Strontium Chromate From Austria: Amended Preliminary Determination of Sales at Less Than Fair Value, 28272-28273 [2019-12840]
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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withdrawn from warehouse for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
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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.
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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:
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]]>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\
---------------------------------------------------------------------------
\3\ See also section 735(e) of the Tariff Act of 1930, as
amended (the Act).
\4\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
