Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices 9415 

1See Melamine from India: Preliminary 

Affirmative Determination of Sales at Less Than 

Continued 

November 19, 2024, but to continue the 

suspension of liquidation of all entries 

of subject merchandise on or before 

November 18, 2024. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, 

Commerce will issue a CVD 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 in the table above. If the ITC 

determines that material injury, or 

threat of material injury, does not exist, 

this investigation will be terminated, 

and all estimated countervailing duties 

deposited, or securities posted as a 

result of the suspension of liquidation 

will be refunded or cancelled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 

melamine from India. As Commerce’s 

final determination is affirmative, in 

accordance with section 705(b) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of U.S. imports of melamine from 

India. Commerce is making available to 

the ITC all non-privileged 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 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are entered, or withdrawn from 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 the 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 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: February 6, 2025. 

Christopher Abbott, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the 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-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. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Determination of Critical Circumstances 

V. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

VI. Discussion of the Issues 

Comment 1: Whether Duty Drawback 

(DDB) Program is a Non-countervailable 

and World Trade Organization (WTO) 

Compliant Program 

Comment 2: Whether Commerce 

Incorrectly Countervailed the Remission 

of Duties and Taxes on Export Products 

(RoDTEP) Program 

Comment 3: Whether the Urea Subsidy 

Program (USP) is Tied to Non-Subject 

Merchandise 

Comment 4: Whether Commerce 

Improperly Applied Adverse Facts 

Available (AFA) to the Natural Gas at 

Less Than Adequate Remuneration 

(LTAR) Program 

Comment 5: Whether Commerce 

Improperly Terminated its Verification 

of Gujarat Fertilizers 

Comment 6: Whether Critical 

Circumstances Exist With Respect to 

Gujarat Fertilizers 

VII. Recommendation 

[FR Doc. 2025–02548 Filed 2–11–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–924] 

Melamine From India: Final Affirmative 

Determination of Sales at Less Than 

Fair Value and 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 India 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 February 12, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2371. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 24, 2024, Commerce 

published in the Federal Register its 

preliminary affirmative determination 

in the LTFV investigation of melamine 

from India and invited interested parties 

to comment.1


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9416 Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices 

Fair Value and Affirmative Determination of 

Critical Circumstances, in Part, 89 FR 77832 

(September 24, 2024) (Preliminary Determination), 

and accompanying Preliminary Decision 

Memorandum (PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Melamine from India,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

3See Preliminary Determination, 89 FR at 77832; 

see also PDM at 12–16. 

4 Id. 

5See Preliminary Determination, 89 FR at 77834. 

6 Id. at 77832; see also PDM at 4–11. 

7 Id. 

8See Preliminary Determination, 89 FR at 77833. 

9Adjusted for export subsidies of 6.47 percent 

(comprised of 2.69 percent for the RoDTEP program 

and 3.78 percent for the DDB program) for GSFC 

and all others. See unpublished Federal Register 

notice, ‘‘Melamine from India: Final Affirmative 

Countervailing Duty Determination and Critical 

Circumstances Determination,’’ and accompanying 

Issues and Decision Memorandum, dated February 

6, 2025. 

A summary of the events that 

occurred since 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.2 The Issues and Decision 

Memorandum is a public document and 

is on file electronically 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. 

Final Affirmative Determination of 

Critical Circumstances, in Part 

Commerce preliminarily determined, 

in accordance with section 733(e)(1) of 

the Tariff Act of 1930, as amended (the 

Act), and 19 CFR 351.206, that critical 

circumstances exist with respect to 

imports of melamine from India 

produced and exported by Gujarat State 

Fertilizers and Chemicals Limited 

(GSFC). For the final determination, 

pursuant to sections 735(a)(3)(A) and (B) 

of the Act and 19 CFR 351.206, we 

continue to find that critical 

circumstances exist for this company.3

Furthermore, we continue to find that 

critical circumstances do not exist with 

respect to imports of melamine 

produced and exported by all other 

producers and exporters of melamine 

from India. For a discussion and 

analysis of comments regarding 

Commerce’s critical circumstances 

analysis, see the Preliminary 

Determination 4 and the Issues and 

Decision Memorandum. 

Scope of the Investigation 

The product covered by this 

investigation is melamine from India. 

For a complete description of the scope 

of this investigation, see Appendix I 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.5 Therefore, 

we made no changes to the scope of the 

investigation. 

Verification 

As stated in the Preliminary 

Determination, the sole mandatory 

respondent, GSFC, failed to cooperate 

by not acting to the best of its ability to 

provide requested information.6

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. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs submitted by interested 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached as Appendix 

II to this notice. 

Use of Adverse Facts Available 

As discussed in the Preliminary 

Determination, we assigned GSFC an 

estimated weighted-average dumping 

margin based entirely on AFA, pursuant 

to sections 776(a) and (b) of Act.7 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 

GSFC. 

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 513.28 

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.8 We have not 

made any changes to our Preliminary 

Determination; thus, we continue to 

assign a dumping margin of 513.28 

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 

weighted-average 

dumping margin 

(percent) 

Adjusted cash 

deposit rate 

(percent) 9

Gujarat State Fertilizers and Chemicals Limited ......................................................................................... * 632.74 626.27 

All Others ..................................................................................................................................................... 513.28 506.81 

* 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 continues 

to apply AFA to the mandatory 

respondent in this investigation, 

consistent with the Preliminary 

Determination and the rate is based on 

the Petition, 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 


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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices 9417 

10See section 703(d) of the Act, which states that 

the provisional measures may not be in effect for 

more than four months, which in the companion 

CVD case is 120 days after the publication of the 

preliminary determination, or November 19, 2024. 

See CBP Message 4324409, ‘‘Discontinuation of 

suspension of liquidation in the countervailing duty 

investigation of melamine from India (C–533–925),’’ 

dated November 19, 2024. 

continue to suspend liquidation of 

subject merchandise, as described in the 

Appendix I to this notice, from GSFC 

that are 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. In accordance with 

section 735(c)(1)(B) of the Act, we will 

instruct CBP to continue to suspend 

liquidation of all other entries of subject 

merchandise, entered, or withdrawn 

from warehouse, for consumption on or 

after September 24, 2024, which is the 

date of publication of the 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. 

Commerce normally adjusts cash 

deposits for estimated antidumping 

duties by the amount of export subsidies 

in a companion countervailing duty 

(CVD) proceeding, when CVD 

provisional measures are in effect. 

However, provisional measures in the 

companion CVD proceeding are no 

longer in effect and suspension of 

liquidation was discontinued. 

Therefore, we will instruct CBP to 

collect cash deposits based upon the 

estimated weighted-average dumping 

margin shown in the ‘‘Final 

Determination’’ section above, 

unadjusted for CVD export subsidies.10

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 India 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 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: February 6, 2025. 

Christopher Abbott, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the 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-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. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Discussion of the Issues 

Comment 1: Commerce Must Use Certain 

Data Submitted by GSFC 

Comment 2: Commerce Should Not Find 

Critical Circumstances 

Comment 3: Commerce Must Calculate 

Margins of GSFC Considering Export 

Sales to the United States 

Comment 4: The Purportedly Missing 

Information Is Not Significant 

Comment 5: The Proposed AFA Margin 

Dwarfs Historic Margins in India 

Comment 6: Commerce Has Not Explained 

the Need for the Missing Information 

Comment 7: Commerce Ignored Its 

Statutory Mandate 

V. Recommendation 

[FR Doc. 2025–02547 Filed 2–11–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE659] 

New England Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

holding four regional workshops to hear 


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