Strontium Chromate From Austria and France: Initiation of Less-Than-Fair-Value Investigations, 49543-49547 [2018-21406]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in Section 766.23 of the EAR, any other person, firm, corporation, or business organization or entity related to Eastline Technologies OU, Adimir OU, Valery Kosmachov, or Sergey Vetrov by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. In accordance with the provisions of Section 766.24(e) of the EAR, Eastline Technologies OU, Adimir OU, Valery Kosmachov, and Sergey Vetrov may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Real Components Ltd. may, at any time, appeal its inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. Eastline Technologies OU, Adimir OU, Valery Kosmachov, and Sergey Vetrov may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be sent to Eastline Technologies OU, Adimir OU, Valery Kosmachov, Sergey Vetrov, and Real Components Ltd., and shall be published in the Federal Register. This Order is effective upon issuance and shall remain in effect for 180 days. Douglas Hassebrock, Director, Office of Export Enforcement, performing the non-exclusive functions and duties of the Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2018–21446 Filed 10–1–18; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–433–813 and A–427–830] Strontium Chromate From Austria and France: Initiation of Less-Than-FairValue Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable September 25, 2018. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Brian Smith at (202) 482–5973 or (202) 482–1766, respectively; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On September 5, 2018, the U.S. Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of strontium chromate from Austria and France, filed in proper form on behalf of the Lumimove Inc., d.b.a. WPC Technologies (the petitioner).1 From September 7 to 19, 2018, we requested from the petitioner 1 See the petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Strontium Chromate from Austria and France,’’ dated September 5, 2018 (the Petitions). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 49543 information pertaining to the scope and allegations contained in the petition.2 The petitioner supplemented the record in response to these requests.3 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of strontium chromate from Austria and France are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing strontium chromate in the United States. Consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to the petitioner supporting its allegation. We find that the petitioner filed the Petitions on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. We also find that the petitioner demonstrated sufficient industry support with respect to the 2 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Strontium Chromate from Austria and France: Supplemental Questions,’’ dated September 7, 2018; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Strontium Chromate from France: Supplemental Questions,’’ dated September 7, 2018; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Strontium Chromate from Austria: Supplemental Questions,’’ dated September 7, 2018; ‘‘Phone Call with Counsel to Petitioner,’’ dated September 14, 2018; ‘‘Phone Call with Counsel to Petitioner,’’ dated September 17, 2018; and Memorandum, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Strontium Chromate from Austria and France; Phone Call with Counsel to the Petitioner,’’ dated September 19, 2018 (September 19, 2018 Memorandum). 3 See the petitioner’s Letters, titled, ‘‘Petitioner’s Response to the Department of Commerce’s September 7, 2018 General Issues Questionnaire Regarding the Petitions for the Imposition of Antidumping Duties on Strontium Chromate from France and Austria,’’ dated September 13, 2018 (General Issues Supplement); ‘‘Petitioner’s Response to the Department of Commerce’s September 7, 2018 Volume II Supplemental Questionnaire Regarding the Petitions for the Imposition of Antidumping Duties on Strontium Chromate from Austria’’, dated September 13, 2018 (Austria AD Supplement); ‘‘Petitioner’s Response to the Department of Commerce’s September 7, 2018 Volume II Supplemental Questionnaire Regarding the Petitions for the Imposition of Antidumping Duties on Strontium Chromate from France,’’ dated September 13, 2018 (France AD Supplement); ‘‘Petitioner’s Response to Questions from the Department of Commerce’s September 14, 2018 Phone Call Regarding the Petitions for the Imposition of Antidumping Duties on Strontium Chromate from France and Austria,’’ dated September 17, 2018 (Second Supplement); and ‘‘Petitioner’s Response to Questions from the Department of Commerce’s September 17, 2018 Phone Call Regarding the Petitions for the Imposition of Antidumping Duties on Strontium Chromate from France and Austria,’’ dated September 18, 2018 (Third Supplement). E:\FR\FM\02OCN1.SGM 02OCN1 49544 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices initiation of the AD investigations that the petitioner is requesting.4 Period of Investigations Because the Petitions were filed on September 5, 2018, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for these investigations is July 1, 2017, through June 30, 2018.5 Scope of the Investigations The product covered by these investigations is strontium chromate from Austria and France. For a full description of the scope of these investigations, see the Appendix to this notice. amozie on DSK3GDR082PROD with NOTICES1 Scope Comments During our review of the Petitions, we contacted the petitioner regarding the proposed scope language to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.6 As a result, the scope of the Petitions was modified to clarify the description of merchandise covered by the Petitions. The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. As discussed in the preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,8 all such factual information should be limited to public information. To facilitate preparation of our questionnaires, we request that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on October 15, 2018, which is 20 calendar days from the signature date of this notice.9 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on October 25, 2018, which is 10 calendar days from the initial comments deadline. We request that any factual information parties consider relevant to 4 See the ‘‘Determination of Industry Support for the Petitions’’ section, infra. 5 See 19 CFR 351.204(b)(1). 6 See General Issues Supplement, at 1–4; see also Second Supplement, at 1–2 and Exhibit 1; see also September 19, 2018 Memorandum. 7 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 8 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 9 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 the scope of the investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the Austria and France less-than-fair-value investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Comments on Product Characteristics for the AD Questionnaires We are providing interested parties an opportunity to comment on the appropriate physical characteristics of strontium chromate to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics, and (2) productcomparison criteria. We note that it is not always appropriate to use all 10 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook%20on%20 Electronic%20Filling%20Procedures.pdf. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe strontium chromate, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on October 15, 2018, which is 20 calendar days from the signature date of this notice.11 Any rebuttal comments must be filed by 5:00 p.m. ET on October 25, 2018. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the records of the Austria and France less-than-fair-value investigations. Determination of Industry Support for the Petitions Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute 11 See E:\FR\FM\02OCN1.SGM 19 CFR 351.303(b). 02OCN1 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigations.14 Based on our analysis of the information submitted on the record, we have determined that strontium chromate, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.15 In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like 12 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 14 See Volume I of the Petitions, at 11–16. 15 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Strontium Chromate from Austria (Austria AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping Duty Petitions Covering Strontium Chromate from Austria and France (Attachment II); and Antidumping Duty Investigation Initiation Checklist: Strontium Chromate from France (France AD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. amozie on DSK3GDR082PROD with NOTICES1 13 See VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 product as defined in the ‘‘Scope of the Investigations,’’ in the Appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2017.16 The petitioner states that it is the only known producer of strontium chromate in the United States; therefore, the Petitions are supported by 100 percent of the U.S. industry.17 Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petitions.18 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).19 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.20 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.21 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and it has demonstrated sufficient industry support with respect to the AD investigations that it is requesting that Commerce initiate.22 16 See Volume I of the Petitions, at Exhibit General-2. 17 Id., at 2–4; see also Volume II of the Petitions, at Exhibit II–16. For further discussion, see Austria AD Initiation Checklist and France AD Initiation Checklist, at Attachment II. 18 Id. 19 Id.; see also section 732(c)(4)(D) of the Act. 20 See Austria AD Initiation Checklist and France AD Initiation Checklist, at Attachment II. 21 Id. 22 Id. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 49545 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (NV). In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.23 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; decline in the domestic industry’s shipments, financial performance, and employment levels; underutilized capacity; and lost sales and revenues.24 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.25 Allegations of Sales at Less Than Fair Value The following is a description of the allegations of sales at less than fair value upon which Commerce based its decision to initiate AD investigations of imports of strontium chromate from Austria and France. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the Austria and France AD Initiation Checklists. Export Price For Austria and France, the petitioner based U.S. export prices (EP) on the transaction-specific average unit values for shipments of strontium chromate identified from each of these countries entered under the relevant Harmonized Tariff Schedule of the United States (HTSUS) subheading for one month during the POI into a specific port.26 Under this methodology, the petitioner linked shipment data from Port Import Export Reporting Service (PIERS) to 23 See Volume I of the Petitions, at 24–25 and Exhibit General-4. 24 Id. at 11, 18–30 and Exhibits General-2 through General-8 and General-16. 25 See Austria AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping Duty Petitions Covering Strontium Chromate from Austria and France (Attachment III); and France AD Initiation Checklist, at Attachment III. 26 See Austria and France AD Initiation Checklists. E:\FR\FM\02OCN1.SGM 02OCN1 49546 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices monthly U.S. port-specific import statistics (obtained from the ITC’s Dataweb).27 The petitioner made a deduction from U.S. price for movement expenses, consistent with the manner in which the data is reported in Dataweb.28 Normal Value For Austria and France, the petitioner based NV on home market prices obtained through market research for strontium chromate produced in and sold, or offered for sale, in each country within the proposed POI.29 Where applicable, the petitioner calculated net home market prices, adjusting as appropriate for delivery terms and other price adjustments.30 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of strontium chromate from Austria and France are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for strontium chromate from Austria and France are 90.97 and 47.91 percent, respectively.31 Initiation of Less-Than-Fair-Value Investigations Based upon the examination of the Petitions, we find that the Petitions meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to determine whether imports of strontium chromate from Austria and France are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. amozie on DSK3GDR082PROD with NOTICES1 Respondent Selection The petitioner named one company in Austria and one company in France as producers/exporters of strontium chromate.32 Following standard practice in AD investigations involving market economy countries, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate HTSUS numbers listed with 27 Id. 28 Id. 29 Id. 30 Id. 31 Id. 32 See Volume I of the Petitions at Exhibit General-9; see also General Issues Supplement, at 1 and Exhibit 1. VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 the ‘‘Scope of the Investigations,’’ in the Appendix. We also intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO on the record within five business days of publication of this Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven calendar days after the placement of the CBP data on the record of these investigations. Parties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for the initial comments. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https:// enforcement.trade.gov/apo. All respondent selection comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully, in its entirety, by Commerce’s electronic records system, ACCESS, by 5:00 p.m. ET by the dates noted above. We intend to finalize our decision regarding respondent selection within 20 days of publication of this notice. investigations will proceed according to statutory and regulatory time limits. Distribution of Copies of the Petitions Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the governments of Austria and France via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of strontium chromate from Austria and/or France are materially injuring or threatening material injury to a U.S. industry.33 A negative ITC determination will result in the investigation being terminated with respect to that country.34 Otherwise, the 33 See section 733(a) of the Act. 34 Id. PO 00000 Frm 00017 Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 35 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.36 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. 35 See 36 See Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 02OCN1 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.37 Parties must use the certification formats provided in 19 CFR 351.303(g).38 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: September 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix amozie on DSK3GDR082PROD with NOTICES1 Scope of the Investigations The merchandise covered by these investigations 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 37 See section 782(b) of the Act. also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 38 See VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 (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 investigations if processed in the country of manufacture of the in-scope strontium chromate. The merchandise subject to these investigations 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. 2018–21406 Filed 10–1–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–944] Oil Country Tubular Goods From People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty order on oil country tubular goods (OCTG) from the People’s Republic of China (China). The period of review (POR) is January 1, 2017, through December 31, 2017. DATES: Applicable October 2, 2018. FOR FURTHER INFORMATION CONTACT: Jessica Pomper or Nicholas Czajkowski, 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) 482–9122 or (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 2, 2018, Commerce published a notice of opportunity to request an administrative review of the countervailing duty order on OCTG from China for the POR.1 Commerce received a timely-filed request from Maverick Tube Corporation (Maverick), in accordance with 19 CFR 351.213(b), for an administrative review of 18 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 98 (January 2, 2018). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 49547 producers/exporters of OCTG from China: Anhui Tianda Oil Pipe Company Limited; Doright Co., Ltd.; DSC Pipes and Tubes Private Limited; Hainan Standard Stone Co., Ltd.; Hengyang Hongda Special Steel Tube Co. Ltd.; Hengyang Steel Tube Group International Trading Inc.; Hubei Xingegang Steel Co., Ltd.; Jiangsu Chengde Steel Tube Co., Ltd.; Jiangyi City Changlongde; Shanghai Jianeng Luggage Co., Ltd.; Tianjn Pipe International Economic & Trading Corporation; Wuxi Seamless Oil Pipe Co., Ltd.; Wuxi Zhenda Special Steel Tube Manufacturing Co., Ltd.; Yangzhou Chengde Steel Pipe Co., Ltd.; Yangzhou Lontrin Steel Tube Co., Ltd.; Yangzhou Shengde Crafts Co., Ltd.; Zhejiang Gross Seamless Tube Co., Ltd.; and Zhejiang Xinghe Group.2 On March 16, 2018, the Department published a notice of initiation.3 This notice of initiation inadvertently omitted Yangzhou Shengde Crafts Co., Ltd. for which an administrative review was requested by Maverick. On September 10, 2018, Commerce published a notice of initiation to correct this omission.4 Subsequent to the Initiation Notices, Commerce requested from U.S. Customs and Border Protection (CBP) data for U.S. imports of subject merchandise during the POR for the companies for which an administrative review was requested.5 The results of the CBP data inquiry demonstrated that there were no entries of subject merchandise exported by these companies during the POR.6 Commerce solicited interested party comments,7 and we received no comments. Rescission of Review It is Commerce’s practice to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which 2 See letter from Maverick, ‘‘Certain Oil Country Tubular Goods from the People’s Republic of China: Request for Administrative Review,’’ date January 31, 2018. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 11686 (March 16, 2018). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45596 (September 11, 2018). 5 See Memorandum ‘‘Certain Oil Tubular Goods from the People’s Republic of China: Placement on the Record of Results of Inquiry to U.S. Customs and Border Protection for 2017 Period of Review,’’ dated April 19, 2018. See also Memorandum ‘‘Certain Oil Tubular Goods from the People’s Republic of China: Placement on the Record of Results of Inquiry to U.S. Customs and Border Protection for 2017 Period of Review,’’ dated September 11, 2018. 6 Id. 7 Id. E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Pages 49543-49547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21406]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-813 and A-427-830]


Strontium Chromate From Austria and France: Initiation of Less-
Than-Fair-Value Investigations

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


DATES: Applicable September 25, 2018.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Brian Smith at (202) 
482-5973 or (202) 482-1766, respectively; AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On September 5, 2018, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of 
strontium chromate from Austria and France, filed in proper form on 
behalf of the Lumimove Inc., d.b.a. WPC Technologies (the 
petitioner).\1\
---------------------------------------------------------------------------

    \1\ See the petitioner's Letter, ``Petitions for the Imposition 
of Antidumping Duties on Strontium Chromate from Austria and 
France,'' dated September 5, 2018 (the Petitions).
---------------------------------------------------------------------------

    From September 7 to 19, 2018, we requested from the petitioner 
information pertaining to the scope and allegations contained in the 
petition.\2\ The petitioner supplemented the record in response to 
these requests.\3\
---------------------------------------------------------------------------

    \2\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Strontium Chromate from Austria and 
France: Supplemental Questions,'' dated September 7, 2018; 
``Petition for the Imposition of Antidumping Duties on Imports of 
Strontium Chromate from France: Supplemental Questions,'' dated 
September 7, 2018; ``Petition for the Imposition of Antidumping 
Duties on Imports of Strontium Chromate from Austria: Supplemental 
Questions,'' dated September 7, 2018; ``Phone Call with Counsel to 
Petitioner,'' dated September 14, 2018; ``Phone Call with Counsel to 
Petitioner,'' dated September 17, 2018; and Memorandum, ``Petitions 
for the Imposition of Antidumping Duties on Imports of Strontium 
Chromate from Austria and France; Phone Call with Counsel to the 
Petitioner,'' dated September 19, 2018 (September 19, 2018 
Memorandum).
    \3\ See the petitioner's Letters, titled, ``Petitioner's 
Response to the Department of Commerce's September 7, 2018 General 
Issues Questionnaire Regarding the Petitions for the Imposition of 
Antidumping Duties on Strontium Chromate from France and Austria,'' 
dated September 13, 2018 (General Issues Supplement); ``Petitioner's 
Response to the Department of Commerce's September 7, 2018 Volume II 
Supplemental Questionnaire Regarding the Petitions for the 
Imposition of Antidumping Duties on Strontium Chromate from 
Austria'', dated September 13, 2018 (Austria AD Supplement); 
``Petitioner's Response to the Department of Commerce's September 7, 
2018 Volume II Supplemental Questionnaire Regarding the Petitions 
for the Imposition of Antidumping Duties on Strontium Chromate from 
France,'' dated September 13, 2018 (France AD Supplement); 
``Petitioner's Response to Questions from the Department of 
Commerce's September 14, 2018 Phone Call Regarding the Petitions for 
the Imposition of Antidumping Duties on Strontium Chromate from 
France and Austria,'' dated September 17, 2018 (Second Supplement); 
and ``Petitioner's Response to Questions from the Department of 
Commerce's September 17, 2018 Phone Call Regarding the Petitions for 
the Imposition of Antidumping Duties on Strontium Chromate from 
France and Austria,'' dated September 18, 2018 (Third Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of strontium 
chromate from Austria and France are being, or are likely to be, sold 
in the United States at less than fair value within the meaning of 
section 731 of the Act, and that such imports are materially injuring, 
or threatening material injury to, the domestic industry producing 
strontium chromate in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions are accompanied by information 
reasonably available to the petitioner supporting its allegation.
    We find that the petitioner filed the Petitions on behalf of the 
domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. We also find that the 
petitioner demonstrated sufficient industry support with respect to the

[[Page 49544]]

initiation of the AD investigations that the petitioner is 
requesting.\4\
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    \4\ See the ``Determination of Industry Support for the 
Petitions'' section, infra.
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Period of Investigations

    Because the Petitions were filed on September 5, 2018, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for these 
investigations is July 1, 2017, through June 30, 2018.\5\
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    \5\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations

    The product covered by these investigations is strontium chromate 
from Austria and France. For a full description of the scope of these 
investigations, see the Appendix to this notice.

Scope Comments

    During our review of the Petitions, we contacted the petitioner 
regarding the proposed scope language to ensure that the scope language 
in the Petitions is an accurate reflection of the products for which 
the domestic industry is seeking relief.\6\ As a result, the scope of 
the Petitions was modified to clarify the description of merchandise 
covered by the Petitions. The description of the merchandise covered by 
this initiation, as described in the Appendix to this notice, reflects 
these clarifications.
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    \6\ See General Issues Supplement, at 1-4; see also Second 
Supplement, at 1-2 and Exhibit 1; see also September 19, 2018 
Memorandum.
---------------------------------------------------------------------------

    As discussed in the preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of our questionnaires, we request that all 
interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) 
on October 15, 2018, which is 20 calendar days from the signature date 
of this notice.\9\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on October 25, 2018, which 
is 10 calendar days from the initial comments deadline.
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \9\ See 19 CFR 351.303(b).
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    We request that any factual information parties consider relevant 
to the scope of the investigations be submitted during this period. 
However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the Austria and France less-than-fair-value 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for the AD Questionnaires

    We are providing interested parties an opportunity to comment on 
the appropriate physical characteristics of strontium chromate to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production accurately, as well as to develop appropriate product-
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics, and (2) product-comparison criteria. We note that it 
is not always appropriate to use all product characteristics as 
product-comparison criteria. We base product-comparison criteria on 
meaningful commercial differences among products. In other words, 
although there may be some physical product characteristics utilized by 
manufacturers to describe strontium chromate, it may be that only a 
select few product characteristics take into account commercially 
meaningful physical characteristics. In addition, interested parties 
may comment on the order in which the physical characteristics should 
be used in matching products. Generally, Commerce attempts to list the 
most important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on October 15, 
2018, which is 20 calendar days from the signature date of this 
notice.\11\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
October 25, 2018. All comments and submissions to Commerce must be 
filed electronically using ACCESS, as explained above, on the records 
of the Austria and France less-than-fair-value investigations.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute

[[Page 49545]]

directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that strontium chromate, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\15\
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    \14\ See Volume I of the Petitions, at 11-16.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklist: Strontium 
Chromate from Austria (Austria AD Initiation Checklist), at 
Attachment II, Analysis of Industry Support for the Antidumping Duty 
Petitions Covering Strontium Chromate from Austria and France 
(Attachment II); and Antidumping Duty Investigation Initiation 
Checklist: Strontium Chromate from France (France AD Initiation 
Checklist), at Attachment II. These checklists are dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2017.\16\ The petitioner 
states that it is the only known producer of strontium chromate in the 
United States; therefore, the Petitions are supported by 100 percent of 
the U.S. industry.\17\
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    \16\ See Volume I of the Petitions, at Exhibit General-2.
    \17\ Id., at 2-4; see also Volume II of the Petitions, at 
Exhibit II-16. For further discussion, see Austria AD Initiation 
Checklist and France AD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\18\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\19\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\20\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\21\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.
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    \18\ Id.
    \19\ Id.; see also section 732(c)(4)(D) of the Act.
    \20\ See Austria AD Initiation Checklist and France AD 
Initiation Checklist, at Attachment II.
    \21\ Id.
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    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Act, and it has demonstrated sufficient 
industry support with respect to the AD investigations that it is 
requesting that Commerce initiate.\22\
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    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\23\
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    \23\ See Volume I of the Petitions, at 24-25 and Exhibit 
General-4.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
decline in the domestic industry's shipments, financial performance, 
and employment levels; underutilized capacity; and lost sales and 
revenues.\24\ We have assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, as 
well as cumulation, and we have determined that these allegations are 
properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\25\
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    \24\ Id. at 11, 18-30 and Exhibits General-2 through General-8 
and General-16.
    \25\ See Austria AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Strontium 
Chromate from Austria and France (Attachment III); and France AD 
Initiation Checklist, at Attachment III.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which Commerce based its decision to initiate AD 
investigations of imports of strontium chromate from Austria and 
France. The sources of data for the deductions and adjustments relating 
to U.S. price and NV are discussed in greater detail in the Austria and 
France AD Initiation Checklists.

Export Price

    For Austria and France, the petitioner based U.S. export prices 
(EP) on the transaction-specific average unit values for shipments of 
strontium chromate identified from each of these countries entered 
under the relevant Harmonized Tariff Schedule of the United States 
(HTSUS) subheading for one month during the POI into a specific 
port.\26\ Under this methodology, the petitioner linked shipment data 
from Port Import Export Reporting Service (PIERS) to

[[Page 49546]]

monthly U.S. port-specific import statistics (obtained from the ITC's 
Dataweb).\27\ The petitioner made a deduction from U.S. price for 
movement expenses, consistent with the manner in which the data is 
reported in Dataweb.\28\
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    \26\ See Austria and France AD Initiation Checklists.
    \27\ Id.
    \28\ Id.
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Normal Value

    For Austria and France, the petitioner based NV on home market 
prices obtained through market research for strontium chromate produced 
in and sold, or offered for sale, in each country within the proposed 
POI.\29\ Where applicable, the petitioner calculated net home market 
prices, adjusting as appropriate for delivery terms and other price 
adjustments.\30\
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    \29\ Id.
    \30\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of strontium chromate from Austria and France are 
being, or are likely to be, sold in the United States at less than fair 
value. Based on comparisons of EP to NV in accordance with sections 772 
and 773 of the Act, the estimated dumping margins for strontium 
chromate from Austria and France are 90.97 and 47.91 percent, 
respectively.\31\
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    \31\ Id.
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Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the Petitions, we find that the 
Petitions meet the requirements of section 732 of the Act. Therefore, 
we are initiating AD investigations to determine whether imports of 
strontium chromate from Austria and France are being, or are likely to 
be, sold in the United States at less than fair value. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    The petitioner named one company in Austria and one company in 
France as producers/exporters of strontium chromate.\32\ Following 
standard practice in AD investigations involving market economy 
countries, Commerce intends to select respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports under the appropriate 
HTSUS numbers listed with the ``Scope of the Investigations,'' in the 
Appendix.
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    \32\ See Volume I of the Petitions at Exhibit General-9; see 
also General Issues Supplement, at 1 and Exhibit 1.
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    We also intend to release the CBP data under Administrative 
Protective Order (APO) to all parties with access to information 
protected by APO on the record within five business days of publication 
of this Federal Register notice. Comments regarding the CBP data and 
respondent selection should be submitted seven calendar days after the 
placement of the CBP data on the record of these investigations. 
Parties wishing to submit rebuttal comments should submit those 
comments five calendar days after the deadline for the initial 
comments. Interested parties must submit applications for disclosure 
under APO in accordance with 19 CFR 351.305(b). Instructions for filing 
such applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
    All respondent selection comments must be filed electronically 
using ACCESS. An electronically-filed document must be received 
successfully, in its entirety, by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. ET by the dates noted above. We intend to finalize 
our decision regarding respondent selection within 20 days of 
publication of this notice.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Austria and France via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of strontium chromate from Austria and/or 
France are materially injuring or threatening material injury to a U.S. 
industry.\33\ A negative ITC determination will result in the 
investigation being terminated with respect to that country.\34\ 
Otherwise, the investigations will proceed according to statutory and 
regulatory time limits.
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    \33\ See section 733(a) of the Act.
    \34\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\35\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\36\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
---------------------------------------------------------------------------

    \35\ See 19 CFR 351.301(b).
    \36\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790

[[Page 49547]]

(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: September 25, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations 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 investigations if 
processed in the country of manufacture of the in-scope strontium 
chromate.
    The merchandise subject to these investigations 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. 2018-21406 Filed 10-1-18; 8:45 am]
 BILLING CODE 3510-DS-P

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