[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50602-50604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17622]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-908]


Barium Chloride From India: Preliminary Negative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


[[Page 50603]]


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
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. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable August 17, 2022.

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

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on February 8, 
2022.\1\ On May 20, 2022, Commerce postponed the preliminary 
determination of this investigation until August 10, 2022.\2\
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    \1\ See Barium Chloride from India: Initiation of Less-Than-
Fair-Value Investigation, 87 FR 7100 (February 8, 2022) (Initiation 
Notice).
    \2\ See Barium Chloride from India: Postponement of Preliminary 
Determination in the Less-Than-Fair-Value Investigation, 87 FR 30871 
(May 20, 2022).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Barium 
Chloride from India'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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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.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ One interested 
party commented on the scope of the investigation as it appeared in the 
Initiation Notice. On July 6, 2022, Commerce issued its preliminary 
determination regarding the scope of the investigation.\6\ For a 
summary of the product coverage comments submitted to the record for 
this investigation, and accompanying analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum. Based on an 
analysis of the comments received, Commerce preliminarily determined to 
make no changes to the scope language as it appeared in the Initiation 
Notice. See the scope in Appendix I to this notice. Commerce 
established a separate briefing schedule for interested parties to 
address the preliminary scope determination.\7\ No parties filed scope 
case briefs addressing the Preliminary Scope Decision Memorandum.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 87 FR at 7104.
    \6\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Barium Chloride from India: Preliminary Scope 
Decision Memorandum,'' dated July 6, 2022 (Preliminary Scope 
Decision Memorandum).
    \7\ Id. at 1.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:
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    \8\ Commerce preliminarily determines 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 Preliminary Decision Memorandum. For a complete 
discussion, see Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum: Less-Than-Fair-Value Investigation of Barium Chloride 
from India,'' dated concurrently with this memorandum.

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Exporter/producer                         average
                                                         dumping  margin
                                                             (percent)
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Chaitanya Chemicals/Chaitanya Barium India Pvt Ltd \8\.            0.00
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    Commerce preliminarily determines that Chaitanya/CBI has not made 
sales of barium chloride at LTFV. Further, because Chaitanya/CBI, the 
only individually examined respondent in this investigation, is the 
only party for which an estimated weighted-average dumping margin has 
been calculated for this preliminary determination, Commerce 
preliminarily determines that barium chloride from India has not been 
sold in the United States at LTFV during the POI, and Commerce is 
publishing this notice of a negative preliminary determination.
    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an affirmative 
preliminary determination of sales at LTFV.

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to 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.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance.\9\

[[Page 50604]]

Interested parties will be notified of the timeline for the submission 
of such case briefs and written comments at a later date. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than seven days after the deadline date for case briefs.\10\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \9\ Case briefs, other written comments, and rebuttal briefs 
submitted by parties in response to this preliminary LTFV 
determination should not include scope-related issues. The scope 
case briefs deadline was July 20, 2022. See Preliminary Scope 
Decision Memorandum at 1.
    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. 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 by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioner. Pursuant to 19 CFR 351.210(e), on July 28, 
2022, Chemical Products Corporation (the petitioner) requested that 
Commerce postpone the final determination in the event of a negative 
preliminary determination.\12\ In accordance with section 735(a)(2)(B) 
of the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary 
determination is negative; (2) the petitioner has requested 
postponement of the final determination; and (3) no compelling reasons 
for denial exist, Commerce is postponing the final determination. 
Accordingly, Commerce will make its final determination no later than 
135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.
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    \12\ See Petitioner's Letter, ``Antidumping Investigation of 
Barium Chloride from India: Petitioner's Request for Postponement of 
Final Determination,'' dated July 28, 2022.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If Commerce's final determination is affirmative, then 
the ITC will determine before the later of 120 days after the date of 
this preliminary determination or 45 days after the final determination 
whether imports of barium chloride are materially injuring, or threaten 
material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: August 10, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Affiliation/Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-17622 Filed 8-16-22; 8:45 am]
BILLING CODE 3510-DS-P