Notice2022-17622
Barium Chloride From India: Preliminary Negative Determination of Sales at Less Than Fair Value, Postponement of Final Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that barium chloride from India is not being, or is not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 158 (Wednesday, August 17, 2022)</title>
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[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50602-50604]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17622]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-908]
Barium Chloride From India: Preliminary Negative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 50603]]
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that barium chloride from India is not being, or is not
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is January 1, 2021, through December
31, 2021. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 17, 2022.
FOR FURTHER INFORMATION CONTACT: Fred Baker, 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) 482-2924.
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 February 8,
2022.\1\ On May 20, 2022, Commerce postponed the preliminary
determination of this investigation until August 10, 2022.\2\
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\1\ See Barium Chloride from India: Initiation of Less-Than-
Fair-Value Investigation, 87 FR 7100 (February 8, 2022) (Initiation
Notice).
\2\ See Barium Chloride from India: Postponement of Preliminary
Determination in the Less-Than-Fair-Value Investigation, 87 FR 30871
(May 20, 2022).
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Barium
Chloride from India'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is barium chloride from
India. 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\ One interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice. On July 6, 2022, Commerce issued its preliminary
determination regarding the scope of the investigation.\6\ For a
summary of the product coverage comments submitted to the record for
this investigation, and accompanying analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum. Based on an
analysis of the comments received, Commerce preliminarily determined to
make no changes to the scope language as it appeared in the Initiation
Notice. See the scope in Appendix I to this notice. Commerce
established a separate briefing schedule for interested parties to
address the preliminary scope determination.\7\ No parties filed scope
case briefs addressing the Preliminary Scope Decision Memorandum.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 7104.
\6\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Barium Chloride from India: Preliminary Scope
Decision Memorandum,'' dated July 6, 2022 (Preliminary Scope
Decision Memorandum).
\7\ Id. at 1.
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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. Normal value 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 Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists:
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\8\ Commerce preliminarily determines that Chaitanya Chemicals
(Chaitanya) and Chaitanya Barium India Pvt Ltd (CBI) should be
treated as a single entity (collectively, Chaitanya/CBI), in
accordance with section 771(33)(A) and (F) of the Act and 19 CFR
351.401(f). See Preliminary Decision Memorandum. For a complete
discussion, see Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum: Less-Than-Fair-Value Investigation of Barium Chloride
from India,'' dated concurrently with this memorandum.
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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Chaitanya Chemicals/Chaitanya Barium India Pvt Ltd \8\. 0.00
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Commerce preliminarily determines that Chaitanya/CBI has not made
sales of barium chloride at LTFV. Further, because Chaitanya/CBI, the
only individually examined respondent in this investigation, is the
only party for which an estimated weighted-average dumping margin has
been calculated for this preliminary determination, Commerce
preliminarily determines that barium chloride from India has not been
sold in the United States at LTFV during the POI, and Commerce is
publishing this notice of a negative preliminary determination.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
barium chloride from India.
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 on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.\9\
[[Page 50604]]
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\10\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\11\ 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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\9\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. The scope
case briefs deadline was July 20, 2022. See Preliminary Scope
Decision Memorandum at 1.
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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 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
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 a
negative preliminary determination, a request for such postponement is
made by the petitioner. Pursuant to 19 CFR 351.210(e), on July 28,
2022, Chemical Products Corporation (the petitioner) requested that
Commerce postpone the final determination in the event of a negative
preliminary determination.\12\ In accordance with section 735(a)(2)(B)
of the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary
determination is negative; (2) the petitioner has requested
postponement of the final determination; and (3) no compelling reasons
for denial exist, Commerce is postponing the final determination.
Accordingly, Commerce will make its final determination no later than
135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
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\12\ See Petitioner's Letter, ``Antidumping Investigation of
Barium Chloride from India: Petitioner's Request for Postponement of
Final Determination,'' dated July 28, 2022.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If Commerce's final determination is affirmative, then
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 imports of barium chloride are materially injuring, or threaten
material injury to, the U.S. industry.
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: August 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is barium
chloride, a chemical compound having the formulas BaCl2 or BaCl2-
2H2O, currently classifiable under subheading 2827.39.4500 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs
purposes, the written description of the scope of this 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. Affiliation/Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-17622 Filed 8-16-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 17, 2022.
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