Notice2024-21224
Barium Chloride From the People's Republic of China and India: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke the Antidumping Duty and Countervailing Duty Orders
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
September 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a request from Honeywell International Inc. (Honeywell), the U.S. Department of Commerce (Commerce) is initiating and issuing preliminary results for changed circumstances reviews (CCRs) of the antidumping duty (AD) order on barium chloride from the People's Republic of China (China) and the countervailing duty (CVD) order on barium chloride from India. We preliminarily determine that the AD order on barium chloride from China and the CVD order on barium chloride from India should be revoked, in their entirety. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 181 (Wednesday, September 18, 2024)</title>
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[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76448-76450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21224]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-007, C-533-909]
Barium Chloride From the People's Republic of China and India:
Initiation and Preliminary Results of Changed Circumstances Review and
Intent To Revoke the Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Honeywell International Inc.
(Honeywell), the U.S. Department of Commerce (Commerce) is initiating
and issuing preliminary results for changed circumstances reviews
(CCRs) of the antidumping duty (AD) order on barium chloride from the
People's Republic of China (China) and the countervailing duty (CVD)
order on barium chloride from India. We preliminarily determine that
the AD order on barium chloride from China and the CVD order on barium
chloride from India should be revoked, in their entirety. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT: Sun Cho, AD/CVD Operations, Office V
(China), and Harrison Tanchuck, Office VI, Enforcement and Compliance
(India), International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-6458 and (202) 482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 1984, Commerce issued the AD order on barium
chloride from China, and on March 7, 2023, issued the CVD order on
barium chloride from India.\1\ On August 6 and September 5, 2024,
Honeywell, an importer of barium chloride from China and India,
requested that Commerce conduct expedited CCRs of the AD Order and the
CVD Order, respectively, pursuant to section 751(b)(1)(A) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\2\ Honeywell
stated that it qualifies as an interested party pursuant to section
771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii) as a U.S. importer
of barium chloride.\3\ Honeywell submitted a letter from Chemical
Products Corporation (CPC), the only domestic producer of the subject
merchandise and the petitioner of the underlying Orders, stating that
it is ceasing production of the subject merchandise in the United
States and has ``no objection to Honeywell's changed circumstances
review request.'' \4\ In its requests, Honeywell addressed the
conditions under which Commerce may revoke an order in whole or in part
pursuant to 19 CFR 351.222(g).
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\1\ See Antidumping Duty Order; Barium Chloride from the
People's Republic of China, 49 FR 40635 (October 17, 1984) (AD
Order); and Barium Chloride from India: Countervailing Duty Order,
88 FR 14120 (March 7, 2023) (CVD Order) (collectively, Orders).
\2\ See Honeywell's Letters, ``Barium Chloride from the People's
Republic of China: Changed Circumstances Review Request,'' dated
August 6, 2024 (AD CCR Request); and ``Barium Chloride from India:
Changed Circumstances Review Request,'' dated September 5, 2024 (CVD
CCR Request).
\3\ See AD CCR Request at 2; see also CVD CCR request at 2.
\4\ See AD CCR Request at 3 and Exhibit 1; see also CVD CCR
request at 5 and Exhibit 4.
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Scope of the Orders
The merchandise covered by the Orders is barium chloride, a
chemical compound having the formulas BaC12 or BaC12-2H20, currently
classifiable under subheading 2827.39.4500 of the Harmonized Tariff
Schedule of the United States (HTSUS).\5\ Although the HTSUS subheading
is provided for convenience and customs purposes, the written
description of the scope of these Orders is dispositive.
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\5\ The scope reflects the HTSUS subheading currently in effect.
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Initiation of CCRs
Section 751(b)(1) of the Act states that Commerce shall conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the order.
Section 751(d)(1) of the Act and 19 CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in whole or in part) if it determines
that producers accounting for substantially all of the production of
the domestic like product have expressed a lack of interest in the
order, in whole or in part.\6\ Further, 19 CFR 351.222(g)(2) provides
that Commerce will conduct a CCR under 19 CFR 351.216, and may revoke
an order, in whole or in part, if
[[Page 76449]]
it determines that revocation is warranted.
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\6\ See section 782(h) of the Act.
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In the event that Commerce determines that ``substantially all''
domestic producers have expressed a lack of interest in an order, both
the Act and Commerce's regulations grant Commerce the authority to
revoke the order.\7\ Commerce has interpreted ``substantially all'' to
represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\8\ Honeywell's requests
indicated that CPC is the sole producer of the domestic like product
and, therefore, accounts for at least 85 percent of domestic
production.\9\ In accordance with section 751(b)(1) of the Act, 19 CFR
351.216(d), 19 CFR 351.221(c)(3), and 19 CFR 351.222(g), we are
initiating these CCRs.
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\7\ Id.; see also 19 CFR 351.222(g).
\8\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
\9\ See AD CCR Request at 2; see also CVD CCR Request at 2-3.
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Section 751(b)(4)(B) of the Act and 19 CFR 351.216(c) state that,
``in the absence of good cause shown,'' Commerce may not review a final
determination less than 24 months after the date of publication of the
notice of final determination or notice of suspension of an
investigation. The final determination in the CVD investigation of
barium chloride from India was published on January 6, 2023.\10\ CPC
has ceased production of the subject merchandise in the United States
and has indicated that it has no interest in the Orders; we find that
these facts constitute ``good cause'' for the conduct of the CCR with
respect to the CVD Order.\11\
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\10\ See Barium Chloride from India: Final Affirmative
Countervailing Duty Determination, 88 FR 1044 (January 6, 2023).
\11\ See 19 CFR 351.216(d); see also Carbon and Certain Alloy
Steel Wire Rod from Canada: Initiation of Countervailing Duty
Changed Circumstances Review, 68 FR 62282, 62283-84 (November 3.
2003) (that ``no further interest . . . in continuing the order . .
. serves as good cause'' sufficient to review a determination made
less than 24 months after the date of publication an order).
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Preliminary Results of CCRs
If Commerce concludes that expedited action is warranted, it may
concurrently publish the notice of initiation and preliminary results
of a CCR.\12\ Commerce has combined the notice of initiation and
preliminary results in CCRs when sufficient documentation has been
provided supporting the request to make a preliminary
determination.\13\
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\12\ See 19 CFR 351.221(c)(3)(ii).
\13\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Initiation and Preliminary Results of Antidumping
and Countervailing Duty Changed Circumstances Reviews, 82 FR 9561
(February 7, 2017), unchanged in Multilayered Wood Flooring from the
People's Republic of China: Final Results of Changed Circumstances
Reviews, 82 FR 14691 (March 22, 2017).
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In this instance, we determine that there is sufficient information
on the record to support preliminary findings of changed
circumstances.\14\ Accordingly, we find that expedited action is
warranted, and we are combining the notice of initiation and the notice
of preliminary results, in accordance with 19 CFR 351.221(c)(3)(ii).
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\14\ See CCR Request at 4.
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In accordance with 19 CFR 351.222(g), Commerce preliminarily
determines that there is a reasonable basis to believe that changed
circumstances exist sufficient to warrant revocation of the Orders.
Therefore, Commerce is notifying the public of its preliminary intent
to revoke the Orders in whole.
Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\15\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
three days after the due date for case briefs.\16\ Interested parties
who submit case briefs or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\17\ Furthermore, any comments submitted by parties must be
submitted to the records of both the AD and the CVD CCRs.
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\15\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\16\ Id.
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In these CCRs, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results of these CCRs. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (September 29, 2023).
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All submissions, with limited exceptions, must be filed
electronically using 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>. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is
due.
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice in the Federal
Register.\20\ Hearing requests should contain the following
information: (1) the party's name, address, and telephone number; (2)
the number of participants; and (3) a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs.\21\ 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 the date and the time of the hearing two days
before the scheduled date.
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\20\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\21\ See 19 CFR 351.310(c).
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Final Results of CCRs
Unless extended, consistent with 19 CFR 351.216(e), Commerce
intends to issue the final results of these CCRs no later than 270 days
after the date on which this review was initiated, or within 45 days of
publication of these preliminary results if all parties agree to the
preliminary findings.
If we make a final determination to revoke the Orders, we will
instruct U.S. Customs and Border Protection (CBP) to discontinue the
suspension of liquidation and the collection of cash deposits of
estimated antidumping duties on entries of barium chloride from China
and estimated countervailing duties on entries of
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barium chloride from India, to liquidate all unliquidated entries that
were entered on or after the day following the last day of the period
covered by the most recently completed administrative review of the
Orders, and are not already subject to automatic liquidation
instructions, without regard to antidumping duties or countervailing
duties, as appropriate, and to refund all antidumping duty and
countervailing duty cash deposits on all such merchandise, with
applicable interest.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with section 751(b)(1) of the Act, 19 CFR
351.216, 19 CFR 351.221(b) and (c)(3), and 19 CFR 351.222(f)(2)(iv).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-21224 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 18, 2024.
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