80_FR_80999 80 FR 80751 - Melamine From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders

80 FR 80751 - Melamine From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range80751-80753
FR Document2015-32632

Based on affirmative final determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC''), the Department is issuing antidumping duty (``AD'') and countervailing duty (``CVD'') orders on melamine from the People's Republic of China (``PRC'').

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015)
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80751-80753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32632]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-020, C-570-021]


Melamine From the People's Republic of China: Antidumping Duty 
and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing antidumping duty (``AD'') and 
countervailing duty (``CVD'') orders on melamine from the People's 
Republic of China (``PRC'').

DATES:  Effective Date: December 28, 2015.

FOR FURTHER INFORMATION CONTACT: James Terpstra at (202) 482-3965 or 
Brendan Quinn at (202) 482-5848, 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.

SUPPLEMENTARY INFORMATION:

Background

    On November 6, 2015, the Department published its final affirmative 
determination of sales at less than fair value (``LTFV'') and its final 
affirmative determination that countervailable subsidies are being 
provided to producers and exporters of melamine from the PRC.\1\ On 
December 18, 2015, the ITC notified the Department of its final 
affirmative determination pursuant to section 735(b)(1)(A)(i) of the 
Tariff Act of 1930, as amended (``the Act''), that an industry in the 
United States is materially injured by reason of LTFV imports and 
subsidized imports of melamine from the PRC.\2\
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    \1\ See Melamine From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 80 FR 68851 
(November 6, 2015) (``AD Final Determination''). See also Melamine 
From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 80 FR 68847 (November 6, 2015).
    \2\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance referencing ITC 
Investigation Nos. 701-TA-526-527 and 731-TA-1262-1263 (December 18, 
2015) (``ITC Notification'').
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Scope of the Orders

    The merchandise subject to these orders is melamine (Chemical 
Abstracts Service (``CAS'') registry number 108-78-01, molecular 
formula C3H6N6).\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 these orders 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 
orders. Melamine that is otherwise subject to these orders 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 these orders.
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    \3\ Melamine is also known as 2,4,6-triamino-s-triazine; l,3,5-
Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; 
Cyanuramide; and by various brand names.
---------------------------------------------------------------------------

    The subject merchandise is provided for in subheading 2933.61.0000 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheading and CAS registry number are provided for 
convenience and customs purposes, the written description of the scope 
is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination in this 
investigation, in which it found that imports of melamine from the PRC 
are materially injuring a U.S. industry. Therefore, in accordance with 
section 735(c)(2) of the Act, we are publishing this antidumping duty 
order.
    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise, for all relevant entries 
of melamine from the PRC. These antidumping duties will be assessed on 
unliquidated entries from the PRC entered, or withdrawn from warehouse, 
for consumption on or after June 18, 2015, the date on which the 
Department published the AD Preliminary Determination,\4\ but will

[[Page 80752]]

not include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determination, as further described below.
---------------------------------------------------------------------------

    \4\ See Melamine from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 80 FR 
34891 (June 18, 2015) (``AD Preliminary Determination'').
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation (AD)

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from the PRC. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below, adjusted where 
appropriate for export subsidies.\5\ These instructions suspending 
liquidation will remain in effect until further notice.
---------------------------------------------------------------------------

    \5\ See AD Final Determination, 80 FR at 68852 (describing the 
adjustments to the AD margins in more detail); see also sections 
772(c)(1)(C) and 777A(f) of the Act, respectively. 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, 
e.g.,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.
---------------------------------------------------------------------------

    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins, adjusted where appropriate for export 
subsidies, as discussed above.\6\ The ``PRC-wide'' rate applies to all 
exporters of subject merchandise not specifically listed.
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    \6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act. 
Although the statute contemplates an adjustment for estimated 
domestic subsidy pass through, as stated in the AD Final 
Determination, we are not adjusting the PRC-wide rate for estimated 
domestic subsidy pass-through in this case because we have no basis 
upon which to make such an adjustment.
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Provisional Measures (AD)

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that accounted for a significant 
proportion of exports of melamine from the PRC, we extended the four-
month period to no more than six months.\7\ In the underlying 
investigation, the Department published the AD Preliminary 
Determination on June 18, 2015. Therefore, the six-month period 
beginning on the date of the publication of the AD Preliminary 
Determination will end on December 15, 2015. Furthermore, section 
737(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination.
---------------------------------------------------------------------------

    \7\ 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).
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of melamine from the PRC entered, or withdrawn 
from warehouse, for consumption on or after December 15, 2015, the date 
the provisional measures expired, until and through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register.

Estimated Weighted-Average Dumping Margin

    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
------------------------------------------------------------------------

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC has notified the Department of its final determination that the 
industry in the United States producing melamine is materially injured 
by reason of subsidized imports of melamine from the PRC.\9\ Therefore, 
in accordance with section 705(c)(2) and 706(a) of the Act, we are 
publishing this countervailing duty order.
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    \8\ The PRC-wide entity includes, among other companies, 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. 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 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). As a result, the cash deposit 
rate for the PRC-wide entity will be 353.65 percent.
    \9\ See ITC Notification.
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    Pursuant to section 706(a) of the Act, the Department will direct 
CBP to assess, upon further instruction by the Department, 
countervailing duties on unliquidated entries of melamine entered, or 
withdrawn from warehouse, for consumption on or after April 20, 2015, 
the date on which the Department published its affirmative preliminary 
countervailing duty determination in the Federal Register,\10\ and 
before August 18, 2015, the date on which the Department instructed CBP 
to discontinue the suspension of liquidation in accordance with section 
703(d) of the Act. Section 703(d) of the Act states that the suspension 
of liquidation pursuant to a preliminary determination may not remain 
in effect for more than four months. Entries of melamine made on or 
after August 18, 2015, and prior to the date of publication of the 
ITC's final determination in the Federal Register are not liable for 
the assessment of countervailing duties, due to the Department's 
discontinuation, effective August 18, 2015, of the suspension of 
liquidation.
---------------------------------------------------------------------------

    \10\ 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).
---------------------------------------------------------------------------

Provisional Measures (CVD)

    In accordance with Section 703(d) of the Act, the provisional 
measures period for the countervailing duty investigation ended on 
August 18, 2015, and CBP was instructed to terminate the suspension of 
liquidation and to liquidate, without regard to countervailing duties, 
unliquidated entries of melamine from the PRC, entered, or withdrawn 
from warehouse, for consumption on or after August 18, 2015, the date 
the provisional measures expired, until and through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register.

Suspension of Liquidation (CVD)

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute suspension of liquidation, effective on the 
date of publication of the ITC's notice of final determination in the 
Federal Register, and to assess, upon further instruction by the 
Department pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates for the subject merchandise. The 
Department will also direct CBP to require a cash deposit for each 
entry of subject merchandise in an amount equal to the

[[Page 80753]]

net countervailable subsidy rates listed below. The all-others rate 
applies to all producers and exporters of subject merchandise not 
specifically listed.

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

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to 
melamine from the PRC pursuant to sections 736(a) and 706(a) of the 
Act. Interested parties can find an updated list of orders currently in 
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit, 
Room B8024 of the main Commerce Building.
    These orders are published in accordance with sections 706(a), 
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).

    Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance .
[FR Doc. 2015-32632 Filed 12-24-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices                                                   80751

                                                  deadlines for filing case briefs, rebuttal              DEPARTMENT OF COMMERCE                                Melamine is a crystalline powder or
                                                  briefs, and hearing requests, see the                                                                         granule typically (but not exclusively)
                                                  Preliminary Decision Memorandum.                        International Trade Administration                    used to manufacture melamine
                                                    This determination is issued and                      [A–570–020, C–570–021]                                formaldehyde resins. All melamine is
                                                  published pursuant to sections 703(f)                                                                         covered by the scope of these orders
                                                  and 777(i) of the Act and 19 CFR                        Melamine From the People’s Republic                   irrespective of purity, particle size, or
                                                  351.205(c).                                             of China: Antidumping Duty and                        physical form. Melamine that has been
                                                    Dated: December 18, 2015.                             Countervailing Duty Orders                            blended with other products is included
                                                  Paul Piquado,                                                                                                 within this scope when such blends
                                                                                                          AGENCY:    Enforcement and Compliance,                include constituent parts that have been
                                                  Assistant Secretary for Enforcement and                 International Trade Administration,
                                                  Compliance.                                                                                                   intermingled, but that have not been
                                                                                                          Department of Commerce                                chemically reacted with each other to
                                                  Appendix I                                              SUMMARY: Based on affirmative final
                                                                                                                                                                produce a different product. For such
                                                                                                          determinations by the Department of
                                                  Scope of the Investigation                                                                                    blends, only the melamine component
                                                                                                          Commerce (‘‘Department’’) and the
                                                     The products covered by this investigation                                                                 of the mixture is covered by the scope
                                                                                                          International Trade Commission
                                                  are certain heavy walled rectangular welded                                                                   of these orders. Melamine that is
                                                                                                          (‘‘ITC’’), the Department is issuing
                                                  steel pipes and tubes of rectangular                                                                          otherwise subject to these orders is not
                                                                                                          antidumping duty (‘‘AD’’) and
                                                  (including square) cross section, having a                                                                    excluded when commingled with
                                                  nominal wall thickness of not less than 4               countervailing duty (‘‘CVD’’) orders on
                                                                                                                                                                melamine from sources not subject to
                                                  mm. The merchandise includes, but is not                melamine from the People’s Republic of
                                                                                                                                                                this investigation. Only the subject
                                                  limited to, the American Society for Testing            China (‘‘PRC’’).
                                                                                                                                                                component of such commingled
                                                  and Materials (ASTM) A–500, grade B                     DATES: Effective Date: December 28,                   products is covered by the scope of
                                                  specifications, or comparable domestic or               2015.
                                                  foreign specifications.                                                                                       these orders.
                                                     Included products are those in which: (1)            FOR FURTHER INFORMATION CONTACT:                         The subject merchandise is provided
                                                  Iron predominates, by weight, over each of              James Terpstra at (202) 482–3965 or                   for in subheading 2933.61.0000 of the
                                                  the other contained elements; (2) the carbon            Brendan Quinn at (202) 482–5848, AD/                  Harmonized Tariff Schedule of the
                                                  content is 2 percent or less, by weight; and            CVD Operations, Office III, Enforcement               United States (‘‘HTSUS’’). Although the
                                                  (3) none of the elements below exceeds the              and Compliance, International Trade                   HTSUS subheading and CAS registry
                                                  quantity, by weight, respectively indicated:            Administration, U.S. Department of                    number are provided for convenience
                                                     • 2.50 percent of manganese, or                      Commerce, 14th Street and Constitution
                                                     • 3.30 percent of silicon, or
                                                                                                                                                                and customs purposes, the written
                                                     • 1.50 percent of copper, or                         Avenue NW., Washington, DC 20230.                     description of the scope is dispositive.
                                                     • 1.50 percent of aluminum, or                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                Antidumping Duty Order
                                                     • 1.25 percent of chromium, or
                                                                                                          Background
                                                     • 0.30 percent of cobalt, or                                                                                  In accordance with sections
                                                     • 0.40 percent of lead, or                              On November 6, 2015, the Department                735(b)(1)(A)(i) and 735(d) of the Act, the
                                                     • 2.0 percent of nickel, or                          published its final affirmative                       ITC has notified the Department of its
                                                     • 0.30 percent of tungsten, or                       determination of sales at less than fair              final determination in this investigation,
                                                     • 0.80 percent of molybdenum, or                     value (‘‘LTFV’’) and its final affirmative            in which it found that imports of
                                                     • 0.10 percent of niobium (also called
                                                                                                          determination that countervailable                    melamine from the PRC are materially
                                                  columbium), or
                                                     • 0.30 percent of vanadium, or                       subsidies are being provided to                       injuring a U.S. industry. Therefore, in
                                                     • 0.30 percent of zirconium.                         producers and exporters of melamine                   accordance with section 735(c)(2) of the
                                                     The subject merchandise is currently                 from the PRC.1 On December 18, 2015,                  Act, we are publishing this antidumping
                                                  provided for in item 7306.61.1000 of the                the ITC notified the Department of its                duty order.
                                                  Harmonized Tariff Schedule of the United                final affirmative determination pursuant                 As a result of the ITC’s final
                                                  States (HTSUS). Subject merchandise may                 to section 735(b)(1)(A)(i) of the Tariff              determination, in accordance with
                                                  also enter under HTSUS 7306.61.3000. While              Act of 1930, as amended (‘‘the Act’’),                section 736(a)(1) of the Act, the
                                                  the HTSUS subheadings and ASTM
                                                                                                          that an industry in the United States is              Department will direct U.S. Customs
                                                  specification are provided for convenience
                                                  and customs purposes, the written                       materially injured by reason of LTFV                  and Border Protection (‘‘CBP’’) to assess,
                                                  description of the scope of this investigation          imports and subsidized imports of                     upon further instruction by the
                                                  is dispositive.                                         melamine from the PRC.2                               Department, antidumping duties equal
                                                                                                          Scope of the Orders                                   to the amount by which the normal
                                                  Appendix II                                                                                                   value of the merchandise exceeds the
                                                  List of Topics Discussed in the Preliminary               The merchandise subject to these                    export price (or constructed export
                                                  Decision Memorandum                                     orders is melamine (Chemical Abstracts                price) of the merchandise, for all
                                                    I. Summary
                                                                                                          Service (‘‘CAS’’) registry number 108–                relevant entries of melamine from the
                                                    II. Background                                        78–01, molecular formula C3H6N6).3                    PRC. These antidumping duties will be
                                                    III. Scope Comments                                                                                         assessed on unliquidated entries from
                                                                                                             1 See Melamine From the People’s Republic of
                                                    IV. Scope of the Investigation                                                                              the PRC entered, or withdrawn from
                                                    V. Alignment                                          China: Final Determination of Sales at Less Than
                                                                                                          Fair Value, 80 FR 68851 (November 6, 2015) (‘‘AD      warehouse, for consumption on or after
                                                    VI. Respondent Selection                              Final Determination’’). See also Melamine From the    June 18, 2015, the date on which the
                                                    VII. Injury Test                                      People’s Republic of China: Final Affirmative         Department published the AD
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    VIII. Subsidies Valuation                             Countervailing Duty Determination, 80 FR 68847
                                                    IX. Analysis of Programs                              (November 6, 2015).
                                                                                                                                                                Preliminary Determination,4 but will
                                                    X. ITC Notification                                      2 See ITC Notification Letter to the Deputy

                                                    XI. Disclosure and Public Comment                     Assistant Secretary for Enforcement and               Cyanurotriamide; Cyanurotriamine; Cyanuramide;
                                                    XII. Verification                                     Compliance referencing ITC Investigation Nos. 701–    and by various brand names.
                                                    XIII. Conclusion                                      TA–526–527 and 731–TA–1262–1263 (December               4 See Melamine from the People’s Republic of
                                                                                                          18, 2015) (‘‘ITC Notification’’).                     China: Preliminary Determination of Sales at Less
                                                  [FR Doc. 2015–32631 Filed 12–24–15; 8:45 am]               3 Melamine is also known as 2,4,6-triamino-s-      Than Fair Value, 80 FR 34891 (June 18, 2015) (‘‘AD
                                                  BILLING CODE 3510–DS–P                                  triazine; l,3,5-Triazine-2,4,6-triamine;              Preliminary Determination’’).



                                             VerDate Sep<11>2014   13:31 Dec 24, 2015   Jkt 238001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\28DEN1.SGM   28DEN1


                                                  80752                      Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices

                                                  not include entries occurring after the                 underlying investigation, the                              Pursuant to section 706(a) of the Act,
                                                  expiration of the provisional measures                  Department published the AD                             the Department will direct CBP to
                                                  period and before publication of the                    Preliminary Determination on June 18,                   assess, upon further instruction by the
                                                  ITC’s final injury determination, as                    2015. Therefore, the six-month period                   Department, countervailing duties on
                                                  further described below.                                beginning on the date of the publication                unliquidated entries of melamine
                                                                                                          of the AD Preliminary Determination                     entered, or withdrawn from warehouse,
                                                  Continuation of Suspension of
                                                                                                          will end on December 15, 2015.                          for consumption on or after April 20,
                                                  Liquidation (AD)
                                                                                                          Furthermore, section 737(b) of the Act                  2015, the date on which the Department
                                                     In accordance with section                           states that definitive duties are to begin              published its affirmative preliminary
                                                  735(c)(1)(B) of the Act, we will instruct               on the date of publication of the ITC’s                 countervailing duty determination in
                                                  CBP to continue to suspend liquidation                  final injury determination.                             the Federal Register,10 and before
                                                  on entries of subject merchandise from                     Therefore, in accordance with section                August 18, 2015, the date on which the
                                                  the PRC. We will also instruct CBP to                   733(d) of the Act and our practice, we                  Department instructed CBP to
                                                  require cash deposits equal to the                      will instruct CBP to terminate the                      discontinue the suspension of
                                                  estimated amount by which the normal                    suspension of liquidation and to                        liquidation in accordance with section
                                                  value exceeds the U.S. price as                         liquidate, without regard to                            703(d) of the Act. Section 703(d) of the
                                                  indicated in the chart below, adjusted                  antidumping duties, unliquidated                        Act states that the suspension of
                                                  where appropriate for export subsidies.5                entries of melamine from the PRC                        liquidation pursuant to a preliminary
                                                  These instructions suspending                           entered, or withdrawn from warehouse,                   determination may not remain in effect
                                                  liquidation will remain in effect until                                                                         for more than four months. Entries of
                                                                                                          for consumption on or after December
                                                  further notice.                                                                                                 melamine made on or after August 18,
                                                                                                          15, 2015, the date the provisional
                                                     Accordingly, effective on the date of                                                                        2015, and prior to the date of
                                                  publication of the ITC’s final affirmative              measures expired, until and through the
                                                                                                          day preceding the date of publication of                publication of the ITC’s final
                                                  injury determination, CBP will require,                                                                         determination in the Federal Register
                                                  at the same time as importers would                     the ITC’s final injury determination in
                                                                                                          the Federal Register.                                   are not liable for the assessment of
                                                  normally deposit estimated duties on                                                                            countervailing duties, due to the
                                                  this subject merchandise, a cash deposit                Estimated Weighted-Average Dumping                      Department’s discontinuation, effective
                                                  equal to the estimated weighted-average                 Margin                                                  August 18, 2015, of the suspension of
                                                  antidumping duty margins, adjusted                                                                              liquidation.
                                                  where appropriate for export subsidies,                   The Department determines that the
                                                  as discussed above.6 The ‘‘PRC-wide’’                   estimated final weighted-average                      Provisional Measures (CVD)
                                                  rate applies to all exporters of subject                dumping margin is as follows:                            In accordance with Section 703(d) of
                                                  merchandise not specifically listed.                                                                          the Act, the provisional measures period
                                                                                                                                           Weighted-average
                                                  Provisional Measures (AD)                                         Exporter                     margin         for the countervailing duty investigation
                                                                                                                                                (percent)       ended on August 18, 2015, and CBP was
                                                     Section 733(d) of the Act states that                                                                      instructed to terminate the suspension
                                                  instructions issued pursuant to an                      PRC-Wide Entity 8 ........                     363.31 of liquidation and to liquidate, without
                                                  affirmative preliminary determination                                                                         regard to countervailing duties,
                                                  may not remain in effect for more than                  Countervailing Duty Order                             unliquidated entries of melamine from
                                                  four months except where exporters                                                                            the PRC, entered, or withdrawn from
                                                  representing a significant proportion of                    In accordance with sections
                                                  exports of the subject merchandise                      705(b)(1)(A)(i) and 705(d) of the Act, the warehouse, for consumption on or after
                                                                                                          ITC has notified the Department of its                August 18, 2015, the date the
                                                  request the Department to extend that                                                                         provisional measures expired, until and
                                                  four-month period to no more than six                   final determination that the industry in
                                                                                                                                                                through the day preceding the date of
                                                  months. At the request of exporters that                the United States producing melamine
                                                                                                                                                                publication of the ITC’s final injury
                                                  accounted for a significant proportion of               is materially injured by reason of
                                                                                                                                                                determination in the Federal Register.
                                                  exports of melamine from the PRC, we                    subsidized imports of melamine from
                                                  extended the four-month period to no                    the PRC. Therefore, in accordance with Suspension of Liquidation (CVD)
                                                                                                                      9

                                                  more than six months.7 In the                           section 705(c)(2) and 706(a) of the Act,                 In accordance with section 706 of the
                                                                                                          we are publishing this countervailing                 Act, the Department will direct CBP to
                                                    5 See AD Final Determination, 80 FR at 68852          duty order.                                           reinstitute suspension of liquidation,
                                                  (describing the adjustments to the AD margins in                                                              effective on the date of publication of
                                                  more detail); see also sections 772(c)(1)(C) and
                                                                                                          Sales at Less Than Fair Value, 80 FR 38175 (July      the ITC’s notice of final determination
                                                  777A(f) of the Act, respectively. Unlike in
                                                                                                          2, 2015).                                             in the Federal Register, and to assess,
                                                  administrative reviews, the Department calculates          8 The PRC-wide entity includes, among other
                                                  the adjustment for export subsidies in                                                                        upon further instruction by the
                                                  investigations not in the margin calculation            companies, the mandatory respondents Allied
                                                  program, but in the cash deposit instructions issued    Chemicals Inc., Xinji Jiuyuan Chemical Co., Ltd.,     Department pursuant to section
                                                  to CBP. See, e.g.,Notice of Final Determination of      Sichuan Golden Elephant Sincerity Chemical Co.,       706(a)(1) of the Act, countervailing
                                                  Sales at Less Than Fair Value, and Negative             Ltd., and Zhongyuan Dahua Group Inc., which           duties for each entry of the subject
                                                  Determination of Critical Circumstances: Certain        withdrew from the investigation prior to respondent
                                                                                                          selection. As stated previously, we will adjust cash
                                                                                                                                                                merchandise in an amount based on the
                                                  Lined Paper Products from India, 71 FR 45012
                                                  (August 8, 2006), and accompanying Issues and           deposit rates by the amount of export subsidies,      net countervailable subsidy rates for the
                                                  Decision Memorandum at Comment 1.                       where appropriate. In this LTFV investigation, with   subject merchandise. The Department
                                                                                                          regard to PRC-wide entity, export subsidies           will also direct CBP to require a cash
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)

                                                  of the Act. Although the statute contemplates an        constitute 9.66 percent of the final calculated
                                                                                                          countervailing duty rate in the concurrent
                                                                                                                                                                deposit for each entry of subject
                                                  adjustment for estimated domestic subsidy pass
                                                  through, as stated in the AD Final Determination,       countervailing duty investigation, and, thus, we      merchandise in an amount equal to the
                                                  we are not adjusting the PRC-wide rate for              will offset the PRC-wide rate of 363.31 percent by
                                                  estimated domestic subsidy pass-through in this         the countervailing duty rate attributable to export       10 See Melamine From the People’s Republic of

                                                  case because we have no basis upon which to make        subsidies (i.e., 9.66 percent). As a result, the cash   China: Preliminary Affirmative Countervailing Duty
                                                  such an adjustment.                                     deposit rate for the PRC-wide entity will be 353.65     Determination, and Alignment of Final
                                                    7 See Melamine from the People’s Republic of          percent.                                                Determination With Final Antidumping Duty
                                                  China: Postponement of Final Determination of             9 See ITC Notification.                               Determination, 80 FR 21706 (April 20, 2015).



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                                                                                        Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices                                                                                 80753

                                                  net countervailable subsidy rates listed                                    producers and exporters of subject
                                                  below. The all-others rate applies to all                                   merchandise not specifically listed.

                                                                                                                                                                                                                                   Subsidy rate
                                                                                                                                 Company                                                                                            (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. ........................................................................................................                                           156.90
                                                  Zhongyuan Dahua Group Co., Ltd. ...........................................................................................................................                                     154.00
                                                  All Others ...................................................................................................................................................................                  154.58



                                                  Notification to Interested Parties                                          Street, Suite 201, Dover, DE 19901;                                          following proposal for collection of
                                                     This notice constitutes the AD and                                       telephone: (302) 674–2331; Web site:                                         information under the provisions of the
                                                  CVD orders with respect to melamine                                         www.mafmc.org.                                                               Paperwork Reduction Act (44 U.S.C.
                                                  from the PRC pursuant to sections                                           FOR FURTHER INFORMATION CONTACT:                                             Chapter 35).
                                                  736(a) and 706(a) of the Act. Interested                                    Christopher M. Moore, Ph.D., Executive                                          Agency: National Oceanic and
                                                  parties can find an updated list of orders                                  Director, Mid-Atlantic Fishery                                               Atmospheric Administration (NOAA).
                                                  currently in effect by either visiting                                      Management Council; telephone: (302)                                            Title: Alaska Region Amendment 80
                                                  http://enforcement.trade.gov/stats/                                         526–5255.                                                                    Permits and Reports.
                                                  iastats1.html or by contacting the                                                                                                                          OMB Control Number: 0648–0565.
                                                                                                                              SUPPLEMENTARY INFORMATION: The
                                                  Department’s Central Records Unit,                                                                                                                          Form Number(s): None.
                                                                                                                              MAFMC’s Ecosystem and Ocean
                                                  Room B8024 of the main Commerce                                                                                                                             Type of Request: Regular (extension of
                                                                                                                              Planning AP will meet to provide input
                                                  Building.                                                                                                                                                a currently approved information
                                                                                                                              on the development of the Council’s
                                                     These orders are published in                                                                                                                         collection).
                                                                                                                              Unmanaged Forage Omnibus
                                                  accordance with sections 706(a), 736(a),                                                                                                                    Number of Respondents: 33.
                                                                                                                              Amendment. This amendment will
                                                  and 777(i) of the Act, and 19 CFR                                                                                                                           Average Hours per Response: 2 hours
                                                                                                                              prohibit the development of new, or
                                                  351.211(b).                                                                                                                                              each for Application for Amend 80 QS;
                                                                                                                              expansion of existing, directed fisheries
                                                                                                                                                                                                           Application for Amend 80 Cooperative
                                                    Dated: December 21, 2015.                                                 on unmanaged forage species in Mid-
                                                                                                                                                                                                           and CQ Permit; Application for Amend
                                                  Paul Piquado,                                                               Atlantic Federal waters until adequate
                                                                                                                                                                                                           80 limited access fishery; Application to
                                                  Assistant Secretary for Enforcement and                                     scientific information is available to
                                                                                                                                                                                                           transfer Amend 80 QS; Application for
                                                  Compliance .                                                                promote ecosystem sustainability. The
                                                                                                                                                                                                           Amendment 80 Vessel Replacement and
                                                  [FR Doc. 2015–32632 Filed 12–24–15; 8:45 am]                                webinar will include a discussion of
                                                                                                                                                                                                           Application for inter-cooperative
                                                                                                                              development of the amendment to date.
                                                  BILLING CODE 3510–DS–P                                                                                                                                   transfer Amend 80 CQ; 25 hours for
                                                                                                                              The AP will then be asked to provide
                                                                                                                                                                                                           Amend 80 cooperative report; 4 hours
                                                                                                                              input on preliminary management
                                                                                                                                                                                                           for Amend 80 appeals letter; 30 minutes
                                                  DEPARTMENT OF COMMERCE                                                      alternatives, a draft list of unmanaged
                                                                                                                                                                                                           for Flatfish Exchange Application.
                                                                                                                              forage species to be addressed in the
                                                  National Oceanic and Atmospheric                                                                                                                            Burden Hours: 181.
                                                                                                                              amendment, and other aspects of the
                                                  Administration                                                                                                                                              Needs and Uses: This request is for
                                                                                                                              amendment.
                                                                                                                                                                                                           extension of a currently approved
                                                  RIN 0648–XE375                                                              Special Accommodations                                                       information collection.
                                                                                                                                The meeting is physically accessible                                          Amendment 80 to the Fishery
                                                  Mid-Atlantic Fishery Management                                                                                                                          Management Plan for Groundfish of the
                                                  Council (MAFMC); Public Meeting                                             to people with disabilities. Requests for
                                                                                                                              sign language interpretation or other                                        Bering Sea and Aleutian Islands
                                                  AGENCY:  National Marine Fisheries                                          auxiliary aid should be directed to M.                                       Management Area allocates several
                                                  Service (NMFS), National Oceanic and                                        Jan Saunders, (302) 526–5251, at least 5                                     Bering Sea and Aleutian Islands
                                                  Atmospheric Administration (NOAA),                                          days prior to the meeting date.                                              Management Area non-pollock trawl
                                                  Commerce.                                                                                                                                                groundfish fisheries among fishing
                                                                                                                                Dated: December 21, 2015.                                                  sectors, established a limited access
                                                  ACTION: Notice; public meeting.
                                                                                                                              Tracey L. Thompson,                                                          privilege program, and facilitated the
                                                  SUMMARY:   The Mid-Atlantic Fishery                                         Acting Deputy Director, Office of Sustainable                                formation of harvesting cooperatives in
                                                  Management Council’s (MAFMC)                                                Fisheries, National Marine Fisheries Service.                                the non-American Fisheries Act (non-
                                                  Ecosystem and Ocean Planning                                                [FR Doc. 2015–32490 Filed 12–24–15; 8:45 am]                                 AFA) trawl catcher/processor sector.
                                                  Advisory Panel (AP) will hold a public                                      BILLING CODE 3510–22–P                                                       The Amendment 80 Fishery
                                                  webinar meeting.                                                                                                                                         Management Plan applies retention
                                                  DATES: The meeting will be held on                                                                                                                       standards on an aggregate basis to all
                                                  Monday, January 11, 2016 from 1 p.m.                                        DEPARTMENT OF COMMERCE                                                       activities of a cooperative, allowing
                                                  to 5 p.m. For agenda details, see                                                                                                                        participants within the cooperative to
                                                                                                                              National Oceanic and Atmospheric
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  SUPPLEMENTARY INFORMATION.                                                                                                                               coordinate fishing and retention
                                                                                                                              Administration                                                               practices across the cooperative to meet
                                                  ADDRESSES: The meeting will be held
                                                  via webinar with a with a telephone-                                        Submission for OMB Review;                                                   the retention requirements.
                                                  only connection option. Connection                                          Comment Request                                                                 Affected Public: Business or other for-
                                                  details are available at: http://                                                                                                                        profit organizations; individuals or
                                                  www.mafmc.org.                                                                The Department of Commerce will                                            households.
                                                    Council address: Mid-Atlantic Fishery                                     submit to the Office of Management and                                          Frequency: Annually and on occasion.
                                                  Management Council, 800 N. State                                            Budget (OMB) for clearance the                                                  Respondent’s Obligation: Mandatory.


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Document Created: 2018-03-02 09:23:24
Document Modified: 2018-03-02 09:23:24
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 Date: December 28, 2015.
ContactJames Terpstra at (202) 482-3965 or Brendan Quinn at (202) 482-5848, 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.
FR Citation80 FR 80751 

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