Notice2023-07422
Strontium Chromate From Austria: Final 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
April 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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, 2020, through October 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21174-21175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07422]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813]
Strontium Chromate From Austria: Final 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) 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, 2020, through October 31, 2021.
DATES: Applicable April 10, 2023.
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 2, 2022, Commerce published the preliminary results of
the 2020-2021 administrative review of the antidumping duty order on
strontium chromate from Austria.\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\ Commerce conducted this review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Strontium Chromate from Austria: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2021, 87 FR 74126
(December 2, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Antidumping Duty Administrative
Review: Strontium Chromate from Austria,'' dated concurrently with,
and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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\3\ See Strontium Chromate from Austria and France: Antidumping
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
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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 Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed in this 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results and our review of the record to address those
comments, we made changes to the weighted-average dumping margin
calculations for Habich, as detailed in the Issues and Decision
Memorandum.
Final Results of Review
We determine that the following weighted-average dumping margin for
Habich exists for the period November 1, 2020, through October 31,
2021:
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Weighted-
average dumping
Exporter/producer margin
(percent)
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Habich GmbH............................................ 0.00
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Disclosure
Commerce intends to disclose the calculations performed for these
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).
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.\4\ 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.
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\4\ 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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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 \5\ if there is no rate for
the intermediate company(ies) involved in the transaction.\6\
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\5\ See Order.
\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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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 LTFV
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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.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Order.
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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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (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: April 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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: Commerce's Decision Not to Conduct a Fictitious
Market Analysis
Comment 2: Applicable U.S. Sales and Cost Databases
Comment 3: Changes to the Margin Calculation Program
VI. Recommendation
[FR Doc. 2023-07422 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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