India Melamine: Details of AD/CV Duty Orders
The Commerce Department recently issued antidumping and countervailing duty orders on melamine from India (A-533-924/C-533-925). The orders set permanent antidumping and countervailing duties, which will remain in place unless revoked by Commerce in a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CVD on importers and make changes to cash deposit rates.
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The order details a “gap period” of no CVD liability for subject merchandise entered Nov. 19, 2024, through April 20, 2025, the day prior to the publication date of ITC's final injury determination in the Federal Register, and of no AD liability for subject merchandise entered March 23 through April 20. Commerce may suspend liquidation for a four-month period only after its preliminary CVD determination, issued July 22, 2024, and for six months after its preliminary AD determination, issued Sept. 24, 2024, without an International Trade Commission final affirmative injury determination in place. Commerce will order CBP to liquidate, without regard to AD or CVD, any entries during these respective gap periods.
Subject merchandise entered during the CVD gap period but outside the AD gap period (i.e., Nov. 19 through April 20) will only be assessed AD.
In its final injury determination, the International Trade Commission made a negative "critical circumstances" determination on imports of melamine from India. As a result, Commerce will instruct CBP to lift suspension of liquidation and to refund any AD cash deposits collected on entries from India prior to Sept. 24, 2024, and any CVD cash deposits collected on entries from India prior to July 22, 2024.
AD/CV Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise entered on or after April 21, the date that the final ITC affirmative injury determination was published.
AD Cash Deposit Instructions
An AD cash deposit requirement is also in effect for subject merchandise equal to the rates listed below:
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| Gujarat State Fertilizers and Chemicals Limited | 632.74% | 626.27% |
| All Others | 513.28% | 506.81% |
*As adjusted for export subsidies found in the CVD investigation. This rate now serves as the AD cash deposit rate.
CV Cash Deposit Instructions
Commerce will require importers to pay CVD cash deposits for all entries at the following rates:
| Company | CVD Rate |
|---|---|
| Gujarat State Fertilizers and Chemicals Limited | 276.06% |
| All Others | 276.06% |
(See the notice for additional details, including the full scope description, etc. See 2502180063 for a summary of the final antidumping duty determination, and 2502180066 for a summary of the final countervailing duty determination.)