[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65349-65350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25776]
[[Page 65349]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813 and A-427-830]
Strontium Chromate From Austria and France: Antidumping Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on strontium chromate from
Austria and France.
DATES: Applicable November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua Simonidis or Dennis McClure,
AD/CVD Operations, Office VIII, Enforcement and Compliance, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone (202) 482-0608 or (202) 482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 8,
2019, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of strontium chromate from
Austria and France.\1\ On November 21, 2019, the ITC notified Commerce
of its affirmative determinations, pursuant to section 735(d) of the
Act, that an industry in the United States is materially injured within
the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the
LTFV imports of strontium chromate from Austria and France.\2\
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\1\ See Strontium Chromate From Austria: Final Affirmative
Determination of Sales at Less Than Fair Value, 84 FR 53676 (October
8, 2019) (Austria Final Determination); see also Strontium Chromate
From France: Final Affirmative Determination of Sales at Less Than
Fair Value and Final Negative Determination of Critical
Circumstances, 84 FR 53678 (October 8, 2019) (France Final
Determination).
\2\ See Notification Letter from the ITC, dated November 21,
2019.
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Scope of the Orders
The merchandise covered by these orders is strontium chromate from
Austria and France. For a complete description of the scope of the
orders, see the Appendix to this notice.
Antidumping Duty Orders
As stated above, on November 21, 2019, in accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its
determination that the industry in the United States producing
strontium chromate is materially injured with respect to strontium
chromate from Austria and France.\3\ Therefore, in accordance with
section 735(c)(2) of the Act, we are issuing these antidumping duty
orders. Because the ITC determined that imports of strontium chromate
from Austria and France are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Austria and France,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of strontium chromate from Austria and France.
Antidumping duties will be assessed on unliquidated entries of
strontium chromate from France entered, or withdrawn from warehouse,
for consumption on or after May 17, 2019, the date of publication of
the preliminary determination,\4\ and on unliquidated entries of
strontium chromate from Austria entered or withdrawn from warehouse,
for consumption on or after June 18, 2019, the date of publication of
the amended preliminary determination,\5\ but will not include entries
occurring after the expiration of the provisional measures period and
before publication in the Federal Register of the ITC's injury
determinations.
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\4\ See Strontium Chromate From France: 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, 84 FR 22438
(May 17, 2019) (France Preliminary Determination).
\5\ See Strontium Chromate From Austria: Amended Preliminary
Determination of Sales at Less Than Fair Value, 84 FR 28272 (June
18, 2019) (Austria Amended Preliminary Determination). See also
Strontium Chromate from Austria: Preliminary Determination of Sales
at Not Less Than Fair Value and Postponement of Final Determination,
84 FR 22443 (May 17, 2019) (Austria Preliminary Determination).
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation, and resume suspension
of liquidation, on all relevant entries of strontium chromate from
Austria and France, respectively, which are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits for estimated
antidumping duties equal to the amounts as indicated below.
Accordingly, effective on the date of publication in the Federal
Register of the ITC's affirmative injury determinations, CBP will
require, at the same time as importers would normally deposit estimated
normal customs duties on this subject merchandise, a cash deposit equal
to the estimated weighted-average dumping margins listed below.\6\ The
relevant all-others rates apply to all producers or exporters not
specifically listed, as appropriate.
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\6\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of exports of strontium chromate from Austria and France, we extended
the four-month period to six months in each proceeding.\7\ In the
France investigation, Commerce published the preliminary determinations
on May 17, 2019.\8\ Therefore, the extended period, beginning on the
date of publication of the preliminary determination, ended on November
13, 2019.
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\7\ See France Preliminary Determination; see also Austria
Amended Preliminary Determination.
\8\ See France Preliminary Determination.
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In accordance with section 733(d) of the Act and our practice, we
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of strontium chromate from France entered, or withdrawn from warehouse,
for consumption after November 13, 2019, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's injury determinations in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's determination in the Federal Register, as
discussed above.
[[Page 65350]]
In the Austria investigation, Commerce published the amended
preliminary determination on June 18, 2019.\9\ Therefore, the extended
provisional measures period for Austria, beginning on the date of
publication of the amended preliminary determination, expires on
December 15, 2019. Accordingly, provisional measures for Austria will
likely continue until and through the day preceding the date of
publication of the ITC's injury determinations in the Federal Register.
Suspension of liquidation will continue on the date of publication of
the ITC's determination in the Federal Register, as discussed above.
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\9\ See Austria Amended Preliminary Determination.
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Estimated Weighted-Average Dumping Margins
The weighted-average dumping margins are as follows:
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Estimated
weighted-
Producer/exporter average
dumping margin
(percent)
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Austria........................... Habich GmbH......... 25.90
All Others.......... 25.90
France............................ Soci[eacute]t[eacute 32.16
] Nouvelle des
Couleurs Zinciques.
All Others.......... 32.16
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Notifications to Interested Parties
This notice constitutes the antidumping duty orders with respect to
strontium chromate from Austria and France pursuant to section 736(a)
of the Act. Interested parties can find a list of antidumping duty
orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: November 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders is strontium chromate,
regardless of form (including but not limited to, powder (sometimes
known as granular), dispersions (sometimes known as paste), or in
any solution). The chemical formula for strontium chromate is SrCrO4
and the Chemical Abstracts Service (CAS) registry number is 7789-06-
2.
Strontium chromate that has been blended with another product or
products is included in the scope if the resulting mix contains 15
percent or more of strontium chromate by total formula weight.
Products with which strontium chromate may be blended include, but
are not limited to, water and solvents such as Aromatic 100 Methyl
Amyl Ketone (MAK)/2-Heptanone, Acetone, Glycol Ether EB, Naphtha
Leicht, and Xylene. Subject merchandise includes strontium chromate
that has been processed in a third country into a product that
otherwise would be within the scope of these orders if processed in
the country of manufacture of the in-scope strontium chromate.
The merchandise subject to these orders is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 2841.50.9100. Subject merchandise may also enter under
HTSUS subheading 3212.90.0050. While the HTSUS subheadings and CAS
registry number are provided for convenience and customs purposes,
the written description of the scope is dispositive.
[FR Doc. 2019-25776 Filed 11-26-19; 8:45 am]
BILLING CODE 3510-DS-P