[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22438-22440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10282]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-830]


Strontium Chromate From France: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that strontium chromate from France is being, or is likely to be, sold 
in the United States at less than fair value (LTFV) for the period of 
investigation (POI) July 1, 2017, through June 30, 2018. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable May 17, 2019.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Joshua Simonidis, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 
or (202) 482-0608, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation

[[Page 22439]]

on October 2, 2018.\1\ Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\2\ On March 11, 2019, Commerce postponed the preliminary 
determination of this investigation until May 13, 2019.\3\
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    \1\ See Strontium Chromate From Austria and France: Initiation 
of Less-Than-Fair-Value Investigations, 83 FR 49543 (October 2, 
2018) (Initiation Notice).
    \2\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations for Enforcement and Compliance, ``Deadlines Affected by 
the Partial Shutdown of the Federal Government,'' dated January 28, 
2019. All deadlines in this segment of the proceeding have been 
extended by 40 days.
    \3\ See Strontium Chromate from Austria and France: Postponement 
of Preliminary Determinations of Antidumping Duty Investigations, 84 
FR 8669 (March 11, 2019).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Strontium 
Chromate from France,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is strontium chromate 
from France. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is therefore not modifying the scope 
language as it appeared in the Initiation Notice. See the Scope of the 
Investigation in Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances do not exist 
for all imports of strontium chromate from France. For a full 
description of the methodology and results of Commerce's critical 
circumstances analysis, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Soci[eacute]t[eacute] Nouvelle des Couleurs 
Zinciques (SNCZ), the only individually examined exporter/producer in 
this investigation. Because the only individually calculated dumping 
margin is not zero, de minimis, or determined entirely under section 
776 of the Act, the estimated weighted-average dumping margin 
calculated for SNCZ is the margin assigned to all other producers and 
exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Soci[eacute]t[eacute] Nouvelle des Couleurs Zinciques.......       30.32
All Others..................................................       30.32
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all others rate, as follows: 
(1) The cash deposit rate for the respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant

[[Page 22440]]

Secretary for Enforcement and Compliance no later than seven days after 
the date on which the last verification report is issued in this 
investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On April 17, 2019, pursuant to 19 CFR 351.210(e), SNCZ requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\8\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \8\ See SNCZ's letter, ``Strontium Chromate from France: Request 
to Postpone the Due Date for the Final Determination,'' dated April 
17, 2019.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.\9\
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    \9\ See section 735(b)(2) of the Act.
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Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is strontium 
chromate, regardless of form (including but not limited to, powder 
(sometimes known as granular), dispersions (sometimes known as 
paste), or in any solution). The chemical formula for strontium 
chromate is SrCrO4 and the Chemical Abstracts Service (CAS) registry 
number is 7789-06-2.
    Strontium chromate that has been blended with another product or 
products is included in the scope if the resulting mix contains 15 
percent or more of strontium chromate by total formula weight. 
Products with which strontium chromate may be blended include, but 
are not limited to, water and solvents such as Aromatic 100 Methyl 
Amyl Ketone (MAK)/2-Heptanone, Acetone, Glycol Ether EB, Naphtha 
Leicht, and Xylene. Subject merchandise includes strontium chromate 
that has been processed in a third country into a product that 
otherwise would be within the scope of this investigation if 
processed in the country of manufacture of the in-scope strontium 
chromate.
    The merchandise subject to this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 2841.50.9100. Subject merchandise may also 
enter under HTSUS subheading 3212.90.0050. While the HTSUS 
subheadings and CAS registry number are provided for convenience and 
customs purposes, the written description of the scope is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Constructed Export Price
X. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison-Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison-Market Prices
XI. Currency Conversion
XII. Critical Circumstances
    A. Legal Framework
    B. Critical Circumstances Allegation
    C. Analysis
XIII. Conclusion

[FR Doc. 2019-10282 Filed 5-16-19; 8:45 am]
 BILLING CODE 3510-DS-P