[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Notices]
[Pages 1050-1052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00085]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-908]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) 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.

DATES: Applicable January 6, 2023.

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

    On August 17, 2022, Commerce published the preliminary 
determination in the LTFV investigation of barium chloride from India, 
in which it also postponed the final determination until December 30, 
2022.\1\ Commerce invited interested parties to comment on the 
Preliminary Determination. For a complete description of the events 
that followed the Preliminary Determination, see the Issues and 
Decision Memorandum.\2\
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    \1\ See Barium Chloride from India: Preliminary Negative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, 87 FR 50602 (August 17, 2022) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final Negative 
Determination in the Less-Than-Fair-Value Investigation of Barium 
Chloride from India,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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Scope Comments

    On July 6, 2022, we issued the Preliminary Scope Decision 
Memorandum.\3\ The scope case briefs were due on July 20, 2022.\4\ No 
parties filed scope case briefs addressing the Preliminary Scope 
Decision Memorandum. Therefore, Commerce has not made any changes to 
the scope of this investigation since the Preliminary Determination.
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    \3\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Barium Chloride from India: Preliminary Scope 
Decision Memorandum,'' dated July 6, 2022 (Preliminary Scope 
Decision Memorandum).
    \4\ Id. at 1.
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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.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied on in making its final determination in this 
investigation. However, in September and October 2022, we took 
additional steps in lieu of on-site verifications to verify the 
information relied on in making this final determination, in accordance 
with section 782(i) of the Tariff Act of 1930, as amended (the Act). 
Specifically, Commerce conducted virtual

[[Page 1051]]

verifications of the home market sales, U.S. sales, and cost of 
production responses submitted by Chaitanya/CBI.\5\
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    \5\ Commerce has determined 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 
Issues and Decision Memorandum at 4.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice at Appendix II. The Issues and Decision 
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from interested 
parties, we made certain changes to the margin calculations for 
Chaitanya/CBI. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Determination

    Commerce determines that the final estimated weighted-average 
dumping margin exists for the POI:

------------------------------------------------------------------------
                                             Estimated weighted-average
            Exporter/producer                 dumping margin (percent)
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Chaitanya Chemicals/Chaitanya Barium                               0.00
 India Pvt Ltd...........................
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    Commerce has not calculated an estimated weighted-average dumping 
margin for all other producers and exporters pursuant to sections 
735(c)(1)(B) and (c)(5) of the Act, because it has not made a final 
affirmative determination of sales at LTFV.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of the date of publication of this notice, in accordance with 19 
CFR 351.224(b).

Suspension of Liquidation

    In the Preliminary Determination, the estimated weighted-average 
dumping margin for Chaitanya/CBI was zero percent and, therefore, we 
did not suspend liquidation of entries of barium chloride from 
India.\6\ Because Commerce has made a final negative determination of 
sales at LTFV with regard to the 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.
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    \6\ See Preliminary Determination, 87 FR at 50603.
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U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission of its final negative 
determination of sales at LTFV. As our final determination is negative, 
this proceeding is terminated in accordance with section 735(c)(2) of 
the Act.

Administrative Protective Order

    This notice will serve as a reminder to the 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 with 
the regulations and terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: December 30, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Affiliations
VII. Discussion of the Issues
    Comment 1: Whether a Particular Market Situation (PMS) 
Concerning Barytes Existed in India During the POI
    Comment 2: Application of Total Adverse Facts Available (AFA) 
Because of Chaitanya's Failure to Retain Production Records
    Comment 3: Whether Chaitanya/CBI's Exclusion of Sales to a 
Particular Home Market Customer from Its Home Market Sales Listing 
Is Appropriate
    Comment 4: Whether the Application of Total AFA Because of 
Incorrect Reporting of Control Number (CONNUM) for a Home Market 
Sale is Warranted
    Comment 5: Incorrect Reporting of Packing Costs
    Comment 6: Incorrect Reporting of Interest Rate for U.S. Imputed 
Credit Expenses and Inventory Carrying Costs
    Comment 7: Whether Commerce Should Disallow Chaitanya's By-
Product Offset
    Comment 8: Inclusion of Goods and Services Tax (GST) in the Home 
Market Gross Unit Price
    Comment 9: Whether the Average-to-Average Margin Calculation 
Methodology is Appropriate
    Comment 10: Whether Commerce Should Revise Chaitanya's General 
and Administrative (G&A) Expense Rate to Include Certain Expenses 
Improperly Excluded
    Comment 11: Whether Commerce Should Make Various Adjustments to 
Chaitanya's Reported Cost Data as Noted in the Cost Verification 
Report
    Comment 12: Whether Commerce Should Revise Chaitanya's Financial 
Expense Ratio to Disallow an Interest Income Offset
    Comment 13: Comments on the Verification Report

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VIII. Recommendation

[FR Doc. 2023-00085 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-DS-P