Notice2026-09690
Chromium Trioxide From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
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 14, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of chromium trioxide from India. The period of investigation is January 1, 2024, through December 31, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Notices]
[Pages 27244-27246]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09690]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-945]
Chromium Trioxide From India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of chromium trioxide from India. The period of
investigation is January 1, 2024, through December 31, 2024. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable May 14, 2026.
FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5075.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on January 5, 2026.\1\ On February 13, 2026, Commerce
postponed the preliminary determination of this investigation and the
revised deadline is now May 8, 2026.\2\
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\1\ See Chromium Trioxide From India: Initiation of
Countervailing Duty Investigation, 91 FR 240 (January 5, 2026)
(Initiation Notice).
\2\ See Chromium Trioxide From India: Postponement of
Preliminary Determination in the Countervailing Duty Investigation,
91 FR 6821 (February 13, 2026).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II 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/frnotices">https://access.trade.gov/frnotices</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Chromium Trioxide from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is chromium trioxide from
India. For a complete description of the scope of this investigation,
see Appendix I.
[[Page 27245]]
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Accordingly, Commerce has made no changes to the
scope of this investigation from that which appeared in the Initiation
Notice, see Appendix I.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final determination in this CVD investigation with the
final determination in the companion antidumping duty (AD)
investigation of chromium trioxide from India based on a request made
by American Chrome & Chemical, Inc. (the petitioner).\7\ Consequently,
the final CVD determination will be issued on the same date as the
final AD determination, which is currently scheduled to be issued no
later than August 3, 2026, unless postponed.
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\7\ See Petitioner's Letter, ``Request to Align Countervailing
Duty Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated March 23, 2026.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or based entirely under section 776 of
the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Vishnu Chemicals Limited (VCL), the only individually examined
exporter/producer in this investigation. Because the only individually
calculated rate is not zero, de minimis, or based entirely on facts
otherwise available, the estimated weighted-average rate calculated for
VCL is the rate assigned to all other producers and exporters, pursuant
to section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Vishnu Chemicals Limited \8\............................ 2.44
All Others.............................................. 2.44
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Suspension of Liquidation
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce has found Vishnu Life Sciences Limited to be cross-owned
with VCL.
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In accordance with section 703(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register. Further, pursuant to section 703(d)(1)(B) of the Act
and 19 CFR 351.107(e), Commerce will instruct CBP to require a cash
deposit equal to the estimated company-specific countervailable subsidy
rate or the estimated all-others rate, as follows: (1) the cash deposit
rate for the respondents listed above will be equal to the company-
specific estimated individual countervailable subsidy rates determined
in this preliminary determination; (2) if both the producer and
exporter of the subject merchandise have company-specific estimated
subsidy rates determined in this preliminary determination, and their
rates differ, then the applicable cash deposit rate will be the higher
of these two rates; (3) if either the producer or the exporter, but not
both, of the subject merchandise have a company-specific estimated
subsidy rate determined in this preliminary determination, the
applicable cash deposit rate will be that company's company-specific
rate; and (4) the cash deposit rate for all other producers and
exporters will be equal to the estimated all-others subsidy rate.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. A timeline for the submission of case briefs and
written comments will be notified 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.\9\ 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.\10\
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\9\ 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).
\10\ See 19 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\11\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We
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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 determination in this investigation. 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days after the date of publication
of this notice. Requests should contain (1) the party's name, address,
and telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of the issues to be
discussed. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, Commerce will notify
the ITC of its determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of chromium trioxide from India are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: May 8, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is chromium
trioxide (Chemical Abstracts Services (CAS) registry number 1333-82-
0), regardless of form (dry or solution). Chromium trioxide is an
inorganic compound with the molecular formula CrO<INF>3</INF> in dry
form and H<INF>2</INF> CrO<INF>4</INF> in solution form. All
relevant formulas refer to same product with one unit of Chromium
(as Cr+6) and three units of Oxygen, such as Cr<INF>4</INF>
O<INF>12</INF>; and Cr<INF>0.25</INF> O<INF>0.75</INF>.
The product in dry form is generally referred to as chromium
trioxide, which is the acidic anhydride of chromic acid. Chromium
trioxide in solution form may be referred to as chromic acid.
However, the dry form may also be marketed under the name chromic
acid.
A non-exhaustive list of other names used for the subject
merchandise includes: chromic anhydride, chromic trioxide, chromium
(VI) oxide, monochromium trioxide, chromia, chromium (VI) trioxide,
trioxochromium, and chromtrioxid. A non-exhaustive list of trade
names for the subject merchandise includes: 11910080KROMSAV-ANHIDRID
IP, Aktivkohle, impr[auml]gniert, Typ PLWK, Chromsaure, and
Chroomzuur.
All chromium trioxide is covered by the scope of this
investigation irrespective of purity, particle size, or physical
form. Chromium trioxide is generally imported in dry form, including
in the form of pellets, flakes, powders, or beads, but the scope
includes chromium trioxide in solution form.
Chromium trioxide that has been blended with another product or
products other than water is included in the scope if the resulting
mix contains 90 percent or more of chromium trioxide by total
formula weight, such as chromium trioxide mixed with a catalyst to
make the product ready for use in metal finishing applications. If
chromium trioxide is imported blended with another product, only the
chromium trioxide content of the blend is included within the scope.
Subject merchandise also includes chromium trioxide that has
been processed in a third country into a product that otherwise
would be within the scope of this investigation, i.e., if any such
further processing would not otherwise remove the merchandise from
the scope of the investigation it is included in the scope of the
investigation, including blending, flaking, mixing with water, or
packaging. For example, the dry form of the subject merchandise may
be imported into a third country and then processed into solution
before shipment to the United States. Such a solution would be
subject to the scope.
The subject merchandise is provided for in subheading
2819.10.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). In addition to 1333- 82-0, import documentation may also
reflect CAS registry numbers 12324-05-9, 12324-08-2, and 1362947-20-
3. Although the HTSUS subheading and CAS registry numbers are
provided for convenience and customs purposes, the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Subsidies Valuation
VI. Loan Interest Rate Benchmarks
VII. Diversification of India's Economy
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2026-09690 Filed 5-13-26; 8:45 am]
BILLING CODE 3510-DS-P
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