Melamine: Commerce Issues Final CVD Determinations for Germany, Qatar and Trinidad
The Commerce Department issued its final determinations in its countervailing duty investigations on melamine from Germany (C-428-853), Qatar (C-518-002) and Trinidad and Tobago (C-274-811). Suspension of liquidation is currently not in effect for entries on or after Nov. 19, 2024, and Commerce will require cash deposits of estimated CV duties on future entries only if it issues a CV duty order.
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Before Commerce issues a CVD order, the International Trade Commission must find injury to U.S. industry in its final injury determinations, currently due Jan. 16, Commerce said in a fact sheet. In the event of an ITC final determination of no injury for any given country, that country's investigation will be terminated with no duties imposed, and all cash deposits collected as a result of the investigation will be refunded.
Commerce also issued final determinations in its concurrent AD investigations on melamine from Germany and Trinidad and Tobago, setting AD rates ranging from 179.24% to 218.73% for German exporters and 98.32% to 146.85% for Trinidadian exporters (see 2412060027), as well as final affirmative AD duty determinations on Japan and the Netherlands. Commerce found no dumping in its negative final AD determination on Qatar, so no AD order will be imposed on melamine from that company. Commerce recently delayed its final determinations in its concurrent AD/CVD investigations on melamine from India until Feb. 6.
CV Susp/Cash Deposit Through Nov. 18; Nov. 19 for Germany
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Qatari and Trinidadian companies entered July 22, 2024, through Nov. 18, 2024, and for German companies entered July 22, 2024, through Nov. 19, 2024.
CVD Liq Reinstated and No CVD Cash Deposit as of Nov. 19; Nov. 20 for Germany
Commerce previously instructed CBP to discontinue the suspension of liquidation for CVD purposes and the collection of CVD cash deposits for subject merchandise from Qatar and Trinidad and Tobago on or after Nov. 19, and from Germany on or after Nov. 20, 2024, the expiration dates of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CVD order in place.
Suspension of liquidation currently remains in effect for AD duty purposes for Germany and Trinidad and Tobago, but not for Qatar due Commerce's continued finding of no dumping by Qatari exporters.
CV Liq to Be Suspended Again and CVD Cash Deposit Required if Order Issued
Commerce will issue a CV duty order, reinstate the CVD suspension of liquidation for all German, Qatari and Trinidadian exporters, and require a cash deposit of estimated CVD for entries of subject merchandise at the revised CVD rates listed below if the ITC issues a final affirmative injury determination.
Germany
| Company | CVD Rate |
|---|---|
| LAT Nitrogen Piesteritz GmbH | 29.72% |
| All Others | 29.72% |
Qatar
| Company | CVD Rate |
|---|---|
| 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 | 41.91% |
| All Others | 41.91% |
Trinidad and Tobago
| Company | CVD Rate |
|---|---|
| Methanol Holdings (Trinidad) Ltd. | 7.43% |
| All Others | 7.43% |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the “gap period” of Nov. 19 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope of the order (unchanged), detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 2407190003 for a summary of the preliminary determination of this investigation.)