89 FR 99 pgs. 44631-44633 - Strontium Chromate From Austria: Final Results of Antidumping Duty Administrative Review; 2021-2022
Type: NOTICEVolume: 89Number: 99Pages: 44631 - 44633
Pages: 44631, 44632, 44633Docket number: [A-433-813]
FR document: [FR Doc. 2024-11084 Filed 5-20-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813]
Strontium Chromate From Austria: Final Results of Antidumping Duty Administrative Review; 2021-2022
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, 2021, through October 31, 2022.
DATES:
Applicable May 21, 2024.
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 6, 2022, Commerce published the Preliminary Results. 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
Footnotes:
1 ? See Strontium Chromate from Austria: Preliminary Results of Antidumping Administrative Review; 2020-2021, 88 FR 84777 (December 6, 2023) (Preliminary Results) .
2 ? See Memorandum, "Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Strontium Chromate from Austria; 2021-2022," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Commerce conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order? 3
Footnotes:
3 ? See Strontium Chromate from Austria and France: Antidumping Duty Orders, 84 FR 65349 (November 27, 2019) ( Order ).
The merchandise covered by the Order is strontium chromate from Austria. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
[top] We addressed all issues raised in the case and rebuttal briefs filed in this
Changes Since the Preliminary Results
Based on our evaluation of the comments received from interested parties regarding our Preliminary Results and our review of the record to address those comments, we made no changes to the weighted-average dumping margin calculation for Habich, as detailed in the Issues and Decision Memorandum. 4
Footnotes:
4 ? See Issues and Decision Memorandum at Comments 1 through 3.
Final Results of Review
We determine that the following estimated weighted-average dumping margin for Habich exists for the period November 1, 2021 through October 31, 2022:
| Exporter/producer | Weighted- average dumping margin (percent) |
|---|---|
| Habich GmbH | 0.00 |
Disclosure
Normally, Commerce discloses the calculations performed for the 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). However, because we made no changes to the preliminary calculations, there are no new calculations to disclose for the final results.
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. 5 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.
Footnotes:
5 ? 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).
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, 6 if there is no rate for the intermediate company(ies) involved in the transaction. 7
Footnotes:
6 ? See Order.
7 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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 less-than-fair-value (LTFV) 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. 8 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
8 ? See Order.
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.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to administrative protective orders (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: May 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance.
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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: Whether Commerce Fully Investigated Habich's Relationship With Its U.S. Customer and Should Revise Its Close Supplier Analysis
Comment 2: Whether Commerce Properly Analyzed If Habich's Sales to Mexico Are Within the Ordinary Course of Trade
Comment 3: Whether Commerce Should Revise Habich's Reported Costs
VI. Recommendation
[FR Doc. 2024-11084 Filed 5-20-24; 8:45 am]
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