[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14120-14122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04604]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-909]


Barium Chloride From India: Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing a countervailing duty order on barium chloride from 
India.

DATES: Applicable March 7, 2023.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Harrison Tanchuck, 
AD/CVD Operations, Office VI, Enforcement and Compliance, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-1121 and (202) 482-4798, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on January 6, 2023, Commerce published its 
affirmative final determination in the countervailing duty 
investigation of barium chloride from India.\1\ On February 17, 2023, 
the ITC notified Commerce of its final determination, pursuant to 
sections 705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the 
United States is materially injured by reason of subsidized imports of 
barium chloride from India.\2\
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    \1\ See Barium Chloride From India: Final Affirmative 
Countervailing Duty Determination, 88 FR 1044 (January 6, 2021) 
(Final Determination).
    \2\ See ITC's Letter, ``Investigation No. 701-TA-678 (Final),'' 
dated February 17, 2023 (ITC Notification Letter); see also Barium 
Chloride from India, 88 FR 11476 (February 23, 2023).
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Scope of the Order

    The scope of the order is barium chloride from India. For a 
complete description of the scope of this order, see the appendix to 
this notice.

Countervailing Duty Order

    As noted above, on February 17, 2023, in accordance with sections 
705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its 
final determination in this investigation, in which it found that an 
industry in the United States is materially injured by reason of 
imports of barium chloride from India. Therefore, in accordance with 
sections 705(c)(2) and 706 of the Act, Commerce is issuing this 
countervailing duty order. Because the ITC determined that imports of 
barium chloride from India are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from India, entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of countervailing duties.
    In accordance with section 706(a) of the Act, Commerce will direct 
U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by Commerce, countervailing duties for all relevant entries 
of barium chloride from India. With the exception of entries occurring 
after the provisional measures period and before the publication of the 
ITC's final affirmative injury determination, as further described 
below, countervailing duties will be assessed on unliquidated entries 
of barium chloride from India entered, or withdrawn from warehouse, for 
consumption on or after June 17, 2022, the date of publication of the 
Preliminary Determination.\3\
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    \3\ 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).
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Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will direct CBP 
to

[[Page 14121]]

reinstitute the suspension of liquidation of barium chloride from 
India, effective on the date of publication of the ITC's notice of 
final determination in the Federal Register. These instructions will 
remain in effect until further notice. Commerce also intends, pursuant 
to section 706(a)(1) of the Act, to instruct CBP to assess 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates below. On or 
after the publication of the ITC's final injury determination in the 
Federal Register, CBP must require, at the same time as importers would 
normally deposit estimated import duties on this merchandise, a cash 
deposit equal to the rates listed in the table below. The all-others 
rate applies to all producers or exporters not specifically listed, as 
appropriate.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Chaitanya Chemicals \4\.....................................       23.57
All-Others..................................................       23.57
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Provisional Measures
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    \4\ As discussed in the Final Determination and accompanying 
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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    Section 703(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination, which was 
affirmative, on June 17, 2022. Therefore, entries of barium chloride 
from India made on or after October 15, 2022, and prior to the date of 
publication of the ITC's final determination in the Federal Register, 
are not subject to the assessment of countervailing duties due to 
Commerce's discontinuation of the suspension of liquidation.
    In accordance with section 703(d) of the Act, we instructed CBP to 
terminate the suspension of liquidation and to liquidate, without 
regard to countervailing duties, unliquidated entries of barium 
chloride from India, entered, or withdrawn from warehouse, for 
consumption, on or after October 15, 2022, the date on which the 
provisional measures period expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 30, 2021, Commerce published the final rule entitled: 
Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws in the Federal Register.\5\ On September 
27, 2021, Commerce also published the notice entitled: Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions in 
the Federal Register.\6\ The Final Rule and Procedural Guidance provide 
that Commerce will maintain an annual inquiry service list for each 
order or suspended investigation, and any interested party submitting a 
scope ruling application or request for circumvention inquiry shall 
serve a copy of the application or request on the persons on the annual 
inquiry service list for that order, as well as any companion order 
covering the same merchandise from the same country of origin.\7\
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    \5\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \6\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \7\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \8\
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    \8\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
published in the Federal Register in January, the relevant segment 
and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the opportunity notice for the anniversary month of the order is 
published in the Federal Register.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \9\ Accordingly, as stated 
above, the petitioner and the Government of India (GOI) should submit 
their initial entry of appearance after publication of this notice in 
order to appear in the first annual inquiry service list. Pursuant to 
19 CFR 351.225(n)(3), the petitioner and the GOI will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioner 
and the GOI are responsible for making amendments to their entries of 
appearance during the annual update to the annual inquiry service list 
in accordance with the procedures described above.
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    \9\ See Final Rule, 86 FR at 52335.
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Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to barium chloride from India, pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).


[[Page 14122]]


    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order 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 order is dispositive.

[FR Doc. 2023-04604 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P