[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87545-87550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25525]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-180, A-428-854, A-533-932, A-517-807]


Hexamethylenetetramine From the People's Republic of China, 
Germany, India, and Saudi Arabia: Initiation of Less-Than-Fair-Value 
Investigations

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


DATES: Applicable October 21, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Cloyd at 202-482-1246 (the 
People's Republic of China (China)), Ajay Menon at 202-482-0208 
(Germany), Dakota Potts at 202-482-0223 (India), and Andrew Hat at 202-
482-1058 (Saudi Arabia), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On September 30, 2024, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of 
hexamethylenetetramine (hexamine) from China, Germany, India, and Saudi 
Arabia filed in proper form on behalf of Bakelite LLC (the 
petitioner).\1\ The AD Petitions were accompanied by countervailing 
duty (CVD) petitions concerning imports of hexamine from China and 
India.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated September 30, 2024 
(Petitions).
    \2\ Id.
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    Between October 2 and 11, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in 
supplemental questionnaires.\3\ The petitioner responded to Commerce's 
supplemental questionnaires between October 7 and 18, 2024.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
October 2, 2024 (First General Issues Questionnaire); see also 
Country-Specific AD Supplemental Questionnaires: China Supplemental, 
Germany Supplemental, India Supplemental, and Saudi Arabia 
Supplemental, dated October 3, 2024; Commerce's Letter, ``Second 
Supplemental Questions,'' dated October 11, 2024 (Second General 
Issues Questionnaire); Country-Specific Second AD Supplemental 
Questionnaires: China Second Supplemental, India Second 
Supplemental, and Saudi Arabia Second Supplemental; and Memorandum, 
``Phone Call,'' dated October 15, 2024 (October 15, 2024, 
Memorandum).
    \4\ See Petitioner's Letters, ``Response to Supplemental 
Questions,'' dated October 7, 2024 (First General Issues 
Supplement); see also Country-Specific AD Supplemental Responses: 
China AD Supplement, Germany AD Supplement, India AD Supplement, and 
Saudi Arabia AD Supplement, dated October 8, 2024; Petitioners' 
Letters, ``Petitioner's Response to Second Supplemental Questions,'' 
dated October 16, 2024 (Second General Issues Supplement); Country-
Specific Second AD Supplemental Responses: Second China AD 
Supplement, Second India AD Supplement, and Second Saudi Arabia AD 
Supplement, dated October 16, 2024; and Petitioner's Letter, 
``Erratum to Response to Supplemental Questions,'' dated October 18, 
2024 (Second General Issues Errata).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of hexamine from 
China, Germany, India, and Saudi Arabia are being, or are likely to be, 
sold in the United States at less than fair value (LTFV) within the 
meaning of section 731 of the Act, and that imports of such products 
are materially injuring, or threatening material injury to, the 
hexamine industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions were accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigations.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
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Periods of Investigation

    Because the Petitions were filed on September 30, 2024, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the 
Germany, India, and Saudi Arabia LTFV investigations is July 1, 2023, 
through June 30, 2024. Because China is a non-market economy (NME) 
country, pursuant to 19 CFR 351.204(b)(1), the POI for the China LTFV 
investigation is January 1, 2024, through June 30, 2024.

Scope of the Investigations

    The product covered by these investigations is hexamine from China, 
Germany, India, and Saudi Arabia. For a full description of the scope 
of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On October 2 and 11, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\6\ On October 7 and 18, 2024, the petitioner provided 
clarifications and revised the scope.\7\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
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    \6\ See First General Issues Questionnaire; see also Second 
General Issues Questionnaire; and October 15, 2024, Memorandum.
    \7\ See First General Issues Supplement at 3-5; see also Second 
General Issues Supplement at 1-3 and Second General Issues Errata.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments

[[Page 87546]]

include factual information,\9\ all such factual information should be 
limited to public information. To facilitate preparation of its 
questionnaires, Commerce requests that scope comments be submitted by 
5:00 p.m. Eastern Time (ET) on November 12, 2024, which is the next 
business day after 20 calendar days from the signature date of this 
notice.\10\ Any rebuttal comments, which may include factual 
information, and should also be limited to public information, must be 
filed by 5:00 p.m. ET on November 22, 2024, which is 10 calendar days 
from the initial comment deadline.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b)(1). The deadline for scope comments 
falls on November 10, 2024, which is a Sunday. Monday, November 11, 
2024 is a federal holiday. In accordance with 19 CFR 351.303(b)(1), 
Commerce will accept comments filed by 5:00 p.m. ET on November 12, 
2024 (``For both electronically filed and manually filed documents, 
if the applicable due date falls on a non-business day, the 
Secretary will accept documents that are filed on the next business 
day.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of hexamine to be reported 
in response to Commerce's AD questionnaires. This information will be 
used to identify the key physical characteristics of the subject 
merchandise in order to report the relevant factors of production (FOP) 
or cost of production (COP) accurately, as well as to develop 
appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe hexamine, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on November 12, 
2024, which is the next business day after 20 calendar days from the 
signature date of this notice.\12\ Any rebuttal comments must be filed 
by 5:00 p.m. ET on November 22, 2024, which is 10 calendar days from 
the initial comment deadline. All comments and submissions to Commerce 
must be filed electronically using ACCESS, as explained above, on the 
record of each of the LTFV investigations.
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    \12\ See 19 CFR 351.303(b)(1). The deadline for comments on 
product characteristics falls on November 10, 2024, which is a 
Sunday. Monday, November 11, 2024 is a federal holiday. In 
accordance with 19 CFR 351.303(b)(1), Commerce will accept comments 
filed by 5:00 p.m. ET on November 12, 2024 (``For both 
electronically filed and manually filed documents, if the applicable 
due date falls on a non-business day, the Secretary will accept 
documents that are filed on the next business day.'').
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product

[[Page 87547]]

distinct from the scope of the investigations.\15\ Based on our 
analysis of the information submitted on the record, we have determined 
that hexamine, as defined in the scope, constitutes a single domestic 
like product, and we have analyzed industry support in terms of that 
domestic like product.\16\
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    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Antidumping Duty Investigation Initiation 
Checklists: Hexamethylenetetramine from the People's Republic of 
China, Germany, India, and Saudi Arabia,'' dated concurrently with, 
and hereby adopted by, this notice (Country-Specific AD Initiation 
Checklists), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering 
Hexamethylenetetramine from the People's Republic of China, Germany, 
India, and Saudi Arabia (Attachment II). These checklists are on 
file electronically via ACCESS.
    \16\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\17\ The petitioner 
stated that there are no other known producers of hexamine in the 
United States; therefore, the Petitions are supported by 100 percent of 
the U.S. industry.\18\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\19\
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    \17\ Id.
    \18\ Id.
    \19\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, the First General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\20\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\23\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\24\
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    \20\ Id.
    \21\ Id.; see also section 732(c)(4)(D) of the Act.
    \22\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \23\ Id.
    \24\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\25\
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    \25\ For further information regarding negligibility and the 
injury allegation, see Country-Specific AD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Hexamethylenetetramine from the People's Republic 
of China, Germany, India, and Saudi Arabia (Attachment III).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume and market share of subject 
imports; underselling and price depression and/or suppression; lost 
sales and revenues; and adverse impact on the domestic industry's 
production, capacity utilization, U.S. shipments, employment variables, 
capital expenditures, and sales and profitability.\26\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, cumulation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence and meet the statutory requirements for 
initiation.\27\
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    \26\ Id.
    \27\ Id.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of hexamine from China, Germany, India, and Saudi Arabia. 
The sources of data for the deductions and adjustments relating to U.S. 
price and normal value (NV) are discussed in greater detail in the 
Country-Specific AD Initiation Checklists.

U.S. Price

    For China, Germany, and Saudi Arabia, the petitioner based export 
price (EP) on the POI average unit values (AUVs) derived from official 
U.S. import statistics for imports of hexamine produced in and exported 
from each country.\28\ For India, the petitioner based EP on a 
transaction-specific AUV (i.e., month- and port-specific AUV) derived 
from official import statistics and tied to ship manifest data.\29\ For 
each country, the petitioner made certain adjustments to U.S. price to 
calculate a net ex-factory U.S. price, where applicable.\30\
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    \28\ See Country-Specific AD Initiation Checklists.
    \29\ See India AD Initiation Checklist.
    \30\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>31</SUP>
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    \31\ In accordance with section 773(b)(2) of the Act, for the 
India investigations, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    For Germany and India, the petitioner based NV on home market 
pricing information obtained for hexamine produced in and sold, or 
offered for sale, in the respective countries during the applicable 
time period.\32\ For India, the petitioner provided information 
indicating that the prices for hexamine sold or offered for sale in 
India were below the COP. Therefore, for India, the petitioner based NV 
on constructed value.\33\ For Saudi Arabia, the petitioner stated that 
it was unable to obtain home market or third country pricing 
information for hexamine to use as a basis for NV.\34\ Therefore, for 
Saudi Arabia, the petitioner calculated NV based on CV.\35\ For further 
discussion of CV for India and Saudi Arabia, see the section ``Normal 
Value Based on Constructed Value,'' below.
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    \32\ See Country-Specific AD Initiation Checklists.
    \33\ Id.
    \34\ See Saudi Arabia AD Initiation Checklist.
    \35\ Id.
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    Commerce considers China to be an NME country.\36\ In accordance 
with

[[Page 87548]]

section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of the China LTFV investigation. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
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    \36\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that the Republic of T[uuml]rkiye 
(T[uuml]rkiye) is an appropriate surrogate country for China because it 
is a market economy that is at a level of economic development 
comparable to that of China and is a significant producer of comparable 
merchandise.\37\ The petitioner provided publicly available information 
from T[uuml]rkiye to value all FOPs.\38\ Based on the information 
provided by the petitioner, we believe it is appropriate to use 
T[uuml]rkiye as a surrogate country for China to value all FOPs for 
initiation purposes.
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    \37\ See China AD Initiation Checklist.
    \38\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used its own production experience and product-specific 
consumption rates as a surrogate to value Chinese manufacturers' 
FOPs.\39\ Additionally, the petitioner calculated factory overhead, 
selling, general, and administrative (SG&A) expenses, and profit based 
on the experience of a Turkish producer of comparable merchandise.\40\
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    \39\ Id.
    \40\ Id.
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Normal Value Based on Constructed Value

    As noted above for India, the petitioner provided information 
indicating that the prices for hexamine sold or offered for sale in 
India were below the COP. Also as noted above, for Saudi Arabia, the 
petitioner stated that it was unable to obtain home market or third-
country prices for hexamine to use as a basis for NV. Therefore, for 
India and Saudi Arabia, the petitioner calculated NV based on CV.\41\
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    \41\ See Country-Specific AD Initiation Checklists.
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    Pursuant to section 773(e) of the Act, the petitioner calculated CV 
as the sum of the cost of manufacturing, SG&A expenses, financial 
expenses, and profit.\42\ For India and Saudi Arabia, in calculating 
the cost of manufacturing, the petitioner relied on its own production 
experience and product-specific consumption rates, valued using 
publicly available information applicable to the respective countries, 
where applicable.\43\ For India, in calculating SG&A expenses, 
financial expenses, and profit ratios, the petitioner relied on the 
fiscal year 2023 financial statements of a producer of identical 
merchandise domiciled in India.\44\ For Saudi Arabia, in calculating 
SG&A expenses, financial expenses, and profit ratios, the petitioner 
relied on the fiscal year 2022 financial statements of a producer of 
identical merchandise domiciled in Saudi Arabia.\45\
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    \42\ Id.
    \43\ Id.
    \44\ Id.
    \45\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of hexamine from China, Germany, India, and Saudi 
Arabia are being, or are likely to be, sold in the United States at 
LTFV. Based on comparisons of EP to NV in accordance with sections 772 
and 773 of the Act, the estimated dumping margins for hexamine for each 
of the countries covered by this initiation are as follows: (1) China--
405.19 percent; (2) Germany--104.72 to 111.24 percent; (3) India--
105.76 percent; (4) Saudi Arabia--292.32 percent.\46\
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    \46\ Id.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of hexamine from China, Germany, India, and Saudi 
Arabia are being, or are likely to be, sold in the United States at 
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

Germany and Saudi Arabia

    In the Petitions, the petitioner identified two companies in 
Germany (Prefere Paraform GmbH & Co Kg and Fiberpipe GFK 
Vertriebsgesellschaft), and two companies in Saudi Arabia (Methanol 
Chemicals Company and The Factory of Methanol Chemicals) as producers/
exporters of hexamine.\47\ We currently know of no additional 
producers/exporters of hexamine from Germany and Saudi Arabia. 
Accordingly, Commerce intends to individually examine all known 
producers/exporters in the investigations from these countries (i.e., 
the companies cited above).
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    \47\ See Petitions at Volume I (pages 10-11 and Exhibit I-8); 
see also First General Issues Supplement at 1-3 and Exhibit I-S1.
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India

    In the Petitions, the petitioner identified four companies in 
India.\48\ In the event that Commerce determines that the number of 
companies is large, and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on quantity and value (Q&V) 
questionnaires issued to potential respondents. Following standard 
practice in LTFV investigations involving market economy countries, 
Commerce would normally select respondents based on U.S. Customs and 
Border Protection entry data for imports under the appropriate 
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) 
listed in the ``Scope of the Investigations'' in the Appendix. However, 
for these investigations, the main HTSUS subheading under which the 
subject merchandise would enter (2933.69.5000) is not limited to 
subject merchandise and therefore may also cover non-subject 
merchandise. Therefore, we cannot rely on CBP entry data in selecting 
respondents. Accordingly, for India, Commerce will send Q&V 
questionnaires to each producer and/or exporter for which there is 
complete address information on the record.
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    \48\ See Petitions at Volume I (pages 10-11 and Exhibit I-8); 
see also First General Issues Supplement at 1-3 and Exhibit I-S1.
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    Commerce will post the Q&V questionnaire along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of hexamine from India that do 
not receive Q&V questionnaires may still submit a response to the Q&V 
questionnaire and

[[Page 87549]]

can obtain a copy of the Q&V questionnaire from Commerce's website. 
Responses to the Q&V questionnaire must be submitted by the relevant 
Indian producers/exporters no later than 5:00 p.m. ET on November 4, 
2024, which is two weeks from the signature date of this notice. All 
Q&V questionnaire responses must be filed electronically via ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted 
above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

China

    In the Petitions, the petitioner identified 10 companies in China 
as producers and/or exporters of hexamine.\49\ Our standard practice 
for respondent selection in AD investigations involving NME countries 
is to select respondents based on Q&V questionnaires in cases where 
Commerce has determined that the number of companies is large, and it 
cannot individually examine each company based upon its resources. 
Therefore, considering the number of producers and/or exporters 
identified in the Petitions, Commerce will solicit Q&V information that 
can serve as a basis for selecting exporters for individual examination 
in the event that Commerce determines that the number is large and 
decides to limit the number of respondents individually examined 
pursuant to section 777A(c)(2) of the Act. Because there are 10 Chinese 
producers and/or exporters identified in the Petitions, Commerce has 
determined that it will issue Q&V questionnaires to each potential 
respondent for which there is complete address information on the 
record.
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    \49\ See Petitions at Volume I (pages 10-11 and Exhibit I-8); 
see also First General Issues Supplement at 1.
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    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of hexamine from China that do 
not receive Q&V questionnaires may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Commerce's website. Responses to the Q&V questionnaire must be 
submitted by the relevant Chinese producers/exporters no later than 
5:00 p.m. ET on November 4, 2024, which is two weeks from the signature 
date of this notice. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines to receive consideration 
for separate rate status. Companies not filing a timely Q&V 
questionnaire response will not receive separate rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\50\
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    \50\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of China, Germany, India, and Saudi Arabia 
via ACCESS. To the extent practicable, we will attempt to provide a 
copy of the public version of the Petitions to each exporter named in 
the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of hexamine from China, Germany, India, and/or 
Saudi Arabia are materially injuring, or threatening material injury 
to, a U.S. industry.\51\ A negative ITC determination for any country 
will result in the investigation being terminated with respect to that 
country.\52\ Otherwise, these LTFV investigations will proceed 
according to statutory and regulatory time limits.
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    \51\ See section 733(a) of the Act.
    \52\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the

[[Page 87550]]

information is being submitted \53\ and, if the information is 
submitted to rebut, clarify, or correct factual information already on 
the record, to provide an explanation identifying the information 
already on the record that the factual information seeks to rebut, 
clarify, or correct.\54\ Time limits for the submission of factual 
information are addressed in 19 CFR 351.301, which provides specific 
time limits based on the type of factual information being submitted. 
Interested parties should review the regulations prior to submitting 
factual information in these investigations.
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    \53\ See 19 CFR 351.301(b).
    \54\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act (i.e., a cost-based PMS allegation), the submission must be 
filed in accordance with the requirements of 19 CFR 351.416(b), and 
Commerce will respond to such a submission consistent with 19 CFR 
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under 
section 773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after submission of a 
respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\55\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\56\
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    \55\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \56\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\57\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\58\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \57\ See section 782(b) of the Act.
    \58\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\59\
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    \59\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 21, 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 Investigations

    The scope of the investigations covers hexamine in granular 
form, with a particle size of 5 millimeters or less, whether 
stabilized or unstabilized, whether or not blended, mixed, 
pulverized, or grounded with other products, containing 50 percent 
or more hexamine by weight.
    Hexamine is the common name for hexamethylene tetramine 
(Chemical Abstract Service #100-97-0), and is also referred to as 
1,3,5,7-tetraazaadamantanemethenamine; HMT; HMTA; 1,3,5,7-
tetraazatricyclo {3.3.1.13,7{time}  decane; 1,3,5,7-tetraaza 
adamantane; hexamethylenamine. Hexamine has the chemical formula 
C<INF>6</INF>H<INF>12</INF>N<INF>4</INF>.
    Granular hexamine that has been blended with other product(s) is 
included in this scope when the resulting mix contains 50 percent or 
more of hexamine by weight, regardless of whether it is blended with 
inert additives, co-reactants, or any additives that undergo self-
condensation.
    Subject merchandise includes merchandise matching the above 
description that has been processed in a third country, including by 
commingling, diluting, adding or removing additives, or performing 
any other processing that would not otherwise remove the merchandise 
from the scope of the investigations if performed in the subject 
country.
    Merchandise covered by the scope of the investigations can be 
classified in the Harmonized Tariff Schedule (HTSUS) of the United 
States under the subheading 2933.69.5000. The HTSUS subheading and 
Chemical Abstracts Service registry number are provided for 
convenience and customs purposes only; however, the written 
description of the scope is dispositive.

[FR Doc. 2024-25525 Filed 11-1-24; 8:45 am]
BILLING CODE 3510-DS-P