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, 22438-22440 [2019-10282]
Download as PDF
<![CDATA[
22438
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of this administrative review on
October 11, 2018.1 For a history of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2 On January 28,
2019, Commerce tolled the deadlines in
this case and for the final results by 40
days.3 On March 5, 2019, Commerce
extended the deadline for these final
results to May 7, 2019.4
jbell on DSK3GLQ082PROD with NOTICES
Analysis of Comments Received
All issues raised by interested parties
in their case and rebuttal briefs, and our
analysis thereof, are addressed in the
Issues and Decision Memorandum. The
issues are identified in the Appendix to
this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://trade.gov/
enforcement/frn/. The signed
Issues and Decision Memorandum and
1 See Certain Magnesia Carbon Bricks from the
People’s Republic of China: Preliminary Results of
the Countervailing Duty Administrative Review;
2016, 83 FR 51444 (October 11, 2018) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the Administrative Review of
the Countervailing Duty Order on Certain Magnesia
Carbon Bricks from the People’s Republic of China;
2016.’’
2 See Memorandum, ‘‘Certain Magnesia Carbon
Bricks from the People’s Republic of China: Issues
and Decision Memorandum for the Final Results of
the 2016 Countervailing Duty Administrative
Review,’’ which is dated concurrently with these
final results and is hereby adopted by this notice
(Issues and Decision Memorandum).
3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. As a result, all deadlines in this
segment of the proceeding have been extended by
40 days.
4 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Magnesia
Carbon Bricks from the People’s Republic of China:
Extension of Deadline for the Final Results,’’ dated
March 5, 2019.
VerDate Sep<11>2014
17:05 May 16, 2019
Jkt 247001
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Rescission of Administrative Review
It is Commerce’s practice to rescind
an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.5
Normally, upon completion of an
administrative review of a CVD order,
the suspended entries are liquidated at
the assessment rate calculated for the
review period.6 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry for which Commerce can instruct
U.S. Customs and Border Protection
(CBP) to liquidate at the newly
calculated assessment rate.7 Based on
our examination of the record, we
continue to find that there is no
evidence of reviewable entries,
shipments, or U.S. sales of subject
merchandise during the POR.8
Accordingly, in the absence of
suspended entries of subject
merchandise during the POR for this
administrative review, Commerce is
rescinding this administrative review of
the CVD order on MCBs from China,
pursuant to 19 CFR 351.213(d)(3).
Commerce intends to issue appropriate
assessment instructions to CBP 15 days
after the date of publication of this
notice.
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(1) of the Tariff Act of
5 See, e.g., Certain Welded Carbon Steel Standard
Pipe and Tube from Turkey: Notice of Final
Rescission of Countervailing Duty Administrative
Review, In Part, 77 FR 6542 (February 8, 2012) and
accompanying Issues and Decision Memorandum at
2; Certain Magnesia Carbon Bricks from China:
Rescission of Countervailing Duty Administrative
Review; 2014, 82 FR 4300 (January 13, 2017) (China
MCBs 2014 AR).
6 See 19 CFR 351.212(b)(1).
7 See China MCBs 2014 AR.
8 See Issues and Decision Memorandum at
sections, ‘‘Rescission of Administrative Review,’’
and ‘‘Discussion of the Issue.’’
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
1930, as amended, and 19 CFR
351.213(d)(4).
Dated: May 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review
V. Discussion of the Issue: Treatment of
Fedmet
VI. Recommendation
[FR Doc. 2019–10273 Filed 5–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–830]
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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that strontium chromate from France is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV) for the period of investigation
(POI) July 1, 2017, through June 30,
2018. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Joshua Simonidis,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5973 or
(202) 482–0608, respectively.
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
E:\FR\FM\17MYN1.SGM
17MYN1
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices
on October 2, 2018.1 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 On
March 11, 2019, Commerce postponed
the preliminary determination of this
investigation until May 13, 2019.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 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 Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is strontium chromate
from France. For a complete description
of the scope of this investigation, see
Appendix I.
jbell on DSK3GLQ082PROD with NOTICES
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
1 See Strontium Chromate From Austria and
France: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 49543 (October 2, 2018)
(Initiation Notice).
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
for Enforcement and Compliance, ‘‘Deadlines
Affected by the Partial Shutdown of the Federal
Government,’’ dated January 28, 2019. All deadlines
in this segment of the proceeding have been
extended by 40 days.
3 See Strontium Chromate from Austria and
France: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 84 FR 8669 (March 11, 2019).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Strontium Chromate
from France,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
VerDate Sep<11>2014
17:05 May 16, 2019
Jkt 247001
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is therefore
not modifying the scope language as it
appeared in the Initiation Notice. See
the Scope of the Investigation in
Appendix I to this notice.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
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 Negative 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 all
imports of strontium chromate from
France. 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 weightedaverage 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 Socie´te´ Nouvelle des
Couleurs Zinciques (SNCZ), the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or determined entirely under
section 776 of the Act, the estimated
weighted-average dumping margin
calculated for SNCZ is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
22439
Socie´te´ Nouvelle des Couleurs
Zinciques .................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
30.32
30.32
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 the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
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
E:\FR\FM\17MYN1.SGM
17MYN1
22440
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
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.7
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.
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 April 17, 2019, pursuant to 19
CFR 351.210(e), SNCZ requested that
Commerce postpone the final
determination and that provisional
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:05 May 16, 2019
Jkt 247001
measures be extended to a period not to
exceed six months.8 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.
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.9
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: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation 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
8 See SNCZ’s letter, ‘‘Strontium Chromate from
France: Request to Postpone the Due Date for the
Final Determination,’’ dated April 17, 2019.
9 See section 735(b)(2) of the Act.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
that has been processed in a third country
into a product that otherwise would be
within the scope of this investigation if
processed in the country of manufacture of
the in-scope strontium chromate.
The merchandise subject to this
investigation 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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Constructed Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison-Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on
Comparison-Market Prices
XI. Currency Conversion
XII. Critical Circumstances
A. Legal Framework
B. Critical Circumstances Allegation
C. Analysis
XIII. Conclusion
[FR Doc. 2019–10282 Filed 5–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–842]
Certain Uncoated Paper From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain uncoated paper (uncoated
paper) from Brazil is being, or is likely
to be, sold in the United States at less
than fair value. Interested parties are
AGENCY:
E:\FR\FM\17MYN1.SGM
17MYN1
]]>Agencies
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22438-22440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10282]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-830]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that strontium chromate from France is being, or is likely to be, sold
in the United States at less than fair value (LTFV) for the period of
investigation (POI) July 1, 2017, through June 30, 2018. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Joshua Simonidis,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973
or (202) 482-0608, respectively.
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
[[Page 22439]]
on October 2, 2018.\1\ Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018, through the resumption of operations on January 29,
2019.\2\ On March 11, 2019, Commerce postponed the preliminary
determination of this investigation until May 13, 2019.\3\
---------------------------------------------------------------------------
\1\ See Strontium Chromate From Austria and France: Initiation
of Less-Than-Fair-Value Investigations, 83 FR 49543 (October 2,
2018) (Initiation Notice).
\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations for Enforcement and Compliance, ``Deadlines Affected by
the Partial Shutdown of the Federal Government,'' dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
\3\ See Strontium Chromate from Austria and France: Postponement
of Preliminary Determinations of Antidumping Duty Investigations, 84
FR 8669 (March 11, 2019).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ 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 Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Strontium
Chromate from France,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is strontium chromate
from France. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is therefore not modifying the scope
language as it appeared in the Initiation Notice. See the Scope of the
Investigation in Appendix I to this notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
---------------------------------------------------------------------------
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 Negative 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 all imports of strontium chromate from France. 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 Soci[eacute]t[eacute] Nouvelle des Couleurs
Zinciques (SNCZ), the only individually examined exporter/producer in
this investigation. Because the only individually calculated dumping
margin is not zero, de minimis, or determined entirely under section
776 of the Act, the estimated weighted-average dumping margin
calculated for SNCZ is the margin assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Soci[eacute]t[eacute] Nouvelle des Couleurs Zinciques....... 30.32
All Others.................................................. 30.32
------------------------------------------------------------------------
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 the respondent listed above 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, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
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
[[Page 22440]]
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.\7\ 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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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 April 17, 2019, pursuant to 19 CFR 351.210(e), SNCZ requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\8\ 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.
---------------------------------------------------------------------------
\8\ See SNCZ's letter, ``Strontium Chromate from France: Request
to Postpone the Due Date for the Final Determination,'' dated April
17, 2019.
---------------------------------------------------------------------------
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.\9\
---------------------------------------------------------------------------
\9\ See section 735(b)(2) of the Act.
---------------------------------------------------------------------------
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: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 this investigation if
processed in the country of manufacture of the in-scope strontium
chromate.
The merchandise subject to this investigation 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Constructed Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison-Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison-Market Prices
XI. Currency Conversion
XII. Critical Circumstances
A. Legal Framework
B. Critical Circumstances Allegation
C. Analysis
XIII. Conclusion
[FR Doc. 2019-10282 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P
