Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77819 

4See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2023). 5See Order. 

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 Japan,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. Pursuant to 19 CFR 

351.212(b)(1), because Al Jazeera Steel 

Products Co. SAOG (Al Jazeera) 

reported the entered value for all of its 

U.S. sales, we calculated importerspecific ad valorem duty assessment 

rates based on the ratio of the total 

amount of dumping calculated for the 

examined sales to the total entered 

value of those same sales. 

Commerce’s ‘‘automatic assessment’’ 

will apply to entries of subject 

merchandise during the POR produced 

by Al Jazeera for which the company 

did not know that the merchandise it 

sold to an intermediary (e.g., a reseller, 

trading company, or exporter) was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate such entries at the all-others 

rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.4

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication in the Federal Register of 

these final results of administrative 

review for all shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

by section 751(a)(2)(C) of the Act: (1) the 

cash deposit rate for Al Jazeera will be 

equal to the weighted-average dumping 

margin established in these final results 

of this administrative review; (2) for 

merchandise exported by companies not 

covered in this review but covered in a 

prior completed segment of this 

proceeding, the cash deposit rate will 

continue to be the company-specific rate 

published in the completed segment for 

the most recent period; (3) if the 

exporter is not a firm covered in this 

review, or the less-than-fair-value 

(LFTV) investigation, but the producer 

is, then the cash deposit rate will be the 

cash deposit rate established for the 

most recently completed segment for the 

producer of the subject merchandise; 

and (4) the cash deposit rate for all other 

producers and exporters will continue 

to be the all-others rate (i.e., 7.36 

percent).5 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Administrative Protective Order (APO) 

This notice serves as the only 

reminder to parties subject to an APO of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or destruction 

of APO materials or conversion to 

judicial protective order is hereby 

requested. Failure to comply with the 

regulations and terms of an APO is a 

sanctionable violation. 

Notification to Interested Parties 

This notice is being issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: September 19, 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. 

[FR Doc. 2024–21818 Filed 9–23–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–882] 

Melamine From Japan: 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 Japan 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: 

George McMahon, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1167. 

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 


lotter on DSK11XQN23PROD with NOTICES1
77820 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

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, ‘‘Allegation of Critical 

Circumstances,’’ dated June 17, 2024 (Critical 

Circumstances Allegation). 

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, India, Japan, the Netherlands, Qatar, and 

Trinidad and Tobago: Petition for the Imposition of 

Antidumping Duties,’’ dated February 14, 2024 

(Petition). 

11See Initiation Notice, 89 FR at 17416. 

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 Japan. 

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 Mitsui Chemicals, the sole 

mandatory respondent in this 

investigation because Mitsui Chemicals 

did not submit a response to 

Commerce’s antidumping duty 

questionnaire. Further, Commerce 

preliminarily determines that Mitsui 

Chemicals 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 Japan.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 Mitsui Chemicals. 

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 

Japan. 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 

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 Japan, 102.53 and 127.69 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 115.11 

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) 

Mitsui Chemicals, Inc. ................ *127.69

All Others .................................... 115.11 

* 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 

Mitsui Chemicals 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 CBP to suspend 

liquidation of all other entries of 

melamine from Japan, as described in 

the ‘‘Scope of the Investigation’’ in 

Appendix I, entered, or withdrawn from 

warehouse, for consumption on or after 


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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77821 

12See 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). 

13See 19 351.309(c)(2) and (d)(2). 

14We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

15See APO and Service Final Rule. 

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 allothers rate, as follows: (1) the cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific 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 weightedaverage 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 all-others 

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 

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.12 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.13

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.14 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).15

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. 


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77822 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 Germany,’’ 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; 

see also Certain Preserved Mushrooms from France: 

Final Affirmative Determination of Sales at Less 

Than Fair Value, 87 FR 72963, 72964 (November 

28, 2022). 

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); see also Checklist, ‘‘AD Investigation 

Initiation Checklist,’’ dated March 5, 2024 

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. 2024–21826 Filed 9–23–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–428–852] 

Melamine From Germany: 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 

Germany 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: 

Noah Wetzel, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–7466. 

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 final results 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 

Germany. 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 estimated 

weighted-average dumping margins to 

LAT Nitrogen Piesteritz GmbH, the sole 

mandatory respondent in this 

investigation because LAT Nitrogen 

Piesteritz GmbH did not submit a 

response to Commerce’s antidumping 

duty questionnaire. Further, Commerce 

preliminarily determines that LAT 

Nitrogen Piesteritz GmbH failed to 

cooperate by not acting to the best of its 

ability to comply with a request for 

information and 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 

Section 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 margins, and any 

margins determined entirely under 

section 776 of the Act. The estimated 

weighted-average dumping margins in 

this preliminary determination were 

calculated 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.7

In the Petition,8 Cornerstone 

Chemical Company (the petitioner) 


lotter on DSK11XQN23PROD with NOTICES1