Notice2022-26245
Strontium Chromate From Austria: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 231 (Friday, December 2, 2022)</title>
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[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Pages 74126-74128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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:
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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
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</html>Indexed from Federal Register on December 2, 2022.
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