```

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97601-97602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28794]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-882]

Melamine From Japan: Final Affirmative Determination of Sales at 
Less Than Fair Value and Final 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) 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.

DATES: Applicable December 9, 2024.

FOR FURTHER INFORMATION CONTACT: George McMahon, 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) 482-1167.

SUPPLEMENTARY INFORMATION:

Background

    On September 24, 2024, Commerce published in the Federal Register 
its preliminary determination in the LTFV investigation of melamine 
from Japan 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 Japan: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Affirmative 
Determination of Critical Circumstances, In Part, 89 FR 77819 
(September 24, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is melamine from Japan. 
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, Mitsui Chemicals, Inc. (Mitsui 
Chemicals), 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.

Final Affirmative Determination of Critical Circumstances, in Part

    We continue to find that critical circumstances exist for imports 
of melamine from Japan for the mandatory respondent Mitsui Chemicals 
but do not exist for all other producers and exporters pursuant to 
sections 735(a)(3)(A) and (B) of the Act and 19 CFR 351.206.\2\
---------------------------------------------------------------------------

    \2\ See Preliminary Determination, 89 FR 77820.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, we assigned Mitsui 
Chemicals an estimated weighted-average dumping margin based entirely 
on AFA, pursuant to sections 776(a) and (b) of Act.\3\ 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 
Mitsui Chemicals.
---------------------------------------------------------------------------

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

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 
115.11 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.\4\ As noted above, we received no comments on our Preliminary 
Determination; thus, we

[[Page 97602]]

continue to assign a dumping margin of 115.11 percent as the all-others 
rate for this final determination.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Mitsui Chemicals, Inc.......................................    * 127.69
All Others..................................................      115.11
------------------------------------------------------------------------
* Rate is 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, Commerce 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 June 26, 2024, which is 90 days prior to 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 margins 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 
Japan 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 
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 the 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. 2024-28794 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
```