Sodium Sulfate Anhydrous From Canada: 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, 60375-60377 [2019-24392]
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
emailed to David Barreras at dbarreras@
usccr.gov. Persons who desire
additional information may contact the
Committee Management Office at (312)
353–8311.
Records generated from this meeting
may be inspected and reproduced at the
Committee Management Office, as they
become available, both before and after
the meeting. Records of the meeting will
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under the Commission on Civil Rights,
Indiana Advisory Committee link.
Persons interested in the work of this
Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit Office at the
above email or street address.
Davina Friedmann, 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) 482–0698.
SUPPLEMENTARY INFORMATION:
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is
preliminarily not modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Background
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.
International Trade Administration
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
on April 24, 2019.1 On August 15, 2019,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 24,
2019.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 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 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.
[A–122–866]
Scope of the Investigation
Sodium Sulfate Anhydrous From
Canada: 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
The product covered by this
investigation is sodium sulfate from
Canada. For a complete description of
the scope of this investigation, see
Appendix I.
Agenda
Welcome and Introductions
Discussion: Lead Poisoning of Indiana’s
Children
Public Comment
Adjournment
Exceptional Circumstance: Pursuant
to 41 CFR 102–3.150, the notice for this
meeting is given less than 15 calendar
days prior to the meeting because of the
exceptional circumstances of a logistical
challenge with the meeting location.
Dated: November 4, 2019.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2019–24352 Filed 11–7–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sodium sulfate anhydrous (sodium
sulfate) from Canada is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is January 1, 2018
through December 31, 2018. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable November 8, 2019.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
1 See Sodium Sulfate Anhydrous from Canada:
Initiation of Less-Than-Fair-Value Investigation, 84
FR 17138 (April 24, 2019) (Initiation Notice).
2 See Sodium Sulfate Anhydrous from Canada:
Postponement of Preliminary Determination in the
Less-Than-Fair-Value Investigation, 84 FR 43580
(August 21, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Sodium Sulfate
Anhydrous from Canada’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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Preliminary Affirmative 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
Saskatchewan Mining and Minerals Inc.
(SMM), or for all other producers and
exporters. 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 SMM, the only individually
examined exporter/producer in this
investigation. Because 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 SMM is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
5 See
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Initiation Notice, 84 FR at 17139.
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
after the date on which the last
verification report is issued in this
Commerce preliminarily determines
investigation. Rebuttal briefs, limited to
that the following estimated weightedissues raised in case briefs, may be
average dumping margins exist:
submitted no later than five days after
the deadline date for case briefs.6
Estimated
Pursuant to 19 CFR 351.309(c)(2) and
weightedExporter/producer
average dumping (d)(2), parties who submit case briefs or
margin
rebuttal briefs in this investigation are
(percent)
encouraged to submit with each
argument: (1) A statement of the issue;
Saskatchewan Mining
and Minerals Inc .........
9.85 (2) a brief summary of the argument;
All Others ........................
9.85 and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Suspension of Liquidation
hearing, limited to issues raised in the
In accordance with section 733(d)(2)
case and rebuttal briefs, must submit a
of the Act, Commerce will direct U.S.
written request to the Assistant
Customs and Border Protection (CBP) to Secretary for Enforcement and
suspend liquidation of entries of subject Compliance, U.S. Department of
merchandise, as described in Appendix Commerce, within 30 days after the date
I, entered, or withdrawn from
of publication of this notice. Requests
warehouse, for consumption on or after
should contain the party’s name,
the date of publication of this notice in
address, and telephone number, the
the Federal Register. Further, pursuant
number of participants, whether any
to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a
CFR 351.205(d), Commerce will instruct list of the issues to be discussed. If a
CBP to require a cash deposit equal to
request for a hearing is made, Commerce
the estimated weighted-average
intends to hold the hearing at the U.S.
dumping margin or the estimated allDepartment of Commerce, 1401
others rate, as follows: (1) The cash
Constitution Avenue NW, Washington,
deposit rate for SMM will be equal to
DC 20230, at a time and date to be
the company-specific estimated
determined. Parties should confirm by
weighted-average dumping margin
telephone the date, time, and location of
determined in this preliminary
the hearing two days before the
determination; (2) if the exporter is not
scheduled date.
a respondent identified above, but the
producer is SMM, then the cash deposit Postponement of Final Determination
and Extension of Provisional Measures
rate will be equal to the companyspecific estimated weighted-average
Section 735(a)(2) of the Act provides
dumping margin established for SMM;
that a final determination may be
and (3) the cash deposit rate for all other postponed until not later than 135 days
producers or exporters will be equal to
after the date of the publication of the
the all-others estimated weightedpreliminary determination if, in the
average dumping margin. These
event of an affirmative preliminary
suspension of liquidation instructions
determination, a request for such
will remain in effect until further notice. postponement is made by exporters who
account for a significant proportion of
Disclosure
exports of the subject merchandise, or in
Commerce intends to disclose its
the event of a negative preliminary
calculations and analysis performed to
determination, a request for such
interested parties in this preliminary
postponement is made by the petitioner.
determination within five days of any
Section 351.210(e)(2) of Commerce’s
public announcement or, if there is no
regulations requires that a request by
public announcement, within five days
exporters for postponement of the final
of the date of publication of this notice
determination be accompanied by a
in accordance with 19 CFR 351.224(b).
request for extension of provisional
measures from a four-month period to a
Verification
period not more than six months in
As provided in section 782(i)(1) of the duration.
Act, Commerce intends to verify the
On October 1, 2019, and October 2,
information relied upon in making its
2019, pursuant to 19 CFR 351.210(e),
final determination.
SMM and the petitioners requested that
Commerce postpone the final
Public Comment
determination and that provisional
Case briefs or other written comments measures be extended to a period not to
may be submitted to the Assistant
Secretary for Enforcement and
6 See 19 CFR 351.309; see also 19 CFR 351.303
Compliance no later than seven days
(for general filing requirements).
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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 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.8
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: October 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The scope of this investigation covers
sodium sulfate (Na2SO4) (Chemical Abstracts
Service (CAS) Number 7757–82–6) that is
anhydrous (i.e., containing no water),
regardless of purity, grade, color, production
method, and form of packaging, in which the
percentage of particles between 20 mesh and
100 mesh, based on U.S. mesh series screens,
ranges from 10–95% and the percentage of
particles finer than 100 mesh, based on U.S.
mesh series screens, ranges from 5–90%.
Excluded from the scope of this
investigation are specialty sodium sulfate
anhydrous products, which are products
whose particle distributions fall outside the
described ranges. Glauber’s salt
(Na2SO4·10H2O), also known as sodium
sulfate decahydrate, an intermediate product
7 See SMM’s Letter, ‘‘Antidumping Duty
Investigation of Sodium Sulfate Anhydrous from
Canada: Request for Postponement of Final
Determination and Provisional Measures Period,’’
dated October 1, 2019; see also Petitioners’ Letter,
‘‘Sodium Sulfate Anhydrous from Canada:
Petitioner’s Consent to Postponement of the Final
Determination,’’ dated October 2, 2019.
8 See section 735(b)(2) of the Act.
E:\FR\FM\08NON1.SGM
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
in the production of sodium sulfate
anhydrous that has no known commercial
uses, is not included within the scope of the
investigation, although some end-users may
mistakenly refer to sodium sulfate anhydrous
as Glauber’s salt. Other forms of sodium
sulfate that are hydrous (i.e., containing
water) are also excluded from the scope of
the investigation.
The merchandise subject to this
investigation is classifiable under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2833.11.5010.
Subject merchandise may also be classified
under 2833.11.1000, 2833.11.5050, and
2833.19.0000. Although the HTSUS
subheadings and CAS registry number are
provided for convenience and customs
purposes, the written description of the
scope of the investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Postponement of Final Determination and
Extension of Provisional Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Preliminary Negative Determination of
Critical Circumstances, In Part
X. Currency Conversion
XI. Verification
XII. Conclusion
[FR Doc. 2019–24392 Filed 11–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–882]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that POSCO received countervailable
subsidies that are above de minimis and
that Hyundai Steel Co., Ltd. (Hyundai
Steel) received countervailable
subsidies that are de minimis. The
period of review (POR) is January 1,
2017 through December 31, 2017. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Moses Song, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
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AGENCY:
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Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3813 and (202) 482–7885,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on certain
cold-rolled steel flat products (coldrolled steel) from the Republic of
Korea.1 On July 8, 2019, Commerce
extended the deadline for the
preliminary results of this review to no
later than November 1, 2019.2 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
appendix 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 is available to all
parties in the Central Records Unit,
room B8024 of the main 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 electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Order
The merchandise covered by the order
is cold-rolled steel. For a complete
description of the scope of the order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government-provided
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411, 57418 (November 15, 2018).
2 See Memorandum, ‘‘Certain Cold-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2017,’’
dated July 8, 2019.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review; 2017: Certain Cold-Rolled
Steel Flat Products from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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60377
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.4 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any zero, de
minimis, or rates based entirely on facts
available. In this review, the only
preliminary subsidy rate above de
minimis is the rate calculated for
POSCO. Therefore, for the companies
for which a review was requested that
were not selected as mandatory
respondents, for which we did not
receive a timely request for withdrawal
of review, and for which we are not
finding to be cross-owned with the
mandatory company respondents, we
are applying the subsidy rate calculated
for POSCO.
Preliminary Results of Review
In accordance with 19 CFR
351.224(b)(4)(i), we calculated
individual subsidy rates for Hyundai
Steel and POSCO. For the POR, we
preliminarily determine that the net
subsidy rates for the producers/
exporters under review to be as follows:
Company
POSCO 5 ...................................
Hyundai Steel Co., Ltd .............
Dongbu Steel Co., Ltd ..............
Dongbu Incheon Steel Co., Ltd
Dongkuk Steel Mill Co., Ltd ......
Dongkuk Industries Co., Ltd .....
Euro Line Global Co., Ltd .........
Subsidy
rate
(percent
ad valorem)
0.59
0.45
0.59
0.59
0.59
0.59
0.59
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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]]>Agencies
[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60375-60377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24392]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-866]
Sodium Sulfate Anhydrous From Canada: 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 sodium sulfate anhydrous (sodium sulfate) from Canada is being, or
is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2018 through
December 31, 2018. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, 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) 482-0698.
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 on April 24,
2019.\1\ On August 15, 2019, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
October 24, 2019.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ 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
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.
---------------------------------------------------------------------------
\1\ See Sodium Sulfate Anhydrous from Canada: Initiation of
Less-Than-Fair-Value Investigation, 84 FR 17138 (April 24, 2019)
(Initiation Notice).
\2\ See Sodium Sulfate Anhydrous from Canada: Postponement of
Preliminary Determination in the Less-Than-Fair-Value Investigation,
84 FR 43580 (August 21, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Sodium
Sulfate Anhydrous from Canada'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is sodium sulfate from
Canada. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is preliminarily not modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 84 FR at 17139.
---------------------------------------------------------------------------
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 Affirmative 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 Saskatchewan Mining and Minerals Inc. (SMM), or for all other
producers and exporters. 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 SMM, the only individually examined exporter/
producer in this investigation. Because 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 SMM is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
[[Page 60376]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted- average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Saskatchewan Mining and Minerals Inc................. 9.85
All Others........................................... 9.85
------------------------------------------------------------------------
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 SMM 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 SMM, then the cash deposit rate
will be equal to the company-specific estimated weighted-average
dumping margin established for SMM; and (3) the cash deposit rate for
all other producers or 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 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.\6\ 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.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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 October 1, 2019, and October 2, 2019, pursuant to 19 CFR
351.210(e), SMM and the petitioners 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 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.
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\7\ See SMM's Letter, ``Antidumping Duty Investigation of Sodium
Sulfate Anhydrous from Canada: Request for Postponement of Final
Determination and Provisional Measures Period,'' dated October 1,
2019; see also Petitioners' Letter, ``Sodium Sulfate Anhydrous from
Canada: Petitioner's Consent to Postponement of the Final
Determination,'' dated October 2, 2019.
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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.\8\
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\8\ See section 735(b)(2) of the Act.
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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: October 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation covers sodium sulfate
(Na2SO4) (Chemical Abstracts Service (CAS)
Number 7757-82-6) that is anhydrous (i.e., containing no water),
regardless of purity, grade, color, production method, and form of
packaging, in which the percentage of particles between 20 mesh and
100 mesh, based on U.S. mesh series screens, ranges from 10-95% and
the percentage of particles finer than 100 mesh, based on U.S. mesh
series screens, ranges from 5-90%.
Excluded from the scope of this investigation are specialty
sodium sulfate anhydrous products, which are products whose particle
distributions fall outside the described ranges. Glauber's salt
(Na2SO4[middot]10H2O), also known
as sodium sulfate decahydrate, an intermediate product
[[Page 60377]]
in the production of sodium sulfate anhydrous that has no known
commercial uses, is not included within the scope of the
investigation, although some end-users may mistakenly refer to
sodium sulfate anhydrous as Glauber's salt. Other forms of sodium
sulfate that are hydrous (i.e., containing water) are also excluded
from the scope of the investigation.
The merchandise subject to this investigation is classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 2833.11.5010. Subject merchandise may also be classified
under 2833.11.1000, 2833.11.5050, and 2833.19.0000. Although the
HTSUS subheadings and CAS registry number are provided for
convenience and customs purposes, the written description of the
scope of the investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Postponement of Final Determination and Extension of Provisional
Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Preliminary Negative Determination of Critical Circumstances, In
Part
X. Currency Conversion
XI. Verification
XII. Conclusion
[FR Doc. 2019-24392 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P
