[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Notices]
[Pages 1044-1046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-909]


Barium Chloride From India: Final Affirmative Countervailing Duty 
Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of barium chloride from India.

DATES: Applicable January 6, 2023.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Harrison Tanchuck, 
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) 482-1121 or (202) 
482-7421, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 17, 2022, Commerce published the Preliminary Determination 
in the Federal Register.\1\ For a complete description of the events 
that followed the Preliminary Determination, see the Issues and 
Decision Memorandum.\2\ The Issues and 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 Issues and 
Decision Memorandum can be accessed directly

[[Page 1045]]

at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Barium Chloride from India: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 87 FR 36460 
(June 17, 2022) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination of the Countervailing Duty Investigation of 
Barium Chloride from India,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2021, through December 
31, 2021.

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

    On July 6, 2022, Commerce issued the Preliminary Scope 
Memorandum.\3\ Commerce received no comments from interested parties on 
the Preliminary Scope Memorandum. Thus, Commerce made no 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 
Memorandum).
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs by parties in this investigation, are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by parties, and to which we responded in the Issues and 
Decision Memorandum, see Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we conducted virtual verification, via Webex, 
to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\5\
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    \5\ See Memoranda, ``Verification of the Responses of the 
Government of India,'' dated November 8, 2022; and ``Verification of 
the Responses of Chaitanya Chemicals and its Affiliates,'' dated 
November 8, 2022.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the information received during 
verification and comments received from parties, for this final 
determination, we made certain changes to the countervailable subsidy 
rate calculations for Chaitanya Chemicals and for all other producers/
exporters. For a discussion of these changes, see the Issues and 
Decision Memorandum.

All-Others Rate

    We continue to determine the all-others rate using the individual 
estimated countervailable subsidy rate determined for Chaitanya 
Chemicals, the only individually examined producer/exporter in this 
investigation, in accordance with section 705(c)(5)(A)(i) of the Act.

Final Determination

    Commerce determines that the following estimated net 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Chaitanya Chemicals \6\.................................           23.57
All Others..............................................           23.57
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Disclosure
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    \6\ As discussed in the Issues and Decision Memorandum, Commerce 
has found the following company to be cross-owned with Chaitanya 
Chemicals: Chaitanya Barium (India) Private Limited.
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    Commerce intends to disclose its calculations performed to 
interested parties in this final determination within five days of any 
public announcement, or if there is no public announcement, within five 
days of the publication of this notice, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to collect cash deposits and 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after June 17, 2022, the date of 
publication of the Preliminary Determination in the Federal Register. 
In accordance with section 703(d) of the Act, we will instruct CBP to 
discontinue the suspension of liquidation of all entries of subject 
merchandise entered or withdrawn from warehouse, on or after October 
15, 2022, but to continue the suspension of liquidation of all entries 
of subject merchandise on or after June 17, and on or before October 
14, 2022.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for such entries of subject merchandise in the amounts indicated above, 
in accordance with section 706(a) of the Act. If the ITC determines 
that material injury, or threat of material injury, does not exist, 
this proceeding will be terminated, and all estimated duties deposited 
or securities posted as a result of the suspension of liquidation will 
be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of barium 
chloride from India. As Commerce's final determination is affirmative, 
in accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports of barium chloride from India. In addition, we are making 
available to the ITC all non-privileged and non-proprietary information 
related to this investigation. We will allow the ITC access to all 
privileged and business proprietary information in our files, provided 
the ITC confirms that it will not disclose such information, either 
publicly or under an administrative protective order (APO), without the 
written consent of the Assistant Secretary for Enforcement and 
Compliance.

Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO, in accordance with 19 
CFR 351.305(a)(3). Timely

[[Page 1046]]

written notification of the return/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 violation which is 
subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) 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. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: Whether Andhra Pradesh Mineral Development 
Corporation (APMDC) is an Authority Providing a Financial 
Contribution
    Comment 2: Whether the Provision of Barytes for Less Than 
Adequate Remuneration (LTAR) Program is Specific
    Comment 3: Whether the Barytes Market in India is Distorted
    Comment 4: Which Barytes Value Sources Should Commerce Use to 
Construct a Tier Two Benchmark
    Comment 5: Which Ocean Freight Values Should Commerce Use to 
Construct a Tier Two Benchmark
    Comment 6: Which Import Duties Should Commerce Use to Construct 
a Tier Two Benchmark
    Comment 7: Which Brokerage and Handling Benchmark Calculations 
Should Commerce Use to Construct the Tier II Benchmark
    Comment 8: Whether There Were Procedural Irregularities in the 
Post-Preliminary Analysis that Require an Adjustment to the 
Preliminary Determination
    Comment 9: Whether Subsidies Received by Barium India Should be 
Attributed to Chaitanya
    Comment 10: Whether Commerce Used the Incorrect Figure to 
Calculate a Benefit for CBI's ``Investment Subsidy'' of 15 Percent 
Reimbursement for Investments Under Industrial Development Policy 
(IDP) 2020-2023, Industrial Investment Promotion Policy (IIPP) 2010-
2015, or IDP 2015-2020 Program
    Comment 11: Whether the Duty Drawback (DDB) Program is 
Countervailable
    Comment 12: Whether Three Programs Under Investigation Are 
Specific
    Comment 13: Whether Chaitanya Received Benefits from the 
Merchandise Exports from India Scheme (MEIS) during the Period of 
Investigation (POI)
    Comment 14: Whether Commerce Should Continue to Apply Adverse 
Facts Available (AFA) to the ``Reimbursement of Interest Subsidy'' 
Under IDP 2020-2023, IIPP 2010-2015, or IDP 2015-2020 Program
VIII. Recommendation

[FR Doc. 2023-00086 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-DS-P