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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97599-97601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28798]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-274-811]

Melamine From Trinidad and Tobago: Final Affirmative 
Determination in the Countervailing Duty Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of melamine from Trinidad & Tobago. The period of investigation is 
January 1, 2023, through December 31, 2023.

DATES: Applicable December 9, 2024.

FOR FURTHER INFORMATION CONTACT: Megan Goins, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0884.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2024, Commerce published its Preliminary Determination 
in the Federal Register and invited interested parties to comment.\1\ 
Also on July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ The deadline for the final 
determination is now December 2, 2024.
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    \1\ See Melamine from Trinidad and Tobago: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of 
Final Determination With Final Antidumping Duty Determination, 89 FR 
59057 (July 22 2024) (Preliminary Determination), and accompanying 
Preliminary Determination Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum 
is a public document and is made available to the public 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Countervailing Duty 
Investigation of Melamine from Trinidad and Tobago,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is melamine from Trinidad 
and Tobago. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination. 
Therefore, we made no changes to the scope of the investigation.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case brief that was submitted by a party in this investigation, are 
discussed in the Issues and Decision

[[Page 97600]]

Memorandum. For a list of the issues raised by that interested party 
and addressed in the Issues and Decision Memorandum, see Appendix II to 
this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found to be countervailable, Commerce determines that 
there is a subsidy, i.e., a financial contribution by an ``authority'' 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
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    In making this final determination, Commerce relied on facts 
otherwise available, including with an adverse inference (AFA), 
pursuant to sections 776(a) and (b) of the Act. For a full discussion 
of our application of AFA, see the Preliminary Determination,\5\ and 
the Issues and Decision Memorandum section entitled ``Use of Facts 
Otherwise Available and Application of Adverse Inferences.''
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    \5\ See Preliminary Determination PDM at 5-9.
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Verification

    Because the examined respondent in this investigation did not 
provide information requested by Commerce and Commerce preliminarily 
determined the examined respondent to have been uncooperative, Commerce 
did not conduct verification.\6\
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    \6\ See Preliminary Determination, 89 FR 59058.
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All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the all-others rate on the countervailable subsidy rate 
established for the mandatory respondent, in accordance with section 
703(d) of the Act.\7\ Consistent with section 705(c)(5)(A)(ii) of the 
Act, we made no changes to the selection of the all-others rate for 
this final determination.
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    \7\ Id.
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Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                                                                 rate
                           Company                             (percent
                                                                  ad
                                                               valorem)
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Methanol Holdings (Trinidad) Ltd............................      * 7.43
All Others..................................................        7.43
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* Rate based on AFA.

Disclosure

    Commerce normally discloses to interested parties the calculations 
and analysis performed in a final determination within five days of its 
public announcement, or if there is no public announcement, within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b). However, because Commerce applied total AFA to the 
respondent in this investigation, in accordance with section 776 of the 
Act, and the applied AFA rates are based on rates calculated in prior 
proceedings, there are no calculations to disclose.

Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to collect cash deposits and suspend 
liquidation of entries of subject merchandise from Trinidad and Tobago 
that were entered, or withdrawn from warehouse, for consumption, on or 
after July 22, 2024, the date of the publication of the Preliminary 
Determination in the Federal Register. In accordance with section 
703(d) of the Act, we also instructed CBP to discontinue the suspension 
of liquidation of all entries of subject merchandise entered or 
withdrawn from warehouse on, or after November 19, 2024, but to 
continue the suspension of liquidation of all entries of subject 
merchandise between July 22, 2024, and November 18, 2024.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated, and all estimated 
duties deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of melamine 
from Trinidad and Tobago. Because the final determination is 
affirmative, in accordance with section 705(b) of the Act, the ITC will 
make its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of melamine from Trinidad and Tobago no 
later than 45 days after our final determination. In addition, we are 
making available to the ITC all non-privileged and nonproprietary 
information related to this investigation. We will allow the ITC access 
to all privileged and business proprietary information in our files, 
provided the ITC confirms that it will not disclose such information, 
either publicly or under an administrative protective order (APO), 
without the written consent of the Assistant Secretary for Enforcement 
and Compliance.
    If the ITC determines that material injury or threat of material 
injury does not exist, this proceeding will be terminated and all cash 
deposits will be refunded. If the ITC determines that such injury does 
exist, Commerce will issue a countervailing duty order directing CBP to 
assess, upon further instruction by Commerce, countervailing duties on 
all imports of the subject merchandise that are entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO, in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final determination in accordance 
with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

[[Page 97601]]

    Dated: December 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation is melamine 
(Chemical Abstracts Service (CAS) registry number 108-78-01, 
molecular formula C3 H6 N6). Melamine is also known as 2,4,6- 
triamino-s-triazine; 1,3,5-Triazine-2,4,6- triamine; 
Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand 
names. Melamine is a crystalline powder or granule. A ll 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Use of Facts Otherwise Available and Adverse Inferences
IV. Analysis of Programs
V. Discussion of the Issue
    Comment: Whether Commerce Should Depart From the Adverse Facts 
Available (AFA) Hierarchy To Determine the AFA Rates
VI. Recommendation

[FR Doc. 2024-28798 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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