China and Trinidad and Tobago Melamine: New AD/CVD Investigations Deadlines & Scope

The AD duty period of investigation for China is April 1, 2014, through Sept. 30, 2014, and for Trinidad and Tobago is Oct. 1, 2013 through Sept. 30, 2014. The CV duty period of investigation for both countries is Jan 1, 2013, through Dec. 31, 2013.

AD/CVD Respondent Selection

For the China AD duty investigation, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Chinese exporters that don't get a quantity and value questionnaire can still submit one. Commerce posted the quantity and value questionnaire (here) for the AD duty investigation. Responses are due Dec. 17.

For the China CV duty investigation and the Trinidad and Tobago AD and CV duty investigations, Commerce will select respondents based on CBP entry data. Commerce said it knows of only one Trinidadian exporter -- Methanol Holdings (Trinidad) Ltd -- and intends only to investigate that company. Comments on respondent selection are due Dec. 15.

China AD Separate Rate Applications

For AD investigations involving non-market economy (NME) countries such as China, Commerce requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to prove independence from state control and receive consideration for separate rate status. Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation, instead of assigning them the typically high China-wide rate. Separate-rate status applications are due 60 days after publication of the AD initiation notice in the Federal Register (i.e., Feb. 9).

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 C3H6N6). Melamine is a crystalline powder or granule typically (but not exclusively) used to manufacture melamine formaldehyde resins. 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 Scope Due by Dec. 22

Commerce said it discussed the scope with petitioners to ensure it's an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope of the investigations are due by Dec. 22.

Investigations Timetable

*If the ITC makes a negative determination of injury, the investigations are terminated.

†These deadlines may be extended under the governing statute.

‡This will take place only in the event of Commerce Department final affirmative determinations.

+This will take place only in the event of Commerce and ITC final affirmative determinations.

(See 1411140020 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)

The AD duty initiation notice is (here).

The CV duty initiation notice is (here).

The Commerce Department fact sheet on the initiation of these investigations is (here).