[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Notices]
[Pages 44631-44633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11084]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-813]


Strontium Chromate From Austria: Final Results of Antidumping 
Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Habich GmbH (Habich) did not make sales of subject merchandise in the 
United States at prices below normal value during the period of review 
(POR) November 1, 2021, through October 31, 2022.

DATES: Applicable May 21, 2024.

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 December 6, 2022, Commerce published the Preliminary Results.\1\ 
The administrative review covers Habich, the only company for which a 
review was requested. For the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Strontium Chromate from Austria: Preliminary Results of 
Antidumping Administrative Review; 2020-2021, 88 FR 84777 (December 
6, 2023) (Preliminary Results).
    \2\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review: Strontium Chromate 
from Austria; 2021-2022,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order \3\
---------------------------------------------------------------------------

    \3\ See Strontium Chromate from Austria and France: Antidumping 
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is strontium chromate from 
Austria. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed in this

[[Page 44632]]

administrative review in the Issues and Decision Memorandum. A list of 
the issues addressed in the Issues and Decision Memorandum is in the 
appendix to this notice. 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. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our evaluation of the comments received from interested 
parties regarding our Preliminary Results and our review of the record 
to address those comments, we made no changes to the weighted-average 
dumping margin calculation for Habich, as detailed in the Issues and 
Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum at Comments 1 through 3.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following estimated weighted-average dumping 
margin for Habich exists for the period November 1, 2021 through 
October 31, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
------------------------------------------------------------------------
Habich GmbH............................................            0.00
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses the calculations performed for the 
final results within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because we made no changes to the preliminary calculations, 
there are no new calculations to disclose for the final results.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). Commerce intends 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).
    Where the respondent's weighted-average dumping margin is either 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\5\ Accordingly, because the final weighted-average 
dumping margin for Habich in this review is zero percent, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
Habich where 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 established in the original less-than-fair-value (LTFV) 
investigation of 25.90 percent ad valorem,\6\ if there is no rate for 
the intermediate company(ies) involved in the transaction.\7\
---------------------------------------------------------------------------

    \6\ See Order.
    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following 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 administrative review (i.e., 0.00 percent); (2) for 
merchandise exported by a producer or exporter not covered in this 
review but covered in a prior segment of the proceeding, 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 
producer or exporter participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, the cash deposit rate 
will be the rate established for the most recently completed segment of 
the 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 ad valorem, the all-others rate established in the LTFV 
investigation.\8\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Order.
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    This notice serves as a final 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 the 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: May 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

[[Page 44633]]

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Fully Investigated Habich's 
Relationship With Its U.S. Customer and Should Revise Its Close 
Supplier Analysis
    Comment 2: Whether Commerce Properly Analyzed If Habich's Sales 
to Mexico Are Within the Ordinary Course of Trade
    Comment 3: Whether Commerce Should Revise Habich's Reported 
Costs
VI. Recommendation

[FR Doc. 2024-11084 Filed 5-20-24; 8:45 am]
BILLING CODE 3510-DS-P