Barium Chloride From the People's Republic of China: Continuation of Antidumping Duty Order, 68511-68512 [2015-28250]

Download as PDF Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices jstallworth on DSK7TPTVN1PROD with NOTICES Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 41 days after publication of the amended final results of this administrative review. For Electrolux, the Department calculated ad valorem importer-specific assessment rates equal to the total amount of dumping calculated for the importer’s examined sales and the total entered value of those sales. Where an importer-specific assessment rate is zero or de minimis (i.e., less than 0.5 percent), the Department will instruct CBP to liquidate these entries without regard to antidumping duties pursuant to 19 CFR 351.106(c)(2). For entries of subject merchandise during the POR produced by Electrolux which it did not know were destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction.10 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of amended final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Electrolux will be equal to the weighted-average dumping margin established in the amended final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recentlycompleted segment of this proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 36.52 percent, the all-others rate determined 10 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 in the LTFV investigation.11 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely 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 the terms of an APO is a sanctionable violation. 68511 DEPARTMENT OF COMMERCE International Trade Administration [A–570–007] Barium Chloride From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: As a result of the determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) order on barium chloride from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. SUMMARY: DATES: Effective Date: November 5, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: Disclosure Background We will disclose the calculations used in our analysis to parties to this proceeding within five days of the date of publication of this notice pursuant to 19 CFR 351.224(b). These amended final results of administrative review are issued and published in accordance with sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e). BILLING CODE 3510–DS–P On August 27, 1984, the Department published the final determination in the antidumping duty investigation of barium chloride from the PRC.1 On October 17, 1984, the Department issued an antidumping duty order on imports of barium chloride from the PRC.2 On May 1, 2015, the Department initiated the fourth five-year (‘‘sunset’’) review of the AD order on barium chloride from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).3 As a result of its review, the Department determined that revocation of the antidumping duty order on barium chloride from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, 11 See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). 1 See Final Determination of Sales at Less Than Fair Value; Barium Chloride From the People’s Republic of China, 49 FR 33916 (August 27, 1984) (‘‘Final Determination’’). 2 See Antidumping Duty Order; Barium Chloride From the People’s Republic of China, 49 FR 40635 (October 17, 1984) (‘‘Order’’). 3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 24900 (May 1, 2015). Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–28248 Filed 11–4–15; 8:45 a.m.] PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1 68512 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.4 On October 30, 2015, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on barium chloride from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Scope of the Order RIN 0648–XE268 The merchandise covered by the order is barium chloride, a chemical compound having the formulas BaCl2 or BaCl2–2H2O, currently classifiable under item number 2827.39.45.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’).6 Although the HTSUS item number is provided for convenience and for U.S. Customs and Border Protection purposes, the written description remains dispositive. Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research Continuation of the Order SUMMARY: jstallworth on DSK7TPTVN1PROD with NOTICES As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD order on barium chloride from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This fiveyear (‘‘sunset’’) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. 4 See Barium Chloride from the People’s Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 80 FR 36973 (June 29, 2015) and accompanying Issues and Decision Memorandum. 5 See Barium Chloride From China: Determination, 80 FR 66935 (October 30, 2015); see also Barium Chloride from China (Inv. No. 731– TA–149 (Fourth Review), USITC Publication 4574 (October 2015)). 6 The scope reflects the HTSUS item number currently in effect. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 [FR Doc. 2015–28250 Filed 11–4–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of Letters of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that Letters of Authorization (LOA) have been issued to the NMFS Southwest Fisheries Science Center (SWFSC) for the take of marine mammals incidental to fisheries research conducted in multiple specified geographical regions. DATES: Effective from October 30, 2015, through October 29, 2020. ADDRESSES: The LOAs and supporting documentation are available on the Internet at: www.nmfs.noaa.gov/pr/ permits/incidental/research.htm. In case of problems accessing these documents, please call the contact listed above (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Summary of Request On April 25, 2013, we received an adequate and complete request from SWFSC for authorization to take marine mammals incidental to fisheries research activities. On February 13, 2015 (80 FR 8166), we published a notice of proposed rulemaking in the Federal Register, requesting comments and information related to the SWFSC request for thirty days. The final rule was published in the Federal Register on September 30, 2015 (80 FR 58982). For detailed information on this action, please refer to those documents. The regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals during fisheries research activities in three separate specified geographic regions. SWFSC conducts fisheries research using pelagic trawl gear used at various levels in the water column, pelagic longlines with multiple hooks, bottomcontact trawls, and other gear. If a marine mammal interacts with gear deployed by SWFSC, the outcome could potentially be Level A harassment, serious injury (i.e., any injury that will likely result in mortality), or mortality. We pooled the estimated number of incidents of take resulting from gear interactions and assessed the potential impacts accordingly. SWFSC also uses various active acoustic devices in the conduct of fisheries research, and use of E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68511-68512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-007]


Barium Chloride From the People's Republic of China: Continuation 
of Antidumping Duty Order

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

ACTION: Notice.

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SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') order on 
barium chloride from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty order.

DATES: Effective Date: November 5, 2015.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

SUPPLEMENTARY INFORMATION: 

Background

    On August 27, 1984, the Department published the final 
determination in the antidumping duty investigation of barium chloride 
from the PRC.\1\ On October 17, 1984, the Department issued an 
antidumping duty order on imports of barium chloride from the PRC.\2\
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    \1\ See Final Determination of Sales at Less Than Fair Value; 
Barium Chloride From the People's Republic of China, 49 FR 33916 
(August 27, 1984) (``Final Determination'').
    \2\ See Antidumping Duty Order; Barium Chloride From the 
People's Republic of China, 49 FR 40635 (October 17, 1984) 
(``Order'').
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    On May 1, 2015, the Department initiated the fourth five-year 
(``sunset'') review of the AD order on barium chloride from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
``Act'').\3\ As a result of its review, the Department determined that 
revocation of the antidumping duty order on barium chloride from the 
PRC would likely lead to a continuation or recurrence of dumping and, 
therefore,

[[Page 68512]]

notified the ITC of the magnitude of the margins likely to prevail 
should the order be revoked.\4\ On October 30, 2015, the ITC published 
its determination, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on barium chloride from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \3\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 24900 
(May 1, 2015).
    \4\ See Barium Chloride from the People's Republic of China: 
Final Results of Expedited Fourth Sunset Review of the Antidumping 
Duty Order, 80 FR 36973 (June 29, 2015) and accompanying Issues and 
Decision Memorandum.
    \5\ See Barium Chloride From China: Determination, 80 FR 66935 
(October 30, 2015); see also Barium Chloride from China (Inv. No. 
731-TA-149 (Fourth Review), USITC Publication 4574 (October 2015)).
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Scope of the Order

    The merchandise covered by the order is barium chloride, a chemical 
compound having the formulas BaCl2 or BaCl2-2H2O, currently 
classifiable under item number 2827.39.45.00 of the Harmonized Tariff 
Schedule of the United States (``HTSUS'').\6\ Although the HTSUS item 
number is provided for convenience and for U.S. Customs and Border 
Protection purposes, the written description remains dispositive.
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    \6\ The scope reflects the HTSUS item number currently in 
effect.
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Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the AD order on barium chloride from the 
PRC. U.S. Customs and Border Protection will continue to collect AD 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the order will be the date of publication in the Federal Register of 
this notice of continuation. Pursuant to section 751(c)(2) of the Act, 
the Department intends to initiate the next five-year review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation. This five-year (``sunset'') review and 
this notice are in accordance with section 751(c) of the Act and 
published pursuant to section 777(i)(1) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28250 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-DS-P