Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 97599 

1See 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). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See 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). 

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 Trinidad 

and Tobago 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 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entered, or withdrawn from warehouse, 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. 

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. 2024–28799 Filed 12–6–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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. 

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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
97600 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 

4See 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. 

5See Preliminary Determination PDM at 5–9. 

6See Preliminary Determination, 89 FR 59058. 

7 Id. 

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. 

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.’’ 

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

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. 

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist: 

Company 

Subsidy 

rate 

(percent 

ad 

valorem) 

Methanol Holdings (Trinidad) Ltd * 7.43 

All Others .................................... 7.43 

* 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 nonprivileged 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). 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 97601 

1See 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. 

2See Preliminary Determination, 89 FR 77820. 

3 Id. 

4 Id. 

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- triaminos-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 

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). 

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

Use of Adverse Facts Available 

As discussed in the Preliminary 

Determination, we assigned Mitsui 

Chemicals an estimated weightedaverage 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. 

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 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 


ddrumheller on DSK120RN23PROD with NOTICES1