Chromium Trioxide From India: Final Affirmative Determination of Sales at Less Than Fair Value

Issuing agencies

Abstract

The U.S. Department of Commerce (Commerce) 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.

Full Text

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<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Notices]
[Pages 64335-64337]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20695]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-944]


Chromium Trioxide From India: Final Affirmative Determination of 
Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) 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.

DATES: Applicable October 8, 2026.

FOR FURTHER INFORMATION CONTACT: Katerina Katsiadas, 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.

SUPPLEMENTARY INFORMATION:

Background

    On May 22, 2026, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
chromium trioxide from India, and invited interested parties to comment 
on the Preliminary Determination.\1\ No interested parties submitted 
comments on the Preliminary Determination. Accordingly, the final 
determination remains unchanged from, and hereby adopts, the 
Preliminary Determination, and no decision memorandum accompanies this 
notice. The deadline for this final determination is October 5, 
2026.\2\
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    \1\ See Chromium Trioxide from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 91 FR 
30276 (May 22, 2026) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Preliminary Determination, 91 FR 30278.
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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 the appendix to this notice.

Scope Comments

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination.\3\ 
Therefore, we made no changes to the scope of the investigation.
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    \3\ Id.
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Verification

    Because the mandatory respondent in this investigation, did not 
provide information requested by Commerce, Commerce did not conduct a 
verification in this investigation.

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned to 
mandatory respondent Vishnu Chemicals Limited (Vishnu Chemicals) an 
estimated weighted-average dumping margin on the basis of adverse facts 
available (AFA), pursuant to sections 776(a) and (b) of the Tariff Act 
of 1930, as amended (the Act). There is no new information, or new 
arguments, on the record that warrant reconsideration of the 
Preliminary Determination. Thus, we made no changes to our analysis or 
to the estimated weighted-average dumping margins for the final 
determination. For a full description of the methodology underlying 
Commerce's final determination, see the Preliminary Determination.

All-Others Rate

    Section 735(c)(5)(A) of the Act, and Commerce's regulations at 19 
CFR 351.109(f)(1), provide that the estimated weighted-average dumping 
margin for all other producers and exporters not individually 
investigated shall be equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding rates that are zero, de 
minimis, or determined entirely under section 776 of the Act.\4\ When 
there is no individually-calculated estimated weighted-average dumping 
margin that is not zero, de minimis, or based entirely on facts 
available, section 735(c)(5)(B) of the Act directs Commerce to ``use 
any reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated.'' \5\ In an LTFV 
investigation, when the estimated-weighted-average dumping margins for 
all individually investigated companies are determined entirely on the 
basis of AFA, Commerce's practice is to calculate the all-others rate 
as an average of the dumping margins alleged in the petition.\6\
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    \4\ See section 735(c)(5)(A) of the Act.
    \5\ See section 735(c)(5)(B) of the Act; see also 19 CFR 
351.109(f)(2)(iii); and Albemarle Corp. v. United States, 821 F.3d 
1345, 1352 (Fed. Cir. 2016) (``. . . when all individually examined 
respondents are assigned de minimis margins, Commerce is expected to 
calculate the separate rate by taking the average of those margins. 
Commerce may use `other reasonable methods,' but only if Commerce 
reasonably concludes that the expected method is `not feasible' or 
`would not be reasonably reflective of potential dumping margins.' 
(internal citations omitted)'').
    \6\ See, e.g., Certain Preserved Mushrooms from Spain: Final 
Determination of Sales at Less Than Fair Value, 88 FR 18120 (March 
27, 2023) (``In cases where no weighted-average dumping margins 
other than zero, de minimis, or those determined entirely under 
section 776 of the Act have been established for individually 
examined entities {. . .{time}  Commerce typically calculates a 
simple average of the margins alleged in the petition and applies 
the result to all other entities not individually examined.'').

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[[Page 64336]]

    In the Preliminary Determination, we assigned an estimated 
weighted-average dumping margin of 14.44 percent (i.e., the sole 
dumping margin alleged in the petition) to all other exporters and 
producers, pursuant to section 735(c)(5)(B) of the Act.\7\ As noted 
above, we received no comments in opposition to the all-others rate 
established in our Preliminary Determination, which is derived from the 
only reliable information available from which to establish an all-
others rate in the absence of an individually-calculated dumping margin 
that is not zero, de minimis, or based entirely on facts available. 
Therefore, we continue to assign an estimated weighted-average dumping 
margin of 14.44 percent to all other exporters and producers for this 
final determination.
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    \7\ See Preliminary Determination, 91 FR at 30277.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                       Cash deposit rate
                                 Estimated weighted-     adjusted for
       Exporter/producer           average dumping     export subsidies
                                   margin (percent)        (percent)
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Vishnu Chemicals...............              14.44*               11.82
All Others.....................               14.44               11.82
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* This rate is based on facts available with adverse inferences.

Disclosure

    Normally, Commerce will disclose to interested parties the 
calculations performed in connection with a final 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 final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because we made no changes from the Preliminary 
Determination, there are no calculations to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of entries of subject merchandise, as described in 
the appendix to this notice, which were entered, or withdrawn from 
warehouse, for consumption on or after May 22, 2026, the date of 
publication of the Preliminary Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.210(d), 
upon the publication of this notice, 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 final 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 exporters and producers will be 
equal to the all-others estimated weighted-average dumping margin. 
These suspension of liquidation instructions will remain in effect 
until further notice.
    To determine the cash deposit rates in LTFV investigations, 
Commerce normally adjusts the estimated weighted-average dumping 
margins by the amount of export subsidies countervailed in the 
companion countervailing duty (CVD) investigation. Accordingly, where 
Commerce has made a final affirmative determination of countervailable 
export subsides, Commerce offsets the estimated weighted-average 
dumping margins in the LTFV investigation by the appropriate export 
subsidy rate from the companion CVD investigation.\8\ Commerce has 
continued to adjust the cash deposit rate for export subsidies found in 
the companion CVD investigation by the appropriate export subsidy rate; 
\9\ however, the suspension of liquidation of provisional measures in 
the companion CVD case has been discontinued. Therefore, we are not 
instructing CBP to collect cash deposits based on the adjusted 
estimated weighted-average dumping margin for export subsidies at this 
time. If the U.S. International Trade Commission (ITC) makes a final 
affirmative determination of injury due to both dumping and subsidies, 
then the cash deposit rate will be revised effective on the date of 
publication of the ITC's final affirmative determination in the Federal 
Register to be the company-specific estimated weighted-average dumping 
margin adjusted for export subsidies.
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    \8\ Id., 91 FR at 30277.
    \9\ 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).
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U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the ITC of our final affirmative determination of sales at LTFV. 
Because Commerce's final determination is affirmative, in accordance 
with sections 735(b)(2) of the Act, the ITC will make its final 
determination as to whether the domestic industry in the United States 
is materially injured, or threatened with material injury, by reason of 
imports, or sales (or the likelihood of sales) for importation, of 
chromium trioxide from India no later than 45 days after this final 
determination. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated, 
all cash deposits posted will be refunded or canceled, and suspension 
of liquidation will be lifted. If the ITC determines that such injury 
does exist, Commerce will issue an antidumping duty order directing CBP 
to assess, upon further instruction by Commerce, antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed in the ``Continuation of 
Suspension of Liquidation'' section above.

Administrative Protective Order (APO)

    This notice will serve as the final reminder to parties subject to 
an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO, in accordance with 19 CFR 
351.305(a)(3). Timely

[[Page 64337]]

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 terms of an APO is a violation which is 
subject to sanction.

Notification to Interested Parties

    This final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: October 5, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

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.

[FR Doc. 2026-20695 Filed 10-7-26; 8:45 am]
BILLING CODE 3510-DS-P


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