80 FR 21708 - Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 75 (April 20, 2015)
International Trade Administration
Federal Register Volume 80, Issue 75 (April 20, 2015)
| Page Range | 21708-21709 | |
| FR Document | 2015-09003 |
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)] [Notices] [Pages 21708-21709] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09003] [[Page 21708]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-274-807] Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to a producer and exporter of melamine from Trinidad and Tobago. 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: 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 and (202) 482-1503, respectively. Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day that the Department initiated this CVD investigation, the Department also initiated a CVD investigation of melamine from the People's Republic of China (PRC) and AD investigations of melamine from the PRC and Trinidad and Tobago.\1\ The AD and CVD 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) and 19 CFR 351.210(b)(4)(i), Cornerstone Chemical Company (Petitioner) requested alignment of the final CVD determination with the final AD determination of melamine from Trinidad and Tobago.\2\ Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), 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. --------------------------------------------------------------------------- \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); and 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 regarding ``Request for Alignment'' (April 1, 2015). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is melamine from Trinidad and Tobago. 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 Issues and Decision Memorandum.\3\ The Preliminary 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).\4\ ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Issues and Decision Memorandum and the electronic version of the Preliminary Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding ``Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Melamine from Trinidad and Tobago,'' dated concurrently with this notice (Preliminary Issues and 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). --------------------------------------------------------------------------- Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a subsidy rate for Methanol Holdings (Trinidad) Ltd. (MHTL), the only company subject to individual examination in this investigation. We preliminarily determine that MHTL's countervailable subsidy rate is 27.48 percent ad valorem. The All Others rate is 27.48 percent ad valorem, which is the rate calculated for MHTL. In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of melamine from Trinidad and Tobago 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 The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.\5\ Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Issues and Decision Memorandum. --------------------------------------------------------------------------- \5\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- 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. 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- [[Page 21709]] 78-01, molecular formula C3 H6 N6 ).\6\ 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. --------------------------------------------------------------------------- \6\ 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. --------------------------------------------------------------------------- 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 Issues and Decision Memorandum 1. Summary 2. Background 3. Alignment 4. Scope Comments 5. Scope of the Investigation 6. Injury Test 7. Subsidies Valuation 8. Unequityworthiness and Uncreditworthiness 9. Analysis of Programs 10. ITC Notification 11. Disclosure and Public Comment 12. Verification 13. Conclusion [FR Doc. 2015-09003 Filed 4-17-15; 8:45 am] BILLING CODE 3510-DS-P
![21708 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices
DEPARTMENT OF COMMERCE determination will be issued on the percent ad valorem. The All Others rate
same date as the final AD is 27.48 percent ad valorem, which is
International Trade Administration determination, which is currently the rate calculated for MHTL.
[C–274–807] scheduled to be issued no later than In accordance with sections
August 24, 2015, unless postponed. 703(d)(1)(B) and (d)(2) of the Act, we are
Melamine From Trinidad and Tobago: Scope of the Investigation directing U.S. Customs and Border
Preliminary Affirmative Countervailing Protection (CBP) to suspend liquidation
Duty Determination and Alignment of The product covered by this of all entries of melamine from Trinidad
Final Determination With Final investigation is melamine from Trinidad
and Tobago that are entered, or
Antidumping Determination and Tobago. For a complete description
withdrawn from warehouse, for
of the scope of the investigation, see
AGENCY: Enforcement and Compliance, consumption on or after the date of the
Appendix 1 to this notice.
International Trade Administration, publication of this notice in the Federal
Department of Commerce. Methodology Register, and to require a cash deposit
The Department is conducting this for such entries of merchandise in the
SUMMARY: The Department of Commerce
CVD investigation in accordance with amounts indicated above.
(the Department) preliminarily
determines that countervailable section 701 of the Act. For a full Disclosure and Public Comment
subsidies are being provided to a description of the methodology
producer and exporter of melamine underlying our preliminary conclusions, The Department intends to disclose to
from Trinidad and Tobago. The period see the Preliminary Issues and Decision interested parties the calculations
of investigation is January 1, 2013, Memorandum.3 The Preliminary Issues performed in connection with this
through December 31, 2013. Interested and Decision Memorandum is a public preliminary determination within five
parties are invited to comment on this document and is on file electronically days of its public announcement.5
preliminary determination. via Enforcement and Compliance’s Interested parties may submit case and
Antidumping and Countervailing Duty rebuttal briefs. For a schedule of the
DATES: Effective date April 20, 2015.
Centralized Electronic Service System deadlines for filing case briefs, rebuttal
FOR FURTHER INFORMATION CONTACT: briefs, and hearing requests, see the
(ACCESS).4 ACCESS is available to
Kristen Johnson or Patricia Tran, Office registered users at http:// Preliminary Issues and Decision
III, AD/CVD Operations, Enforcement access.trade.gov and is available to all Memorandum.
and Compliance, International Trade parties in the Central Records Unit,
Administration, U.S. Department of U.S. International Trade Commission
Room 7046 of the main Department of (ITC) Notification
Commerce, 14th Street and Constitution Commerce building. In addition, a
Avenue NW., Washington, DC 20230; complete version of the Preliminary In accordance with section 703(f) of
telephone: (202) 482–4793 and (202) Issues and Decision Memorandum can the Act, we will notify the ITC of our
482–1503, respectively. be accessed directly on the internet at determination. In addition, we are
Alignment of Final Countervailing Duty http://enforcement.trade.gov/frn/ making available to the ITC all non-
(CVD) Determination With Final index.html. The signed Preliminary privileged and non-proprietary
Antidumping Duty (AD) Determination Issues and Decision Memorandum and information relating to this
the electronic version of the Preliminary investigation. We will allow the ITC
On the same day that the Department
Issues and Decision Memorandum are access to all privileged and business
initiated this CVD investigation, the
identical in content. proprietary information in our files,
Department also initiated a CVD
investigation of melamine from the Preliminary Determination and provided the ITC confirms that it will
People’s Republic of China (PRC) and Suspension of Liquidation not disclose such information, either
AD investigations of melamine from the publicly or under an administrative
In accordance with section protective order, without the written
PRC and Trinidad and Tobago.1 The AD 703(d)(1)(A)(i) of the Act, we calculated
and CVD investigations cover the same consent of the Assistant Secretary for
a subsidy rate for Methanol Holdings Enforcement and Compliance.
merchandise. On April 1, 2015, in (Trinidad) Ltd. (MHTL), the only
accordance with section 705(a)(1) of the company subject to individual In accordance with section 705(b)(2)
Tariff Act of 1930, as amended (the Act) examination in this investigation. We of the Act, if our final determination is
and 19 CFR 351.210(b)(4)(i), preliminarily determine that MHTL’s affirmative, the ITC will make its final
Cornerstone Chemical Company countervailable subsidy rate is 27.48 determination within 45 days after the
(Petitioner) requested alignment of the Department makes its final
final CVD determination with the final 3 See Memorandum from Christian Marsh, Deputy determination.
AD determination of melamine from Assistant Secretary for Antidumping and This determination is issued and
Trinidad and Tobago.2 Therefore, in Countervailing Duty Operations, to Paul Piquado, published pursuant to sections 703(f)
Assistant Secretary for Enforcement and
accordance with section 705(a)(1) of the Compliance regarding ‘‘Decision Memorandum for and 777(i) of the Act.
Act and 19 CFR 351.210(b)(4)(i), we are the Preliminary Determination in the Dated: April 13, 2015.
aligning the final CVD determination Countervailing Duty Investigation of Melamine
from Trinidad and Tobago,’’ dated concurrently Paul Piquado,
with the final AD determination.
with this notice (Preliminary Issues and Decision Assistant Secretary for Enforcement and
Consequently, the final CVD Memorandum). Compliance.
4 On November 24, 2014, Enforcement and
mstockstill on DSK4VPTVN1PROD with NOTICES
1 See Melamine from the People’s Republic of
Compliance changed the name of Enforcement and Appendix 1
China and Trinidad and Tobago: Initiation of Compliance’s AD and CVD Centralized Electronic
Countervailing Duty Investigations, 79 FR 73030 Service System (IA ACCESS) to AD and CVD Scope of the Investigation
(December 9, 2014); and Melamine from the Centralized Electronic Service System (ACCESS). The merchandise subject to this
People’s Republic of China and Trinidad and The Web site location was changed from http:// investigation is melamine (Chemical
Tobago: Initiation of Less-Than-Fair-Value iaaccess.trade.gov to http://access.trade.gov. The
Investigations, 79 FR 73037 (December 9, 2014).
Abstracts Service (CAS) registry number 108–
Final Rule changing the references to the
2 See Letter from Petitioner regarding ‘‘Request for regulations can be found at 79 FR 69046 (November
Alignment’’ (April 1, 2015). 20, 2014). 5 See 19 CFR 351.224(b).
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![Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices 21709
78–01, molecular formula C3H6N6).6 13. Conclusion periods October 1, 2014 through
Melamine is a crystalline powder or granule [FR Doc. 2015–09003 Filed 4–17–15; 8:45 am] December 31, 2014.
typically (but not exclusively) used to
manufacture melamine formaldehyde resins. BILLING CODE 3510–DS–P The Department has developed, in
All melamine is covered by the scope of this consultation with the Secretary of
investigation irrespective of purity, particle Agriculture, information on subsidies,
size, or physical form. Melamine that has DEPARTMENT OF COMMERCE as defined in section 702(h) of the Act,
been blended with other products is included being provided either directly or
within this scope when such blends include International Trade Administration
indirectly by foreign governments on
constituent parts that have been
intermingled, but that have not been Quarterly Update to Annual Listing of articles of cheese subject to an in-quota
chemically reacted with each other to Foreign Government Subsidies on rate of duty. The appendix to this notice
produce a different product. For such blends, Articles of Cheese Subject to an In- lists the country, the subsidy program or
only the melamine component of the mixture Quota Rate of Duty programs, and the gross and net
is covered by the scope of this investigation. amounts of each subsidy for which
Melamine that is otherwise subject to this AGENCY: Enforcement and Compliance, information is currently available. The
investigation is not excluded when International Trade Administration Department will incorporate additional
commingled with melamine from sources not Department of Commerce. programs which are found to constitute
subject to this investigation. Only the subject DATES: Effective Date: April 20, 2015.
component of such commingled products is subsidies, and additional information
covered by the scope of this investigation. FOR FURTHER INFORMATION CONTACT: on the subsidy programs listed, as the
The subject merchandise is provided for in Stephanie Moore, AD/CVD Operations, information is developed.
subheading 2933.61.0000 of the Harmonized Office III, Enforcement and Compliance, The Department encourages any
Tariff Schedule of the United States International Trade Administration, person having information on foreign
(HTSUS). Although the HTSUS subheading U.S. Department of Commerce, 14th
and CAS registry number are provided for government subsidy programs which
Street and Constitution Ave. NW., benefit articles of cheese subject to an
convenience and customs purposes, the Washington, DC 20230, telephone: (202)
written description of the scope is in-quota rate of duty to submit such
482–3692. information in writing to the Assistant
dispositive.
SUPPLEMENTARY INFORMATION: Section Secretary for Enforcement and
Appendix 2 702 of the Trade Agreements Act of Compliance, U.S. Department of
List of Topics Discussed in the Preliminary 1979 (as amended) (the Act) requires the Commerce, 14th Street and Constitution
Issues and Decision Memorandum Department of Commerce (the Ave. NW., Washington, DC 20230.
1. Summary Department) to determine, in
consultation with the Secretary of This determination and notice are in
2. Background
Agriculture, whether any foreign accordance with section 702(a) of the
3. Alignment
4. Scope Comments government is providing a subsidy with Act.
5. Scope of the Investigation respect to any article of cheese subject Dated: April 13, 2015.
6. Injury Test to an in-quota rate of duty, as defined Paul Piquado,
7. Subsidies Valuation in section 702(h) of the Act, and to
8. Unequityworthiness and Assistant Secretary for Enforcement and
Uncreditworthiness
publish quarterly updates to the type Compliance.
9. Analysis of Programs and amount of those subsidies. We
hereby provide the Department’s Appendix
10. ITC Notification
11. Disclosure and Public Comment quarterly update of subsidies on articles Subsidy Programs on Cheese Subject to an
12. Verification of cheese that were imported during the In-Quota Rate of Duty
Gross 1 subsidy Net 2 subsidy
Country Program(s)
($/lb) ($/lb)
28 European Union Member States 3 ...................... European Union Restitution Payments .................... $0.00 $0.00
Canada ..................................................................... Export Assistance on Certain Types of Cheese ...... 0.40 0.40
Norway ...................................................................... Indirect (Milk) Subsidy .............................................. 0.00 0.00
Consumer Subsidy Total .......................................... 0.00 0.00
Total .......................................................................... 0.00 0.00
Switzerland ............................................................... Deficiency Payments ................................................ 0.00 0.00
1 Definedin 19 U.S.C. 1677(5).
2 Definedin 19 U.S.C. 1677(6).
3 The28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slo-
venia, Spain, Sweden, and the United Kingdom.
[FR Doc. 2015–09030 Filed 4–17–15; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
6 Melamine is also known as 2,4,6-triamino-s- Cyanurotriamide; Cyanurotriamine; Cyanuramide;
triazine; l,3,5-Triazine-2,4,6-triamine; and by various brand names.
VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 E:\FR\FM\20APN1.SGM 20APN1](https://thefederalregister.org/doc/80_FR_21783/page/2.svg)
Document Created: 2018-02-21 10:12:44
Document Modified: 2018-02-21 10:12:44
| 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 | 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 and (202) 482-1503, respectively. | |
| FR Citation | 80 FR 21708 |
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