Notice2023-26720
Strontium Chromate From Austria: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
December 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that strontium chromate from Austria was not sold by Habich GmbH (Habich) in the United States at less than normal value (NV) during the period of review (POR) of November 1, 2021, through October 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84777-84779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26720]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813]
Strontium Chromate From Austria: Preliminary 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) preliminarily
determines that strontium chromate from Austria was not sold by Habich
GmbH (Habich) in the United States at less than normal value (NV)
during the period of review (POR) of November 1, 2021, through October
31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 6, 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 November 27, 2019, Commerce published the antidumping duty order
on strontium chromate from Austria.\1\ On January 3, 2023, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published the
initiation of an administrative review of the Order, covering one
producer/exporter, 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, 88 FR 50 (January 3, 2023).
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on July 24, 2023, Commerce determined that it was
not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review until November 30, 2023.\3\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
July 24, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available 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>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Strontium
Chromate from Austria, 2021-2022,'' 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,
regardless of form (including but not limited to, powder (sometimes
known as granular), dispersions (sometimes known as paste), or in any
solution). The merchandise subject to the Order 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. While the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope is dispositive. 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) of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margin exists for the period November 1, 2021, through October 31,
2022:
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Weighted- average dumping
Exporter/producer margin (percent)
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Habich GmbH............................... 0.00 (de minimis)
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Verification
On April 13, 2023, WPC Technologies (the petitioner) timely
requested that Commerce conduct verification of Habich's questionnaire
responses.\5\ Moreover, no verification was conducted during the two
immediately preceding reviews of Habich. Therefore, Commerce intends to
verify the information that Commerce relies upon for the final results
of this review with respect to Habich, as provided in section 782(i)(3)
of the Act.
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\5\ See Petitioner's Letter, ``Request to Verify Habich's
Questionnaire Responses,'' dated April 13, 2023.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties with an
administrative protective order within five days of the date of
publication of the preliminary results in accordance with 19 CFR
351.224(b). Case briefs or other written comments may be submitted to
Commerce. A timeline for the submission of case briefs and written
comments will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than five days after the date for filing case
briefs.\6\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\7\
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\6\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\7\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
[[Page 84778]]
interested parties to provide an executive summary of their brief that
should be limited to five pages total, including footnotes. In this
administrative review, we instead request that interested parties
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\8\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\9\ Case and rebuttal briefs should be filed using
ACCESS.\10\
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\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See APO and Service Final Rule.
\10\ See 19 CFR 351.303(f).
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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, U.S. Department of Commerce,
filed electronically via ACCESS. Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. If a request for a hearing is made,
Commerce intends to hold a hearing at a time and date to be
determined.\11\ Parties should confirm the date, time, and location of
the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(d).
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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.\12\
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\12\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review. 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
because Habich reported entered values for all of its sales, we intend
to calculate importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent). If
Habich's overall weighted-average dumping margin is zero or de minimis
or where an importer-specific ad valorem assessment rate is zero or de
minimis, in the final results of review, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\13\
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\13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (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 intend to instruct CBP to liquidate those entries at
the all-others rate established in the original less-than-fair-value
(LTFV) investigation \14\ if there is no rate for the intermediate
company(ies) involved in the transaction.\15\
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\14\ See Order, 69 FR at 4111.
\15\ 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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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Habich will be that established in the final
results of this administrative review, except if the rate is less than
0.50 percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated companies not participating in this review,
the cash deposit rate will continue to be the company-specific cash
deposit rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the underlying
investigation, but the producer is, then the cash deposit rate will be
the 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 or exporters will continue to be
25.90 percent, the all-others rate established in the LTFV
investigation.\16\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\16\ See Order, 69 FR at 4111.
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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 doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
[[Page 84779]]
Dated: November 29, 2023.
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. 2023-26720 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 6, 2023.
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