[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54714-54715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19315]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-678 and 731-TA-1584 (Final)]


Barium Chloride From India; Scheduling of the Final Phase of 
Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing and antidumping duty investigation Nos. 
701-TA-678 and 731-TA-1584 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of barium chloride from India, provided 
for in subheading 2827.39.45 of the Harmonized Tariff Schedule of the 
United States. The Department of Commerce (``Commerce'') has 
preliminarily determined imports of barium chloride from India to be 
subsidized. In addition, Commerce has made a preliminary negative 
determination of sales at less-than-fair value in the antidumping duty 
investigation of barium chloride from India.

DATED: August 17, 2022.

FOR FURTHER INFORMATION CONTACT: Alejandro Orozco ((202) 205-3177), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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).'' \1\
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    \1\ For Commerce's complete scope, please see 87 FR 50602, 
August 17, 2022.
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    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative 
preliminary determination by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in India of barium chloride.\2\ The investigations were 
requested in petitions filed on January 12, 2022, by Chemical Products 
Corp., Cartersville, Georgia.
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    \2\ While Commerce has preliminarily determined that imports of 
barium chloride from India are not being and are not likely to be 
sold in the United States at less than fair value, the Commission is 
continuing its investigative activities pursuant to Commission rule 
207.21(c).
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on December 
16, 2022, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on January 
5, 2023. Information about the place and form of the hearing, including 
about how to participate in and/or view the hearing, will be posted on 
the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the Commission's website 
periodically for updates. Requests to appear at the hearing should be 
filed in writing with the Secretary to the Commission on or before 
December 28, 2022. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person; the Chairman, or other person 
designated to conduct the investigation, may in their discretion for 
good cause shown, grant such a request. Requests to appear as remote 
witness due to illness or a positive COVID-19 test result may be 
submitted by 3 p.m. the business day prior to the hearing.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to

[[Page 54715]]

appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on December 30, 2022. 
Oral testimony and written materials to be submitted at the public 
hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of 
the Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is December 27, 2022. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
January 11, 2023. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before January 11, 2023. On January 25, 2023, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before January 27, 2023, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 25, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19315 Filed 9-6-22; 8:45 am]
BILLING CODE 7020-02-P