[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Pages 74126-74128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26245]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-813]


Strontium Chromate From Austria: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that strontium chromate from Austria produced and/or exported by Habich 
GmbH (Habich) was not sold in the United States at less than normal 
value (NV) during the period of review (POR) of November 1, 2020, 
through October 31, 2021.

DATES: Applicable December 2, 2022.

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 November 27, 2019, Commerce published the antidumping duty order 
on strontium chromate from Austria.\1\ On December 28, 2021, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order, covering one company, Habich.\2\
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    \1\ See Strontium Chromate from Austria and France: Antidumping 
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 73734 (December 28, 2021).
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    On July 19, 2022, we extended the deadline for the preliminary 
results of this review until November 30, 2022.\3\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
July 19, 2022.
    \4\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Strontium 
Chromate from Austria, 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is strontium chromate from 
Austria. The merchandise subject to review is currently classifiable 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. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1) and (2) of the Tariff Act of 1930, as amended 
(the Act). Constructed export price and export price were calculated in 
accordance with section 772 of the Act. Normal value was calculated in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an

[[Page 74127]]

appendix 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. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period November 1, 2020, through 
October 31, 2021:

------------------------------------------------------------------------
                                              Weighted- average dumping
         Producer and/or exporter                 margin (percent)
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Habich GmbH...............................  0.00 (de minimis).
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If Habich's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review and where Habich reported 
entered values, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the POR 
to each importer and the total entered value of those same sales, in 
accordance with 19 CFR 351.212(b)(1). Where Habich has not reported 
entered values for all sales to a particular importer, we will 
calculate a per-unit assessment rate for each importer by dividing the 
total amount of dumping calculated for the examined sales made to that 
importer by the total quantity associated with those transactions. To 
determine whether an importer-specific, per-unit assessment rate is de 
minimis, in accordance with 19 CFR 351.106(c)(2), we also will 
calculate an importer-specific ad valorem ratio based on estimated 
entered values. Where either Habich's weighted-average dumping margin 
is zero or de minimis or an importer-specific assessment rate is zero 
or de minimis, we intend to instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.'' \5\
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    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Habich 
for which it did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate those entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\6\
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    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to issue assessment instructions to CBP no earlier than 
35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated antidumping duties, where applicable.\7\
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    \7\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Habich will be 
equal to the weighted-average dumping margin established in the final 
results of this review, except if the rate is less than 0.50 percent 
and, therefore, de minimis, in which case the cash deposit rate will be 
zero; (2) for previously reviewed or investigated companies not covered 
in this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which the company was examined; (3) if the exporter is 
not a firm covered in this review or another completed segment of this 
proceeding, but the producer is, the cash deposit rate will be the 
company-specific rate established for the most recently-completed 
segment of this proceeding for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers and exporters will 
continue to be 25.90 percent, the all-others rate established in the 
less-than-fair-value investigation.\8\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \8\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 30 
days after the date of publication of this notice.\9\ Rebuttal briefs, 
the content of which is limited to issues raised in the case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\10\ Parties who submit case briefs or rebuttal briefs in this 
proceeding 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.\11\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS, within 30 days after the 
date of publication of this notice.\12\ Requests should contain: (1) 
the party's name, address and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, Commerce intends 
to hold a hearing at a time and date to be determined.\13\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    All submissions to Commerce must be filed using ACCESS \14\ and 
must be

[[Page 74128]]

served on interested parties.\15\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time on the date that the 
document is due. Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\16\
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    \14\ See 19 CFR 351.303.
    \15\ See 19 CFR 351.303(f).
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID 19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless this deadline is extended.\17\
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    \17\ See section 751(a)(3)(A) of the Act; and 19 CFR 
351.213(h)(1).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: November 25, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2022-26245 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-DS-P