Notice2024-25613
Barium Chloride From the People's Republic of China and India: Final Results of Changed Circumstances Reviews and Revocation of 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
November 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is revoking 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.
Full Text
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<title>Federal Register, Volume 89 Issue 214 (Tuesday, November 5, 2024)</title>
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[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87852-87854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25613]
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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:
Final Results of Changed Circumstances Reviews and Revocation of the
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is revoking 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.
DATES: Applicable November 5, 2024.
FOR FURTHER INFORMATION CONTACT: Megan Goins, AD/CVD Operations, Office
V (China), and Harrison Tanchuck, AD/CVD Operations, Office VI (India),
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0884 and (202) 482-7421.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 1984, Commerce issued the AD order on barium
chloride from China, and on March 7, 2023, Commerce issued the CVD
order on barium chloride from India.\1\ On September 18, 2024, Commerce
published the initiation and preliminary results of the changed
circumstances reviews (CCRs) and revocation of the Orders pursuant to
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.216(b) and 19 CFR 351.222.\2\ We invited interested parties
to comment on the Preliminary Results. Honeywell International Inc
(Honeywell) submitted comments agreeing with the Preliminary Results
and stating that Commerce's general practice in these cases is to
liquidate without regard to antidumping and/or countervailing duties,
and to refund any
[[Page 87853]]
estimated antidumping and/or countervailing duties, on all unliquidated
entries of the merchandise covered by a revocation that are not covered
by the final results of an administrative review or automatic
liquidation instructions. Honeywell, therefore, requested that Commerce
revoke the AD Order with an effective date of October 1, 2023, and
revoke the CVD Order with an effective date of June 17, 2022.\3\ We did
not receive comments from any other interested party.
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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 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, 89 FR 76448 (September 18, 2024) (Initiation and
Preliminary Results).
\3\ See Honeywell's Letter, ``Case Brief,'' dated September 25,
2024 (Case Brief).
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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).\4\ 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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\4\ The scope reflects the HTSUS subheading currently in effect.
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Final Results of Changed Circumstances Reviews and Revocation of the
Orders
Because no party submitted comments objecting to the Preliminary
Results of these CCRs, and the record contains no further information
or evidence that weighs against the proposed revocations, Commerce
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and
19 CFR 351.222(g), that there are changed circumstances that warrant
revocation of the Orders. Specifically, in light of Chemical Products
Corporation's (the petitioner) lack of objection to these CCRs, the
petitioner's indication that it does not have an interest in the
Orders,\5\ and the absence of comments from any interested party
opposing the Initiation and Preliminary Results, we find that producers
accounting for substantially all of the production of the domestic like
product to which the Orders pertain lack interest in the relief
provided by the Orders. Accordingly, we are revoking the Orders.
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\5\ See Initiation and Preliminary Results, 89 FR at 76449; see
also Honeywell's Letters, ``Barium Chloride from the People's
Republic of China: Changed Circumstances Review Request,'' dated
August 6, 2024 at 3 and Exhibit 1; and ``Barium Chloride from India:
Changed Circumstances Review Request,'' dated September 5, 2024 at 5
and Exhibit 4.
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Application of the Final Results of the CCRs
Section 751(d)(3) of the Act provides that ``{a{time}
determination under this section to revoke an order . . . shall apply
with respect to unliquidated entries of subject merchandise which are
entered, or withdrawn from warehouse, for consumption on or after the
date determined by the administering authority.'' Commerce's general
practice is to instruct U.S. Customs and Border Protection (CBP) to
liquidate without regard to antidumping or countervailing duties, and
to refund any estimated antidumping or countervailing duties on, all
unliquidated entries of the merchandise covered by a revocation that
are not covered by the final results of an administrative review or
automatic liquidation instruction.\6\ Consistent with our practice, we
are applying the final results of these CCRs to all unliquidated
entries of the merchandise covered by the AD Order which have been
entered, or withdrawn from warehouse, for consumption on or after
October 1, 2023, i.e., the day following the last day of the period
covered by the most recently-completed administrative review of the AD
Order, and that are not already subject to automatic liquidation
instructions; \7\ and to all unliquidated entries covered by the CVD
Order which have been entered, or withdrawn from warehouse, for
consumption on or after January 1, 2024, i.e., the day following the
last day of the period covered by the most recently-completed
administrative review of the CVD Order, and that are not already
subject to automatic liquidation instructions.\8\
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\6\ See, e.g., Certain Pasta from Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final
Results of Antidumping Duty Changed Circumstances Review, and
Determination to Revoke Order in Part: Certain Cased Pencils from
the People's Republic of China, 68 FR 62428 (November 4, 2003).
\7\ See Case Brief at 5; see also Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation; Opportunity To
Request Administrative Review and Join Annual Inquiry Service List,
88 FR 68098 (October 3, 2023); and Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR 84784 (December 6,
2023).
\8\ See Rescission of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 84117 (October 22, 2024) (Rescission
Notice). Honeywell requested that Commerce revoke the CVD Order with
an effective date of the preliminary determination in the underlying
investigation, i.e., June 17, 2022. See Case Brief at 5. However,
because the opportunity to request the first administrative review
occurred in March, 2024, and Commerce issued automatic liquidation
instructions for the period June 17, 2022, through December 31,
2023, on June 18, 2024, it is not appropriate to make the revocation
effective June 17, 2022. Additionally, Honeywell's Case Brief was
submitted prior to the publication of this Rescission Notice.
Honeywell agrees that Commerce should liquidate without regard to
antidumping and/or countervailing duties, and to refund any
estimated antidumping and/or countervailing duties, on all
unliquidated entries of the merchandise covered by a revocation that
are not covered by the final results of an administrative review or
automatic liquidation instruction. See Case Brief at 4. Because
entries made under the CVD Order through December 31, 2023, are
subject to either automatic liquidation or liquidation instructions
pursuant to the Rescission Notice, consistent with Honeywell's
request, the effective date of the revocation of the CVD Order is
January 1, 2024.
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Instructions to CBP
Because we determine that there are changed circumstances that
warrant revocation of the Orders, we will instruct CBP to discontinue
the suspension of liquidation and the collection of cash deposits of
estimated antidumping and countervailing duties, to liquidate all
unliquidated entries that were entered, or withdrawn from warehouse, on
or after October 1, 2023 (AD Order) or January 1, 2024 (CVD Order),
without regard to antidumping and countervailing duties, respectively,
and to refund all antidumping duty and countervailing duty cash
deposits on all such merchandise.
Commerce intends to issue instructions to CBP no earlier than 35
days after the date of publication of these final results and
revocation in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Administrative Protective Order
This notice serves as the final reminder to 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
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with the regulations and terms of an APO is a violation subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1), 751(b), and 777(i) of the Act and 19 CFR
351.213(d)(4), 19 CFR 351.216, and 19 CFR 351.222.
Dated: October 29, 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. 2024-25613 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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