[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60375-60377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24392]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-866]


Sodium Sulfate Anhydrous From Canada: 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 sodium sulfate anhydrous (sodium sulfate) from Canada is being, or 
is likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is January 1, 2018 through 
December 31, 2018. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable November 8, 2019.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0698.

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 on April 24, 
2019.\1\ On August 15, 2019, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
October 24, 2019.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ 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 
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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    \1\ See Sodium Sulfate Anhydrous from Canada: Initiation of 
Less-Than-Fair-Value Investigation, 84 FR 17138 (April 24, 2019) 
(Initiation Notice).
    \2\ See Sodium Sulfate Anhydrous from Canada: Postponement of 
Preliminary Determination in the Less-Than-Fair-Value Investigation, 
84 FR 43580 (August 21, 2019).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Sodium 
Sulfate Anhydrous from Canada'' 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 sodium sulfate from 
Canada. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is preliminarily not modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 84 FR at 17139.
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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 Affirmative 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 Saskatchewan Mining and Minerals Inc. (SMM), or for all other 
producers and exporters. 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 SMM, the only individually examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for SMM is the margin assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act.

[[Page 60376]]

Preliminary Determination

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

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted- average
                  Exporter/producer                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
Saskatchewan Mining and Minerals Inc.................               9.85
All Others...........................................               9.85
------------------------------------------------------------------------

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 SMM 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 SMM, then the cash deposit rate 
will be equal to the company-specific estimated weighted-average 
dumping margin established for SMM; and (3) the cash deposit rate for 
all other producers or 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 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.\6\ 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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    \6\ 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 October 1, 2019, and October 2, 2019, pursuant to 19 CFR 
351.210(e), SMM and the petitioners requested that Commerce postpone 
the final determination and that provisional measures be extended to a 
period not to exceed six months.\7\ 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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    \7\ See SMM's Letter, ``Antidumping Duty Investigation of Sodium 
Sulfate Anhydrous from Canada: Request for Postponement of Final 
Determination and Provisional Measures Period,'' dated October 1, 
2019; see also Petitioners' Letter, ``Sodium Sulfate Anhydrous from 
Canada: Petitioner's Consent to Postponement of the Final 
Determination,'' dated October 2, 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.\8\
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    \8\ 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: October 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The scope of this investigation covers sodium sulfate 
(Na2SO4) (Chemical Abstracts Service (CAS) 
Number 7757-82-6) that is anhydrous (i.e., containing no water), 
regardless of purity, grade, color, production method, and form of 
packaging, in which the percentage of particles between 20 mesh and 
100 mesh, based on U.S. mesh series screens, ranges from 10-95% and 
the percentage of particles finer than 100 mesh, based on U.S. mesh 
series screens, ranges from 5-90%.
    Excluded from the scope of this investigation are specialty 
sodium sulfate anhydrous products, which are products whose particle 
distributions fall outside the described ranges. Glauber's salt 
(Na2SO4[middot]10H2O), also known 
as sodium sulfate decahydrate, an intermediate product

[[Page 60377]]

in the production of sodium sulfate anhydrous that has no known 
commercial uses, is not included within the scope of the 
investigation, although some end-users may mistakenly refer to 
sodium sulfate anhydrous as Glauber's salt. Other forms of sodium 
sulfate that are hydrous (i.e., containing water) are also excluded 
from the scope of the investigation.
    The merchandise subject to this investigation is classifiable 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheading 2833.11.5010. Subject merchandise may also be classified 
under 2833.11.1000, 2833.11.5050, and 2833.19.0000. Although the 
HTSUS subheadings and CAS registry number are provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Postponement of Final Determination and Extension of Provisional 
Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Preliminary Negative Determination of Critical Circumstances, In 
Part
X. Currency Conversion
XI. Verification
XII. Conclusion

[FR Doc. 2019-24392 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P