Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77829 

26 In Softwood Lumber from Canada AR4, we 

determined that it was appropriate to treat Interfor 

Corporation and Interfor Sales & Marketing Ltd. as 

one entity. See Certain Softwood Lumber Products 

from Canada: Final Results of Antidumping Duty 

Administrative Review and Final Determination of 

No Shipments; 2021, 88 FR 50106 (August 1, 2023) 

(Softwood Lumber from Canada AR4), at Appendix 

II. Thus, we have removed from the ACE module 

case number for Interfor Sales & Marketing Ltd. (A– 

122–857–299) and have instructed CBP to enter all 

entries for Interfor Corporation and Interfor Sales & 

Marketing Ltd. under the ACE module case number 

for Interfor Corporation and Interfor Sales & 

Marketing Ltd. (A–122–857–118). 

27The ACE module contains separate case 

numbers for T.G. Wood Products Ltd. (A–122–857– 

220) and TG Wood Products (A–122–857–360), 

which was caused by data entry errors and we have 

never treated T.G. Wood Products and TG Wood 

Products as separate companies; rather we named 

T.G. Wood Products Ltd. as the sole respondent in 

the first and second administrative reviews of this 

proceeding and TG Wood Products. See Certain 

Softwood Lumber Products from Canada: Final 

Results of Antidumping Duty Administrative 

Review; 2017–2018, 85 FR 76519 (November 30, 

2020); Certain Softwood Lumber Products from 

Canada: Final Results of Antidumping Duty 

Administrative Review; 2019, 86 FR 68471 

(December 2, 2021); and Softwood Lumber from 

Canada AR4. We have removed TG Wood Products 

(A–122–857–360) from the module and instructed 

CBP to enter all entries under the case number A– 

122–857–220. 

28 ‘‘aka’’ has been removed from the name Taan 

Forest Limited Partnership (aka Taan Forest 

Products) referred to in at the request of CBP. See 

Issues and Decision Memorandum at Comment 10. 

102. Hornepayne Lumber LP 

103. Hy Mark Wood Products Inc. 

104. Independent Building Materials 

Distribution Inc. 

105. Interfor Corporation; Interfor Sales & 

Marketing Ltd.26

106. Ivor Forest Products Ltd. 

107. J&G Log Works Ltd. 

108. J.D. Irving, Limited 

109. J.H. Huscroft Ltd. 

110. Jan Woodlands (2001) Inc. 

111. Jasco Forest Products Ltd. 

112. Jazz Forest Products Ltd. 

113. Jhajj Lumber Corporation 

114. Kalesnikoff Lumber Co. Ltd. 

115. Kan Wood Ltd. 

116. Kebois Ltee; Kebois Ltd. 

117. Kelfor Industries Ltd. 

118. Kermode Forest Products Ltd. 

119. Keystone Timber Ltd. 

120. La Crete Sawmills Ltd. 

121. Lafontaine Lumber Inc. 

122. Langevin Forest Products Inc. 

123. Lecours Lumber Co. Limited 

124. Leisure Lumber Ltd. 

125. Les Bois d’oeuvre Beaudoin Gauthier 

Inc. 

126. Les Bois Martek Lumber 

127. Les Chantiers de Chibougamau Ltee; Les 

Chantiers de Chibougamau Ltd. 

128. Les Industries P.F. Inc. 

129. Les Produits Forestiers D&G Ltee; D&G 

Forest Products Ltd. 

130. Leslie Forest Products Ltd. 

131. Lignum Forest Products LLP 

132. Linwood Homes Ltd. 

133. Lonestar Lumber lnc. 

134. Lulumco Inc. 

135. Madera Forest Products INC 

136. Magnum Forest Products Ltd. 

137. Maibec Inc. 

138. Manitou Forest Products Ltd. 

139. Marcel Lauzon Inc. 

140. Marwood Ltd. 

141. Materiaux Blanchet Inc. 

142. Mid Valley Lumber Specialties Ltd. 

143. Midway Lumber Mills Ltd. 

144. Mill & Timber Products Ltd. 

145. Millar Western Forest Products Ltd. 

146. Mirax Lumber Products Ltd. 

147. Mobilier Rustique (Beauce) Inc. 

148. Monterra Lumber Mills Limited 

149. Morwood Forest Products Inc. 

150. Multicedre Ltee 

151. Murray Brothers Lumber Company Ltd. 

152. Nakina Lumber Inc. 

153. National Forest Products Ltd. 

154. Nicholson and Cates Ltd. 

155. Norsask Forest Products Inc. 

156. Norsask Forest Products Limited 

Partnership 

157. North American Forest Products Ltd. 

(located in Abbotsford, British Columbia) 

158. North American Forest Products Ltd. 

(located in Saint-Quentin, New Brunswick) 

159. North Enderby Timber Ltd. 

160. Northland Forest Products Ltd. 

161. Oakwood Manufacturing A Division of 

Weston Forest Products Inc. 

162. Olympic Industries Inc. 

163. Olympic Industries ULC 

164. Oregon Canadian Forest Products; 

Oregon Canadian Forest Products Inc. 

165. Pacific NorthWest Lumber Ltd. 

166. Pacific Western Wood Works Ltd. 

167. PalletSource Inc. 

168. Parallel Wood Products Ltd. 

169. Partap Forest Products Ltd. 

170. Partap Industries 

171. Peak Industries (Cranbrook) Ltd. 

172. Phoenix Forest Products Inc. 

173. Pine Ideas Ltd. 

174. Pioneer Pallet & Lumber Ltd. 

175. Porcupine Wood Products Ltd. 

176. Portbec Forest Products Ltd.; Les 

Produits Forestiers Portbec Ltee 

177. Power Wood Corp. 

178. Precision Cedar Products Corp. 

179. Produits Forestiers Petit Paris Inc. 

180. Produits Matra Inc. 

181. Promobois G.D.S. Inc. 

182. R.A. Green Lumber Ltd. 

183. Rembos Inc. 

184. Rene Bernard Inc. 

185. Rielly Industrial Lumber Inc. 

186. River City Remanufacturing Inc. 

187. S&R Sawmills Ltd. 

188. San Group 

189. San Industries Ltd. 

190. Sawarne Lumber Co. Ltd. 

191. Scierie Alexandre Lemay & Fils Inc. 

192. Scierie St-Michel Inc. 

193. Scierie West Brome Inc. 

194. Scott Lumber Sales; Scott Lumber Sales 

Ltd. 

195. Sechoirs de Beauce Inc. 

196. Shakertown Corp. 

197. Sigurdson Forest Products Ltd. 

198. Silvaris Corporation 

199. Sinclar Group Forest Products Ltd. 

200. Skana Forest Products Ltd. 

201. Skeena Sawmills Ltd. 

202. Smart Wood Forest Products Ltd. 

203. South Beach Trading Inc. 

204. Specialiste du Bardeau de Cedre Inc.; 

Specialiste du Bardeau de Cedre Inc. (SBC) 

205. Spruceland Millworks Inc. 

206. Suncoast Industries Inc. 

207. Sundher Timber Products Inc. 

208. Surrey Cedar Ltd. 

209. T.G. Wood Products Ltd.27

210. Taan Forest Limited Partnership; Taan 

Forest Products 28

211. Taiga Building Products Ltd. 

212. Tall Tree Lumber Company 

213. Tenryu Canada Corporation 

214. Terminal Forest Products Ltd. 

215. The Wood Source Inc. 

216. Tolko Industries Ltd.; Tolko Marketing 

and Sales Ltd.; Gilbert Smith Forest 

Products Ltd. 

217. Top Quality Lumber Ltd. 

218. Trans-Pacific Trading Ltd. 

219. Triad Forest Products Ltd. 

220. Twin Rivers Paper Co. Inc. 

221. Tyee Timber Products Ltd. 

222. Universal Lumber Sales Ltd. 

223. Usine Sartigan Inc. 

224. Vaagen Fibre Canada ULC 

225. Vancouver Specialty Cedar Products 

Ltd. 

226. Vanderhoof Specialty Wood Products 

Ltd. 

227. Vanderwell Contractors (1971) Ltd. 

228. Visscher Lumber Inc. 

229. W.I. Woodtone Industries Inc. 

230. Waldun Forest Product Sales Ltd. 

231. West Bay Forest Products Ltd. 

232. West Coast Panel Cutters 

233. Western Forest Products Inc. 

234. Western Lumber Sales Limited 

235. Westminster Industries Ltd. 

236. Weston Forest Products Inc. 

237. Westrend Exteriors Inc 

238. Weyerhaeuser Co. 

239. White River Forest Products L.P. 

240. Woodline Forest Products Ltd. 

241. Woodtone Specialties Inc. 

[FR Doc. 2024–21819 Filed 9–23–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–421–817] 

Melamine From the Netherlands: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that melamine from the 

Netherlands is being, or is likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation is January 1, 2023, through 

December 31, 2023. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable September 24, 2024. 

FOR FURTHER INFORMATION CONTACT: Fred 

Baker, AD/CVD Operations, 


lotter on DSK11XQN23PROD with NOTICES1
77830 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

1See Melamine from Germany, India, Japan, the 

Netherlands, Qatar, and Trinidad and Tobago: 

Initiation of Less-Than-Fair-Value Investigations, 89 

FR 17413 (March 11, 2024) (Initiation Notice). 2See Melamine from Germany, India, Japan, the 

Netherlands, Qatar, and Trinidad and Tobago: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 89 FR 52437 

(June 24, 2024). 3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Melamine 

from the Netherlands,’’ dated concurrently with, 

and hereby adopted by, this notice (Preliminary 

Decision Memorandum). 5See Antidumping Duties; Countervailing Duties, 

62 FR 27296, 27323 (May 19, 1997) (Preamble). 6See Initiation Notice, 89 FR at 17413. 

7See, e.g., Thermal Paper from Spain: Final 

Determination of Sales at Less Than Fair Value, 86 

FR 54162, 54163 (September 30, 2021), and 

accompanying Issues and Decision Memorandum. 

8See Petitioner’s Letter, ‘‘Melamine from 

Germany, Japan, the Netherlands, Qatar, and 

Trinidad and Tobago: Petition for the Imposition of 

Antidumping Duties,’’ dated February 14, 2024 

(Petition); Petitioner’s Letter, ‘‘Petitioner’s Response 

to Volume V Supplemental Questionnaire 

(Netherlands Antidumping),’’ dated February 22, 

2024 (Netherlands SQR). 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2924. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on March 11, 2024.1 On June 18, 2024, 

Commerce postponed the preliminary 

determination of this investigation.2 On 

July 22, 2024, Commerce tolled certain 

deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 18, 

2024. 

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is melamine from the 

Netherlands. For a full description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 we set aside a 

period of time, as stated in the Initiation 

Notice, for parties to raise issues 

regarding product coverage (i.e., scope).6

No interested party commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. Commerce is 

not modifying the scope language as it 

appeared in the Initiation Notice. See 

the complete description of the scope in 

Appendix I to this notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Pursuant to section 

776(a) of the Act, Commerce has 

preliminarily relied upon facts 

otherwise available to assign an 

estimated weighted-average dumping 

margin to OCI Nitrogen, the mandatory 

respondent in this investigation because 

OCI Nitrogen did not submit a complete 

response to Commerce’s antidumping 

duty questionnaire. Further, Commerce 

preliminarily determines that OCI 

Nitrogen failed to cooperate by not 

acting to the best of its ability to comply 

with a request for information and 

Commerce is using an adverse inference 

in selecting from among the facts 

otherwise available (i.e., applying 

adverse facts available (AFA)) to this 

respondent, in accordance with section 

776(b) of the Act. For a full description 

of the methodology underlying our 

preliminary determination, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) of the Act 

provides that, in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for all exporters and producers not 

individually investigated in accordance 

with section 735(c)(5) of the Act. 

Section 735(c)(5)(A) of the Act states 

that generally the estimated rate for all 

others shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis rates, and any rates 

determined entirely under section 776 

of the Act. The estimated weightedaverage dumping margin in this 

preliminary determination was 

determined entirely under section 776 

of the Act. In cases where no weightedaverage dumping margins other than 

zero, de minimis, or those determined 

entirely under section 776 of the Act 

have been established for individually 

examined entities, in accordance with 

section 735(c)(5)(B) of the Act, 

Commerce typically calculates a simple 

average of the dumping margins alleged 

in the petition and applies the results to 

all other entities not individually 

examined.7

In the Petition,8 Cornerstone 

Chemical Company (the petitioner) 

alleged two estimated dumping margins 

for the Netherlands, 34.84 and 72.16 

percent. Therefore, consistent with our 

practice, for the all-others rate in this 

investigation, we preliminarily assign a 

simple average of the dumping margins 

alleged in the Petition, which is 53.50 

percent. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist during 

the period January 1, 2023, through 

December 31, 2023: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

OCI Nitrogen B.V ........................ * 72.16 

All Others .................................... 53.50 

* Rate is based on AFA. 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

melamine, as described in the ‘‘Scope of 

the Investigation’’ in Appendix I, from 

OCI Nitrogen that are entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. In accordance with section 

733(d)(2) of the Act, Commerce will 

direct CBP to suspend liquidation of all 

other entries of melamine from the 

Netherlands, as described in the ‘‘Scope 

of the Investigation’’ in Appendix I, 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of this notice in the Federal 

Register. We will also instruct CBP, 

pursuant to section 733(d)(1)(B) of the 

Act and 19 CFR 351.205(d), to require 

a cash deposit equal to the estimated 

weighted-average dumping margin or 

the estimated all-others rate, as follows: 

(1) the cash deposit rate for the 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77831 

9See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Service Final Rule). 

10See 19 351.309(c)(2) and (d)(2). 

11We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

12See APO and Service Final Rule. 

respondents listed above will be equal 

to the company-specific estimated 

weighted-average dumping margins 

determined in this preliminary 

determination; (2) if the exporter is not 

a respondent identified above, but the 

producer is, then the cash deposit rate 

will be equal to the company-specific 

estimated weighted-average dumping 

margin established for that producer of 

the subject merchandise; and (3) the 

cash deposit rate for all other producers 

and exporters will be equal to the allothers estimated weighted-average 

dumping margin. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of any public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of the notice of preliminary 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because Commerce 

preliminarily applied AFA to the sole 

mandatory respondent in this 

investigation, and applied an AFA rate 

based on the Petition, there are no 

calculations to disclose. 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g) following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Verification 

Because the mandatory respondent in 

this investigation did not act to the best 

of its ability to provide information 

requested by Commerce, and Commerce 

preliminarily determines the mandatory 

respondent to be uncooperative, we will 

not conduct verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 14 days after 

the date of publication of the 

preliminary determination. Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed not later than 

five days after the date for filing case 

briefs.9 Interested parties who submit 

case briefs or rebuttal briefs in this 

proceeding must submit: (1) a table of 

contents listing each issue; and (2) a 

table of authorities.10

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.11 Further, we request that 

interested parties limit their executive 

summary of each issue to no more than 

450 words, not including citations. We 

intend to use the executive summaries 

as the basis of the comment summaries 

included in the issues and decision 

memorandum that will accompany the 

final determination. We request that 

interested parties include footnotes for 

relevant citations in the executive 

summary of each issue. Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).12

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS. Requests should contain: (1) 

the party’s name, address, and 

telephone number; (2) the number of 

participants and whether any 

participant is a foreign national; and (3) 

a list of issues to be discussed. Issues 

raised in the hearing will be limited to 

those raised in the respective case 

briefs. An electronically filed hearing 

request must be received successfully in 

its entirety via ACCESS by 5 p.m. 

Eastern Time within 30 days after the 

date of publication of this notice. 

Final Determination 

Section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1) provide that 

Commerce will issue the final 

determination within 75 days after the 

date of its preliminary determination. 

Accordingly, Commerce will make its 

final determination no later than 75 

days after the signature date of this 

preliminary determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its affirmative preliminary 

determination. If our final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after our final 

determination whether these imports 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: September 18, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise subject to this 

investigation is melamine (Chemical 

Abstracts Service (CAS) registry number 108– 

78–01, molecular formula C3 H6 N6). 

Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6- triamine; 

Cyanurotriamide; Cyanurotriamine; 

Cyanuramide; and by various brand names. 

Melamine is a crystalline powder or granule. 

All melamine is covered by the scope of this 

investigation irrespective of purity, particle 

size, or physical form. Melamine that has 

been blended with other products is included 

within this scope when such blends include 

constituent parts that have been 

intermingled, but that have not been 

chemically reacted with each other to 

produce a different product. For such blends, 

only the melamine component of the mixture 

is covered by the scope of this investigation. 

Melamine that is otherwise subject to this 

investigation is not excluded when 

commingled with melamine from sources not 

subject to this investigation. Only the subject 

component of such commingled products is 

covered by the scope of this investigation. 

The subject merchandise is provided for in 

subheading 2933.61.0000 of the Harmonized 

Tariff Schedule of the United States 

(HTSUS). Although the HTSUS subheading 

and CAS registry number are provided for 

convenience and customs purposes, the 

written description of the scope is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 


lotter on DSK11XQN23PROD with NOTICES1
77832 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

1See Melamine from Germany, India, Japan, the 

Netherlands, Qatar, and Trinidad and Tobago: 

Initiation of Less-Than-Fair-Value Investigations, 89 

FR 17413 (March 11, 2024) (Initiation Notice). 

2See Melamine from Germany, India, Japan, the 

Netherlands, Qatar, and Trinidad and Tobago: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 89 FR 52437 

(June 24, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Melamine from India,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

62 FR 27296, 27323 (May 19, 1997) (Preamble). 

6See Initiation Notice, 89 FR at 17413. 

7The petitioner is Cornerstone Chemical 

Company. 

8See Petitioner’s Letter, ‘‘Petitioner’s Allegation 

of Critical Circumstances,’’ dated June 17, 2024 

(Critical Circumstances Allegation). 

III. Period of Investigation 

IV. Application of Facts Available, Use of 

Adverse Inference, and Calculation of 

All-Others Rate 

V. Recommendation 

[FR Doc. 2024–21827 Filed 9–23–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–924] 

Melamine From India: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value and Affirmative 

Determination of Critical 

Circumstances, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that melamine from India is 

being, or is likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is January 1, 2023, through 

December 31, 2023. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable September 24, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; (202) 482–2371. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on March 11, 2024.1 On June 18, 2024, 

Commerce postponed the preliminary 

determination of this investigation.2 On 

July 22, 2024, Commerce tolled certain 

deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 18, 

2024. 

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is melamine from India. 

For a full description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 we set aside a 

period of time, as stated in the Initiation 

Notice, for parties to raise issues 

regarding product coverage (i.e., scope).6

No interested party commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. Commerce is 

not modifying the scope language as it 

appeared in the Initiation Notice. See 

the complete description of the scope in 

Appendix I to this notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Pursuant to section 

776(a) of the Act, Commerce 

preliminarily relied upon facts 

otherwise available to assign an 

estimated weighted-average dumping 

margin to Gujarat State Fertilizers and 

Chemicals Limited (GSFC), the sole 

mandatory respondent in this 

investigation. Further, Commerce 

preliminarily determines that GSFC 

failed to cooperate by not acting to the 

best of its ability to comply with a 

request for information and Commerce 

is using an adverse inference in 

selecting from among the facts 

otherwise available (i.e., applying 

adverse facts available (AFA) to this 

respondent, in accordance with section 

776(b) of the Act). For a full description 

of the methodology underlying our 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part 

On June 17, 2024, the petitioner 7

timely filed a critical circumstances 

allegation, pursuant to section 733(e)(1) 

of the Act and 19 CFR 351.206(c)(1), 

alleging that critical circumstances exist 

with respect to imports of the subject 

merchandise from India.8 Section 

733(e)(1) of the Act provides that 

Commerce will preliminarily determine 

that critical circumstances exist in an 

LTFV investigation if there is a 

reasonable basis to believe or suspect 

that: (A) there is a history of dumping 

and material injury by reason of 

dumped imports in the United States or 

elsewhere of the subject merchandise, or 

the person by whom, or for whose 

account, the merchandise was imported 

knew or should have known that the 

exporter was selling the subject 

merchandise at less than its fair value 

and that there was likely to be material 

injury by reason of such sales; and (B) 

there have been massive imports of the 

subject merchandise over a relatively 

short period. 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, we 

preliminarily determine that critical 

circumstances exist with respect to 

imports of melamine produced and 

exported by GSFC. Furthermore, we 

preliminarily determine that critical 

circumstances do not exist with respect 

to imports of melamine produced and 

exported by all other producers and 

exporters from India. For a full 

description of Commerce’s preliminary 

critical circumstances determination, 

see the Preliminary Decision 

Memorandum. 

All-Others Rate 

Section 733(d)(1)(ii) of the Act 

provides that, in a preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for all exporters and producers not 

individually investigated in accordance 

with section 735(c)(5) of the Act. 

Section 735(c)(5)(A) of the Act states 

that generally the estimated rate for all 

others shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 


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