Notice2023-00085
Barium Chloride From India: Final Negative Determination of Sales at Less Than Fair Value
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
January 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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.
Full Text
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<title>Federal Register, Volume 88 Issue 4 (Friday, January 6, 2023)</title>
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[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Notices]
[Pages 1050-1052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00085]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-908]
Barium Chloride From India: Final Negative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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.
DATES: Applicable January 6, 2023.
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
On August 17, 2022, Commerce published the preliminary
determination in the LTFV investigation of barium chloride from India,
in which it also postponed the final determination until December 30,
2022.\1\ Commerce invited interested parties to comment on the
Preliminary Determination. For a complete description of the events
that followed the Preliminary Determination, see the Issues and
Decision Memorandum.\2\
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\1\ See Barium Chloride from India: Preliminary Negative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, 87 FR 50602 (August 17, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final Negative
Determination in the Less-Than-Fair-Value Investigation of Barium
Chloride from India,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Scope Comments
On July 6, 2022, we issued the Preliminary Scope Decision
Memorandum.\3\ The scope case briefs were due on July 20, 2022.\4\ No
parties filed scope case briefs addressing the Preliminary Scope
Decision Memorandum. Therefore, Commerce has not made any changes to
the scope of this investigation since the Preliminary Determination.
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\3\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Barium Chloride from India: Preliminary Scope
Decision Memorandum,'' dated July 6, 2022 (Preliminary Scope
Decision Memorandum).
\4\ Id. at 1.
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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.
Verification
Commerce was unable to conduct on-site verification of the
information relied on in making its final determination in this
investigation. However, in September and October 2022, we took
additional steps in lieu of on-site verifications to verify the
information relied on in making this final determination, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted virtual
[[Page 1051]]
verifications of the home market sales, U.S. sales, and cost of
production responses submitted by Chaitanya/CBI.\5\
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\5\ Commerce has determined 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
Issues and Decision Memorandum at 4.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice at Appendix II. The Issues and Decision
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties, we made certain changes to the margin calculations for
Chaitanya/CBI. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Determination
Commerce determines that the final estimated weighted-average
dumping margin exists for the POI:
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Estimated weighted-average
Exporter/producer dumping margin (percent)
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Chaitanya Chemicals/Chaitanya Barium 0.00
India Pvt Ltd...........................
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Commerce has not calculated an estimated weighted-average dumping
margin for all other producers and exporters pursuant to sections
735(c)(1)(B) and (c)(5) of the Act, because it has not made a final
affirmative determination of sales at LTFV.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of the date of publication of this notice, in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the estimated weighted-average
dumping margin for Chaitanya/CBI was zero percent and, therefore, we
did not suspend liquidation of entries of barium chloride from
India.\6\ Because Commerce has made a final negative determination of
sales at LTFV with regard to the 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.
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\6\ See Preliminary Determination, 87 FR at 50603.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission of its final negative
determination of sales at LTFV. As our final determination is negative,
this proceeding is terminated in accordance with section 735(c)(2) of
the Act.
Administrative Protective Order
This notice will serve as a reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: December 30, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Affiliations
VII. Discussion of the Issues
Comment 1: Whether a Particular Market Situation (PMS)
Concerning Barytes Existed in India During the POI
Comment 2: Application of Total Adverse Facts Available (AFA)
Because of Chaitanya's Failure to Retain Production Records
Comment 3: Whether Chaitanya/CBI's Exclusion of Sales to a
Particular Home Market Customer from Its Home Market Sales Listing
Is Appropriate
Comment 4: Whether the Application of Total AFA Because of
Incorrect Reporting of Control Number (CONNUM) for a Home Market
Sale is Warranted
Comment 5: Incorrect Reporting of Packing Costs
Comment 6: Incorrect Reporting of Interest Rate for U.S. Imputed
Credit Expenses and Inventory Carrying Costs
Comment 7: Whether Commerce Should Disallow Chaitanya's By-
Product Offset
Comment 8: Inclusion of Goods and Services Tax (GST) in the Home
Market Gross Unit Price
Comment 9: Whether the Average-to-Average Margin Calculation
Methodology is Appropriate
Comment 10: Whether Commerce Should Revise Chaitanya's General
and Administrative (G&A) Expense Rate to Include Certain Expenses
Improperly Excluded
Comment 11: Whether Commerce Should Make Various Adjustments to
Chaitanya's Reported Cost Data as Noted in the Cost Verification
Report
Comment 12: Whether Commerce Should Revise Chaitanya's Financial
Expense Ratio to Disallow an Interest Income Offset
Comment 13: Comments on the Verification Report
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VIII. Recommendation
[FR Doc. 2023-00085 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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