PRC. failed to cooperate by not acting to the
International Trade Administration best of their ability to respond to the
For a complete description of the scope
of the investigation, see Appendix 1 to Department’s requests for necessary
[C–570–021] information, pursuant to section 776(b)
this notice.
of the Act, in selecting from among the
Melamine From the People’s Republic
Methodology facts otherwise available, we have
of China: Preliminary Affirmative
The Department is conducting this drawn an adverse inference.
Countervailing Duty Determination,
CVD investigation in accordance with Specifically, the Department applied an
and Alignment of Final Determination
section 701 of the Act. For a full adverse inference to find that the
With Final Antidumping Duty
description of the methodology programs on which the Department
Determination
underlying our preliminary conclusions, initiated this investigation and the
AGENCY: Enforcement and Compliance, see the Preliminary Decision programs which the Department
International Trade Administration, Memorandum.3 The Preliminary subsequently included in this
Department of Commerce. Decision Memorandum is a public investigation pursuant to allegations
SUMMARY: The Department of Commerce made by Petitioner,6 are
document and is made available to the
(‘‘Department’’) preliminarily countervailable. Further, the
public via Enforcement and
determines that countervailable Department applied an adverse
subsidies are being provided to 1 See Melamine From the People’s Republic of inference in its calculation of the ad
producers/exporters of melamine from China and Trinidad and Tobago: Initiation of valorem estimated countervailable
the People’s Republic of China (‘‘PRC’’). Countervailing Duty Investigations, 79 FR 73030 subsidy rate for Far-Reaching Chemical,
(December 9, 2014). See also Melamine From the
The period of investigation is January 1, People’s Republic of China and Trinidad and 4 On November 24, 2014, Enforcement and
2013, through December 31, 2013. Tobago: Initiation of Less-Than-Fair-Value Compliance changed the name of Enforcement and
Interested parties are invited to Investigations, 79 FR 73037 (December 9, 2014). Compliance’s AD and CVD Centralized Electronic
comment on this preliminary 2 See Letter from Petitioner entitled ‘‘Melamine
Service System (‘‘IA ACCESS’’) to AD and CVD
determination. From The People’s Republic of China And The Centralized Electronic Service System (‘‘ACCESS’’).
Republic of Trinidad And Tobago/Request For The Web site location was changed from http://
DATES: Effective Date: April 20, 2015. Alignment,’’ dated April 1, 2015. iaaccess.trade.gov to http://access.trade.gov. The
mstockstill on DSK4VPTVN1PROD with NOTICES

3 See Memorandum to Paul Piquado, Assistant Final Rule changing the references to the
FOR FURTHER INFORMATION CONTACT: Eve Secretary for Enforcement and Compliance, From Regulations can be found at 79 FR 69046
Wang or Andrew Medley, AD/CVD Christian Marsh, Deputy Assistant Secretary for (November 20, 2014).
Operations, Enforcement and Antidumping and Countervailing Duty Operations, 5 See sections 776(a)(2)(A) and (C) of the Act.

Compliance, International Trade titled ‘‘Decision Memorandum for Preliminary 6 See the Department’s memorandum entitled
Determination of Countervailing Duty Investigation: ‘‘Countervailing Duty Investigation on Melamine
Administration, U.S. Department of Melamine from the People’s Republic of China,’’ from the People’s Republic of China: January 27,
Commerce, 14th Street and Constitution dated concurrently with this notice (‘‘Preliminary 2015 New Subsidy Allegations,’’ dated March 25,
Avenue NW., Washington, DC 20230; Decision Memorandum’’). 2015.

VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1

Document Created: 2018-02-21 10:12:33
Document Modified: 2018-02-21 10:12:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: April 20, 2015.
Contact		Eve Wang or Andrew Medley, 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- 6231 and (202) 482-4987, respectively.
FR Citation		80 FR 21706

80 FR 21706 - Melamine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 75 (April 20, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration