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[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Notices]
[Pages 9415-9417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02547]

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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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    \1\ See Melamine from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Affirmative 
Determination of Critical Circumstances, in Part, 89 FR 77832 
(September 24, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).

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[[Page 9416]]

    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.
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    \2\ See 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).
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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.
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    \3\ See Preliminary Determination, 89 FR at 77832; see also PDM 
at 12-16.
    \4\ Id.
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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.
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    \5\ See Preliminary Determination, 89 FR at 77834.
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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.
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    \6\ Id. at 77832; see also PDM at 4-11.
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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.
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    \7\ Id.
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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 
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.
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    \8\ See Preliminary Determination, 89 FR at 77833.
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Final Determination

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

------------------------------------------------------------------------
                                        Estimated
                                     weighted-average    Adjusted cash
         Exporter/producer            dumping margin      deposit rate
                                        (percent)        (percent) \9\
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Gujarat State Fertilizers and                * 632.74             626.27
 Chemicals Limited................
All Others........................             513.28             506.81
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* Rate based on facts available with adverse inferences.

Disclosure
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    \9\ Adjusted 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.
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    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

[[Page 9417]]

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 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 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 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.
    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\
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    \10\ See 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.
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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-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. 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
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