Melamine: Prelim AD Cash Deposit Rates Take Effect for 5 Countries, Not Qatar
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of melamine from Germany (A-428-852), India (A-533-924), Japan (A-588-882), the Netherlands (A-421-817) and Trinidad and Tobago (A-274-810) are being sold in the U.S. at less than fair value. The agency will generally impose AD cash deposit requirements on entries of subject merchandise beginning on Sept. 24, 2024, though cash deposit requirements take effect retroactively for all some Indian, Japanese and Trinidadian companies, beginning on June 26, 2024.
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The agency also found that melamine from Qatar (A-518-001) is not being undersold in the U.S., in a negative antidumping duty determination, and will not impose AD duty cash deposit requirements for imports from Qatar at this time. However, melamine from Qatar is subject to suspension of liquidation and countervailing duty cash deposit requirements set in Commerce's preliminary CVD determination in July (see 2407190003).
Commerce is also conducting CVD investigations on melamine from Germany, India and Trinidad and Tobago, in addition to Qatar. Suspension of liquidation and CVD cash deposit requirements also took effect in July for those countries, with duties on Indian companies retroactive to April.
​Critical Circumstances for Some Companies; Cash Deposits Retroactive 90 Days
Commerce made a finding that some exporters from India, 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 Indian company Gujarat State Fertilizers and Chemicals; the Japanese company Mitsui Chemicals; and the Trinidadian company Methanol Holdings (Trinidad) Limited.
Otherwise, AD suspension of liquidation and cash deposit requirements take effect Sept. 24 for companies in India, Japan and Trinidad and Tobago not covered by the critical circumstances findings, as well as all companies in Germany and the Netherlands.
AD Suspension of Liquidation and Cash Deposit Requirements
Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after the dates listed in the tables below (suspension of liquidation is already in effect for CVD purposes for Germany, India and Trinidad and Tobago), and require cash deposits at the following rates:
Germany
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| LAT Nitrogen Piesteritz GmbH | 218.73% | 09/24/24 |
| All others | 179.24% | 09/24/24 |
India
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Gujarat State Fertilizers and Chemicals Limited | 632.74% | 630.69% | 06/26/24 |
| All others | 513.28% | 511.23% | 09/24/24 |
*As adjusted for export subsidies found in Commerce's preliminary CV duty determination. This rate is the cash deposit rate while CV duty suspension of liquidation remains in effect. If CV duty suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate).
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 - 12/31/23. See Commerce's notices for more information, including the scope (unchanged), suspension of liquidation, etc. See 2403080053 for summary of the initiation of this AD duty investigation.)