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

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-428-852, A-588-882, A-421-817, A-274-810]</DEPDOC> <SUBJECT>Melamine From Germany, Japan, the Netherlands, and Trinidad and Tobago: Antidumping Duty Orders</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable January 31, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> 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 <E T="04">Federal Register</E> its affirmative final determinations in the less-than-fair-value (LTFV) investigations of melamine from Germany, Japan, the Netherlands, and Trinidad and Tobago. <SU>1</SU> <FTREF/> 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. <SU>2</SU> <FTREF/> Further, the ITC determined that critical circumstances do not exist with respect to LTFV imports of melamine from Japan. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Melamine from Germany: Final Affirmative Determination of Sales at Less Than Fair Value,</E> 89 FR 97584 (December 9, 2024) ( <E T="03">Germany Final Determination</E> ); <E T="03">Melamine from Japan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part,</E> 89 FR 97601 (December 9, 2024) ( <E T="03">Japan Final Determination</E> ); <E T="03">Melamine from the Netherlands: Final Affirmative Determination of Sales at Less Than Fair Value,</E> 89 FR 97590 (December 9, 2024) ( <E T="03">Netherland Final Determination</E> ); and <E T="03">Melamine from Trinidad and Tobago: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part,</E> 89 FR 97598 (December 9, 2024) ( <E T="03">Trinidad and Tobago Final Determination</E> ) (collectively, the <E T="03">Final Determinations</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> 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). </FTNT> <FTNT> <SU>3</SU>  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. <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Scope of the Orders</HD> 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, <E T="03">see</E> the appendix to this notice. <HD SOURCE="HD1">Antidumping Duty Orders</HD> 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, <SU>4</SU> <FTREF/> 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, <SU>5</SU> <FTREF/> 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. <FTNT> <SU>4</SU>   <E T="03">Id.</E> </FTNT> <FTNT> <SU>5</SU>   <E T="03">Id.</E> </FTNT> 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 <E T="03">Preliminary Determinations</E> in the <E T="04">Federal Register</E> , 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. See Melamine from Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, </E> 89 FR 77822 (September 24, 2024) ( <E T="03">Germany Preliminary Determination</E> ) and accompanying Preliminary Decision Memorandum (PDM); <E T="03">see also Melamine from Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, In Part,</E> 89 FR 77819 (September 24, 2024) ( <E T="03">Japan Preliminary Determination</E> ) and accompanying PDM; <E T="03">Melamine from the Netherlands: Preliminary Affirmative Determination of Sales at Less Than Fair Value,</E> 89 FR 77829 (September 24, 2024) ( <E T="03">Netherlands Preliminary Determination</E> ) and accompanying PDM; and <E T="03">Melamine from Trinidad and Tobago: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, In Part,</E> 89 FR 77814 (September 24, 2024) ( <E T="03">Trinidad and Tobago Preliminary Determination</E> ) and accompanying PDM (collectively, <E T="03">the Preliminary Determinations</E> ). </FTNT> 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 <E T="03">Trinidad and Tobago Preliminary Determination,</E> section 736(b)(2) of the Act is applicable. <SU>7</SU> <FTREF/> 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 <E T="04">Federal Register</E> , in accordance with the dumping margins listed in the rate chart below for Trinidad and Tobago. <FTNT> <SU>7</SU>   <E T="03">See</E> ITC Final Report at 1, footnote 4. </FTNT> <HD SOURCE="HD1">Critical Circumstances</HD> 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, <E T="03">i.e.,</E> 90 days prior to the date of the publication of the <E T="03">Japan Preliminary Determination,</E> but before September 24, 2024, the date of publication of the <E T="03">Japan Preliminary Determination.</E> <HD SOURCE="HD1">Continuation of Suspension of Liquidation</HD> Except as noted in the “Provisio ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. 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