97584 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 

for the Prohibition of Chemical 

Weapons (OPCW). In order to achieve 

the object and purpose of the 

Convention and the implementation of 

its provisions, the CWC imposes certain 

obligations on countries that have 

ratified the Convention (i.e., States 

Parties), among which are the enactment 

of legislation to prohibit the production, 

storage, and use of chemical weapons 

and the establishment of a National 

Authority to serve as the national focal 

point for effective liaison with the 

OPCW and other States Parties. The 

CWC also requires each State Party to 

implement a comprehensive data 

declaration and inspection regime to 

provide transparency and to verify that 

both the public and private sectors of 

the State Party are not engaged in 

activities prohibited under the CWC. In 

the United States, the Chemical 

Weapons Convention Implementation 

Act of 1998 (22 U.S.C. 6701 et seq.) 

implements the provisions of the CWC. 

‘‘Schedule 1’’ chemicals consist of 

those toxic chemicals and precursors set 

forth in the CWC ‘‘Annex on 

Chemicals’’ and in ‘‘Supplement No. 1 

to part 712—SCHEDULE 1 

CHEMICALS’’ of the CWCR (15 CFR 

parts 710–722). The CWC identified 

these toxic chemicals and precursors as 

posing a high risk to the object and 

purpose of the Convention. 

The CWC (Part VI of the ‘‘Verification 

Annex’’) restricts the production of 

‘‘Schedule 1’’ chemicals for protective 

purposes to two facilities per State 

Party: a single small-scale facility and a 

facility for production in quantities not 

exceeding 10 kilograms (kg) per year. 

The CWC Article-by-Article Analysis 

submitted to the Senate in Treaty Doc. 

103–21 defined the term ‘‘protective 

purposes’’ to mean ‘‘used for 

determining the adequacy of defense 

equipment and measures.’’ Consistent 

with this definition and as authorized 

by Presidential Decision Directive (PDD) 

70 (December 17, 1999), which specifies 

agency and departmental 

responsibilities as part of the U.S. 

implementation of the CWC, the 

Department of Defense (DoD) was 

assigned the responsibility to operate 

these two facilities. DoD maintains strict 

controls on ‘‘Schedule 1’’ chemicals 

produced at its facilities in order to 

ensure accountability for such 

chemicals, as well as their proper use, 

consistent with the object and purpose 

of the Convention. Although this 

assignment of responsibility to DoD 

under PDD–70 effectively precluded 

commercial production of ‘‘Schedule 1’’ 

chemicals for ‘‘protective purposes’’ in 

the United States, it did not establish 

any limitations on ‘‘Schedule 1’’ 

chemical activities that are not 

prohibited by the CWC. 

The provisions of the CWC that affect 

commercial activities involving 

‘‘Schedule 1’’ chemicals are 

implemented in the CWCR (see 15 CFR 

part 712) and in the Export 

Administration Regulations (EAR) (see 

15 CFR 742.18 and 15 CFR part 745), 

both of which are administered by BIS. 

Pursuant to CWC requirements, the 

CWCR restrict commercial production 

of ‘‘Schedule 1’’ chemicals to research, 

medical, or pharmaceutical purposes. 

The CWCR prohibit commercial 

production of ‘‘Schedule 1’’ chemicals 

for ‘‘protective purposes’’ because such 

production is effectively precluded per 

PDD–70, as described above (see 15 CFR 

712.2(a)). 

The CWCR also contain other 

requirements and prohibitions that 

apply to ‘‘Schedule 1’’ chemicals and/or 

‘‘Schedule 1’’ facilities. Specifically, the 

CWCR: 

(1) Prohibit the import of ‘‘Schedule 

1’’ chemicals from States not Party to 

the Convention (15 CFR 712.2(b)); 

(2) Require annual declarations by 

certain facilities engaged in the 

production of ‘‘Schedule 1’’ chemicals 

in excess of 100 grams aggregate per 

calendar year (i.e., declared ‘‘Schedule 

1’’ facilities) for purposes not prohibited 

by the Convention (15 CFR 712.5(a)(1) 

and (a)(2)); 

(3) Provide for government approval 

of ‘‘declared Schedule 1’’ facilities (15 

CFR 712.5(f)); 

(4) Require 200 days advance 

notification of the establishment of new 

‘‘Schedule 1’’ production facilities 

producing greater than 100 grams 

aggregate of ‘‘Schedule 1’’ chemicals per 

calendar year (15 CFR 712.4); 

(5) Provide that ‘‘declared Schedule 

1’’ facilities are subject to initial and 

routine inspection by the OPCW (15 

CFR 712.5(e) and 716.1(b)(1)); 

(6) Require advance notification and 

annual reporting of all imports and 

exports of ‘‘Schedule 1’’ chemicals to, or 

from, other States Parties to the 

Convention (15 CFR 712.6, 742.18(a)(1) 

and 745.1); and 

(7) Prohibit the export of ‘‘Schedule 

1’’ chemicals to States not Party to the 

Convention (15 CFR 742.18(a)(1) and 

(b)(1)(ii)). 

For purposes of the CWCR (see the 

definition of ‘‘production’’ in 15 CFR 

710.1), the phrase ‘‘production of a 

Schedule 1 chemical’’ means the 

formation of ‘‘Schedule 1’’ chemicals 

through chemical synthesis, as well as 

processing to extract and isolate 

‘‘Schedule 1’’ chemicals. The phrase 

also encompasses the formation of a 

chemical through chemical reaction, 

including by a biochemical or 

biologically mediated reaction. 

‘‘Production of a Schedule 1 chemical’’ 

is understood, for CWCR declaration 

purposes, to include intermediates, byproducts, or waste products that are 

produced and consumed within a 

defined chemical manufacturing 

sequence, where such intermediates, byproducts, or waste products are 

chemically stable and therefore exist for 

a sufficient time to make isolation from 

the manufacturing stream possible, but 

where, under normal or design 

operating conditions, isolation does not 

occur. 

Request for Comments 

In order to assist in determining 

whether the legitimate commercial 

activities and interests of chemical, 

biotechnology, and pharmaceutical 

firms in the United States are 

significantly harmed by the limitations 

of the Convention on access to, and 

production of, ‘‘Schedule 1’’ chemicals 

as described in this notice, BIS is 

seeking public comments on any effects 

that implementation of the CWC, 

through the Chemical Weapons 

Convention Implementation Act of 1998 

and the CWCR, has had on commercial 

activities involving ‘‘Schedule 1’’ 

chemicals during calendar year 2024. To 

allow BIS to properly evaluate the 

significance of any harm to commercial 

activities involving ‘‘Schedule 1’’ 

chemicals, public comments submitted 

in response to this notice of inquiry 

should include both a quantitative and 

qualitative assessment of the impact of 

the CWC on such activities. 

Submission of Comments 

All comments must be submitted to 

one of the addresses indicated in this 

notice and in accordance with the 

instructions provided herein. BIS will 

consider all comments received on or 

before January 8, 2025. 

Matthew S. Borman, 

Principal Deputy Assistant Secretary for 

Strategic Trade and Technology Security. 

[FR Doc. 2024–28755 Filed 12–6–24; 8:45 am] 

BILLING CODE 3510–33–P 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 97585 

1See 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. 

2 Id., 89 FR 77822. 

3 Id. 

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). 

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. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage 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. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated 

weightedaverage 

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 allothers rate as follows: (1) the cash 

deposit rate for the respondent listed 

above will be equal to the companyspecific 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 companyspecific 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 weightedaverage 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 


ddrumheller on DSK120RN23PROD with NOTICES1
97586 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 

1See Melamine from Germany: Preliminary 

Affirmative Countervailing Duty Determination, and 

Alignment of Final Determination with Final 

Antidumping Duty Determination, 89 FR 59053 

(July 22, 2024), and accompanying Preliminary 

Decision Memorandum (PDM). 

2 Id., 89 FR 59053. 

3 Id., 89 FR 59053–59054. 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

5See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

6See Preliminary Determination, 89 FR 39054. 

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-triaminostriazine; 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–428–853] 

Melamine From Germany: Final 

Affirmative Countervailing Duty 

Determination 

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 the Federal Republic of 

Germany (Germany). The period of 

investigation is January 1, 2023, through 

December 31, 2023. 

DATES: Applicable December 9, 2024. 

FOR FURTHER INFORMATION CONTACT: Bob 

Palmer or Faris Montgomery, 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) 482–9068 or (202) 482–1537, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 22, 2024, Commerce 

published the Preliminary 

Determination in the Federal Register.1

Commerce invited parties to comment 

on the Preliminary Determination.2 We 

received no comments from interested 

parties and have accordingly made no 

changes to the Preliminary 

Determination. Accordingly, no 

decision memoranda accompany this 

notice. The Preliminary Determination 

is hereby adopted in this final 

determination. In the Preliminary 

Determination, and in accordance with 

section 705(a)(1) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.210(b)(4), Commerce aligned the 

final countervailing duty (CVD) 

determination with the final 

antidumping duty determination.3 On 

July 22, 2024, Commerce tolled certain 

deadlines in this proceeding by seven 

days.4 The deadline for the final 

determination is now December 2, 2024. 

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 

Appendix. 

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. 

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.5

In making this final determination, 

Commerce relied on facts otherwise 

available, including with an adverse 

inference, pursuant to sections 776(a) 

and (b) of the Act. For a full discussion 

of our application of adverse facts 

available, see the Preliminary 

Determination. 

Verification 

Because the examined respondents in 

this investigation did not provide 

information requested by Commerce 

and Commerce preliminarily 

determined each of the examined 

respondents to have been 

uncooperative, Commerce did not 

conduct verification.6

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

Pursuant to section 705(c)(5)(A)(ii) of 

the Act, if the individual estimated 

countervailable subsidy rates 

established for all exporters and 

producers individually examined are 

zero, de minimis, or determined based 


ddrumheller on DSK120RN23PROD with NOTICES1