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[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Notices]
[Pages 8701-8703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01999]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-852, A-588-882, A-421-817, A-274-810]

Melamine From Germany, Japan, the Netherlands, and Trinidad and 
Tobago: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing the antidumping duty orders on 
melamine from Germany, Japan, the Netherlands, and Trinidad and Tobago.

DATES: Applicable January 31, 2025.

FOR FURTHER INFORMATION CONTACT: Noah Wetzel at (202) 482-7466 
(Germany); George McMahon at (202) 482-1167 (Japan); Janae Martin at 
(202) 482-0238 (the Netherlands); and Brittany Bauer at (202) 482-3860 
(Trinidad and Tobago), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act) on December 9, 2024, Commerce published in 
the Federal Register its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of melamine from Germany, Japan, 
the Netherlands, and Trinidad and Tobago.\1\ On January 23, 2025, the 
ITC notified Commerce of its final affirmative determinations, pursuant 
to section 735(d) of the Act, that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of melamine from Germany, Japan, and the 
Netherlands, and that an industry in the United States is threatened 
with material injury by reason of imports of such merchandise from 
Trinidad and Tobago that are sold in the United States at LTFV.\2\ 
Further, the ITC determined that critical circumstances do not exist 
with respect to LTFV imports of melamine from Japan.\3\
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    \1\ See Melamine from Germany: Final Affirmative Determination 
of Sales at Less Than Fair Value, 89 FR 97584 (December 9, 2024) 
(Germany Final Determination); Melamine from Japan: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, In Part, 89 FR 
97601 (December 9, 2024) (Japan Final Determination); Melamine from 
the Netherlands: Final Affirmative Determination of Sales at Less 
Than Fair Value, 89 FR 97590 (December 9, 2024) (Netherland Final 
Determination); and Melamine from Trinidad and Tobago: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, In Part, 89 FR 
97598 (December 9, 2024) (Trinidad and Tobago Final Determination) 
(collectively, the Final Determinations).
    \2\ See ITC's Letter, Notification Letter: Investigation Nos. 
701-TA-706, 708-709 and 731-TA-1667, 1669-1670, 1672 (Final), dated 
January 23, 2025 (ITC Notification Letter).
    \3\ Having made a determination that an industry in the United 
States is threatened with material injury by reason of imports of 
melamine from Trinidad and Tobago, the ITC did not reach the issue 
of critical circumstances regarding subject imports from Trinidad 
and Tobago. See Melamine from Germany, Japan, Netherlands, Qatar, 
and Trinidad and Tobago, Investigation Nos. 701-TA-706, 708-709 and 
731-TA-1667, 1669-1670, 1672 (Final), dated January 23, 2025 (ITC 
Final Report).
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Scope of the Orders

    The product covered by these orders is melamine from Germany, 
Japan, the Netherlands, and Trinidad and Tobago. For a complete 
description of the scope of these orders, see the appendix to this 
notice.

Antidumping Duty Orders

    Based on the above-referenced affirmative final determinations by 
the ITC that an industry in the United States is materially injured by 
reason of LTFV imports of melamine from Germany, Japan, and the 
Netherlands, and that an industry in the United States is threatened 
with material injury by reason of imports of such merchandise from 
Trinidad and Tobago,\4\ and, in accordance with sections 735(c)(2) and 
736 of the Act, Commerce is issuing these antidumping duty orders. 
Because the ITC determined that an industry in the United States is 
materially injured by reason of imports of melamine from Germany, 
Japan, the Netherlands, and Trinidad and Tobago are materially 
injuring, or threatening to material injury a U.S. industry,\5\ 
unliquidated entries of such merchandise from Germany, Japan, the 
Netherlands, and Trinidad and Tobago, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
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    \4\ Id.
    \5\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of melamine from Germany, Japan, the Netherlands, and 
Trinidad and Tobago. For all relevant entries of melamine from Germany, 
Japan, and the Netherlands, antidumping duties will be assessed on 
unliquidated entries of melamine entered, or withdrawn from warehouse, 
for consumption on or after June 26, 2024, the date of publication of 
the Preliminary Determinations in the Federal Register, but will not 
include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determination, as further described below.\6\
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    \6\ See Melamine from Germany: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 89 FR 77822 
(September 24, 2024) (Germany Preliminary Determination) and 
accompanying Preliminary Decision Memorandum (PDM); see also 
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) (Japan 
Preliminary Determination) and accompanying PDM; Melamine from the 
Netherlands: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, 89 FR 77829 (September 24, 2024) (Netherlands 
Preliminary Determination) and accompanying PDM; and Melamine from 
Trinidad and Tobago: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value and Affirmative Determination of Critical 
Circumstances, In Part, 89 FR 77814 (September 24, 2024) (Trinidad 
and Tobago Preliminary Determination) and accompanying PDM 
(collectively, the Preliminary Determinations).

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[[Page 8702]]

    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted without the imposition of suspension of liquidation of 
entries since Commerce's preliminary determination.
    Additionally, section 736(b)(2) of the Act requires CBP to refund 
any cash deposits or bonds of estimated antidumping duties posted since 
the preliminary antidumping determination if the ITC's final 
determination is threat-based.
    Because the ITC's final determination for Trinidad and Tobago is 
based on the threat of material injury and is not accompanied by a 
finding that injury would have resulted but for the imposition of 
suspension of liquidation of entries since the Trinidad and Tobago 
Preliminary Determination, section 736(b)(2) of the Act is 
applicable.\7\ Therefore, Commerce will instruct CBP to assess duties 
on entries of melamine from Trinidad and Tobago entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the ITC's notice of final determination of threat of material injury in 
the Federal Register, in accordance with the dumping margins listed in 
the rate chart below for Trinidad and Tobago.
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    \7\ See ITC Final Report at 1, footnote 4.
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Critical Circumstances

    With respect to the ITC's negative critical circumstances 
determination on imports of melamine from Japan, we will instruct CBP 
to lift the suspension of liquidation and to refund all cash deposits 
for estimated antidumping duties with respect to entries of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after June 26, 2024, i.e., 90 days prior to the date of the publication 
of the Japan Preliminary Determination, but before September 24, 2024, 
the date of publication of the Japan Preliminary Determination.

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice below, in accordance with section 736 of the Act, Commerce 
intends to instruct CBP to continue to suspend liquidation of all 
relevant entries of melamine from Germany, Japan, the Netherlands, and 
Trinidad and Tobago. These instructions suspending liquidation will 
remain in effect until further notice.
    Commerce also intends to instruct CBP to require cash deposits at a 
rate equal to the estimated weighted-average dumping margins indicated 
in the table below. Accordingly, effective on the date of publication 
in the Federal Register of the notice of the ITC's final affirmative 
injury determinations, CBP will require, at the same time that 
importers would normally deposit estimated duties on the merchandise, a 
cash deposit equal to the rates listed below. The relevant all-others 
rates apply to all producers or exporters not specifically listed.

Estimated Weighted-Average Dumping Margins

    Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-average
           Country               Exporter/producer      dumping margin
                                                           (percent)
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Germany......................  LAT Nitrogen                       218.73
                                Piesteritz GmbH.
                               All Others...........              179.24
Japan........................  Mitsui Chemicals, Inc              127.69
                               All Others...........              115.11
Netherlands..................  OCI Nitrogen B.V.....               72.16
                               All Others...........               53.50
Trinidad and Tobago..........  Methanol Holdings                  146.85
                                (Trinidad) Limited.
                               All Others...........               98.32
------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination, may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months.
    Commerce published the Preliminary Determinations in these 
investigations in the Federal Register on September 24, 2024.\8\ 
Commerce did not extend the deadline for issuing its final 
determinations in these investigations, which it published in the in 
the Federal Register on December 9, 2024. Therefore, the four-month 
period beginning on the date of publication of the Preliminary 
Determination ended on January 21, 2025.
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    \8\ See Preliminary Determinations.
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    Consequently, in accordance with section 733(d) of the Act and its 
practice,\9\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of melamine from Germany, Japan, the Netherlands, 
and Trinidad and Tobago entered or withdrawn from warehouse for 
consumption, after January 21, 2025, the final day on which the 
provisional measures were in effect, until and through the day 
preceding the date of publication of the ITC's final affirmative injury 
determinations in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determinations in the Federal Register.
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    \9\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea, 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).

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[[Page 8703]]

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\10\ On 
September 27, 2021, Commerce also published the notice titled ``Scope 
Ruling Application; Annual Inquiry Service List; and Informational 
Sessions'' in the Federal Register.\11\ The Final Rule and Procedural 
Guidance provide that Commerce will maintain an annual inquiry service 
list for each order or suspended investigation, and any interested 
party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.\12\
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    \10\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \11\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \12\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \13\
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    \13\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL--January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance,\14\ the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
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    \14\ See Procedural Guidance, 86 FR at 53206.
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    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioner and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \15\ Accordingly, as stated 
above, the petitioner \16\ and Governments of Germany, Japan, the 
Netherlands, and Trinidad and Tobago should submit their initial 
entries of appearance after publication of this notice in order to 
appear in the first annual inquiry service lists for these orders. 
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of 
Germany, Japan, the Netherlands, and Trinidad and Tobago will not need 
to resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioner 
and the Governments of Germany, Japan, the Netherlands, and Trinidad 
and Tobago are responsible for making amendments to their entries of 
appearance during the annual update to the annual inquiry service list 
in accordance with the procedures described above.
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    \15\ See Final Rule, 86 FR at 52335.
    \16\ The petitioner is Cornerstone Chemical Company.
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Notification to Interested Parties

    This notice constitutes the AD Orders with respect to melamine from 
Germany, Japan, the Netherlands, and Trinidad and Tobago, pursuant to 
section 736(a) of the Act. Interested parties can find a list of AD 
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with sections 736(a) of 
the Act, and 19 CFR 351.211(b).

    Dated: January 27, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise subject to these orders 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 these orders 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 these orders. Melamine that is otherwise 
subject to these orders is not excluded when commingled with 
melamine from sources not subject to these orders. Only the subject 
component of such commingled products is covered by the scope of 
these orders.
    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. 2025-01999 Filed 1-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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