Notice2023-00086
Barium Chloride From India: Final Affirmative Countervailing Duty 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
January 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of barium chloride from India.
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 1044-1046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00086]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-909]
Barium Chloride From India: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of barium chloride from India.
DATES: Applicable January 6, 2023.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Harrison Tanchuck,
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) 482-1121 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2022, Commerce published the Preliminary Determination
in the Federal Register.\1\ For a complete description of the events
that followed the Preliminary Determination, see the Issues and
Decision Memorandum.\2\ 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 <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
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at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Barium Chloride from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 87 FR 36460
(June 17, 2022) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of the Countervailing Duty Investigation of
Barium Chloride from India,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation
The period of investigation is January 1, 2021, through December
31, 2021.
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
On July 6, 2022, Commerce issued the Preliminary Scope
Memorandum.\3\ Commerce received no comments from interested parties on
the Preliminary Scope Memorandum. Thus, Commerce made no 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
Memorandum).
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found countervailable, Commerce determines that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we conducted virtual verification, via Webex,
to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\5\
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\5\ See Memoranda, ``Verification of the Responses of the
Government of India,'' dated November 8, 2022; and ``Verification of
the Responses of Chaitanya Chemicals and its Affiliates,'' dated
November 8, 2022.
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Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from parties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Chaitanya Chemicals and for all other producers/
exporters. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
We continue to determine the all-others rate using the individual
estimated countervailable subsidy rate determined for Chaitanya
Chemicals, the only individually examined producer/exporter in this
investigation, in accordance with section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Chaitanya Chemicals \6\................................. 23.57
All Others.............................................. 23.57
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Disclosure
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\6\ As discussed in the Issues and Decision Memorandum, Commerce
has found the following company to be cross-owned with Chaitanya
Chemicals: Chaitanya Barium (India) Private Limited.
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Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of any
public announcement, or if there is no public announcement, within five
days of the publication of this notice, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after June 17, 2022, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we will instruct CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after October
15, 2022, but to continue the suspension of liquidation of all entries
of subject merchandise on or after June 17, and on or before October
14, 2022.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above,
in accordance with section 706(a) of the Act. If the ITC determines
that material injury, or threat of material injury, does not exist,
this proceeding will be terminated, and all estimated duties deposited
or securities posted as a result of the suspension of liquidation will
be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of barium
chloride from India. As Commerce's final determination is affirmative,
in accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of barium chloride from India. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO, in accordance with 19
CFR 351.305(a)(3). Timely
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written notification of the return/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 violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) 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. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Andhra Pradesh Mineral Development
Corporation (APMDC) is an Authority Providing a Financial
Contribution
Comment 2: Whether the Provision of Barytes for Less Than
Adequate Remuneration (LTAR) Program is Specific
Comment 3: Whether the Barytes Market in India is Distorted
Comment 4: Which Barytes Value Sources Should Commerce Use to
Construct a Tier Two Benchmark
Comment 5: Which Ocean Freight Values Should Commerce Use to
Construct a Tier Two Benchmark
Comment 6: Which Import Duties Should Commerce Use to Construct
a Tier Two Benchmark
Comment 7: Which Brokerage and Handling Benchmark Calculations
Should Commerce Use to Construct the Tier II Benchmark
Comment 8: Whether There Were Procedural Irregularities in the
Post-Preliminary Analysis that Require an Adjustment to the
Preliminary Determination
Comment 9: Whether Subsidies Received by Barium India Should be
Attributed to Chaitanya
Comment 10: Whether Commerce Used the Incorrect Figure to
Calculate a Benefit for CBI's ``Investment Subsidy'' of 15 Percent
Reimbursement for Investments Under Industrial Development Policy
(IDP) 2020-2023, Industrial Investment Promotion Policy (IIPP) 2010-
2015, or IDP 2015-2020 Program
Comment 11: Whether the Duty Drawback (DDB) Program is
Countervailable
Comment 12: Whether Three Programs Under Investigation Are
Specific
Comment 13: Whether Chaitanya Received Benefits from the
Merchandise Exports from India Scheme (MEIS) during the Period of
Investigation (POI)
Comment 14: Whether Commerce Should Continue to Apply Adverse
Facts Available (AFA) to the ``Reimbursement of Interest Subsidy''
Under IDP 2020-2023, IIPP 2010-2015, or IDP 2015-2020 Program
VIII. Recommendation
[FR Doc. 2023-00086 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 6, 2023.
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