80 FR 68851 - Melamine From the People's Republic of China: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range		68851-68852
FR Document		2015-28352

On June 18, 2015, the Department of Commerce (``Department'') published the preliminary determination of sales at less than fair value (``LTFV'') of melamine from the People's Republic of China (``PRC'').\1\ The Department requested from interested parties, but did not receive, comments on the Preliminary Determination, which was based entirely on adverse facts available. The Department, thus, determines that melamine from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (the ``Act''). The period of investigation (``POI'') is April 1, 2014, though September 30, 2014. The final weighted-average dumping margin of sales at LTFV is listed below in the ``Final Determinations'' 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 68851-68852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28352]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-020]


Melamine From the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value

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

SUMMARY: On June 18, 2015, the Department of Commerce (``Department'') 
published the preliminary determination of sales at less than fair 
value (``LTFV'') of melamine from the People's Republic of China 
(``PRC'').\1\ The Department requested from interested parties, but did 
not receive, comments on the Preliminary Determination, which was based 
entirely on adverse facts available. The Department, thus, determines 
that melamine from the PRC is being, or is likely to be, sold in the 
United States at LTFV, as provided in section 735 of the Tariff Act of 
1930, as amended (the ``Act''). The period of investigation (``POI'') 
is April 1, 2014, though September 30, 2014. The final weighted-average 
dumping margin of sales at LTFV is listed below in the ``Final 
Determinations'' section of this notice.
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    \1\ See Melamine from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 80 FR 
34891 (June 18, 2015) (``Preliminary Determination'').

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DATES: Effective: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, 
Office III, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-3965.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 2015, the Department published the Preliminary 
Determination.\2\ In the Preliminary Determination, the Department 
found that the mandatory respondents did not establish their 
eligibility for a separate rate and were thus part of the PRC-wide 
entity. In addition, because the PRC-wide entity failed to cooperate to 
the best of its ability in complying with our requests for information, 
we preliminarily determined an estimated weighted-average dumping 
margin based on adverse facts available for the PRC-wide entity in 
accordance with section 776 of the Act and 19 CFR 351.308.\3\ The 
Department invited all interested parties to provide comment on these 
findings. No interested party provided comments on our preliminary 
determination. Therefore, this final determination does not differ from 
the Preliminary Determination. On July 2, 2015, the Department 
postponed the final determination until November 2, 2015.\4\
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    \2\ See Preliminary Determination and accompanying Memorandum to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Decision Memorandum for 
Preliminary Determination of the Antidumping Duty Investigation of 
Melamine from the People's Republic of China,'' dated June 10, 2015 
(``Preliminary Decision Memorandum'').
    \3\ Id.
    \4\ See Melamine from the People's Republic of China: 
Postponement of Final Determination of Sales at Less Than Fair 
Value, 80 FR 38175 (July 2, 2015).
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Scope of the Order

    The merchandise subject to this investigation is melamine (Chemical 
Abstracts Service (``CAS'') registry number 108-78-01, molecular 
formula C3H6N6).\5\ 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 these 
investigations. Melamine that is otherwise subject to this 
investigation is not excluded when commingled with melamine from 
sources not subject to this investigation. Only the subject component 
of such commingled products is covered by the scope of this 
investigation.
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    \5\ 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.
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    The subject merchandise is provided for in subheading 2933.61.0000 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheading and CAS registry number are provided for 
convenience and customs purposes, the written description of the scope 
is dispositive.

Separate Rate

    In the Preliminary Determination, we determined that none of the 
exporters subject to this investigation demonstrated their eligibility 
for a separate rate and as such are part of the PRC-wide entity.\6\ No 
party commented on this determination. As a result, for this final 
determination, we are continuing to treat these exporters as part of 
the PRC-wide entity and subject to the PRC-wide rate.
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    \6\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 3-5.
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PRC-Wide Entity

    In the Preliminary Determination, the Department assigned to the 
PRC-wide entity a rate of 363.31 percent based upon AFA.\7\ Given that 
the Department did not receive any comments from interested parties, 
for this final determination, the Department continues to assign an AFA 
rate of 363.31 percent to the PRC-wide entity.
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    \7\ See Preliminary Determination, 80 FR at 34892.
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Final Determination

    The Department determines that the estimated final weighted-average 
dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
PRC-Wide Entity \8\........................................      363.31
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Disclosure
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    \8\ The PRC-wide entity includes the mandatory respondents 
Allied Chemicals Inc., Xinji Jiuyuan Chemical Co., Ltd., Sichuan 
Golden Elephant Sincerity Chemical Co., Ltd., and Zhongyuan Dahua 
Group Inc., which withdrew from the investigation prior to 
respondent selection. The PRC-wide entity also includes 26 exporters 
which received a quantity and value questionnaire from the 
Department but did not respond to the questionnaire. Those companies 
are: Anhui Jinhe Industrial Co., Ltd., Anhui Sunson Chemical Group 
Co., Ltd., Chengdu Yulong Chemical Co., Ltd., Fujian Sangang 
(Group), Hebei Jinglong Fengli Chemical Co., Ltd., Hefei Tianfeng 
Import & Export Co Ltd. China, Henan Zhongyuan Dahua Group Co., 
Ltd., JianFeng Chemicals, Jiangsu Heyou Group Co., Ltd., Jiangsu 
Sanmu Group Corporation, Kaiwei Investment Group, M and A Chemicals, 
Corp China, Nanjing Deju Trading Co Ltd. China, Nantong Zixin 
Industrial Co., Ltd., OCI Trading (Shanghai) Co., Ltd. China, Panjin 
Zhongrun Chemical Co., Ltd., Qingdao Shida Chemical Co., Ltd. China, 
Shandong Jinmei Mingshui Chemical Co., Ltd., Shandong Liaherd 
Chemical Industry Co., Ltd., Shandong Sanhe Chemical Company Ltd., 
Shandong Xintai Liaherd Chemical Co., Ltd., Shandong Yixing Melamine 
Co., Ltd., Sichuan Chemical Works Group Ltd., Sinopec Jinling 
Petrochemical Co., Ltd., Well Hope Enterprises Limited, and Zhejiang 
Fuyang Yongxing Chemical Co., Ltd.
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    Normally, the Department discloses to interested parties the 
calculations

[[Page 68852]]

performed within five days after the date of publication of the notice 
of final determination in the Federal Register, in accordance with 19 
CFR 351.224(b). However, because there are no changes to our 
Preliminary Determination, and because we continue to apply AFA to the 
PRC-wide entity, in accordance with section 776 of the Act, there are 
no final calculations to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all imports of subject merchandise entered or 
withdrawn from warehouse, for consumption on or after June 18, 2015, 
the date of publication of the Preliminary Determination in the Federal 
Register. Pursuant to 19 CFR 351.205 (d), the Department will instruct 
CBP to require a cash deposit equal to the weighted-average amount by 
which the NV exceeds U.S. price, adjusted where appropriate for export 
subsidies,\9\ as follows: (1) The rate for the exporters listed in the 
chart above will be the rate we have determined in this final 
determination; (2) for all PRC exporters of subject merchandise which 
have not received their own rate, the cash-deposit rate will be the 
PRC-wide rate; and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash-deposit rate will be 
the rate applicable to the PRC exporter/producer combination that 
supplied that non-PRC exporter. These suspension-of-liquidation 
instructions will remain in effect until further notice.
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    \9\ See section 772(c)(1)(C) of the Act. Unlike in 
administrative reviews, the Department calculates the adjustment for 
export subsidies in investigations not in the margin calculation 
program, but in the cash deposit instructions issued to CBP. See 
Notice of Final Determination of Sales at Less Than Fair Value, and 
Negative Determination of Critical Circumstances: Certain Lined 
Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
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    As stated previously, we will adjust cash deposit rates by the 
amount of export subsidies, where appropriate. In this LTFV 
investigation, with regard to PRC-wide entity, export subsidies 
constitute 9.66 percent \10\ of the final calculated countervailing 
duty rate in the concurrent countervailing duty investigation, and, 
thus, we will offset the PRC-wide rate of 363.31 percent by the 
countervailing duty rate attributable to export subsidies (i.e., 9.66 
percent) \11\ to calculate the cash deposit rate for this LTFV 
investigation. We are not adjusting the PRC-wide rate for estimated 
domestic subsidy pass-through because we have no basis upon which to 
make such an adjustment.\12\
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    \10\ The following subsidy programs in the concurrent 
countervailing duty investigation are export subsidies: Preferential 
Export Financing from the Export-Import Bank of China (4.25%), 
Reduced Fee Export Insurance (4.25%), Grants to Cover Legal Fees in 
Trade Remedy Cases (0.58%), and Cash Grants for Exports (0.58%).
    \11\ See Melamine from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, dated concurrently 
with this notice.
    \12\ See Preliminary Decision Memorandum at the section, 
``Section 777A(f) of the Act.''
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U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final determination of sales at LTFV. As our final 
determination is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will, within 45 days, determine whether the domestic 
industry in the United States is materially injured, threatened with 
material injury, or the establishment of an industry in the United 
States is materially retarded by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury, threat of material injury, or 
material retardation does not exist, the proceeding will be terminated 
and all securities posted will be refunded or canceled. If the ITC 
determines that such injury, threat of injury, or retardation does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess antidumping duties on all imports of the subject 
merchandise entered or withdrawn from warehouse for consumption on or 
after the effective date of the suspension of liquidation.

Notification Regarding Administrative Protective Order (``APO'')

    This notice also serves as a reminder to the parties subject to APO 
of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28352 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-DS-P

68852 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

performed within five days after the the concurrent countervailing duty Dated: October 30, 2015.
date of publication of the notice of final investigation, and, thus, we will offset Paul Piquado,
determination in the Federal Register, the PRC-wide rate of 363.31 percent by Assistant Secretary for Enforcement and
in accordance with 19 CFR 351.224(b). the countervailing duty rate attributable Compliance.
However, because there are no changes to export subsidies (i.e., 9.66 percent) 11 [FR Doc. 2015–28352 Filed 11–5–15; 8:45 am]
to our Preliminary Determination, and to calculate the cash deposit rate for this BILLING CODE 3510–DS–P
because we continue to apply AFA to LTFV investigation. We are not
the PRC-wide entity, in accordance with adjusting the PRC-wide rate for
section 776 of the Act, there are no final estimated domestic subsidy pass- DEPARTMENT OF COMMERCE
calculations to disclose. through because we have no basis upon
which to make such an adjustment.12 International Trade Administration
Continuation of Suspension of
Liquidation U.S. International Trade Commission [C–583–857]
In accordance with section (‘‘ITC’’) Notification
Countervailing Duty Investigation of
735(c)(1)(B) of the Act, the Department Certain Corrosion-Resistant Steel
will instruct U.S. Customs and Border In accordance with section 735(d) of
the Act, we will notify the ITC of our Products From Taiwan: Preliminary
Protection (‘‘CBP’’) to continue to Negative Countervailing Duty
suspend liquidation of all imports of final determination of sales at LTFV. As
our final determination is affirmative, in Determination
subject merchandise entered or
withdrawn from warehouse, for accordance with section 735(b)(2) of the AGENCY: Enforcement and Compliance,
consumption on or after June 18, 2015, Act, the ITC will, within 45 days, International Trade Administration,
the date of publication of the determine whether the domestic Department of Commerce.
Preliminary Determination in the industry in the United States is
SUMMARY: The Department of Commerce
Federal Register. Pursuant to 19 CFR materially injured, threatened with
material injury, or the establishment of (the Department) preliminarily
351.205 (d), the Department will determines that countervailable
instruct CBP to require a cash deposit an industry in the United States is
materially retarded by reason of imports subsidies are not being provided to
equal to the weighted-average amount producers and exporters of certain
by which the NV exceeds U.S. price, or sales (or the likelihood of sales) for
importation of the subject merchandise. corrosion-resistent steel products
adjusted where appropriate for export (corrosion-resistant steel) from Taiwan.
subsidies,9 as follows: (1) The rate for If the ITC determines that material
injury, threat of material injury, or The period of investigation is January 1,
the exporters listed in the chart above 2014, through December 31, 2014. We
will be the rate we have determined in material retardation does not exist, the
proceeding will be terminated and all invite interested parties to comment on
this final determination; (2) for all PRC this preliminary determination.
exporters of subject merchandise which securities posted will be refunded or
canceled. If the ITC determines that DATES: Effective November 6, 2015.
have not received their own rate, the
cash-deposit rate will be the PRC-wide such injury, threat of injury, or FOR FURTHER INFORMATION CONTACT: Joy
rate; and (3) for all non-PRC exporters retardation does exist, the Department Zhang or Cindy Robinson, Office III,
of subject merchandise which have not will issue an antidumping duty order AD/CVD Operations, Enforcement and
received their own rate, the cash-deposit directing CBP to assess antidumping Compliance, International Trade
rate will be the rate applicable to the duties on all imports of the subject Administration, U.S. Department of
PRC exporter/producer combination merchandise entered or withdrawn from Commerce, 14th Street and Constitution
that supplied that non-PRC exporter. warehouse for consumption on or after Avenue NW., Washington, DC 20230;
These suspension-of-liquidation the effective date of the suspension of telephone: (202) 482–1168 and (202)
instructions will remain in effect until liquidation. 482–3797, respectively.
further notice. Notification Regarding Administrative SUPPLEMENTARY INFORMATION:
As stated previously, we will adjust Protective Order (‘‘APO’’)
cash deposit rates by the amount of Scope of the Investigation
export subsidies, where appropriate. In This notice also serves as a reminder The products covered by this
this LTFV investigation, with regard to to the parties subject to APO of their investigation are corrosion-resistent
PRC-wide entity, export subsidies responsibility concerning the steel products from Taiwan. For a
constitute 9.66 percent 10 of the final disposition of proprietary information complete description of the scope of the
calculated countervailing duty rate in disclosed under APO in accordance investigation, see Appendix II.
with 19 CFR 351.305. Timely Methodology
Well Hope Enterprises Limited, and Zhejiang notification of return or destruction of
Fuyang Yongxing Chemical Co., Ltd. The Department is conducting this
9 See section 772(c)(1)(C) of the Act. Unlike in APO materials or conversion to judicial
administrative reviews, the Department calculates protective order is hereby requested. countervailing duty (CVD) investigation
the adjustment for export subsidies in Failure to comply with the regulations in accordance with section 701 of the
investigations not in the margin calculation and the terms of an APO is a the Act. For a full description of the
program, but in the cash deposit instructions issued methodology underlying our
to CBP. See Notice of Final Determination of Sales sanctionable violation.
at Less Than Fair Value, and Negative preliminary conclusions, see the
This determination and notice are
Determination of Critical Circumstances: Certain Preliminary Decision Memorandum.1 A
issued and published in accordance
mstockstill on DSK4VPTVN1PROD with NOTICES

Lined Paper Products from India, 71 FR 45012 list of topics discussed in the
(August 8, 2006), and accompanying Issues and with sections 735(d) and 777(i)(1) of the
Decision Memorandum at Comment 1.
Preliminary Decision Memorandum is
Act.
10 The following subsidy programs in the
1 See Memorandum, ‘‘Countervailing Duty
concurrent countervailing duty investigation are
11 See Melamine from the People’s Republic of
export subsidies: Preferential Export Financing Investigation of Certain Corrosion-Resistant Steel
from the Export-Import Bank of China (4.25%), China: Final Affirmative Countervailing Duty Products from Taiwan: Decision Memorandum for
Reduced Fee Export Insurance (4.25%), Grants to Determination, dated concurrently with this notice. the Preliminary Negative Determination,’’ dated
Cover Legal Fees in Trade Remedy Cases (0.58%), 12 See Preliminary Decision Memorandum at the concurrently with, and hereby adopted by, this
and Cash Grants for Exports (0.58%). section, ‘‘Section 777A(f) of the Act.’’ notice (Preliminary Decision Memorandum).

VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1

Document Created: 2015-12-14 15:09:21
Document Modified: 2015-12-14 15:09:21

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		James Terpstra, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3965.
FR Citation		80 FR 68851

80 FR 68851 - Melamine From the People's Republic of China: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration