```

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97590-97592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28795]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-817]

Melamine From the Netherlands: Final 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) determines that 
melamine from the Netherlands is

[[Page 97591]]

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: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2924.

SUPPLEMENTARY INFORMATION:

Background

    On September 24, 2024, Commerce published in the Federal Register 
its preliminary determination in the LTFV investigation of melamine 
from the Netherlands 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).
---------------------------------------------------------------------------

    \1\ See Melamine from the Netherlands: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 89 FR 77829 
(September 24, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is melamine from the 
Netherlands. 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, OCI Nitrogen B.V. (OCI Nitrogen), 
discontinued its participation in this investigation. 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 OCI 
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 OCI 
Nitrogen.
---------------------------------------------------------------------------

    \2\ Id., 89 FR 77830.
---------------------------------------------------------------------------

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 an estimated 
weighted-average dumping margin of 53.50 percent as the all-others rate 
based on a simple average of the dumping margins alleged 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 an estimated weighted-average dumping margin of 
53.50 percent to all other producers and exporters for this final 
determination.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
OCI Nitrogen B.V...........................................     * 72.16
All Others.................................................       53.50
------------------------------------------------------------------------
* 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 
merchandise produced or exported by OCI Nitrogen will be equal to OCI 
Nitrogen's company-specific estimated weighted-average dumping margin 
determined in this final determination; (2) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin as determined in the final 
determination. These suspension of liquidation instructions and cash 
deposit requirements 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 the 
Netherlands 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 antidumping order directing CBP to assess, upon further 
instruction by

[[Page 97592]]

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.

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. 2024-28795 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
```