[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60375-60377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24392]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-866]
Sodium Sulfate Anhydrous From Canada: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sodium sulfate anhydrous (sodium sulfate) from Canada is being, or
is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2018 through
December 31, 2018. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0698.
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 April 24,
2019.\1\ On August 15, 2019, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
October 24, 2019.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ 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 https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\1\ See Sodium Sulfate Anhydrous from Canada: Initiation of
Less-Than-Fair-Value Investigation, 84 FR 17138 (April 24, 2019)
(Initiation Notice).
\2\ See Sodium Sulfate Anhydrous from Canada: Postponement of
Preliminary Determination in the Less-Than-Fair-Value Investigation,
84 FR 43580 (August 21, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Sodium
Sulfate Anhydrous from Canada'' 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 sodium sulfate from
Canada. For a complete description of the scope of this investigation,
see Appendix I.
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. Commerce is preliminarily not modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 84 FR at 17139.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for Saskatchewan Mining and Minerals Inc. (SMM), or for all other
producers and exporters. For a full description of the methodology and
results of Commerce's critical circumstances analysis, 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.
Commerce calculated an individual estimated weighted-average
dumping margin for SMM, the only individually examined exporter/
producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for SMM is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
[[Page 60376]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted- average
Exporter/producer dumping margin
(percent)
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Saskatchewan Mining and Minerals Inc................. 9.85
All Others........................................... 9.85
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Suspension of Liquidation
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 SMM 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 SMM, then the cash deposit rate
will be equal to the company-specific estimated weighted-average
dumping margin established for SMM; and (3) the cash deposit rate for
all other producers or 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.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this 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 this
notice in accordance with 19 CFR 351.224(b).
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. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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.
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. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
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 October 1, 2019, and October 2, 2019, pursuant to 19 CFR
351.210(e), SMM and the petitioners requested that Commerce postpone
the final determination and that provisional measures be extended to a
period not to exceed six months.\7\ 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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\7\ See SMM's Letter, ``Antidumping Duty Investigation of Sodium
Sulfate Anhydrous from Canada: Request for Postponement of Final
Determination and Provisional Measures Period,'' dated October 1,
2019; see also Petitioners' Letter, ``Sodium Sulfate Anhydrous from
Canada: Petitioner's Consent to Postponement of the Final
Determination,'' dated October 2, 2019.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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 these imports are materially injuring, or threaten material
injury to, the U.S. industry.\8\
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\8\ See section 735(b)(2) of the Act.
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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: October 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation covers sodium sulfate
(Na2SO4) (Chemical Abstracts Service (CAS)
Number 7757-82-6) that is anhydrous (i.e., containing no water),
regardless of purity, grade, color, production method, and form of
packaging, in which the percentage of particles between 20 mesh and
100 mesh, based on U.S. mesh series screens, ranges from 10-95% and
the percentage of particles finer than 100 mesh, based on U.S. mesh
series screens, ranges from 5-90%.
Excluded from the scope of this investigation are specialty
sodium sulfate anhydrous products, which are products whose particle
distributions fall outside the described ranges. Glauber's salt
(Na2SO4[middot]10H2O), also known
as sodium sulfate decahydrate, an intermediate product
[[Page 60377]]
in the production of sodium sulfate anhydrous that has no known
commercial uses, is not included within the scope of the
investigation, although some end-users may mistakenly refer to
sodium sulfate anhydrous as Glauber's salt. Other forms of sodium
sulfate that are hydrous (i.e., containing water) are also excluded
from the scope of the investigation.
The merchandise subject to this investigation is classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 2833.11.5010. Subject merchandise may also be classified
under 2833.11.1000, 2833.11.5050, and 2833.19.0000. Although the
HTSUS subheadings and CAS registry number are provided for
convenience and customs purposes, the written description of the
scope of the investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Postponement of Final Determination and Extension of Provisional
Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Preliminary Negative Determination of Critical Circumstances, In
Part
X. Currency Conversion
XI. Verification
XII. Conclusion
[FR Doc. 2019-24392 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P