Chromium Trioxide From India: Final Affirmative Countervailing Duty Determination

Issuing agencies

Abstract

The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of chromium trioxide from India during the period of investigation (POI), January 1, 2024, through December 31, 2024.

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 64349-64351]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20696]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-945]


Chromium Trioxide From India: Final Affirmative Countervailing 
Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of chromium trioxide from India during the period of investigation 
(POI), January 1, 2024, through December 31, 2024.

DATES: Applicable October 8, 2026.

FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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

    On May 14, 2026, Commerce published in the Federal Register the 
Preliminary Determination and invited comments from interested 
parties.\1\ For a complete description of the events that occurred 
since Commerce published the Preliminary Determination, as well as a 
full discussion of the issues raised by parties for this final 
determination, see the Issues and Decision Memorandum.\2\ 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), 
which is available to registered users at <a href="http://access.trade.gov">http://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/frnotices">https://access.trade.gov/frnotices</a>.
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    \1\ 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) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Countervailing Duty 
Investigation of Chromium Trioxide from India,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and 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

    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\ See Preliminary Determination, 91 FR at 27246.
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Verification

    Commerce conducted verification of the information relied upon in 
making its final determination in this investigation, in accordance 
with section 782(i) of the Tariff Act of 1930, as amended (the Act). 
Specifically, we conducted on-site verifications of the subsidy 
information reported by the Government of India (GOI) and Vishnu 
Chemicals Ltd. (VCL) in July 2026 using standard verification 
procedures, including an examination of relevant sales and accounting 
records, and original source documents provided by respondents.\4\
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    \4\ See Memorandum, ``Verification of the Questionnaire 
Responses of Vishnu Chemical Limited,'' dated August 21, 2026; see 
also Memorandum, ``Verification of the Questionnaire Responses of 
the Government of India,'' dated August 24, 2026.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs that were submitted by parties in this 
investigation, are discussed in the Issues and Decision Memorandum. For 
a list of the issues raised by parties, and to which we responded in 
the Issues and Decision Memorandum, see Appendix II to this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 the Act. For each of the subsidy programs found to be 
countervailable, Commerce 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.\5\ In making this 
final determination, Commerce relied, in part, on facts available and, 
because we found that one or more respondents did not act to the best 
of their ability to respond to Commerce's requests for information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\6\ For a full description of the methodology 
underlying our final determination, see the Issues and Decision 
Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
    \6\ See sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination

    Based on our analysis of the information received during 
verification and comments received from interested parties, for this 
final determination, we made certain changes to the countervailable 
subsidy rate calculations for VCL and for all other producers/
exporters. For a discussion of these changes, see the Issues and 
Decision Memorandum.

[[Page 64350]]

All-Others Rate

    Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will 
determine an all-others rate equal to the weighted average 
countervailable subsidy rates established for those exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates based entirely under 
section 776 of the Act.
    In this investigation, Commerce calculated an individual estimated 
countervailable subsidy rate for VCL, the only individually examined 
exporter/producer in this investigation. Because the only individual 
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.

Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist for the period January 1, 2024, through December 
31, 2024:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Vishnu Chemicals Limited \7\............................           29.35
All Others..............................................           29.35
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Disclosure
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    \7\ Commerce has found Vishnu Life Sciences Limited to be cross-
owned with VCL.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of its public announcement, or if there is no public announcement, 
within five days of the date of publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to collect cash deposits and suspend 
liquidation of entries of subject merchandise, as described in the 
scope of the investigation section, that were entered, or withdrawn 
from warehouse, for consumption on or after May 14, 2026, the date of 
publication of the Preliminary Determination in the Federal Register, 
for entries produced and/or exported by VCL and all other producers and 
exporters. In accordance with section 703(d) of the Act, we instructed 
CBP to discontinue the suspension of liquidation of all entries of 
subject merchandise entered or withdrawn from warehouse, on or after, 
September 11, 2026, but to continue the suspension of liquidation of 
all entries of subject merchandise that were subject to suspension of 
liquidation between May 14, 2026, and September 10, 2026.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for such entries of subject merchandise in the amounts indicated above, 
in accordance with section 706(a) of the Act. If the ITC determines 
that material injury, or threat of material injury, does not exist, 
this proceeding will be terminated, and all estimated duties deposited 
or securities posted as a result of the suspension of liquidation will 
be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of chromium 
trioxide from India. Because the final determination is affirmative, in 
accordance with section 705(b) 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 of chromium trioxide from India no later than 45 days after 
this final determination. In addition, we are making available to the 
ITC all non-privileged and nonproprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.
    If the ITC determines that material injury or threat of material 
injury does not exist, this proceeding will be terminated and all cash 
deposits will be refunded. If the ITC determines that such injury does 
exist, Commerce will issue a countervailing duty order directing CBP to 
assess, upon further instruction by Commerce, countervailing duties on 
all imports of the subject merchandise that are entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only 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 written notification of the return/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 determination is issued and published pursuant to sections 
705(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 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.

[[Page 64351]]

    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 Issues and Decision Memorandum

I. Summary
II. Background
III. Subsidies Valuation
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Analysis of Programs
VI. Discussion of the Issues
    Comment 1: Whether to Apply Total Adverse Facts Available (AFA) 
to VCL Due to Errors in VCL's Affiliation Reporting Discovered at 
Verification
    Comment 2: Whether to Find that VCL Received Assistance Under an 
Unreported Input for Less Than Adequate Remuneration (LTAR) Program
    Comment 3: Whether to Apply AFA to VCL with Respect to an 
Unreported Loan Program Discovered at Verification
    Comment 4: Whether to Apply AFA to the Benefits Received By VCL 
Under the Advance Authorization Scheme (AAS)
    Comment 5: Whether to Countervail the Coal for LTAR Program and 
Whether the Application of Facts Available (FA) is Warranted
    Comment 6: Whether to Revise Commerce's Benefit Methodology for 
the Coal for LTAR Program
    Comment 7: Whether the Remission of Duties and Taxes on Export 
Products (RoDTEP) Program Is Countervailable
    Comment 8: Whether the AAS Program Is Countervailable
    Comment 9: Whether to Change the Ocean Freight Benchmark
    Comment 10: Whether to Revise the Benchmark Used Under the Coal 
for LTAR Program
    Comment 11: Whether the Coal Cess Refund Is Countervailable
    Comment 12: Whether to Attribute Benefits Received by Vishnu 
Barium Private Limited (VBPL) to VCL Under the Coal for LTAR Program
    Comment 13: Whether to Correct the Coal for LTAR Rate Listed in 
the VCL Calculation Memorandum to Reflect the Rate Stated in the 
Post-Preliminary Calculations and Analysis
    Comment 14: Whether VCL Used Other Programs or Benefited from 
Non-Measurable Programs
VII. Recommendation

[FR Doc. 2026-20696 Filed 10-7-26; 8:45 am]
BILLING CODE 3510-DS-P


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