India Melamine: Commerce Issues AD Duty Final Determination
The Commerce Department has released its final determination in the antidumping duty investigation on melamine from India (A-533-924). Cash deposit rates set in this final determination took effect Feb. 12.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The next step is for the International Trade Commission to make its final injury determination, currently scheduled for April 1, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue an AD order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
Commerce also issued its final determination in the concurrent countervailing duty investigation on melamine from India, with CVD rates set at 276.06% for all Indian exporters (see 2502180066). Collection of CV duties is on hold pending the ITC's final injury determination.
The agency is also set to issue AD/CVD orders on melamine from Trinidad and Tobago, Germany, Qatar, Japan and the Netherlands, after the ITC found injury from imports from those countries in final injury determinations (see 2502180066).
Critical Circumstances for All Chinese Companies, Cash Deposits Retroactive 90 Days
Commerce continued to find that one Indian company under investigation -- Gujarat State Fertilizers and Chemicals -- increased its exports to the U.S. in the run-up to the preliminary determination, in an attempt to get in as much product as possible before the imposition of AD. This "critical circumstances" finding by the agency means Commerce will continue to retroactively suspend liquidation for AD purposes back to 90 days before the preliminary determination, i.e., on or about June 26, 2024.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation for AD purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows:
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Gujarat State Fertilizers and Chemicals Limited | 632.74% | 626.27% | 06/26/24 |
| All others | 513.28% | 506.81% | 09/24/24 |
*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CVD collection resumes upon publication of the ITC's final injury determination.
(The period of investigation is 01/01/23 - 12/31/23. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2409230033 for Commerce's preliminary determination in this investigation.)