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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97584-97586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28800]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-852]

Melamine From Germany: Final Affirmative Determination of Sales 
at Less Than Fair Value

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

[[Page 97585]]

SUMMARY: The U.S. Department of Commerce (Commerce) 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 
(POI) is January 1, 2023, through December 31, 2023.

DATES: Applicable December 9, 2024.

FOR FURTHER INFORMATION CONTACT: Noah Wetzel, AD/CVD Operations, Office 
VIII, 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

    On September 24, 2024, Commerce published in the Federal Register 
its preliminary determination in the LTFV investigation of melamine 
from Germany and invited interested parties to comment.\1\ No 
interested party submitted comments. Accordingly, the final 
determination remains unchanged from the Preliminary Determination and 
no decision memoranda accompany this notice. The Preliminary 
Determination is hereby adopted in this final determination. Commerce 
conducted this LTFV investigation in accordance with section 735 of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Melamine from Germany: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 89 FR 77822 
(September 24, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
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Scope of the Investigation

    The product covered by this investigation is melamine from Germany. 
For a complete description of the scope of this investigation, see the 
appendix to this notice.

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.

Verification

    As stated in the Preliminary Determination, after being selected as 
the sole mandatory respondent, LAT Nitrogen Piesteritz GmbH (LAT 
Nitrogen), declined to participate and did not provide information 
requested by Commerce. Accordingly, Commerce based the Preliminary 
Determination entirely on the application of facts available with 
adverse inferences (AFA), and did not conduct verification under 
section 782(i) of the Act.

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, we assigned LAT 
Nitrogen an estimated weighted-average dumping margin based entirely on 
AFA, pursuant to sections 776(a) and (b) of Act.\2\ There is no new 
information on the record that would cause us to revisit our decision 
in the Preliminary Determination. Accordingly, for this final 
determination, we continue to find that the application of AFA pursuant 
to sections 776(a) and (b) of the Act is warranted with respect to LAT 
Nitrogen.
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    \2\ Id., 89 FR 77822.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In the Preliminary Determination, we assigned a dumping margin of 
179.24 percent as the all-others rate based on a simple average of the 
calculated rates in the petition, pursuant to section 735(c)(5)(B) of 
the Act.\3\ As noted above, we received no comments on our Preliminary 
Determination; thus, we continue to assign a dumping margin of 179.24 
percent as the all-others rate for this final determination.
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    \3\ Id.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
LAT Nitrogen Piesteritz GmbH................................    * 218.73
All Others..................................................      179.24
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with a final 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 final determination in the Federal Register, in accordance with 19 
CFR 351.224(b). However, because Commerce received no comments on the 
Preliminary Determination, it is adopting the Preliminary Determination 
as the final determination in this investigation. Consequently, there 
are no new calculations to disclose.

Suspension of Liquidation

    In accordance with section 735(c)(4) of the Act, we will instruct 
U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of subject merchandise, as described in the appendix to 
this notice, entered, or withdrawn from warehouse, for consumption, on 
or after September 24, 2024, which is the date of publication of the 
affirmative Preliminary Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, Commerce will instruct CBP 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 respondent listed above will be equal to the company-specific 
estimated weighted-average dumping margin determined in this final 
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 all-others estimated weighted-average dumping margin. These 
suspension of liquidation instructions will remain in effect until 
further notice.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
Commerce's final determination is affirmative, in accordance with 
section 735(b)(2) 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 or 
sales (or the likelihood of sales) for importation of melamine from 
Germany no later than 45 days after this final determination. If the 
ITC determines that such injury does not exist, this proceeding will be 
terminated, and all cash deposits will be refunded, and suspension of 
liquidation will be lifted. If the ITC determines that material injury, 
or the threat of material injury, exists, Commerce will issue an

[[Page 97586]]

antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Suspension of Liquidation'' 
section above.

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). 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 determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

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

Appendix

Scope of the Investigation

    The merchandise subject to this investigation is melamine 
(Chemical Abstracts Service (CAS) registry number 108-78-01, 
molecular formula C3 H6 N6). Melamine is also known as 2,4,6-
triamino-striazine; 1,3,5-Triazine-2,4,6- triamine; Cyanurotriamide; 
Cyanurotriamine; Cyanuramide; and by various brand names. Melamine 
is a crystalline powder or granule. All melamine is covered by the 
scope of this investigation irrespective of purity, particle size, 
or physical form. Melamine that has been blended with other products 
is included within this scope when such blends include constituent 
parts that have been intermingled, but that have not been chemically 
reacted with each other to produce a different product. For such 
blends, only the melamine component of the mixture is covered by the 
scope of this investigation. Melamine that is otherwise subject to 
this investigation is not excluded when commingled with melamine 
from sources not subject to this investigation. Only the subject 
component of such commingled products is covered by the scope of 
this investigation.
    The subject merchandise is provided for in subheading 
2933.61.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading and CAS registry number are 
provided for convenience and customs purposes, the written 
description of the scope is dispositive.

[FR Doc. 2024-28800 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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