Notice2023-04604
Barium Chloride From India: Countervailing Duty Order
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
March 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on barium chloride from India.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14120-14122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04604]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-909]
Barium Chloride From India: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on barium chloride from
India.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Harrison Tanchuck,
AD/CVD Operations, Office VI, Enforcement and Compliance, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-1121 and (202) 482-4798, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on January 6, 2023, Commerce published its
affirmative final determination in the countervailing duty
investigation of barium chloride from India.\1\ On February 17, 2023,
the ITC notified Commerce of its final determination, pursuant to
sections 705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the
United States is materially injured by reason of subsidized imports of
barium chloride from India.\2\
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\1\ See Barium Chloride From India: Final Affirmative
Countervailing Duty Determination, 88 FR 1044 (January 6, 2021)
(Final Determination).
\2\ See ITC's Letter, ``Investigation No. 701-TA-678 (Final),''
dated February 17, 2023 (ITC Notification Letter); see also Barium
Chloride from India, 88 FR 11476 (February 23, 2023).
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Scope of the Order
The scope of the order is barium chloride from India. For a
complete description of the scope of this order, see the appendix to
this notice.
Countervailing Duty Order
As noted above, on February 17, 2023, in accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its
final determination in this investigation, in which it found that an
industry in the United States is materially injured by reason of
imports of barium chloride from India. Therefore, in accordance with
sections 705(c)(2) and 706 of the Act, Commerce is issuing this
countervailing duty order. Because the ITC determined that imports of
barium chloride from India are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of countervailing duties.
In accordance with section 706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by Commerce, countervailing duties for all relevant entries
of barium chloride from India. With the exception of entries occurring
after the provisional measures period and before the publication of the
ITC's final affirmative injury determination, as further described
below, countervailing duties will be assessed on unliquidated entries
of barium chloride from India entered, or withdrawn from warehouse, for
consumption on or after June 17, 2022, the date of publication of the
Preliminary Determination.\3\
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\3\ 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).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will direct CBP
to
[[Page 14121]]
reinstitute the suspension of liquidation of barium chloride from
India, effective on the date of publication of the ITC's notice of
final determination in the Federal Register. These instructions will
remain in effect until further notice. Commerce also intends, pursuant
to section 706(a)(1) of the Act, to instruct CBP to assess
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates below. On or
after the publication of the ITC's final injury determination in the
Federal Register, CBP must require, at the same time as importers would
normally deposit estimated import duties on this merchandise, a cash
deposit equal to the rates listed in the table below. The all-others
rate applies to all producers or exporters not specifically listed, as
appropriate.
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Subsidy
Company rate
(percent)
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Chaitanya Chemicals \4\..................................... 23.57
All-Others.................................................. 23.57
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Provisional Measures
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\4\ As discussed in the Final Determination and accompanying
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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Section 703(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination, which was
affirmative, on June 17, 2022. Therefore, entries of barium chloride
from India made on or after October 15, 2022, and prior to the date of
publication of the ITC's final determination in the Federal Register,
are not subject to the assessment of countervailing duties due to
Commerce's discontinuation of the suspension of liquidation.
In accordance with section 703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation and to liquidate, without
regard to countervailing duties, unliquidated entries of barium
chloride from India, entered, or withdrawn from warehouse, for
consumption, on or after October 15, 2022, the date on which the
provisional measures period expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 30, 2021, Commerce published the final rule entitled:
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws in the Federal Register.\5\ On September
27, 2021, Commerce also published the notice entitled: Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions in
the Federal Register.\6\ The Final Rule and Procedural Guidance provide
that Commerce will maintain an annual inquiry service list for each
order or suspended investigation, and any interested party submitting a
scope ruling application or request for circumvention inquiry shall
serve a copy of the application or request on the persons on the annual
inquiry service list for that order, as well as any companion order
covering the same merchandise from the same country of origin.\7\
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\5\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\6\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\7\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \8\
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\8\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
published in the Federal Register in January, the relevant segment
and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the opportunity notice for the anniversary month of the order is
published in the Federal Register.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \9\ Accordingly, as stated
above, the petitioner and the Government of India (GOI) should submit
their initial entry of appearance after publication of this notice in
order to appear in the first annual inquiry service list. Pursuant to
19 CFR 351.225(n)(3), the petitioner and the GOI will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the GOI are responsible for making amendments to their entries of
appearance during the annual update to the annual inquiry service list
in accordance with the procedures described above.
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\9\ See Final Rule, 86 FR at 52335.
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Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to barium chloride from India, pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>. This order is published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
[[Page 14122]]
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is barium chloride, a
chemical compound having the formulas BaCl<INF>2</INF> or
BaCl<INF>2</INF>-2H<INF>2</INF>O, 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 order is dispositive.
[FR Doc. 2023-04604 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 7, 2023.
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