Melamine From India: Final Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, In Part

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-533-924]</DEPDOC> <SUBJECT>Melamine From India: Final Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, In Part</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable February 12, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On September 24, 2024, Commerce published in the <E T="04">Federal Register</E> its preliminary affirmative determination in the LTFV investigation of melamine from India and invited interested parties to comment. See Melamine from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, in Part, </E> 89 FR 77832 (September 24, 2024) ( <E T="03">Preliminary Determination</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> A summary of the events that occurred since the <E T="03">Preliminary Determination,</E> 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. <SU>2</SU> <FTREF/> 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>2</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Final Affirmative Determination of Critical Circumstances, in Part</HD> 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. <SU>3</SU> <FTREF/> 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, <E T="03">see</E> the <E T="03">Preliminary Determination</E>   <SU>4</SU> <FTREF/> and the Issues and Decision Memorandum. <FTNT> <SU>3</SU>   <E T="03">See Preliminary Determination,</E> 89 FR at 77832; <E T="03">see also</E> PDM at 12-16. </FTNT> <FTNT> <SU>4</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">Scope of the Investigation</HD> The product covered by this investigation is melamine from India. For a complete description of the scope of this investigation, <E T="03">see</E> Appendix I to this notice. <HD SOURCE="HD1">Scope Comments</HD> We received no comments from interested parties on the scope of the investigation as it appeared in the <E T="03">Preliminary Determination.</E> <SU>5</SU> <FTREF/> Therefore, we made no changes to the scope of the investigation. <FTNT> <SU>5</SU>   <E T="03">See Preliminary Determination,</E> 89 FR at 77834. </FTNT> <HD SOURCE="HD1">Verification</HD> As stated in the <E T="03">Preliminary Determination,</E> the sole mandatory respondent, GSFC, failed to cooperate by not acting to the best of its ability to provide requested information. <SU>6</SU> <FTREF/> Accordingly, Commerce based the <E T="03">Preliminary Determination</E> entirely on the application of facts available with adverse inferences (AFA), and did not conduct verification under section 782(i) of the Act. <FTNT> <SU>6</SU>   <E T="03">Id.</E> at 77832; <E T="03">see also</E> PDM at 4-11. </FTNT> <HD SOURCE="HD1">Analysis of Comments Received</HD> 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. <HD SOURCE="HD1">Use of Adverse Facts Available</HD> As discussed in the <E T="03">Preliminary Determination,</E> we assigned GSFC an estimated weighted-average dumping margin based entirely on AFA, pursuant to sections 776(a) and (b) of Act. <SU>7</SU> <FTREF/> 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. <FTNT> <SU>7</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">All-Others Rate</HD> 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, <E T="03">de minimis,</E> or determined entirely under section 776 of the Act. In the <E T="03">Preliminary Determination,</E> 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. <SU>8</SU> <FTREF/> We have not made any changes to our <E T="03">Preliminary Determination;</E> thus, we continue to assign a dumping margin of 513.28 percent as the all-others rate for this final determination. <FTNT> <SU>8</SU>   <E T="03">See Preliminary Determination,</E> 89 FR at 77833. </FTNT> <HD SOURCE="HD1">Final Determination</HD> The final estimated weighted-average dumping margins are as follows: <GPOTABLE COLS="3" OPTS="L2,tp0,i1" CDEF="s100,15,15"> <TTITLE> </TTITLE> <CHED H="1">Exporter/producer</CHED> <CHED H="1"> Estimated weighted-average <ENT I="01">Gujarat State Fertilizers and Chemicals Limited</ENT> <ENT>* 632.74</ENT> <ENT>626.27</ENT> </ROW> <ROW> <ENT I="01">All Others</ENT> <ENT>513.28</ENT> <ENT>506.81</ENT> </ROW> <TNOTE>* Rate based on facts available with adverse inferences.</TNOTE> </GPOTABLE> <HD SOURCE="HD1">  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. <E T="03">See</E> unpublished <E T="04">Federal Register</E> notice, “Melamine from India: Final Affirmative Countervailing Duty Determination and Critical Circumstances Determination,” and accompanying Issues and Decision Memorandum, dated February 6, 2025. </FTNT> 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 <E T="04">Federal Register</E> , 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 <E T="03">Preliminary Determination</E> and the rate is based on the Petition, there are no new calculations to disclose. <HD SOURCE="HD1">Suspension of Liquidation</HD> In accordance with section 735(c)(4) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to 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 <E T="03">Preliminary Determination</E> in the <E T="04">Federal Register</E> . 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 <E T="03">Preliminary Determination</E> in the <E T="04">Federal Register</E> . 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 identifi ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 16k characters. 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