Melamine: Commerce Issues AD Duty Final Determinations for 5 Countries
The Commerce Department issued its final determinations in the antidumping duty investigations on mattresses from Germany (A-428-852), Japan (A-588-882), the Netherlands (A-421-817) and Trinidad and Tobago (A-274-810). Cash deposit rates set in these final determinations take effect Dec. 9.
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Commerce also issued its negative final determination in its concurrent antidumping duty investigation on melamine from Qatar (A-518-001), finding no dumping by exporters from the country. Commerce also found no dumping in its preliminary determination, so liquidation was never suspended under the AD investigation on melamine from Qatar, and AD cash deposits weren't collected. The agency won't issue an AD order on melamine from Qatar. It may still issue a countervailing duty order on melamine from Qatar after issuing a final affirmative CVD determination for the country.
The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for Jan. 16, according to an ITC fact sheet. If the ITC finds injury, Commerce will issue AD orders and duties will be made permanent. If the ITC finds no injury, the investigations will be terminated and all cash deposits will be refunded.
Commerce also issued affirmative final determinations in its concurrent CVD investigations on melamine from Germany, Qatar and Trinidad and Tobago, setting CVD rates at 29.72% for all German exporters, 41.91% for all Qatari exporters and 7.54% for all Trinidadian exporters (see 2412060023). Commerce recently delayed its final determinations in its concurrent AD/CVD investigations on melamine from India until Feb. 6.
​Critical Circumstances for Some Companies; Cash Deposits Retroactive 90 Days
Commerce continued to find that some exporters from Japan and Trinidad and Tobago increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively suspend liquidation and require AD cash deposits for subject merchandise from these companies to 90 days before this preliminary determination, i.e., June 26, 2024.
The critical circumstances findings apply to the Japanese company Mitsui Chemicals; and the Trinidadian company Methanol Holdings (Trinidad) Limited.
Otherwise, AD suspension of liquidation and cash deposit requirements remain in effect since Sept. 24 for companies in Japan and Trinidad and Tobago not covered by the critical circumstances findings, as well as all companies in Germany and the Netherlands.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation for AD duty purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows, beginning Dec. 9:
Germany
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| LAT Nitrogen Piesteritz GmbH | 218.73% | 09/24/24 |
| All others | 179.24% | 09/24/24 |
Japan
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Mitsui Chemicals, Inc. | 127.69% | 06/26/24 |
| All Others | 115.11% | 09/24/24 |
The Netherlands
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| OCI Nitrogen B.V. | 72.16% | 09/24/24 |
| All others | 53.5% | 09/24/24 |
Trinidad and Tobago
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Methanol Holdings (Trinidad) Limited | 146.85% | 06/26/24 |
| All others | 98.32% | 09/24/24 |
(The period of investigation is 01/01/23 through 12/31/23. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, detailed cash deposit instructions, etc. See 2403080053 for a summary of the preliminary determinations of these investigation.)