<NOTICE>
DEPARTMENT OF COMMERCE
<SUBAGY>International Trade Administration</SUBAGY>
<DEPDOC>[A-518-001]</DEPDOC>
<SUBJECT>Melamine From Qatar: Preliminary Negative Determination of Sales at Less Than Fair Value</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The U.S. Department of Commerce (Commerce) preliminarily determines that melamine from Qatar is not being, or is not 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. Interested parties are invited to comment on this preliminary determination.
</SUM>
<DATES>
<HD SOURCE="HED">DATES:</HD>
Applicable September 24, 2024.
</DATES>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Andrew Hart, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1058.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">Background</HD>
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation in the
<E T="04">Federal Register</E>
on March 11, 2024.
<SU>1</SU>
<FTREF/>
On June 24, 2024, Commerce postponed the preliminary determination of this investigation and the revised deadline was September 11, 2024.
<SU>2</SU>
<FTREF/>
On July 22, 2024, Commerce tolled certain deadlines in this proceeding by seven days until September 18, 2024.
<SU>3</SU>
<FTREF/>
For a complete description of the events that followed the initiation of this investigation,
<E T="03">see</E>
the Preliminary Decision Memorandum.
<SU>4</SU>
<FTREF/>
A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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
<E T="03">https://access.trade.gov.</E>
In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
<E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E>
<FTNT>
<SU>1</SU>
<E T="03">See Melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago: Initiation of Less-Than-Fair-Value investigations,</E>
89 FR 17413 (March 11, 2024) (
<E T="03">Initiation Notice</E>
).
</FTNT>
<FTNT>
<SU>2</SU>
<E T="03">See Melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations,</E>
89 FR 52437 (June 24, 2024).
</FTNT>
<FTNT>
<SU>3</SU>
<E T="03">See</E>
Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
</FTNT>
<FTNT>
<SU>4</SU>
<E T="03">See</E>
Memorandum, “Decision Memorandum for the Preliminary Negative Determination in the Less-Than-Fair-Value Investigation of Melamine from Qatar,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
</FTNT>
<HD SOURCE="HD1">Scope of the Investigation</HD>
The product covered by this investigation is melamine from Qatar. For a full description of the scope of this investigation,
<E T="03">see</E>
Appendix I.
<HD SOURCE="HD1">Scope Comments</HD>
In accordance with the
<E T="03">Preamble</E>
to Commerce's regulations,
<SU>5</SU>
<FTREF/>
we set aside a period of time, as stated in the
<E T="03">Initiation Notice,</E>
for parties to raise issues regarding product coverage (
<E T="03">i.e.,</E>
scope).
<SU>6</SU>
<FTREF/>
No interested party commented on the scope of the investigation as it appeared in the
<E T="03">Initiation Notice.</E>
Commerce is not modifying the scope language as it appeared in the
<E T="03">Initiation Notice. See</E>
the complete description of the scope in Appendix I to this notice.
<FTNT>
<SU>5</SU>
<E T="03">See Antidumping Duties; Countervailing Duties, Final Rule,</E>
62 FR 27296, 27323 (May 19, 1997).
</FTNT>
<FTNT>
<SU>6</SU>
<E T="03">See Initiation Notice,</E>
89 FR at 17413.
</FTNT>
<HD SOURCE="HD1">Methodology</HD>
Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination,
<E T="03">see</E>
the Preliminary Decision Memorandum.
<HD SOURCE="HD1">Preliminary Determination</HD>
Commerce preliminarily determines that the following estimated weighted-average dumping margin exists for the period, January 1, 2023, through December 31, 2023:
<SU>7</SU>
<FTREF/>
<FTNT>
<SU>7</SU>
As discussed in the Preliminary Decision Memorandum, Commerce preliminarily collapsed the following companies and treated them as a single entity: Qatar Melamine Company (QMC); Qatar Chemical and Petrochemical Marketing and Distribution Company (Muntajat) Q.P.J.S.C. (Muntajat); and Qatar Fertiliser Company P.S.C. (QAFCO).
</FTNT>
<GPOTABLE COLS="3" OPTS="L2,tp0,i1" CDEF="s100,15,xs60">
<TTITLE> </TTITLE>
<CHED H="1">Exporter/producer</CHED>
<ENT I="01">Qatar Melamine Company; Qatar Chemical and Petrochemical Marketing and Distribution Company (Muntajat) Q.P.J.S.C.; Qatar Fertiliser Company (P.S.C.)</ENT>
<ENT>*0.80</ENT>
<ENT>Not Applicable.</ENT>
</ROW>
<TNOTE>
*
<E T="03">de minimis.</E>
</TNOTE>
</GPOTABLE>
For this preliminary determination, Commerce calculated a
<E T="03">de minimis</E>
estimated weighted-average dumping margin for the only individually examined respondent, the single entity consisting of QMC, Muntajat, and QAFCO. Consistent with section 733(b)(3) of the Act, Commerce disregards
<E T="03">de minimis</E>
rates and preliminarily determines that the single entity with a
<E T="03">de minimis</E>
rate has not made sales of subject merchandise at LTFV.
Consistent with section 733(d) of the Act, Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters because it has not made an affirmative preliminary determination of sales at LTFV.
<HD SOURCE="HD1">Critical Circumstances Allegation</HD>
On June 17, 2024, the petitioner alleged that critical circumstances exist with respect to imports of melamine from Qatar.
<SU>8</SU>
<FTREF/>
Commerce issued a questionnaire to the respondents requesting information regarding their exports of melamine to the United States from October 2022 to February 2024 and establishing an ongoing requirement for the respondents to provide monthly data during the investigation.
<SU>9</SU>
<FTREF/>
On June 24, 2024 and August 15, 2024, the respondents provided a timely response.
<SU>10</SU>
<FTREF/>
Section 733(e)(1) of the Act provides that Commerce, upon receipt of a timely-filed allegation of critical circumstances, will determine whether there is a reasonable basis to believe or suspect that: (A)(i) there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise; or (ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at LTFV and that there was likely to be material injury by reason of such sales; and (B) there have been massive imports of the subject merchandise over a relatively short period. However, as stated above, because Commerce preliminarily calculated a
<E T="03">de minimis</E>
rate for the sole mandatory respondent, single entity consisting of QMC, Muntajat, and QAFCO, the entity has not made sales of subject merchandise at LTFV. Therefore, pursuant to 19 CFR 351.204(e), the respondent will not be subject to provisional measures under sections 703(d) or section 733(d) of the Act. Consequently, Commerce has not conducted a critical circumstances analysis for this preliminary determination.
<FTNT>
<SU>8</SU>
<E T="03">See</E>
Petitioner's Letter, “Petitioner's Allegation of Critical Circumstances,” dated June 17, 2024 (Critical Circumstances Allegation).
</FTNT>
<FTNT>
<SU>9</SU>
<E T="03">See</E>
Commerce's Letter, “Request for Monthly Quantity and Value Shipment Data,” dated June 17, 2024.
</FTNT>
<FTNT>
<SU>10</SU>
<E T="03">See</E>
QMC's and Muntajat's Letter, “Response to Request for Monthly Quantity and Value Shipment Data,” dated June 24, 2024, and August 15, 2024.
</FTNT>
<HD SOURCE="HD1">Suspension of Liquidation</HD>
Because Commerce has made a negative preliminary determination of sales at LTFV with regard to subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation or to require a cash deposit of estimated antidumping duties for entries of melamine from Qatar.
<HD SOURCE="HD1">Disclosure</HD>
Commerce intends to disclose its calculations and analysis performed in connection with this preliminary determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the
<E T="04">Federal Register</E>
<E T="03">,</E>
in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if appropriate, correct any timely allegations of significant ministerial e
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