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Petition Filed for New AD/CVD on Chromic Acid From Turkey and India

A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting antidumping and countervailing duties be imposed on chromic acid imported from Turkey and India. Commerce now will decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. American Chrome & Chemicals, Inc. requested the investigation.

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The petitioners said that chromic acid, also known as chromium trioxide, is "typically (but not exclusively) used for wood preservation, metal finishing, and plating."

Proposed Scope

The petition proposes the following scope for the investigations:

"The merchandise subject to these investigations is chromium trioxide (Chemical Abstracts Services (“CAS”) registry number 1333-82-0), regardless of form (dry or solution). Chromium trioxide is an inorganic compound with the molecular formula CrO3 in dry form.

"The product in dry form is generally referred to as chromium trioxide, which is the acidic anhydride of chromic acid. Chromium trioxide in solution form may be referred to as chromic acid. However, the dry form may also be marketed under the name chromic acid.

"A non-exhaustive list of other names used for the subject merchandise includes: chromic anhydride, chromic trioxide, chromium (VI) oxide, monochromium trioxide, chromia, chromium (VI) trioxide, trioxochromium, and chromtrioxid. A non-exhaustive list of trade names for the subject merchandise includes: 11910080KROMSAV-ANHIDRID IP, Aktivkohle, imprägniert, Typ PLWK, Chromsaure, and Chroomzuur.

"All chromium trioxide is covered by the scope of these petitions irrespective of purity, particle size, or physical form. Chromium trioxide is generally imported in dry form, including in the form of pellets, flakes, powders, or beads, but the scope includes chromium trioxide in solution form.

"Chromium trioxide that has been blended with another product or products is included in the scope if the resulting mix contains 90 percent or more of chromium trioxide by total formula weight. If chromium trioxide is imported blended with another product, only the chromium trioxide content of the blend is included within the scope.

"Subject merchandise also includes chromium trioxide that has been processed in a third country into a product that otherwise would be within the scope of this investigation, i.e., if any such further processing would not otherwise remove the merchandise from the scope of the investigation it is included in the scope of the investigation. For example, the dry form of the subject merchandise may be imported into a third country and then processed into solution before shipment to the United States. Such a solution would be subject to the scope.

"The subject merchandise is provided for in subheading 2819.10.0000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). In addition to 1333 82-0, import documentation may also reflect CAS registry numbers 12324-05-9, 12324-08-2, and 1362947-20-3. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the scope is dispositive.”

ITC and Commerce to Accept Comments Before Initiating Investigation

The Commerce Department and the ITC will accept comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, the ITC and Commerce will initiate AD/CVD investigations.