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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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77833 

9See, 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. 

10See 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). 

11See also Initiation Notice, 89 FR at 17416. 

12Adjusted for export subsidies of 2.05 percent 

(comprised of 0.80 percent for the RoDTEP program 

and 1.25 percent for the DDB program) for GSFC 

and All Others. See Melamine from India: 

Preliminary Affirmative Countervailing Duty 

Determination, Preliminary Affirmative Critical 

Circumstances Determination, and Alignment of 

Final Determination with the Final Antidumping 

Duty Determination, 89 FR 59055 (July 22, 2024), 

and accompanying Preliminary Decision 

Memorandum. 

13See 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). 

14See 19 351.309(c)(2) and (d)(2). 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. The estimated 

weighted-average 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 margins alleged in the 

petition and applies the results to all 

other entities not individually 

examined.9

In the Petition,10 the petitioner 

alleged two estimated dumping margins 

for India, 393.82 and 632.74 percent.11

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 513.28 

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) 

Adjusted 

cash 

deposit 

rate 

(percent) 12

Gujarat State 

Fertilizers 

and Chemicals Limited * 632.74 630.69 

All Others ........ 513.28 511.23 

* Rate is based on AFA. 

Suspension of Liquidation 

In accordance with section 733(e)(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 

GSFC that are entered, or withdrawn 

from warehouse, for consumption on or 

after 90 days prior to the date of 

publication of this notice in the Federal 

Register. 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 other entries of melamine from 

India, 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 

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. 

Commerce normally adjusts cash 

deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion 

countervailing duty (CVD) investigation, 

when CVD provisional measures are in 

effect. Accordingly, where Commerce 

preliminarily made an affirmative 

determination for countervailable export 

subsidies, Commerce has offset the 

estimated weighted-average dumping 

margin by the appropriate export 

subsidy rate. Any adjusted cash deposit 

rate may be found in the ‘‘Preliminary 

Determination’’ section above. 

Should provisional measures in the 

companion CVD investigation expire 

prior to the expiration of provisional 

measures in this LTFV investigation, 

Commerce will direct CBP to begin 

collecting estimated antidumping duty 

cash deposits unadjusted for 

countervailed export subsidies at the 

time that the provisional CVD measures 

expire. 

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 

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 has been 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.13 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.14

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 


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77834 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

15We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

16See APO and Service Final Rule. 

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.15 Further, we request that 

interested parties limit their public 

executive summary of each issue to no 

more than 450 words, not including 

citations. We intend to use the public 

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 public 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).16

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, U.S. Department of 

Commerce, 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 the 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 

our 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-triaminostriazine; 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 

III. Period of Investigation 

IV. Application of Facts Available, Use of 

Adverse Inference, and Calculation of 

All-Others Rate 

V. Critical Circumstances 

VI. Recommendation 

[FR Doc. 2024–21824 Filed 9–23–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; National Voluntary 

Laboratory Accreditation Program 

(NVLAP) Information Collection 

System 

AGENCY: National Institute of Standards 

and Technology (NIST), Commerce. 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before November 25, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

mail to Maureen O’Reilly, Management 

Analyst, NIST by email to PRANIST@

nist.gov. Please reference OMB Control 

Number 0693–0003 in the subject line of 

your comments. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Bethany 

Hackett, National Voluntary Laboratory 

Accreditation Program, National 

Institute of Standards and Technology, 

100 Bureau Drive, Stop 2140, 

Gaithersburg, MD 20899–2140; phone: 

(301) 975–6113; email: 

bethany.hackett@nist.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This is a request to extend this 

currently approved information 

collection. This information is collected 

from all testing or calibration 

laboratories that apply for NVLAP 

accreditation. Applicants provide the 

minimum information necessary for 

NVLAP to evaluate the competency of 

laboratories to carry out specific tests or 


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