<NOTICE>
DEPARTMENT OF COMMERCE
<SUBAGY>International Trade Administration</SUBAGY>
<DEPDOC>[C-428-853, C-518-002, C-274-811]</DEPDOC>
<SUBJECT>Melamine From Germany, Qatar, and Trinidad and Tobago: Countervailing 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 countervailing duty orders on melamine from Germany, Qatar, 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>
Bob Palmer at (202) 482-9068 or Laurel Smalley at (202) 482-3456 (Germany);
Sofia Pedrelli at (202) 482-4310 (Qatar), and Colin Thrasher at (202) 482-3004 (Trinidad and Tobago), AD/CVD Operations, Offices VIII, II, and V, 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 705(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 countervailing duty investigations of melamine from Germany, Qatar, and Trinidad and Tobago.
<SU>1</SU>
<FTREF/>
On January 23, 2025, the ITC notified Commerce of its final affirmative determinations, pursuant to sections 705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of melamine from Germany and Qatar,
<SU>2</SU>
<FTREF/>
and that an industry in the United States is threatened with material injury by reason of subsidized imports from Trinidad and Tobago.
<SU>3</SU>
<FTREF/>
<FTNT>
<SU>1</SU>
<E T="03">See Melamine from Germany: Final Affirmative Countervailing Duty Determination,</E>
89 FR 97586 (December 9, 2024) (
<E T="03">Germany Final Determination</E>
);
<E T="03">Melamine from Qatar: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination,</E>
89 FR 97593 (December 9, 2024) (
<E T="03">Qatar Final Determination</E>
); and
<E T="03">Melamine from Trinidad and Tobago: Final Affirmative Determination in the Countervailing Duty Investigation,</E>
89 FR 97599 (December 9, 2024) (
<E T="03">Trinidad and Tobago Final Determination</E>
).
</FTNT>
<FTNT>
<SU>2</SU>
<E T="03">See</E>
ITC's Letter, “Notification of ITC Final Determinations,” 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, Qatar, 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">Countervailing 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 subsidized imports of melamine from Germany and Qatar, and is threatened with material injury by reason of subsidized imports of melamine from Trinidad and Tobago,
<SU>4</SU>
<FTREF/>
and in accordance with sections 705(c)(2) and 706 of the Act, Commerce is issuing these countervailing duty orders. Because the ITC determined that imports of melamine from Germany, Qatar, and Trinidad and Tobago are materially injuring, or threatening to material injure a U.S. industry, unliquidated entries of such merchandise from Germany, Qatar, and Trinidad and Tobago, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties.
<FTNT>
<SU>4</SU>
<E T="03">Id.</E>
</FTNT>
Therefore, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties on unliquidated entries of melamine from Germany, Qatar, and Trinidad and Tobago. With the exception of entries occurring after the expiration of the provisional measures period and before the publication of the ITC's final affirmative injury determinations, as further described below, countervailing duties will be assessed on unliquidated entries of melamine from Germany and Qatar entered, or withdrawn from warehouse, for consumption on or after July 22, 2024, the date of publication of the
<E T="03">Preliminary Determinations</E>
in the
<E T="04">Federal Register</E>
.
<SU>5</SU>
<FTREF/>
<FTNT>
<SU>5</SU>
<E T="03">See Melamine from Germany: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination,</E>
89 FR 59053 (July 22, 2024);
<E T="03">Melamine from Qatar: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Determination of Critical Circumstances, and Alignment of Final Determination With Final Antidumping Duty Determination,</E>
89 FR 59045 (July 22, 2024); and
<E T="03">Melamine from Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination,</E>
89 FR 59057 (July 22, 2024) (collectively,
<E T="03">Preliminary Determinations</E>
).
</FTNT>
Pursuant to section 706(b)(2) of the Act, countervailing 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 706(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated countervailing duties posted since the preliminary countervailing duty 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 706(b)(2) of the Act is applicable.
<SU>6</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 subsidy rates listed in the rate chart below for Trinidad and Tobago.
<FTNT>
<SU>6</SU>
<E T="03">See</E>
ITC Final Report at 1, footnote 4.
</FTNT>
<HD SOURCE="HD1">Suspension of Liquidation and Cash Deposits</HD>
In accordance with section 706 of the Act, Commerce will direct CBP to reinstitute the suspension of liquidation of melamine from Germany, Qatar, and Trinidad and Tobago, effective the date of publication of the ITC's notice of final determinations in the
<E T="04">Federal Register</E>
, and to assess, upon further instruction by Commerce pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC's final injury determinations in the
<E T="04">Federal Register</E>
, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below. These instructions suspending liquidation will remain in effect until further notice.
<HD SOURCE="HD1">Estimated Countervailable Duty Subsidy Rates</HD>
The estimated countervailable duty subsidy rates are as follows; all-others rate applies to all producers or exporters not specifically listed below.
<GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="xs80,r100,12">
<TTITLE> </TTITLE>
<CHED H="1">Country</CHED>
<CHED H="1">Company</CHED>
<ENT>29.72</ENT>
</ROW>
<ROW>
<ENT I="22"> </ENT>
<ENT>All Others</ENT>
<ENT>29.72</ENT>
</ROW>
<ROW>
<ENT I="01">Qatar</ENT>
<ENT>Qatar Melamine Company; Qatar Chemical and Petrochemical Marketing and Distribution Company (Muntajat) Q.P.J.S.C.; Qatar Fertiliser Company (P.S.C.); Industries Qatar Q.P.S.C.; QatarEnergy</ENT>
<ENT>41.91</ENT>
</ROW>
<ROW>
<ENT I="22"> </ENT>
<ENT>All Others</ENT>
<ENT>41.91</ENT>
</ROW>
<ROW>
<ENT I="01">Trinidad and Tobago</ENT>
<ENT>Methanol Holdings (Trinidad) Ltd</ENT>
<ENT>7.43</ENT>
</ROW>
<ROW>
<ENT I="22"> </ENT>
<ENT>All Others</ENT>
<ENT>7.43</ENT>
</ROW>
</GPOTABLE>
<HD SOURCE="HD1">Provisional Measures</HD>
Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four
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