Notice2024-11084
Strontium Chromate From Austria: Final Results of Antidumping Duty Administrative Review; 2021-2022
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
May 21, 2024
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, 2021, through October 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 99 (Tuesday, May 21, 2024)</title>
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[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Notices]
[Pages 44631-44633]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11084]
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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\
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\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).
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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\
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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. 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 <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 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\
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\4\ See Issues and Decision Memorandum at Comments 1 through 3.
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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:
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Weighted-
average dumping
Exporter/producer margin
(percent)
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Habich GmbH............................................ 0.00
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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.
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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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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\
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\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).
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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 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.
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\8\ 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.
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.
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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
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