Strontium Chromate From France: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 53678-53680 [2019-21807]
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53678
Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices
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.
DEPARTMENT OF COMMERCE
Notification to Interested Parties
AGENCY:
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: September 30, 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.
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Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2019–21808 Filed 10–7–19; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–427–830]
Strontium Chromate From France:
Final Affirmative Determination of
Sales at Less Than Fair Value and
Final Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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. The final
estimated weighted-average dumping
margins are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Applicable October 8, 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
On May 17, 2019, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of strontium chromate from
France, in which we also postponed the
final determination until September 30,
2019.1 We invited interested parties to
comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2
Scope of the Investigation
The product covered by this
investigation is strontium chromate
1 See Strontium Chromate From France:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 84 FR 22438
(May 17, 2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Strontium Chromate from France,’’
dated concurrently with, and hereby adopted by
this notice (Issues and Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
from France. For a complete description
of the scope of this investigation, see
Appendix I of this notice.
Scope Comments
During the course of this investigation
of strontium chromate from France,
Commerce did not receive scope
comments from interested parties.
Therefore, for this final determination,
the scope of this investigation remains
unchanged from that published in the
Preliminary Determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. 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 it is available to
all parties in the Central Records Unit,
room B–8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
during June 2019, we conducted
verification of the sales and cost
information submitted by Socie´te´
Nouvelle des Couleurs Zinciques
(SNCZ), the sole mandatory respondent,
for use in our final determination. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
SNCZ.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
3 For a discussion of our verification findings, see
the following memoranda: ‘‘Verification of the Cost
Response of Socie´te´ Nouvelle des Couleurs
Zinciques in the Less-than-Fair-Value Investigation
of Strontium Chromate from France,’’ dated July 18,
2019; and ‘‘Verification of the Sales Response of
Socie´te´ Nouvelle des Couleurs Zinciques in the
Antidumping Investigation of Strontium Chromate
from France,’’ dated July 22, 2019.
E:\FR\FM\08OCN1.SGM
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Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices
the margin calculation for SNCZ. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Use of Adverse Facts Available
At verification SNCZ failed to
properly support the amounts reported
for inland freight to the port and
international freight expenses in its U.S.
sales database. Because SNCZ provided
information that cannot be verified, the
use of facts available pursuant to section
776(a) of the Act is warranted.
Moreover, SNCZ failed to act to the best
of its ability to comply with Commerce’s
requests for information within the
meaning of section 776(b) of the Act
regarding these movement expenses.
We, therefore, applied adverse facts
available (AFA) to these movement
expenses, pursuant to section 776(b) of
the Act. As partial AFA, we applied the
highest recalculated amounts, based on
verification findings, for inland freight
to the port and international freight to
the U.S. sales database.4
jbell on DSK3GLQ082PROD with NOTICES
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that 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 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.
Final Negative Determination of
Critical Circumstances
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206, we
preliminarily determined that critical
circumstances did not exist with respect
to imports of strontium chromate from
France because imports were not
massive with respect to SNCZ and all
other producers and exporters. For this
4 For further discussion see Issues and Decision
Memorandum.
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final determination, our determination
remains unchanged from that published
in the Preliminary Determination.
Accordingly, pursuant to section
735(a)(3) of the Act, we find that critical
circumstances do not exist with respect
to imports of strontium chromate from
France. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
53679
margin. These suspension-of-liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
Final Determination
accordance with section 735(b)(2) of the
Act, the ITC will make its final
The final estimated weighted-average
determination as to whether the
dumping margins are as follows:
domestic industry in the United States
Estimated is materially injured, or threatened with
weighted- material injury, by reason of imports, or
average
Exporter or producer
sales (or the likelihood of sales) for
dumping
importation of strontium chromate from
margin
(percent)
France no later than 45 days after this
final determination. If the ITC
Socie´te´ Nouvelle des Couleurs
determines that such injury does not
Zinciques .................................
32.16 exist, this proceeding will be
All Others ....................................
32.16
terminated, and all cash deposits will be
refunded or canceled. If the ITC
Disclosure
determines that such injury does exist,
We intend to disclose the calculations Commerce will issue an antidumping
performed in this final determination
duty order directing CBP to assess, upon
within five days of the date of
further instruction by Commerce,
publication of this notice to parties in
antidumping duties on all imports of the
this proceeding in accordance with 19
subject merchandise entered, or
CFR 351.224(b).
withdrawn from warehouse, for
consumption on or after the effective
Continuation of Suspension of
date of the suspension of liquidation, as
Liquidation
discussed above in the ‘‘Continuation of
In accordance with section
Suspension of Liquidation’’ section.
735(c)(1)(B) of the Act, for this final
Notification Regarding Administrative
determination, we will direct U.S.
Customs and Border Protection (CBP) to Protective Orders
continue to suspend liquidation of all
This notice serves as a reminder to
entries of strontium chromate, as
parties subject to an administrative
described in Appendix I of this notice,
protective order (APO) of their
which are entered, or withdrawn from
responsibility concerning the
warehouse, for consumption on or after
disposition of proprietary information
May 17, 2019, the date of publication in disclosed under APO in accordance
the Federal Register of the affirmative
with 19 CFR 351.305(a)(3). Timely
Preliminary Determination.
written notification of return or
Pursuant to section 735(c)(1)(B)(ii) of
destruction of APO materials, or
the Act and 19 CFR 351.210(d), we will
conversion to judicial protective order,
instruct CBP to require a cash deposit
is hereby requested. Failure to comply
for such entries of merchandise equal to with the regulations and the terms of an
the estimated weighted-average
APO is a sanctionable violation.
dumping margin as follows: (1) The
Notification to Interested Parties
cash deposit rate for the respondents
This determination and this notice are
listed above will be equal to the
respondent-specific estimated weighted- issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
average dumping margin determined in
and 19 CFR 351.210(c).
this final determination; (2) if the
exporter is not a respondent identified
Dated: September 30, 2019.
above but the producer is, then the cash Jeffrey I. Kessler,
deposit rate will be equal to the
Assistant Secretary for Enforcement and
respondent-specific estimated weighted- Compliance.
average dumping margin established for
Appendix I
that producer of the subject
merchandise; and (3) the cash deposit
Scope of the Investigation
rate for all other producers and
The merchandise covered by this
exporters will be equal to the all-others
investigation is strontium chromate,
estimated weighted-average dumping
regardless of form (including but not limited
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Sfmt 4703
E:\FR\FM\08OCN1.SGM
08OCN1
53680
Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Final Negative Determination of Critical
Circumstances
VI. Discussion of Issues
VII. Recommendation
[FR Doc. 2019–21807 Filed 10–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From the
Russian Federation: Preliminary No
Shipments Determination of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on certain hotrolled flat-rolled carbon-quality steel
products (hot-rolled steel) from the
Russian Federation. The period of
review (POR) is December 1, 2017
through November 30, 2018. Interested
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AGENCY:
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parties are invited to comment on these
preliminary results.
DATES: Applicable October 8, 2019.
FOR FURTHER INFORMATION CONTACT:
Preston Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
Background
In response to Commerce’s notice of
opportunity to request an administrative
review on hot-rolled steel from the
Russian Federation,1 Nucor
Corporation, AK Steel Corporation,
ArcelorMittal USA LLC, United States
Steel Corporation, California Steel
Industries, Steel Dynamics, Inc., and
SSAB Enterprises LLC (domestic
interested parties) timely requested an
administrative review with respect to
Novolipetsk Steel (NLMK), Severstal
PAO, and Severstal Export GmbH.2 On
January 28, 2019, Commerce exercised
its discretion to toll all deadlines for
reviews of antidumping duty orders
with December anniversary dates which
were affected by the partial government
shutdown by 31 days.3
On March 14, 2019, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
on hot-rolled steel from the Russian
Federation covering three companies:
NLMK, Severstal PAO, and Severstal
Export GmbH.4 Subsequently, on April
9, 2019, Commerce received a letter
from NLMK reporting that it had no
exports, sales, or entries of subject
merchandise into the United States
during the POR.5 On April 18, 2019,
Commerce received a letter from
Severstal PAO reporting it had no
exports, sales, or entries of subject
merchandise into the United States
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 62293
(December 3, 2018).
2 See Domestic Interested Parties’ Letter, ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from Russia:
Request for Administrative Review,’’ dated
December 31, 2018.
3 See Memorandum to the Record from Steven
Presing, ‘‘December Order Deadlines Affected by
the Partial Shutdown of the Federal Government,’’
dated August 7, 2019.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
5 See NLMK’s Letter, ‘‘Certification of No
Shipments for Novolipetsk Steel: Administrative
Review of the Antidumping Duty Order on Certain
Hot-Rolled-Carbon-Quality Steel Products from the
Russian Federation 12/1/2017 to 11/30/2018,’’
dated April 9, 2019.
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Frm 00009
Fmt 4703
Sfmt 4703
during the POR.6 Similarly, on April 25,
2019, Commerce received a letter from
Severstal Export GmbH reporting it had
no exports, sales, or entries of subject
merchandise into the United States
during the POR.7 On June 28, 2019, we
transmitted a ‘‘No-Shipment Inquiry’’ to
U.S. Customs and Border Protection
(CBP) regarding NLMK, Severstal PAO,
and Severstal Export GmbH, to which
CBP responded that it found no
shipments of hot-rolled steel from
NLMK, Severstal PAO, and Severstal
Export GmbH during the POR.8
Scope of the Order
For the purposes of this order, ‘‘hotrolled steel’’ means certain hot-rolled
flat-rolled carbon-quality steel products
of a rectangular shape, of a width of 0.5
inch or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers)
regardless of thickness, and in straight
lengths, of a thickness less than 4.75
mm and of a width measuring at least
10 times the thickness.
Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 mm but not exceeding 1,250 mm
and of a thickness of not less than 4
mm, not in coils and without patterns
in relief) of a thickness not less than 4.0
mm is not included within the scope of
this order.
Specifically included in this scope are
vacuum degassed, fully stabilized
(commonly referred to as interstitial-free
(IF)) steels, high strength low alloy
(HSLA) steels, and the substrate for
motor lamination steels. IF steels are
recognized as low carbon steels with
micro-alloying levels of elements such
as titanium and/or niobium added to
stabilize carbon and nitrogen elements.
HSLA steels are recognized as steels
with micro-alloying levels of elements
such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
The substrate for motor lamination
6 See Severstal PAO’s Letter, ‘‘Administrative
Review of the Antidumping Order on Certain HotRolled Carbon-Quality Steel Products from the
Russian Federation: Certification of No Shipments
for PAO Severstal,’’ dated April 18, 2019.
7 See Severstal Export GmbH’s Letter,
‘‘Administrative Review of the Antidumping Order
on Certain Hot-Rolled Carbon-Quality Steel
Products from the Russian Federation: Certification
of No Shipments for JSC Severstal,’’ dated April 25,
2019.
8 See Memorandum, ‘‘Hot-rolled flat-rolled
carbon-quality steel products from the Russia
Federation (Commerce A–821–809; Customs A–
462–809),’’ dated July 1, 2019 (Customs Liaison
Unit Memorandum).
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Agencies
[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53678-53680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21807]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-830]
Strontium Chromate From France: Final Affirmative Determination
of Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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. The final
estimated weighted-average dumping margins are listed below in the
``Final Determination'' section of this notice.
DATES: Applicable October 8, 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
On May 17, 2019, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of strontium chromate from
France, in which we also postponed the final determination until
September 30, 2019.\1\ We invited interested parties to comment on the
Preliminary Determination. A summary of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Strontium Chromate From France: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 84 FR 22438
(May 17, 2019) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Strontium Chromate from France,'' dated
concurrently with, and hereby adopted by this notice (Issues and
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 of this notice.
Scope Comments
During the course of this investigation of strontium chromate from
France, Commerce did not receive scope comments from interested
parties. Therefore, for this final determination, the scope of this
investigation remains unchanged from that published in the Preliminary
Determination.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum accompanying this notice. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice as
Appendix II. 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 it is available to all parties in the Central
Records Unit, room B-8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), during June 2019, we conducted verification of the sales and
cost information submitted by Soci[eacute]t[eacute] Nouvelle des
Couleurs Zinciques (SNCZ), the sole mandatory respondent, for use in
our final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by SNCZ.\3\
---------------------------------------------------------------------------
\3\ For a discussion of our verification findings, see the
following memoranda: ``Verification of the Cost Response of
Soci[eacute]t[eacute] Nouvelle des Couleurs Zinciques in the Less-
than-Fair-Value Investigation of Strontium Chromate from France,''
dated July 18, 2019; and ``Verification of the Sales Response of
Soci[eacute]t[eacute] Nouvelle des Couleurs Zinciques in the
Antidumping Investigation of Strontium Chromate from France,'' dated
July 22, 2019.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to
[[Page 53679]]
the margin calculation for SNCZ. For a discussion of these changes, see
the ``Margin Calculations'' section of the Issues and Decision
Memorandum.
Use of Adverse Facts Available
At verification SNCZ failed to properly support the amounts
reported for inland freight to the port and international freight
expenses in its U.S. sales database. Because SNCZ provided information
that cannot be verified, the use of facts available pursuant to section
776(a) of the Act is warranted. Moreover, SNCZ failed to act to the
best of its ability to comply with Commerce's requests for information
within the meaning of section 776(b) of the Act regarding these
movement expenses. We, therefore, applied adverse facts available (AFA)
to these movement expenses, pursuant to section 776(b) of the Act. As
partial AFA, we applied the highest recalculated amounts, based on
verification findings, for inland freight to the port and international
freight to the U.S. sales database.\4\
---------------------------------------------------------------------------
\4\ For further discussion see Issues and Decision Memorandum.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that 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 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.
Final Negative Determination of Critical Circumstances
In accordance with section 733(e)(1) of the Act and 19 CFR 351.206,
we preliminarily determined that critical circumstances did not exist
with respect to imports of strontium chromate from France because
imports were not massive with respect to SNCZ and all other producers
and exporters. For this final determination, our determination remains
unchanged from that published in the Preliminary Determination.
Accordingly, pursuant to section 735(a)(3) of the Act, we find that
critical circumstances do not exist with respect to imports of
strontium chromate from France. For a full description of the
methodology and results of Commerce's critical circumstances analysis,
see the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Soci[eacute]t[eacute] Nouvelle des Couleurs Zinciques....... 32.16
All Others.................................................. 32.16
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of strontium
chromate, as described in Appendix I of this notice, which are entered,
or withdrawn from warehouse, for consumption on or after May 17, 2019,
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final 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 respondent-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.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation of strontium chromate from France no later than
45 days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits will be refunded or canceled. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
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.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: September 30, 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
[[Page 53680]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Final Negative Determination of Critical Circumstances
VI. Discussion of Issues
VII. Recommendation
[FR Doc. 2019-21807 Filed 10-7-19; 8:45 am]
BILLING CODE 3510-DS-P