Strontium Chromate From Austria: Final Results of Antidumping Duty Administrative Review; 2020-2021, 21174-21175 [2023-07422]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21174-21175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07422]



[[Page 21174]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-813]


Strontium Chromate From Austria: Final Results of Antidumping 
Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Habich GmbH (Habich) did not make sales of subject merchandise in the 
United States at prices below normal value during the period of review 
(POR) November 1, 2020, through October 31, 2021.

DATES: Applicable April 10, 2023.

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

SUPPLEMENTARY INFORMATION: 

Background

    On December 2, 2022, Commerce published the preliminary results of 
the 2020-2021 administrative review of the antidumping duty order on 
strontium chromate from Austria.\1\ The administrative review covers 
Habich, the only company for which a review was requested. For the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ Commerce conducted this review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Strontium Chromate from Austria: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2021, 87 FR 74126 
(December 2, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Antidumping Duty Administrative 
Review: Strontium Chromate from Austria,'' dated concurrently with, 
and hereby adopted by, this
    notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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    \3\ See Strontium Chromate from Austria and France: Antidumping 
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
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    The merchandise covered by the Order is strontium chromate from 
Austria. The merchandise subject to review is currently classifiable 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. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed in this administrative review in the Issues and Decision 
Memorandum. A list of the issues addressed in the Issues and Decision 
Memorandum is in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties regarding 
our Preliminary Results and our review of the record to address those 
comments, we made changes to the weighted-average dumping margin 
calculations for Habich, as detailed in the Issues and Decision 
Memorandum.

Final Results of Review

    We determine that the following weighted-average dumping margin for 
Habich exists for the period November 1, 2020, through October 31, 
2021:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
------------------------------------------------------------------------
Habich GmbH............................................            0.00
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    Where the respondent's weighted-average dumping margin is either 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\4\ Accordingly, because the final weighted-average 
dumping margin for Habich in this review is zero percent, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
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    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
Habich where it did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate those entries at the 
all-others rate established in the original less-than-fair-value (LTFV) 
investigation of 25.90 percent ad valorem \5\ if there is no rate for 
the intermediate company(ies) involved in the transaction.\6\
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    \5\ See Order.
    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Habich will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review (i.e., 0.00 percent); (2) for 
merchandise exported by a producer or exporter not covered in this 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
producer or exporter participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original LTFV

[[Page 21175]]

investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers and exporters will continue to be 
25.90 percent ad valorem, the all-others rate established in the LTFV 
investigation.\7\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \7\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the 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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: April 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Commerce's Decision Not to Conduct a Fictitious 
Market Analysis
    Comment 2: Applicable U.S. Sales and Cost Databases
    Comment 3: Changes to the Margin Calculation Program
VI. Recommendation

[FR Doc. 2023-07422 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P