80_FR_69062 80 FR 68847 - Melamine From the People's Republic of China: Final Affirmative Countervailing Duty Determination

80 FR 68847 - Melamine From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68847-68849
FR Document2015-28351

The Department of Commerce (``Department'') determines that countervailable subsidies are being provided to producers and exporters of melamine from the People's Republic of China (``PRC''). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015)
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68847-68849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28351]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-021]


Melamine From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: The Department of Commerce (``Department'') determines that 
countervailable subsidies are being provided to producers and exporters 
of melamine from the People's Republic of China (``PRC''). For 
information on the estimated subsidy rates, see the ``Suspension of 
Liquidation'' section of this notice.

DATES: Effective: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Medley, 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 202-482-4987.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner to this investigation is Cornerstone Chemical 
Company (``Petitioner''). The Department selected five 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''). All five mandatory 
respondents and the Government of the PRC refused to participate in 
this investigation.

Period of Investigation

    The period of investigation for which we are measuring subsidies is 
January 1, 2013, through December 31, 2013.

[[Page 68848]]

Case History

    The Department published its Preliminary Determination on April 20, 
2015.\1\ In it, 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,\2\ are 
countervailable. Further, the Department applied an adverse inference 
in its calculation of the ad valorem estimated countervailable subsidy 
rate for Far-Reaching Chemical, Zhongyuan Dahua, Qingdao Unichem, M&A 
Chemicals, and Shandong Liaherd. The Department invited, but did not 
receive, interested party comments on the Preliminary Determination. 
Thus, we have made no changes from the Preliminary Determination with 
respect to the determination to apply adverse inferences. However, as 
explained below, we made certain changes to the ad valorem final 
subsidy rate.
---------------------------------------------------------------------------

    \1\ 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) (``Preliminary 
Determination''), and the accompanying Preliminary Decision 
Memorandum.
    \2\ 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.
---------------------------------------------------------------------------

    Also in the Preliminary Determination, pursuant to section 
705(a)(1) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.210(b)(4), we aligned the final countervailing duty (``CVD'') 
determination with the final antidumping duty (``AD'') determination. 
On July 2, 2015, the Department postponed the final AD determination 
(and, thus, the instant, aligned, CVD determination) until November 2, 
2015.\3\
---------------------------------------------------------------------------

    \3\ See Melamine from the People's Republic of China: 
Postponement of Final Determination of Sales at Less Than Fair 
Value, 80 FR 38175 (July 02, 2015).
---------------------------------------------------------------------------

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\ 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.

Use of Facts Otherwise Available, Including Adverse Inferences

    For purposes of this final determination, we relied on facts 
available and applied an adverse inference, in accordance with sections 
776(a) and (b) of the Act, with regard to (1) the existence of a 
financial contribution, benefit, and specificity for the alleged 
subsidy programs and (2) the net subsidy rates assigned to Far-Reaching 
Chemical, Zhongyuan Dahua, Qingdao Unichem, M&A Chemicals, and Shandong 
Liaherd. A full discussion of our decision to rely on adverse facts 
available (``AFA'') is presented in the Preliminary Decision Memorandum 
under the section ``Use of Facts Otherwise Available and Adverse 
Inferences.'' However, for this final determination we are making 
certain changes to the AFA rates.\5\ Specifically, we are revising the 
AFA rates for ``Preferential Export Financing from the Export-Import 
Bank of China'' and ``Reduced Fee Export Insurance'' to reflect the 
highest calculated CVD rates for these programs.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum to the File titled ``Melamine from the 
People's Republic of China: Final Calculations,'' dated November 2, 
2015.
    \6\ Id. See also Countervailing Duty Investigation of Certain 
Passenger Vehicle and Light Truck Tires From the People's Republic 
of China: Final Affirmative Determination, and Final Affirmative 
Critical Circumstances Determination, in Part, 80 FR 34888 (June 18, 
2015), and accompanying issues and decision memorandum (where we 
calculated a rate of 4.25 percent for the similar program ``Export 
Seller's Credits from the Export Import Bank of China''), unchanged 
in Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Amended Final Affirmative Antidumping Duty 
Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 47902 (August 10, 2015).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we have 
calculated individual rates for Far-Reaching Chemical, Zhongyuan Dahua, 
Qingdao Unichem, M&A Chemicals, and Shandong Liaherd. Section 
705(c)(5)(A)(i) of the Act states that for companies not individually 
investigated, we will determine an ``all-others'' rate equal to the 
weighted average countervailable subsidy rates established for 
exporters and producers individually investigated, excluding any zero 
and de minimis countervailable rates, and any rates determined entirely 
under section 776 of the Act. Section 705(c)(5)(A)(ii) of the Act 
states that if the countervailable subsidy rates for all exporters and 
producers individually investigated are zero or de minimis rates, or 
are determined entirely under section 776 of the Act, the Department 
may use any reasonable method to establish an all-others rate for 
exporters and producers not individually investigated, including 
averaging the weighted average countervailable subsidy rates determined 
for the exporters and producers individually investigated. As described 
above, all of the mandatory respondents' subsidy rates were calculated 
entirely under section 776 of the Act. Therefore, we have resorted to 
``any reasonable method'' to derive the ``all-others'' rate, as 
described under section 705(c)(5)(A)(ii) of the Act. We are basing the 
``all-others'' rate on the simple average of the five rates determined 
for the mandatory respondents, consistent with section 705(c)(5)(A)(ii) 
of the Act.\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).

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[[Page 68849]]

    We determine the total estimated net countervailable subsidy rates 
to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Far-Reaching Chemical Co., Ltd..............................      154.00
M and A Chemicals Corp China................................      154.00
Qingdao Unichem International Trade Co., Ltd................      154.00
Shandong Liaherd Chemical Industry Co., Ltd.................  \8\ 156.90
Zhongyuan Dahua Group Co., Ltd..............................      154.00
All Others..................................................      154.58
------------------------------------------------------------------------

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (``CBP'') to suspend liquidation of all entries of melamine 
from the PRC that were entered or withdrawn from warehouse, for 
consumption on or after April 20, 2015, the date of publication of the 
Preliminary Determination in the Federal Register. In accordance with 
section 703(d) of the Act, we issued instructions to CBP to discontinue 
the suspension of liquidation for CVD purposes for subject merchandise 
entered, or withdrawn from warehouse, on or after August 18, 2015, but 
to continue the suspension of liquidation of all entries from April 20, 
2015, through August 17, 2015.
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum at 7, where we explained 
that the AFA rate applicable to Shandong Liaherd includes additional 
grant programs applicable only to Shandong Liaherd based upon 
information contained in Shandong's Liaherd's financial statements. 
See also ``Initiation Checklist: Melamine from the People's Republic 
of China'' (December 2, 2014).
---------------------------------------------------------------------------

    If the U.S. International Trade Commission (``ITC'') issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) 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 related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms it will not disclose such information, either publicly or 
under an administrative protective order (``APO''), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/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 violation that is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

     Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28351 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                                68847

                                                  2015, the date of publication in the                     Return or Destruction of Proprietary                   Comment 3: G&A Expenses
                                                  Federal Register of the affirmative                      Information                                            Comment 4: CV Profit
                                                  Preliminary Determination.                                                                                      Comment 5: Treatment of Certain
                                                                                                             This notice also serves as a reminder                   Commission Expenses
                                                    Further, pursuant to 19 CFR                            to the parties subject to administrative               Comment 6: Omission of Certain Expenses
                                                  351.205(d), the Department will instruct                 protective order (‘‘APO’’) of their                       from ISE in the United States
                                                  CBP to require a cash deposit equal to                   responsibility concerning the                          Comment 7: Treatment of CV Selling
                                                  the weighted-average amount by which                     disposition of propriety information                      Expenses
                                                                                                           disclosed under APO in accordance                    VI. Recommendation
                                                  normal value exceeds U.S. price as
                                                  follows: (1) For the mandatory                           with 19 CFR 351.305(a)(3). Timely                    [FR Doc. 2015–28350 Filed 11–5–15; 8:45 am]
                                                  respondent listed above, the cash                        written notification of return or                    BILLING CODE 3510–DS–P

                                                  deposit rate will be equal to the                        destruction of APO materials or
                                                  dumping margin which the Department                      conversion to judicial protective order is
                                                                                                           hereby requested. Failure to comply                  DEPARTMENT OF COMMERCE
                                                  determined in this final determination
                                                                                                           with the regulations and terms of an
                                                  adjusted, as appropriate, for export                                                                          International Trade Administration
                                                                                                           APO is a sanctionable violation.
                                                  subsidies found in the final                               This determination is issued and
                                                  determination of the companion                           published in accordance with sections                [C–570–021]
                                                  countervailing duty investigation; 8 (2) if              735(d) and 777(i)(1) of the Act.
                                                  the exporter is not a mandatory                                                                               Melamine From the People’s Republic
                                                                                                             Dated: October 30, 2015.
                                                  respondent identified in this                                                                                 of China: Final Affirmative
                                                                                                           Paul Piquado,
                                                  investigation, but the producer is, the                                                                       Countervailing Duty Determination
                                                                                                           Assistant Secretary for Enforcement and
                                                  cash deposit rate will be the rate
                                                                                                           Compliance.                                          AGENCY:   Enforcement and Compliance,
                                                  established for the producer of the
                                                  subject merchandise; and (3) the cash                    Appendix I—Scope of the Investigation                International Trade Administration,
                                                  deposit rates for all other producers or                                                                      Commerce.
                                                                                                              The merchandise subject to this
                                                  exporters will be 172.53 percent. The                    investigation is melamine (Chemical                  SUMMARY: The Department of Commerce
                                                  suspension of liquidation instructions                   Abstracts Service (‘‘CAS’’) registry number          (‘‘Department’’) determines that
                                                  will remain in effect until further notice.              108–78–01, molecular formula C3H6N6).9               countervailable subsidies are being
                                                                                                           Melamine is a crystalline powder or granule          provided to producers and exporters of
                                                  International Trade Commission                           typically (but not exclusively) used to              melamine from the People’s Republic of
                                                  Notification                                             manufacture melamine formaldehyde resins.
                                                                                                                                                                China (‘‘PRC’’). For information on the
                                                                                                           All melamine is covered by the scope of this
                                                                                                           investigation irrespective of purity, particle       estimated subsidy rates, see the
                                                     In accordance with section 735(d) of
                                                                                                           size, or physical form. Melamine that has            ‘‘Suspension of Liquidation’’ section of
                                                  the Act, we notified the International                                                                        this notice.
                                                                                                           been blended with other products is included
                                                  Trade Commission (‘‘ITC’’) of the final                  within this scope when such blends include
                                                  affirmative determination of sales at                                                                         DATES: Effective: November 6, 2015.
                                                                                                           constituent parts that have been
                                                  LTFV. As the Department’s final                          intermingled, but that have not been                 FOR FURTHER INFORMATION CONTACT:
                                                  determination is affirmative, in                         chemically reacted with each other to                Andrew Medley, AD/CVD Operations,
                                                  accordance with section 735(b)(2) of the                 produce a different product. For such blends,        Office III, Enforcement and Compliance,
                                                                                                           only the melamine component of the mixture           International Trade Administration,
                                                  Act, the ITC will determine, within 45
                                                                                                           is covered by the scope of this investigation.
                                                  days, whether the domestic industry in                                                                        U.S. Department of Commerce, 14th
                                                                                                           Melamine that is otherwise subject to this
                                                  the United States is materially injured,                 investigation is not excluded when                   Street and Constitution Avenue NW.,
                                                  or threatened with material injury, by                   commingled with melamine from sources not            Washington, DC 20230; telephone 202–
                                                  reason of imports of melamine from                       subject to this investigation. Only the subject      482–4987.
                                                  Trinidad and Tobago, or sales (or the                    component of such commingled products is             SUPPLEMENTARY INFORMATION:
                                                                                                           covered by the scope of this investigation.
                                                  likelihood of sales) for importation, of                    The subject merchandise is provided for in        Background
                                                  melamine from Trinidad and Tobago. If                    subheading 2933.61.0000 of the Harmonized
                                                  the ITC determines that such injury                      Tariff Schedule of the United States                    The petitioner to this investigation is
                                                  does not exist, this proceeding will be                  (‘‘HTSUS’’). Although the HTSUS                      Cornerstone Chemical Company
                                                  terminated and all securities posted will                subheading and CAS registry number are               (‘‘Petitioner’’). The Department selected
                                                  be refunded or canceled. If the ITC                      provided for convenience and customs                 five mandatory respondents; Far-
                                                                                                           purposes, the written description of the             Reaching Chemical Co., Ltd. (‘‘Far-
                                                  determines that such injury does exist,                  scope is dispositive.
                                                  the Department will issue an                                                                                  Reaching Chemical’’), Zhongyuan
                                                  antidumping duty order directing CBP                     Appendix II—Issues and Decision                      Dahua Group Co., Ltd. (‘‘Zhongyuan
                                                  to assess, upon further instruction by                   Memorandum                                           Dahua’’), Qingdao Unichem
                                                  the Department, antidumping duties on                                                                         International Trade Co., Ltd. (‘‘Qingdao
                                                                                                           I. Summary
                                                                                                                                                                Unichem’’), M and A Chemicals Corp
                                                  all imports of the subject merchandise                   II. Background
                                                                                                           III. Scope of the Investigation                      China (‘‘M&A Chemicals’’), and
                                                  entered, or withdrawn from warehouse,
                                                                                                           IV. Changes Since the Preliminary                    Shandong Liaherd Chemical Industry
                                                  for consumption on or after the effective
                                                                                                                 Determination                                  Co., Ltd. (‘‘Shandong Liaherd’’). All five
                                                  date of the suspension of liquidation.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           V. Discussion of the Issues                          mandatory respondents and the
                                                                                                              Comment 1: Depreciation Expense of Urea           Government of the PRC refused to
                                                    8 In this case, although the product under
                                                                                                                 Plant                                          participate in this investigation.
                                                  investigation is also subject to a countervailing duty      Comment 2: Natural Gas Curtailments
                                                  investigation, the Department found no                                                                        Period of Investigation
                                                  countervailing duty determined to constitute an            9 Melamine    is also known as 2,4,6-triamino-s-
                                                  export subsidy. Therefore, we did not offset the         triazine; 1,3,5-Triazine-2,4,6-triamine;
                                                                                                                                                                  The period of investigation for which
                                                  cash deposit rates shown above for purposes of this      Cyanurotriamide; Cyanurotriamine; Cyanuramide;       we are measuring subsidies is January 1,
                                                  determination.                                           and by various brand names.                          2013, through December 31, 2013.


                                             VerDate Sep<11>2014   17:21 Nov 05, 2015   Jkt 238001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\06NON1.SGM   06NON1


                                                  68848                        Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

                                                  Case History                                            powder or granule typically (but not                  reflect the highest calculated CVD rates
                                                     The Department published its                         exclusively) used to manufacture                      for these programs.6
                                                  Preliminary Determination on April 20,                  melamine formaldehyde resins. All
                                                                                                                                                                Suspension of Liquidation
                                                  2015.1 In it, the Department applied an                 melamine is covered by the scope of this
                                                  adverse inference to find that the                      investigation irrespective of purity,                   In accordance with section
                                                  programs on which the Department                        particle size, or physical form.                      705(c)(1)(B)(i) of the Act, we have
                                                  initiated this investigation and the                    Melamine that has been blended with                   calculated individual rates for Far-
                                                  programs which the Department                           other products is included within this                Reaching Chemical, Zhongyuan Dahua,
                                                  subsequently included in this                           scope when such blends include                        Qingdao Unichem, M&A Chemicals, and
                                                  investigation pursuant to allegations                   constituent parts that have been                      Shandong Liaherd. Section
                                                  made by Petitioner,2 are                                intermingled, but that have not been                  705(c)(5)(A)(i) of the Act states that for
                                                  countervailable. Further, the                           chemically reacted with each other to                 companies not individually
                                                  Department applied an adverse                           produce a different product. For such                 investigated, we will determine an ‘‘all-
                                                  inference in its calculation of the ad                  blends, only the melamine component                   others’’ rate equal to the weighted
                                                  valorem estimated countervailable                       of the mixture is covered by the scope                average countervailable subsidy rates
                                                  subsidy rate for Far-Reaching Chemical,                 of this investigation. Melamine that is               established for exporters and producers
                                                  Zhongyuan Dahua, Qingdao Unichem,                       otherwise subject to this investigation is            individually investigated, excluding any
                                                  M&A Chemicals, and Shandong                             not excluded when commingled with                     zero and de minimis countervailable
                                                  Liaherd. The Department invited, but                    melamine from sources not subject to                  rates, and any rates determined entirely
                                                  did not receive, interested party                       this investigation. Only the subject                  under section 776 of the Act. Section
                                                  comments on the Preliminary                             component of such commingled                          705(c)(5)(A)(ii) of the Act states that if
                                                  Determination. Thus, we have made no                    products is covered by the scope of this              the countervailable subsidy rates for all
                                                  changes from the Preliminary                            investigation.                                        exporters and producers individually
                                                  Determination with respect to the
                                                                                                            The subject merchandise is provided                 investigated are zero or de minimis
                                                  determination to apply adverse
                                                                                                          for in subheading 2933.61.0000 of the                 rates, or are determined entirely under
                                                  inferences. However, as explained
                                                  below, we made certain changes                          Harmonized Tariff Schedule of the                     section 776 of the Act, the Department
                                                  to the ad valorem final subsidy                         United States (‘‘HTSUS’’). Although the               may use any reasonable method to
                                                  rate.                                                   HTSUS subheading and CAS registry                     establish an all-others rate for exporters
                                                     Also in the Preliminary                              number are provided for convenience                   and producers not individually
                                                  Determination, pursuant to section                      and customs purposes, the written                     investigated, including averaging the
                                                  705(a)(1) of the Tariff Act of 1930, as                 description of the scope is dispositive.              weighted average countervailable
                                                  amended (‘‘the Act’’) and 19 CFR                                                                              subsidy rates determined for the
                                                                                                          Use of Facts Otherwise Available,                     exporters and producers individually
                                                  351.210(b)(4), we aligned the final
                                                  countervailing duty (‘‘CVD’’)                           Including Adverse Inferences                          investigated. As described above, all of
                                                  determination with the final                                                                                  the mandatory respondents’ subsidy
                                                                                                             For purposes of this final
                                                  antidumping duty (‘‘AD’’)                                                                                     rates were calculated entirely under
                                                                                                          determination, we relied on facts
                                                  determination. On July 2, 2015, the                                                                           section 776 of the Act. Therefore, we
                                                                                                          available and applied an adverse
                                                  Department postponed the final AD                                                                             have resorted to ‘‘any reasonable
                                                                                                          inference, in accordance with sections
                                                  determination (and, thus, the instant,                                                                        method’’ to derive the ‘‘all-others’’ rate,
                                                                                                          776(a) and (b) of the Act, with regard to
                                                  aligned, CVD determination) until                                                                             as described under section
                                                                                                          (1) the existence of a financial
                                                  November 2, 2015.3                                                                                            705(c)(5)(A)(ii) of the Act. We are
                                                                                                          contribution, benefit, and specificity for
                                                                                                                                                                basing the ‘‘all-others’’ rate on the
                                                  Scope of the Investigation                              the alleged subsidy programs and (2) the
                                                                                                                                                                simple average of the five rates
                                                    The merchandise subject to this                       net subsidy rates assigned to Far-
                                                                                                                                                                determined for the mandatory
                                                  investigation is melamine (Chemical                     Reaching Chemical, Zhongyuan Dahua,
                                                                                                                                                                respondents, consistent with section
                                                  Abstracts Service (‘‘CAS’’) registry                    Qingdao Unichem, M&A Chemicals, and
                                                                                                                                                                705(c)(5)(A)(ii) of the Act.7
                                                  number 108–78–01, molecular formula                     Shandong Liaherd. A full discussion of
                                                  C3H6N6).4 Melamine is a crystalline                     our decision to rely on adverse facts                   6 Id. See also Countervailing Duty Investigation of
                                                                                                          available (‘‘AFA’’) is presented in the               Certain Passenger Vehicle and Light Truck Tires
                                                     1 See Melamine From the People's Republic of         Preliminary Decision Memorandum                       From the People's Republic of China: Final
                                                  China: Preliminary Affirmative Countervailing Duty      under the section ‘‘Use of Facts                      Affirmative Determination, and Final Affirmative
                                                  Determination, and Alignment of Final                   Otherwise Available and Adverse                       Critical Circumstances Determination, in Part, 80
                                                  Determination With Final Antidumping Duty                                                                     FR 34888 (June 18, 2015), and accompanying issues
                                                  Determination, 80 FR 21706 (April 20, 2015)             Inferences.’’ However, for this final
                                                                                                                                                                and decision memorandum (where we calculated a
                                                  (‘‘Preliminary Determination’’), and the                determination we are making certain                   rate of 4.25 percent for the similar program ‘‘Export
                                                  accompanying Preliminary Decision                       changes to the AFA rates.5 Specifically,              Seller’s Credits from the Export Import Bank of
                                                  Memorandum.
                                                     2 See the Department’s memorandum entitled
                                                                                                          we are revising the AFA rates for                     China’’), unchanged in Certain Passenger Vehicle
                                                                                                          ‘‘Preferential Export Financing from the              and Light Truck Tires From the People's Republic
                                                  ‘‘Countervailing Duty Investigation on Melamine
                                                                                                                                                                of China: Amended Final Affirmative Antidumping
                                                  from the People’s Republic of China: January 27,        Export-Import Bank of China’’ and
                                                  2015 New Subsidy Allegations,’’ dated March 25,                                                               Duty Determination and Antidumping Duty Order;
                                                                                                          ‘‘Reduced Fee Export Insurance’’ to                   and Amended Final Affirmative Countervailing
                                                  2015.
                                                     3 See Melamine from the People's Republic of                                                               Duty Determination and Countervailing Duty Order,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  China: Postponement of Final Determination of           Cyanurotriamide; Cyanurotriamine; Cyanuramide;        80 FR 47902 (August 10, 2015).
                                                  Sales at Less Than Fair Value, 80 FR 38175 (July        and by various brand names.                             7 See, e.g., Carbon and Certain Alloy Steel Wire

                                                  02, 2015).                                                 5 See Memorandum to the File titled ‘‘Melamine     Rod From the People's Republic of China: Final
                                                     4 Melamine is also known as 2,4,6-triamino-s-        from the People’s Republic of China: Final            Affirmative Countervailing Duty Determination and
                                                  triazine; 1,3,5-Triazine-2,4,6-triamine;                Calculations,’’ dated November 2, 2015.               Final Affirmative Critical Circumstances
                                                                                                                                                                Determination, 79 FR 68858 (November 19, 2014).




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                                                                                         Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                                    68849

                                                    We determine the total estimated net                             ITC confirms it will not disclose such                Background
                                                  countervailable subsidy rates to be:                               information, either publicly or under an                Petitioner in this investigation is
                                                                                                                     administrative protective order                       Cornerstone Chemical Company. In
                                                                                                        Subsidy      (‘‘APO’’), without the written consent of
                                                                   Company                               rate                                                              addition to the Government of the
                                                                                                                     the Assistant Secretary for Enforcement               Republic of Trinidad and Tobago, the
                                                                                                       (percent)
                                                                                                                     and Compliance.                                       mandatory respondent is Methanol
                                                  Far-Reaching Chemical Co., Ltd                          154.00     Return or Destruction of Proprietary                  Holdings (Trinidad) Ltd. (MHTL). The
                                                  M and A Chemicals Corp China                            154.00                                                           period of investigation for which we
                                                  Qingdao Unichem International
                                                                                                                     Information
                                                                                                                                                                           measured subsidies is January 1, 2013,
                                                     Trade Co., Ltd .........................             154.00
                                                                                                           In the event that the ITC issues a final                        through December 31, 2013.
                                                  Shandong Liaherd Chemical In-                         negative injury determination, this
                                                     dustry Co., Ltd ........................            8 156.90
                                                                                                        notice will serve as the only reminder                             Case History
                                                  Zhongyuan Dahua Group Co.,
                                                     Ltd ...........................................
                                                                                                 154.00
                                                                                                        to parties subject to an APO of their                                 The events that occurred in this
                                                  All Others ....................................154.58 responsibility concerning the                                      investigation since the Department
                                                                                                        destruction of proprietary information                             published the Preliminary
                                                     As a result of our Preliminary                     disclosed under APO in accordance                                  Determination on April 20, 2015,1 are
                                                  Determination, and pursuant to section                with 19 CFR 351.305(a)(3). Timely                                  discussed in the Final Decision
                                                  703(d) of the Act, we instructed U.S.                 written notification of the return/                                Memorandum, which is hereby adopted
                                                  Customs and Border Protection (‘‘CBP’’) destruction of APO materials or                                                  by this notice.2 The Final Decision
                                                  to suspend liquidation of all entries of              conversion to judicial protective order is                         Memorandum is a public document and
                                                  melamine from the PRC that were                       hereby requested. Failure to comply                                is on file electronically via Enforcement
                                                  entered or withdrawn from warehouse,                  with the regulations and terms of an                               and Compliance’s Antidumping and
                                                  for consumption on or after April 20,                 APO is a violation that is subject to                              Countervailing Duty Centralized
                                                  2015, the date of publication of the                  sanction.                                                          Electronic Service System (ACCESS).
                                                  Preliminary Determination in the                         This determination is published                                 ACCESS is available to registered users
                                                  Federal Register. In accordance with                  pursuant to sections 705(d) and 777(i) of                          at http://access.trade.gov and is
                                                  section 703(d) of the Act, we issued                  the Act.                                                           available to all parties in the Central
                                                  instructions to CBP to discontinue the                   Dated: October 30, 2015.                                        Records Unit, Room B8024 of the main
                                                  suspension of liquidation for CVD                                                                                        Department of Commerce building. In
                                                                                                        Paul Piquado,
                                                  purposes for subject merchandise                                                                                         addition, a complete version of the Final
                                                  entered, or withdrawn from warehouse, Assistant Secretary for Enforcement and                                            Decision Memorandum can be accessed
                                                                                                        Compliance.
                                                  on or after August 18, 2015, but to                                                                                      directly on the internet at http://
                                                                                                        [FR Doc. 2015–28351 Filed 11–5–15; 8:45 am]
                                                  continue the suspension of liquidation                                                                                   enforcement.trade.gov/frn/index.html.
                                                  of all entries from April 20, 2015,                   BILLING CODE 3510–DS–P
                                                                                                                                                                           The signed Final Decision
                                                  through August 17, 2015.                                                                                                 Memorandum and the electronic
                                                     If the U.S. International Trade                                                                                       version of the Final Decision
                                                  Commission (‘‘ITC’’) issues a final                   DEPARTMENT OF COMMERCE
                                                                                                                                                                           Memorandum are identical in content.
                                                  affirmative injury determination, we
                                                                                                        International Trade Administration                                 Scope of the Investigation
                                                  will issue a CVD order and reinstate the
                                                  suspension of liquidation under section                                                                                    The product covered by this
                                                  706(a) of the Act and will require a cash [C–274–807]                                                                    investigation is melamine (Chemical
                                                  deposit of estimated CVDs for such                                                                                       Abstracts Service (CAS) registry number
                                                                                                        Melamine From Trinidad and Tobago:
                                                  entries of merchandise in the amounts                                                                                    108–78–01, molecular formula
                                                                                                        Final Affirmative Countervailing Duty
                                                  indicated above. If the ITC determines                                                                                   C3H6N6).3 Melamine is a crystalline
                                                                                                        Determination
                                                  that material injury, or threat of material                                                                              powder or granule typically (but not
                                                  injury, does not exist, this proceeding               AGENCY: Enforcement and Compliance,                                exclusively) used to manufacture
                                                  will be terminated and all estimated                  International Trade Administration,                                melamine formaldehyde resins. All
                                                  duties deposited or securities posted as              Commerce.                                                          melamine is covered by the scope of this
                                                  a result of the suspension of liquidation                                                                                investigation irrespective of purity,
                                                                                                        SUMMARY: The Department of Commerce
                                                  will be refunded or canceled.                                                                                            particle size, or physical form.
                                                                                                        (the Department) determines that
                                                  ITC Notification                                                                                                         Melamine that has been blended with
                                                                                                        countervailable subsidies are being
                                                     In accordance with section 705(d) of               provided to a producer and exporter of                                1 See Melamine from Trinidad and Tobago:

                                                  the Act, we will notify the ITC of our                melamine from Trinidad and Tobago.                                 Preliminary Affirmative Countervailing Duty
                                                  determination. In addition, we are                    For more information on the estimated                              Determination and Alignment of Final
                                                  making available to the ITC all non-                  subsidy rate, see the ‘‘Final                                      Determination With Final Antidumping
                                                                                                        Determination’’ section of this notice.                            Determination, 80 FR 21708 (April 20, 2015)
                                                  privileged and non-proprietary                                                                                           (Preliminary Determination).
                                                  information related to this investigation. DATES: Effective: November 6, 2015.                                              2 See Memorandum from Christian Marsh, Deputy

                                                  We will allow the ITC access to all                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                           Assistant Secretary for Antidumping and
                                                  privileged and business proprietary                                                                                      Countervailing Duty Operations, to Paul Piquado,
                                                                                                        Kristen Johnson or Patricia Tran, Office                           Assistant Secretary for Enforcement and
                                                  information in our files, provided the                III, AD/CVD Operations, Enforcement                                Compliance regarding ‘‘Issues and Decision
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                        and Compliance, International Trade                                Memorandum for the Final Affirmative
                                                    8 See Preliminary Decision Memorandum at 7,                                                                            Determination in the Countervailing Duty
                                                                                                        Administration, U.S. Department of                                 Investigation of Melamine from Trinidad and
                                                  where we explained that the AFA rate applicable
                                                  to Shandong Liaherd includes additional grant         Commerce, 14th Street and Constitution                             Tobago,’’ dated concurrently with this notice (Final
                                                  programs applicable only to Shandong Liaherd          Avenue NW., Washington, DC 20230;                                  Decision Memorandum).
                                                  based upon information contained in Shandong’s        telephone: (202) 482–4793, or (202)                                   3 Melamine is also known as 2,4,6-triamino-s-

                                                  Liaherd’s financial statements. See also ‘‘Initiation 482–1503, respectively.                                            triazine; 1,3,5-Triazine-2,4,6-triamine;
                                                  Checklist: Melamine from the People’s Republic of                                                                        Cyanurotriamide; Cyanurotriamine; Cyanuramide;
                                                  China’’ (December 2, 2014).                           SUPPLEMENTARY INFORMATION:                                         and by various brand names.



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Document Created: 2015-12-14 15:09:07
Document Modified: 2015-12-14 15:09:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective: November 6, 2015.
ContactAndrew Medley, 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 202-482-4987.
FR Citation80 FR 68847 

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