Notice2026-10248
Chromium Trioxide From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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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 22, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that chromium trioxide from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2024, through June 30, 2025. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 91 Issue 99 (Friday, May 22, 2026)</title>
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Notices]
[Pages 30276-30278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10248]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-944]
Chromium Trioxide From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that chromium trioxide from India is being, or is likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is July 1, 2024, through June 30, 2025.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 22, 2026.
FOR FURTHER INFORMATION CONTACT: Katerina Katsiadas or Henry Wolfe, 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) 482-4929 or (202)
482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 5,
2026.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included 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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\1\ See Chromium Trioxide from India and the Republic of
T[uuml]rkiye: Initiation of Less-Than-Fair-Value Investigations, 91
FR 234 (January 5, 2026) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value 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.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice, 91 FR at 234.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences for Vishnu Chemicals Limited (Vishnu Chemicals), the
sole mandatory respondent in this investigation, because it failed to
submit the necessary information to calculate an antidumping margin in
this investigation. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminary assigned a rate based
entirely on adverse facts available (AFA) under section 776 of the Act
to the mandatory respondent. Consequently, pursuant to section
735(c)(5)(B) of the Act, Commerce's normal practice under these
circumstances has been to calculate the all-others rate as a simple
average of the alleged dumping margin(s) from the petition.\5\ However,
in the Petition, the petitioner alleged a single dumping margin;
therefore, consistent with our practice, we preliminarily assigned the
dumping margin alleged in the Petition, which is 14.44 percent, as the
all-others rate.\6\ For a full description of the methodology
underlying Commerce's analysis, see the Preliminary Decision
Memorandum.
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\5\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
\6\ See Initiation Notice; see also Checklist, ``Antidumping
Duty Investigation Initiation Checklist,'' dated December 29, 2025
(Initiation Checklist).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 30277]]
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Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset
(percent) (percent)) \7\
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Vishnu Chemicals.................. * 14.44 12.00
All Others........................ 14.44 12.00
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* Rate based on facts available with adverse inferences.
Suspension of Liquidation
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\7\ See Chromium Trioxide from India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination, 91 FR 27244
(May 14, 2026), and accompanying Preliminary Decision Memorandum
(CVD Preliminary Determination).
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In accordance with section 733(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 Appendix I, 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 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension-of-liquidation instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to Vishnu Chemicals, in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the petition, there are no
calculations to disclose.
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
Because the individually-examined respondent in this investigation
did not act to the best of its ability to provide information requested
by Commerce, and Commerce preliminarily determines the examined
respondent is uncooperative, we will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 14
days after the date of publication of the preliminary determination.
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.\8\ Interested parties who submit case or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\9\
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\8\ 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).
\9\ See 19 CFR 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.\10\ 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 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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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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, U.S. Department of Commerce, 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 date and time to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
[[Page 30278]]
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On April 29, 2026, pursuant to 19 CFR 351.210(e), Vishnu Chemicals
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\12\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\12\ See Vishnu Chemical's Letter, ``Request for Postponement of
Final Determination and Extension of Provisional Anti-Dumping
Measures,'' dated April 29, 2026.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Tade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 18, 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. Period of Investigation
IV. Application Of Facts Available With Adverse Inferences
V. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VI. Recommendation
[FR Doc. 2026-10248 Filed 5-21-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 22, 2026.
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