Strontium Chromate From Austria: Amended Preliminary Determination of Sales at Less Than Fair Value, 28272-28273 [2019-12840]

Download as PDF 28272 Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices petitioners argue that the only reason to export R–32 to India to be blended, and to not complete the blending in the country of origin, is to evade application of AD duties upon importation. DEPARTMENT OF COMMERCE Conclusion Strontium Chromate From Austria: Amended Preliminary Determination of Sales at Less Than Fair Value Based on the information provided by the petitioners, we determine that there is sufficient information to warrant an initiation of an anti-circumvention inquiry, pursuant to section 781(b) of the Act and 19 CFR 351.225(h). Commerce will determine whether the merchandise subject to the inquiry (as described in the ‘‘Merchandise Subject to the Anti-Circumvention Inquiry’’ section above) is circumventing the Order such that it should be included with the scope of the Order. Additionally, as part of this anticircumvention inquiry, we will address the scope inquiry filed by GFL under 19 CFR 351.225(c),26 and our final findings in this anti-circumvention inquiry will include a final finding with regard to GFL’s scope inquiry. In accordance with 19 CFR 351.225(l)(2), if Commerce issues a preliminary affirmative determination, we will then instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the merchandise at issue, entered or withdrawn from warehouse for consumption on or after the date of initiation of the inquiry. Following consultation with interested parties, Commerce will establish a schedule for questionnaires and comments on the issues related to the inquiry. Before issuance of any affirmative determination, Commerce intends to notify the ITC of any proposed inclusion of the inquiry merchandise under the Order in accordance with section 781(e)(1)(B) of the Act. Pursuant to section 781(f) of the Act, Commerce intends to issue its final determination within 300 days of the date of publication of this initiation. Notification to Interested Parties jbell on DSK3GLQ082PROD with NOTICES This notice is published in accordance with sections 781(b) of the Act and 19 CFR 351.225(h). Dated: June 12, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–12841 Filed 6–17–19; 8:45 am] BILLING CODE 3510–DS–P 26 See GFL Scope Ruling Request. VerDate Sep<11>2014 17:23 Jun 17, 2019 Jkt 247001 International Trade Administration [A–433–813] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the preliminary determination of the less than fair value (LTFV) investigation of strontium chromate from Austria to correct a significant ministerial error. DATES: Applicable June 18, 2019. FOR FURTHER INFORMATION CONTACT: Brian Smith or Jaron Moore, 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) 482–1766 or (202) 482–3640, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On May 17, 2019, Commerce published in the Federal Register the Preliminary Determination,1 and completed the disclosure of all calculation materials to interested parties. On May 20, 2019, Lumimove Inc. d.b.a. WPC Technologies (the petitioner) timely filed a ministerial error allegation regarding the Preliminary Determination.2 determination according to 19 CFR 351.351.224(e). A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ 3 A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.4 Amended Preliminary Determination Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the Preliminary Determination to reflect the correction of one ministerial error made in the calculation of the estimated weighted-average dumping margin for Habich GmbH (Habich).5 This error is a significant ministerial error within the meaning of 19 CFR 351.224(g) because Habich’s margin increases from 1.24 percent to 2.50 percent as a result of correcting this ministerial error, exceeding the specified threshold, i.e., representing a difference between a de minimis margin and a margin above de minimis.6 Commerce will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary All-Others Rate Because the amended preliminary margin is above de minimis, we determined 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. We calculated an individual estimated weighted-average dumping margin for Habich, the only individually examined exporter/ producer in this investigation. Because 1 See Strontium Chromate from Austria: Preliminary Determination of Sales at Not Less Than Fair Value and Postponement of Final Determination, 84 FR 22443 (May 17, 2019) (Preliminary Determination). 2 See Petitioner’s Letter, ‘‘Strontium Chromate from Austria: Ministerial Error Comments,’’ dated May 20, 2019 (Petitioner’s Ministerial Error Allegation). 3 See also section 735(e) of the Tariff Act of 1930, as amended (the Act). 4 See 19 CFR 351.224(g). 5 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Strontium Chromate from Austria: Ministerial Error Allegation in the Preliminary Determination,’’ dated concurrently with this notice (Ministerial Error Memorandum). 6 Id. Period of Investigation The period of investigation is July 1, 2017 through June 30, 2018. Scope of Investigation The product covered by this investigation is strontium chromate from Austria. For a complete description of the scope of this investigation, see the Appendix to this notice. Analysis of the Significant Ministerial Error Allegation PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices 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 12, 2019, pursuant to 19 CFR 351.210(e), Habich requested that Commerce postpone the final determination and that provisional measures be extended to a period not to Amended Preliminary Determination exceed six months.7 In accordance with Commerce preliminarily determines section 735(a)(2)(A) of the Act and 19 that the following amended weightedCFR 351.210(b)(2)(ii), because (1) the average dumping margins exist for the preliminary determination, as amended, period July 1, 2017 through June 30, is affirmative; (2) the requesting 2018: exporter accounts for a significant proportion of exports of the subject Estimated merchandise; and (3) no compelling weightedreasons for denial exist, Commerce is average Exporter/producer postponing the final determination and dumping extending the provisional measures margin (percent) from a four-month period to a period not greater than six months. Habich GmbH ....................... 2.50 Accordingly, Commerce will make its All Others .............................. 2.50 final determination no later than 135 days after the date of publication of the Amended Cash Deposits and Preliminary Determination.8 Suspension of Liquidation International Trade Commission The collection of cash deposits and Notification suspension of liquidation will be In accordance with section 733(f) of revised according to the rates calculated the Act, we will notify the International in this amended preliminary Trade Commission of our amended determination, in accordance with preliminary determination. sections 733(d) and (f) of the Act, and 19 CFR 351.224. Because the rates are Notification to Interested Parties increasing from the Preliminary This amended preliminary Determination, the amended cash determination is issued and published deposit rates will be effective on the in accordance with sections 733(f) and date of publication of this notice in the Federal Register. Parties will be notified 777(i)(1) of the Act and 19 CFR 351.224(e). of this determination, in accordance with sections 733(d) and (f) of the Act. Dated: June 12, 2019. the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Habich is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. jbell on DSK3GLQ082PROD with NOTICES Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. 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 VerDate Sep<11>2014 18:40 Jun 17, 2019 Jkt 247001 Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation 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 7 See Habich’s letter, ‘‘Strontium Chromate from Austria; Habich GmbH’s Request to Extend the Final Determination,’’ dated April 12, 2019. 8 See Preliminary Determination. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 28273 strontium chromate may be blended include, but are not limited to, water and solvents such as Aromatic 100 Methyl Amyl Ketone (MAK)/2Heptanone, 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. 2019–12840 Filed 6–17–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–028] Hydrofluorocarbon Blends From the People’s Republic of China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order; Components Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to allegations of circumvention from the American HFC Coalition (the petitioners), the Department of Commerce (Commerce) is initiating an anti-circumvention inquiry to determine whether imports of hydrofluorocarbon (HFC) components R–32, R–125, and R–143a from the People’s Republic of China (China) that are further processed into HFC blends in the United States are circumventing the antidumping duty (AD) order on HFC blends from China. AGENCY: DATES: Applicable June 18, 2019. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Manuel Rey, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4987 and (202) 482–5518, respectively. SUPPLEMENTARY INFORMATION: E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28272-28273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12840]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-813]


Strontium Chromate From Austria: Amended Preliminary 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination of the less than fair value (LTFV) 
investigation of strontium chromate from Austria to correct a 
significant ministerial error.

DATES: Applicable June 18, 2019.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Jaron Moore, 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) 482-1766 or (202) 
482-3640, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2019, Commerce published in the Federal Register the 
Preliminary Determination,\1\ and completed the disclosure of all 
calculation materials to interested parties. On May 20, 2019, Lumimove 
Inc. d.b.a. WPC Technologies (the petitioner) timely filed a 
ministerial error allegation regarding the Preliminary 
Determination.\2\
---------------------------------------------------------------------------

    \1\ See Strontium Chromate from Austria: Preliminary 
Determination of Sales at Not Less Than Fair Value and Postponement 
of Final Determination, 84 FR 22443 (May 17, 2019) (Preliminary 
Determination).
    \2\ See Petitioner's Letter, ``Strontium Chromate from Austria: 
Ministerial Error Comments,'' dated May 20, 2019 (Petitioner's 
Ministerial Error Allegation).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is July 1, 2017 through June 30, 2018.

Scope of Investigation

    The product covered by this investigation is strontium chromate 
from Austria. For a complete description of the scope of this 
investigation, see the Appendix to this notice.

Analysis of the Significant Ministerial Error Allegation

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.351.224(e). A ministerial error 
is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, 
or other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \3\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) a change of at least five absolute percentage points in, 
but not less than 25 percent of, the weighted-average dumping margin 
calculated in the original (erroneous) preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero or 
de minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa.\4\
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    \3\ See also section 735(e) of the Tariff Act of 1930, as 
amended (the Act).
    \4\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of one ministerial 
error made in the calculation of the estimated weighted-average dumping 
margin for Habich GmbH (Habich).\5\ This error is a significant 
ministerial error within the meaning of 19 CFR 351.224(g) because 
Habich's margin increases from 1.24 percent to 2.50 percent as a result 
of correcting this ministerial error, exceeding the specified 
threshold, i.e., representing a difference between a de minimis margin 
and a margin above de minimis.\6\
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    \5\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Strontium Chromate from Austria: Ministerial Error Allegation in the 
Preliminary Determination,'' dated concurrently with this notice 
(Ministerial Error Memorandum).
    \6\ Id.
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All-Others Rate

    Because the amended preliminary margin is above de minimis, we 
determined 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. We calculated an individual 
estimated weighted-average dumping margin for Habich, the only 
individually examined exporter/producer in this investigation. Because

[[Page 28273]]

the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Habich is the margin 
assigned to all other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Amended Preliminary Determination

    Commerce preliminarily determines that the following amended 
weighted-average dumping margins exist for the period July 1, 2017 
through June 30, 2018:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Habich GmbH.............................................            2.50
All Others..............................................            2.50
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination, in accordance with sections 733(d) and (f) 
of the Act, and 19 CFR 351.224. Because the rates are increasing from 
the Preliminary Determination, the amended cash deposit rates will be 
effective on the date of publication of this notice in the Federal 
Register. Parties will be notified of this determination, in accordance 
with sections 733(d) and (f) of the Act.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.

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 12, 2019, pursuant to 19 CFR 351.210(e), Habich requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\7\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) the preliminary determination, as 
amended, 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 the Preliminary Determination.\8\
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    \7\ See Habich's letter, ``Strontium Chromate from Austria; 
Habich GmbH's Request to Extend the Final Determination,'' dated 
April 12, 2019.
    \8\ See Preliminary Determination.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

    Dated: June 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    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. 2019-12840 Filed 6-17-19; 8:45 am]
BILLING CODE 3510-DS-P