Indian melamine subsidies trigger U.S. countervailing duties.
Published Date: 2/12/2025
Notice
Summary
The U.S. Department of Commerce found that Indian melamine producers, especially Gujarat State Fertilizers, got unfair government help last year. Starting February 12, 2025, extra taxes (countervailing duties) will be added to melamine imports from India to keep things fair for U.S. businesses. This move helps protect American companies from cheap, subsidized imports and could affect prices and trade.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
Massive 276.06% Duty on Melamine
Commerce found countervailable subsidies for melamine from India and determined an estimated countervailable subsidy rate of 276.06 percent ad valorem for Gujarat State Fertilizers and "All Others" for the period January 1, 2023 through December 31, 2023. Commerce will notify the U.S. International Trade Commission (ITC); if the ITC issues a final affirmative injury determination, Commerce will issue a countervailing duty order and require cash deposits at the rates shown (276.06%).
Retroactive Suspension and Cash-Deposit Window
Following the Preliminary Determination, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation for subject melamine entries entered or withdrawn from warehouse for consumption on or after April 23, 2024. Commerce later instructed CBP to discontinue suspension for entries on or after November 19, 2024, but to continue suspension of liquidation for all entries entered on or before November 18, 2024.
All-Others Assigned Gujarat's AFA-Based Rate
Commerce determined Gujarat State Fertilizers' estimated countervailable subsidy rate entirely under section 776 (facts available) and, because Gujarat was the sole producer/exporter individually examined, Commerce assigned Gujarat's rate of 276.06 percent to all other producers and exporters of melamine from India.
Scope Covers All Forms of Melamine
The investigation covers melamine (CAS 108-78-01) in all forms—irrespective of purity, particle size, or physical form—including melamine blended with other products when not chemically reacted, and is provided for in HTSUS subheading 2933.61.0000. The written description of the scope is dispositive for customs purposes.
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