Melamine: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on melamine from Germany, India, Japan, Qatar, the Netherlands and Trinidad and Tobago, as well as its countervailing duty investigation on melamine from Germany, India, Qatar, and Trinidad and Tobago (C-428-853, C-533-925, C-518-002, C-274-811). The investigations cover entries for the calendar year 2023.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized melamine are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due April 1, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in May for CVD and July for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.
AD/CVD Respondent Selection
For its AD/CVD investigations on Germany, India, Qatar and Trinidad and Tobago, Commerce has identified the only producers or exporters as LAT Nitrogen Piesteritz GmbH for Germany; Gujarat State Fertilizer and Chemicals Limited for India; Qatar Melamine Company and Muntajat Qatar Chemical and Petrochemical Marketing and Distribution Company in Qatar; and Methanol Holdings (Trinidad) Limited in Trinidad and Tobago. Likewise, for its AD investigations on Japan and the Netherlands, Commerce has identified as the only producers or exporters Mitsui Chemicals, Inc., and OCI Nitrogen B.V., respectively. The agency intends to select these companies as the respondents to its investigations, but is accepting comments by March 14.
Scope of the AD/CVD Investigations
"The merchandise subject to these investigations 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-s-triazine; 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 these investigations 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 these investigations. Melamine that is otherwise subject to these investigations is not excluded when commingled with melamine from sources not subject to these investigations. Only the subject component of such commingled products is covered by the scope of these investigations.
"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.”
Comments on the scope of these investigations are due by 5 p.m. EST March 25.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 02/14/24 | 02/14/24 |
| DOC initiation date | 03/05/24 | 03/05/24 |
| ITC prelim determinations | 04/01/24 | 04/01/24 |
| DOC prelim determinations | 07/23/24 | 05/09/24 |
| DOC final determinations | 10/07/24 | 07/23/24 |
| ITC final determinations | 11/21/24 | 09/06/24 |
| Issuance of orders | 11/29/24 | 09/13/24 |
These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2402140052 for a summary of the petition requesting these investigations.