[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53676-53678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21808]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813]
Strontium Chromate From Austria: Final Affirmative Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
strontium chromate from Austria is being, or is likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is July 1, 2017 through June 30, 2018. The final
estimated weighted-average dumping margins are listed below in the
``Final Determination'' section of this notice.
DATES: Applicable October 8, 2019.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, 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) 482-3640 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2019, Commerce published in the Federal Register the
Preliminary Determination, in which we also postponed the final
determination until September 30, 2019.\1\ On June 18, 2019, Commerce
published in the Federal Register the Amended Preliminary
Determination.\2\ We invited interested parties to comment on the
preliminary determination, as amended. A summary of the events that
occurred since Commerce published the Amended Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Issues and
Decision Memorandum.\3\
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\1\ See Strontium Chromate from Austria: Preliminary
Determination of Sales at Not Less Than Fair Value and Postponement
of Final Determination, 84 FR 22443, 22443-22445 (May 17, 2019).
\2\ See Strontium Chromate from Austria: Amended Preliminary
Determination of Sales at Less Than Fair Value, 84 FR 28272, 28272-
28273 (June 18, 2019) (Amended Preliminary Determination).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Strontium Chromate from Austria,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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[[Page 53677]]
Scope of the Investigation
The product covered by this investigation is strontium chromate
from Austria. For a full description of the scope of this
investigation, see Appendix I of this notice.
Scope Comments
During the course of this investigation of strontium chromate from
Austria, Commerce did not receive scope comments from interested
parties. Therefore, for this final determination, the scope of this
investigation remains unchanged from that published in the Preliminary
Determination.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum accompanying this notice. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice as
Appendix II. The Issues and 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 it is available to all parties in the Central
Records Unit, room B-8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/index.html. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), during May and July 2019, we conducted verification of the
cost and sales information submitted by Habich GmbH (Habich), the sole
mandatory respondent, for use in our final determination. We used
standard verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by Habich.\4\
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\4\ For a discussion of our verification findings, see the
following memoranda: ``Verification of the Cost Response of Habich
GmbH in the Antidumping Duty Investigation of Strontium Chromate
from Austria,'' dated July 31, 2019; and ``Verification of the Sales
Response of Habich GmbH in the Antidumping Investigation of
Strontium Chromate from Austria,'' dated August 14, 2019.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Habich. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that 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 Habich, 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 Habich is the margin assigned to all
other producers and exporters, pursuant to section 735(c)(5)(A) of the
Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Habich GmbH................................................. 25.90
All Others.................................................. 25.90
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Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of strontium chromate
from Austria, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after June
18, 2019, the date of publication in the Federal Register of the
affirmative Amended Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final 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 respondent-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.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation of strontium chromate from Austria no later than
45 days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded or canceled. If the ITC determines
that such injury does exist, Commerce will issue an antidumping duty
order directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of
[[Page 53678]]
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: September 30, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2019-21808 Filed 10-7-19; 8:45 am]
BILLING CODE 3510-DS-P