80 FR 68849 - Melamine From Trinidad and Tobago: Final Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 215 (November 6, 2015)
International Trade Administration
Federal Register Volume 80, Issue 215 (November 6, 2015)
| Page Range | 68849-68851 | |
| FR Document | 2015-28349 |
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)] [Notices] [Pages 68849-68851] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28349] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-274-807] Melamine From Trinidad and Tobago: Final Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to a producer and exporter of melamine from Trinidad and Tobago. For more information on the estimated subsidy rate, see the ``Final Determination'' section of this notice. DATES: Effective: November 6, 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, or (202) 482-1503, respectively. SUPPLEMENTARY INFORMATION: Background Petitioner in this investigation is Cornerstone Chemical Company. In addition to the Government of the Republic of Trinidad and Tobago, the mandatory respondent is Methanol Holdings (Trinidad) Ltd. (MHTL). The period of investigation for which we measured subsidies is January 1, 2013, through December 31, 2013. Case History The events that occurred in this investigation since the Department published the Preliminary Determination on April 20, 2015,\1\ are discussed in the Final Decision Memorandum, which is hereby adopted by this notice.\2\ The Final 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). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Final Decision Memorandum and the electronic version of the Final Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Melamine from Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 80 FR 21708 (April 20, 2015) (Preliminary Determination). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding ``Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Melamine from Trinidad and Tobago,'' dated concurrently with this notice (Final Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is melamine (Chemical Abstracts Service (CAS) registry number 108-78-01, molecular formula C3 H6 N6 ).\3\ Melamine is a crystalline powder or granule typically (but not exclusively) used to manufacture melamine formaldehyde resins. All melamine is covered by the scope of this investigation irrespective of purity, particle size, or physical form. Melamine that has been blended with [[Page 68850]] 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. --------------------------------------------------------------------------- \3\ 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. Analysis of Subsidy Programs and Comments Received The Department has conducted this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). The subsidy programs under investigation, the changes we made since the Preliminary Determination, the issues raised in the case and rebuttal briefs filed by interested parties, and a full description of the methodology underlying our conclusions are discussed in the Final Decision Memorandum. A list of subsidy programs and the issues that parties raised is attached to this notice as an appendix. Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a subsidy rate for MHTL, the only company subject to individual examination in this investigation. We determine that MHTL's total estimated net countervailable subsidy rate is 6.79 percent ad valorem.\4\ --------------------------------------------------------------------------- \4\ We intend to disclose to parties the calculations performed in this proceeding within five days of the public announcement of this notice in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- 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 subsidy rates, and any rates determined entirely under section 776 of the Act. Where the rates for investigated companies are zero or de minimis, or based entirely on facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an ``all others'' rate using ``any reasonable method.'' As MHTL is the only company subject to individual examination in this investigation and its rate is not zero, de minimis, or based on facts otherwise available, we have assigned the 6.79 percent ad valorem rate calculated for MHTL as the ``all others'' rate in this investigation. 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 collect cash deposits and suspend liquidation of all entries of subject merchandise from Trinidad and Tobago, which were entered or withdrawn from warehouse, for consumption on or after April 20, 2015, the date of the publication of the Preliminary Determination. In accordance with section 703(d) of the Act, we later issued instructions to CBP to discontinue the collection of cash deposits and suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after August 18, 2015, but to continue the collection of cash deposits and suspension of liquidation of all entries from April 20, 2015, through August 17, 2015. 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 duties for such entries of merchandise in the amounts indicated above. However, 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 that 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. Appendix--List of Topics Discussed in the Final Decision Memorandum 1. Summary 2. Background A. Since Publication of the Preliminary Determination B. Comments 3. Scope of the Investigation 4. Subsidies Valuation A. Period of Investigation B. Allocation Period C. Attribution of Subsidies D. Denominators E. Discount Rates 5. Analysis of Programs A. Programs Determined to Be Countervailable 1. Fiscal Incentives Act: Tax Programs a. Corporate Tax Exemption b. Customs Duties: Import Duties and VAT Exemption 2. Provision of Natural Gas for Less Than Adequate Remuneration (LTAR) B. Program Determined Not to Be Countervailable 1. Provision of Electricity for LTAR C. Program Determined to Not Confer a Subsidy to MHTL 1. Bailout Program D. Programs Determined Not To Be Used 1. Certain Income Taxes under the Fiscal Incentives Order 2. Land and Building Taxes 6. Analysis of Comments Comment 1: Whether MHTL Was Cross-Owned with Colonial Life Insurance Company (Trinidad) Limited (CLICO) Comment 2: Whether the CLICO Bailout Should Be Attributed to MHTL Comment 3: Whether Any Bailout Subsidies Were Extinguished When CLICO Sold Its Shares in MHTL Comment 4: Whether the Provision of Natural Gas for LTAR Is Countervailable Comment 5: Whether the Import Duties and Value Added Tax (VAT) Exemption Is Countervailable [[Page 68851]] Comment 6: Whether the VAT Benefit Calculation Should Be Revised Comment 7: Whether MHTL's Sales Denominator Should Be Revised 7. Recommendation [FR Doc. 2015-28349 Filed 11-5-15; 8:45 am] BILLING CODE 3510-DS-P
![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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Comment 6: Whether the VAT Benefit Determination, the Department found and customs purposes, the written
Calculation Should Be Revised that the mandatory respondents did not description of the scope is dispositive.
Comment 7: Whether MHTL’s Sales establish their eligibility for a separate
Denominator Should Be Revised Separate Rate
rate and were thus part of the PRC-wide
7. Recommendation In the Preliminary Determination, we
entity. In addition, because the PRC-
[FR Doc. 2015–28349 Filed 11–5–15; 8:45 am] wide entity failed to cooperate to the determined that none of the exporters
BILLING CODE 3510–DS–P best of its ability in complying with our subject to this investigation
requests for information, we demonstrated their eligibility for a
preliminarily determined an estimated separate rate and as such are part of the
DEPARTMENT OF COMMERCE weighted-average dumping margin PRC-wide entity.6 No party commented
based on adverse facts available for the on this determination. As a result, for
International Trade Administration this final determination, we are
PRC-wide entity in accordance with
[A–570–020] section 776 of the Act and 19 CFR continuing to treat these exporters as
351.308.3 The Department invited all part of the PRC-wide entity and subject
Melamine From the People’s Republic interested parties to provide comment to the PRC-wide rate.
of China: Final Determination of Sales on these findings. No interested party
at Less Than Fair Value PRC-Wide Entity
provided comments on our preliminary
determination. Therefore, this final In the Preliminary Determination, the
AGENCY: Enforcement and Compliance, Department assigned to the PRC-wide
International Trade Administration, determination does not differ from the
Preliminary Determination. On July 2, entity a rate of 363.31 percent based
Commerce. upon AFA.7 Given that the Department
SUMMARY: On June 18, 2015, the
2015, the Department postponed the
final determination until November 2, did not receive any comments from
Department of Commerce interested parties, for this final
(‘‘Department’’) published the 2015.4
determination, the Department
preliminary determination of sales at Scope of the Order continues to assign an AFA rate of
less than fair value (‘‘LTFV’’) of The merchandise subject to this 363.31 percent to the PRC-wide entity.
melamine from the People’s Republic of investigation is melamine (Chemical
China (‘‘PRC’’).1 The Department Final Determination
Abstracts Service (‘‘CAS’’) registry
requested from interested parties, but number 108–78–01, molecular formula The Department determines that the
did not receive, comments on the C3H6N6).5 Melamine is a crystalline estimated final weighted-average
Preliminary Determination, which was powder or granule typically (but not dumping margin is as follows:
based entirely on adverse facts exclusively) used to manufacture
available. The Department, thus, Weighted-
melamine formaldehyde resins. All average
determines that melamine from the PRC melamine is covered by the scope of this Exporter margin
is being, or is likely to be, sold in the investigation irrespective of purity, (percent)
United States at LTFV, as provided in particle size, or physical form.
section 735 of the Tariff Act of 1930, as Melamine that has been blended with PRC-Wide Entity 8 ...................... 363.31
amended (the ‘‘Act’’). The period of other products is included within this
investigation (‘‘POI’’) is April 1, 2014, scope when such blends include Disclosure
though September 30, 2014. The final constituent parts that have been Normally, the Department discloses to
weighted-average dumping margin of intermingled, but that have not been interested parties the calculations
sales at LTFV is listed below in the chemically reacted with each other to
‘‘Final Determinations’’ section of this produce a different product. For such 6 See Preliminary Determination, and
notice. blends, only the melamine component accompanying Preliminary Decision Memorandum
DATES: Effective: November 6, 2015. of the mixture is covered by the scope at 3–5.
7 See Preliminary Determination, 80 FR at 34892.
FOR FURTHER INFORMATION CONTACT: of these investigations. Melamine that is 8 The PRC-wide entity includes the mandatory
James Terpstra, AD/CVD Operations, otherwise subject to this investigation is respondents Allied Chemicals Inc., Xinji Jiuyuan
Office III, Enforcement and Compliance, not excluded when commingled with Chemical Co., Ltd., Sichuan Golden Elephant
U.S. Department of Commerce, 14th melamine from sources not subject to Sincerity Chemical Co., Ltd., and Zhongyuan Dahua
this investigation. Only the subject Group Inc., which withdrew from the investigation
Street and Constitution Avenue NW., prior to respondent selection. The PRC-wide entity
Washington, DC 20230; telephone: (202) component of such commingled also includes 26 exporters which received a
482–3965. products is covered by the scope of this quantity and value questionnaire from the
SUPPLEMENTARY INFORMATION: investigation. Department but did not respond to the
The subject merchandise is provided questionnaire. Those companies are: Anhui Jinhe
Background Industrial Co., Ltd., Anhui Sunson Chemical Group
for in subheading 2933.61.0000 of the Co., Ltd., Chengdu Yulong Chemical Co., Ltd.,
On June 18, 2015, the Department Harmonized Tariff Schedule of the Fujian Sangang (Group), Hebei Jinglong Fengli
published the Preliminary United States (‘‘HTSUS’’). Although the Chemical Co., Ltd., Hefei Tianfeng Import & Export
HTSUS subheading and CAS registry Co Ltd. China, Henan Zhongyuan Dahua Group Co.,
Determination.2 In the Preliminary Ltd., JianFeng Chemicals, Jiangsu Heyou Group Co.,
number are provided for convenience Ltd., Jiangsu Sanmu Group Corporation, Kaiwei
1 See Melamine from the People's Republic of
Investment Group, M and A Chemicals, Corp China,
China: Preliminary Determination of Sales at Less the People’s Republic of China,’’ dated June 10, Nanjing Deju Trading Co Ltd. China, Nantong Zixin
Than Fair Value, 80 FR 34891 (June 18, 2015) 2015 (‘‘Preliminary Decision Memorandum’’). Industrial Co., Ltd., OCI Trading (Shanghai) Co.,
mstockstill on DSK4VPTVN1PROD with NOTICES
(‘‘Preliminary Determination''). 3 Id. Ltd. China, Panjin Zhongrun Chemical Co., Ltd.,
2 See Preliminary Determination and 4 See Melamine from the People's Republic of Qingdao Shida Chemical Co., Ltd. China, Shandong
accompanying Memorandum to Paul Piquado, China: Postponement of Final Determination of Jinmei Mingshui Chemical Co., Ltd., Shandong
Assistant Secretary for Enforcement and Sales at Less Than Fair Value, 80 FR 38175 (July Liaherd Chemical Industry Co., Ltd., Shandong
Compliance, from Christian Marsh, Deputy 2, 2015). Sanhe Chemical Company Ltd., Shandong Xintai
Assistant Secretary for Antidumping and 5 Melamine is also known as 2,4,6-triamino-s- Liaherd Chemical Co., Ltd., Shandong Yixing
Countervailing Duty Operations, ‘‘Decision triazine; 1,3,5-Triazine-2,4,6-triamine; Melamine Co., Ltd., Sichuan Chemical Works
Memorandum for Preliminary Determination of the Cyanurotriamide; Cyanurotriamine; Cyanuramide; Group Ltd., Sinopec Jinling Petrochemical Co., Ltd.,
Antidumping Duty Investigation of Melamine from and by various brand names. Continued
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Document Created: 2015-12-14 15:08:53
Document Modified: 2015-12-14 15:08:53
| 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: November 6, 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, or (202) 482-1503, respectively. | |
| FR Citation | 80 FR 68849 |
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