[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17534-17536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06547]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-866]


Sodium Sulfate Anhydrous From Canada: Final Determination of 
Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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. The final estimated weighted-average dumping margins of sales at 
LTFV are shown in the ``Final Determination'' section of this notice.

DATES: Applicable March 30, 2020.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Erin Kearney, 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) 482-6312 or (202) 
482-0167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This final determination is made in accordance with section 735 of 
the Tariff Act of 1930, as amended (the Act). On November 8, 2019, 
Commerce published the preliminary affirmative determination of sales 
at LTFV in the investigation of sodium sulfate from Canada, and also 
extended the final determination to March 23, 2020.\1\ We invited 
interested parties to comment on the Preliminary Determination. On 
January 17, 2020, we received case briefs from the sole respondent, 
Saskatchewan Mining and Minerals Inc. (SMM),\2\ and Cooper Natural 
Resources, Inc., Elementis Global LLC, and Searles Valley Minerals 
(collectively, the petitioners).\3\ On January 22, 2020, we received 
rebuttal briefs from SMM,\4\ the Government of Canada,\5\ and the 
petitioners.\6\ On February 28, we held a public hearing concerning the 
issues raised in case and rebuttal briefs.\7\
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    \1\ See 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, 84 FR 60375 (November 8, 2019) (Preliminary Determination) 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See SMM's Letter, ``Antidumping Duty Investigation of Sodium 
Sulfate Anhydrous from Canada: Case Brief for SMMI,'' dated January 
17, 2020.
    \3\ See Petitioners' Letter, ``Sodium Sulfate Anhydrous from 
Canada: Petitioners' Case Brief,'' dated January 17, 2020.
    \4\ See SMM's Letter, ``Antidumping Duty Investigation of Sodium 
Sulfate Anhydrous from Canada: Rebuttal Brief for SMMI,'' dated 
January 22, 2020.
    \5\ See Government of Canada's Letter, ``Rebuttal Brief of the 
Government of Canada,'' dated January 22, 2020.
    \6\ See Petitioners' Letter, ``Sodium Sulfate Anhydrous from 
Canada: Petitioners' Rebuttal Brief,'' dated January 22, 2020.
    \7\ See Hearing Transcript from Neal R. Gross and Co., Inc., 
dated March 6, 2020.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision 
Memorandum.\8\ A list of the issues raised 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 Department of 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.
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Sodium Sulfate Anhydrous from Canada and Final 
Negative Determination of Critical Circumstances,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is sodium sulfate from 
Canada. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in Appendix I of this notice.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in October and December 2019, we verified the cost and sales 
information submitted by SMM for use in our final determination. We 
used standard verification procedures, including examination of 
relevant accounting and production records, and original source 
documents provided by SMM.\9\
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    \9\ See Memorandum, ``Verification of the Cost Response of 
Saskatchewan Mining and Minerals Inc. in the Antidumping Duty 
Investigation of Sodium Sulfate Anhydrous from Canada,'' dated 
December 10, 2019; see also Memorandum, ``Verification of the Sales 
Response of Saskatchewan Mining and Minerals Inc. in the Antidumping 
Investigation of Sodium Sulfate from Canada,'' dated January 9, 
2020.
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Analysis of Comments Received and Changes Since the Preliminary 
Determination

    As noted above, we received case and rebuttal briefs pertaining to 
the Preliminary Determination. For the purposes of the final 
determination, Commerce has made certain changes to the Preliminary 
Determination:
    We incorporated into the final margin calculation the minor 
corrections presented by SMM at the outset of

[[Page 17535]]

verification, including SMM's inland freight variances. We modified the 
build-up of home-market and U.S. movement expenses (USMOVE) includes 
all freight expenses. In doing so, we also ensured that SMM's freight 
revenue reported in both markets is capped appropriately by the 
expenses associated with that same type of activity. In the final 
margin calculation program, we accounted for all reported U.S. billing 
adjustments and included repacking expenses in the build-up of home-
market packing expenses. Finally, we incorporated the revised cost 
figures into the program for the final determination.

Final 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 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 Issues and Decision Memorandum.

All-Others Rate

    As discussed in the Preliminary Determination, 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.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                       Weighted- average
                Exporter/Manufacturer                   dumping  margins
                                                           (percent)
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Saskatchewan Mining and Minerals Inc.................               8.89
All Others...........................................               8.89
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with 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) and (C) of the Act, 
Commerce will instruct U.S. Customs and Border Protection (CBP) to 
continue the suspension of liquidation of all appropriate entries of 
sodium sulfate from Canada, as described in Appendix I of this notice, 
which were entered, or withdrawn from warehouse, for consumption on or 
after November 8, 2019, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register. Because 
Commerce preliminarily did not determine the existence of critical 
circumstances, no retroactive liquidation by CBP prior to November 8, 
2019, is necessary.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct 
CBP to require a cash deposit for such entries of merchandise equal to 
the estimated weighted-average dumping margin in the table above as 
follows: (1) The cash deposit rate for the respondent 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, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, 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 of 
sodium sulfate from Canada no later than 75 days after our final 
determination. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated and 
cash deposits will be refunded. If the ITC determines that such injury 
exists, 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 in the ``Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: March 23, 2020.
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 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.

[[Page 17536]]

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Changes from the Preliminary Determination
    Comment 1: Impairment Losses
    Comment 2: Packing Expenses
    Comment 3: Freight Variance
    Comment 4: Programming Errors
IV. Discussion of the Issues
V. Negative Determination of Critical Circumstances
VI. Recommendation

[FR Doc. 2020-06547 Filed 3-27-20; 8:45 am]
 BILLING CODE 3510-DS-P