Chromium Trioxide From the Republic of Türkiye: 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 the Republic of T[uuml]rkiye (T[uuml]rkiye) 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 64351-64353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20697]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-856]


Chromium Trioxide From the Republic of T[uuml]rkiye: 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 the Republic of T[uuml]rkiye (T[uuml]rkiye) 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: Monica Gillis, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6384.

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 T[uuml]rkiye, and invited interested parties to 
comment on the Preliminary Determination.\1\ We received comments only 
from American Chrome & Chemicals, Inc. (the petitioner), who submitted 
a letter in support of the Preliminary Determination.\2\ Accordingly, 
the final determination remains unchanged from, and hereby adopts, the 
Preliminary Determination, and no decision memorandum accompanies this 
notice.
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    \1\ See Chromium Trioxide from the Republic of T[uuml]rkiye: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 91 FR 30280 (May 22, 2026) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioner's Letter, ``Letter in Lieu of Case Brief,'' 
dated June 5, 2026.
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    On June 16, 2026, Commerce postponed the final determination to no 
later than 135 days after the date of publication of the Preliminary 
Determination and extended the provisional measures from a four-month 
period to a period of not more than six months.\3\ Accordingly, the 
deadline for this final determination is now October 5, 2026.
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    \3\ See Chromium Trioxide from the Republic of T[uuml]rkiye: 
Postponement of Final Determination of Sales at Less-Than-Fair-Value 
Investigation and Extension of Provisional Measures, 91 FR 36119 
(June 16, 2026).
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Scope of the Investigation

    The product covered by this investigation is chromium trioxide from 
T[uuml]rkiye. 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. 
Therefore, we made no changes to the scope of the investigation.

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

    Consistent with the Preliminary Determination, Commerce continues 
to find, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, 
as amended (the Act), that the use of facts otherwise available with 
adverse inferences (AFA), is warranted in determining the estimated 
weighted-average dumping margin for T[uuml]rkiye [Scedil]i[scedil]e ve 
Cam Fabrikalar[inodot] A.[Scedil]. (Sisecam). For this final 
determination, there is no new information or arguments on the record 
that would warrant reconsideration from the Preliminary Determination. 
Accordingly, for this final determination, we continue to find that the 
application of AFA, pursuant to sections 776(a) and (b) of the Act, is 
warranted with respect to Sisecam in this investigation. For a full 
description of the methodology underlying Commerce's final 
determination, see the Preliminary Determination.

[[Page 64352]]

All-Others Rate

    Section 735(c)(5)(A) of the Act and Commerce's regulations at 19 
CFR 351.109(f)(1) provide that Commerce shall determine an estimated 
all-others rate for all other 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 examined, 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 adverse facts available, Commerce's practice is to 
calculate the all-others rate as a simple 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 and 19 CFR 
351.109(f)(2)(iii); see also 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).
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    In the Preliminary Determination, we assigned an estimated 
weighted-average dumping margin of 40.88 percent to all other producers 
and exporters, the sole dumping margin alleged in the petition, 
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. Therefore, we continue to assign an 
estimated weighted-average dumping margin of 40.88 percent to all other 
producers and exporters for this final determination.
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    \7\ See Preliminary Determination, 91 FR 30280.
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Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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T[uuml]rkiye [Scedil]i[scedil]e ve Cam Fabrikalar[inodot]        * 40.88
 A.[Scedil].................................................
All Others..................................................       40.88
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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 subject merchandise, as described in the 
appendix to this notice, 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)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, 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 producers and exporters will be equal 
to the all-others estimated weighted-average dumping margin. These 
suspension of liquidation instructions will remain in effect until 
further notice.

U.S. International Trade Commission (ITC) 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 section 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 T[uuml]rkiye no later than 45 days after this 
final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated, all cash deposits 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 instructions by Commerce, 
antidumping 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 (APO)

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

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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. 2026-20697 Filed 10-7-26; 8:45 am]
BILLING CODE 3510-DS-P


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