Barium Chloride From India: Initiation of Less-Than-Fair-Value Investigation, 7100-7104 [2022-02558]
Download as PDF
<![CDATA[
7100
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Equipment Co., Ltd.
35. Hangzhou Tonny Electric and Tools Co.,
Ltd.
36. Hefei Sylux Imp. & Exp. Co., Ltd.
37. Hong Kong Dayo Company, Ltd.
38. Huazhijie Plastic Products
39. Huiqiao International Shanghai
40. Ilshim Almax
41. Jer Education Technology
42. Jiangsu Weatherford Hongda Petroleum
Equipment Co., Ltd.
43. Jiangsu Yizheng Haitian Aluminum
Industrial
44. Jiang Yin Ming Ding Aluminum & Plastic
Products Co., Ltd
45. Jilin Qixing Aluminum Industries Co.,
Ltd.
46. Jin Lingfeng Plastic Electrical Appliance
47. Kanal Precision Aluminum Product Co.
Ltd.
48. Kingtom Aluminio SRL
49. Larkcop International Co Ltd
50. Ledluz Co Ltd
51. Liansu Group Co. Ltd
52. Links Relocations Beijing
53. Marshell International
54. Ningbo Deye Inverter Technology
55. Ningbo Hightech Development
56. Ningbo Winjoy International Trading
57. Orient Express Container
58. Ou Chuang Plastic Building Material
(Zhejiang) Co., Ltd.
59. Pentagon Freight Service
60. Pro Fixture Hong Kong
61. Qingdao Sea Nova Building
62. Qingdao Yahe Imports and Exports
63. Sewon
64. Shandong Huajian Aluminum Industry
65. Shanghai EverSkill M&E Co., Ltd.
66. Shanghai Jingxin Logistics
67. Shanghai Ouma Crafts Co, Ltd.
68. Shanghai Phidix Trading
69. Sinogar Aluminum
70. Transwell Logistics Co., Ltd.
71. United Aluminum
72. Wanhui Industrial China
73. Wenzhou Yongtai Electric Co., Ltd.
74. Winstar Power Technology Limited
75. Wisechain Trading Ltd.
76. Wuxi Lotus Essence
77. Wuxi Rapid Scaffolding Engineering
78. Wuxi Zontai Int’l Corporation Ltd.
79. Xuancheng Huilv Aluminum Industry
Co., Ltd.
80. Yekalon Industry Inc
81. Yonn Yuu Enterprise Co., Ltd.
82. Yuyao Royal Industrial
83. Zhejiang Guoyao Aluminum Co., Ltd.
84. Zhongshan Broad Windows and Doors
and Curtain
85. ZL Trade Shanghai
[FR Doc. 2022–02639 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–908]
Barium Chloride From India: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Applicable February 1, 2022.
Fred
Baker or Preston Cox; 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 or (202) 482–5041,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The Petition
On January 12, 2022, the Department
of Commerce (Commerce) received an
antidumping duty (AD) petition
concerning imports of barium chloride
from India, filed in proper form on
behalf of Chemical Products
Corporation (the petitioner), a domestic
producer of barium chloride.1 The
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of barium chloride
from India.2
On January 14 and 24, 2022,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.3 The petitioner filed
responses to these requests on January
19, 20, and 25, 2022.4
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Barium Chloride from India,’’ dated
January 12, 2022 (the Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Barium Chloride from India:
Supplemental Questions,’’ dated January 14, 2022;
and ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Barium Chloride from India:
Supplemental Questions,’’ dated January 14, 2022;
see also Commerce’s Memoranda, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Barium Chloride from India: Phone Call with
Counsel to the Petitioner,’’ dated January 24, 2022;
and ‘‘Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Barium
Chloride from India: Phone Call with Counsel to the
Petitioner,’’ dated January 24, 2022.
4 See Petitioner’s Letters, ‘‘Barium Chloride from
India: Response to Supplemental Questionnaire on
Volume I of Petition (General Issues and Injury
Information),’’ dated January 19, 2022 (General
Issues Supplement); ‘‘Barium Chloride from India:
Response to Supplemental Questionnaire on
Volume II (AD) of Petition,’’ dated January 20, 2022
(India AD Supplement); ‘‘Barium Chloride from
India: Response to Supplemental Question on
Volume I of Petition (General Issues and Injury
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of barium chloride from India are being,
or are likely to be, sold in the United
States at less than fair value (LTFV)
within the meaning of section 731 of the
Act, and that imports of such products
are materially injuring, or threatening
material injury to, the barium chloride
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested AD investigation.5
Period of Investigation
Because the Petition was filed on
January 12, 2022, the period of
investigation (POI) for this AD
investigation is January 1, 2021, through
December 31, 2021, pursuant to 19 CFR
351.204(b)(1).
Scope of the Investigation
The product covered by this
investigation is barium chloride from
India. For a full description of the scope
of this investigation, see the appendix to
this notice.
Comments on the Scope of the
Investigation
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).6 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,7 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaire,
Commerce requests that all interested
parties submit scope comments by 5:00
Information),’’ dated January 25, 2022 (Revised
Exhibit I–4); and ‘‘Barium Chloride from India:
Response to Supplemental Question on Volume II
of Petition (Antidumping Duties),’’ dated January
25, 2022 (Second India AD Supplement).
5 See infra, section on ‘‘Determination of Industry
Support for the Petition.’’
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
p.m. Eastern Time (ET) on February 22,
2022, which is the next business day
after 20 calendar days from the
signature date of this notice.8 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on March 4, 2022, which
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.9 An
electronically-filed document must be
received successfully in its entirety by
the time and date on which it is due.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.10
khammond on DSKJM1Z7X2PROD with NOTICES
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of barium chloride to be reported in
response to Commerce’s AD
questionnaire. This information will be
used to identify the key physical
characteristics of the subject
8 The deadline for comments falls on February 21,
2022, which is a federal holiday. Commerce’s
practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate
deadline is the next business day (in this instance,
February 22, 2022). See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005) (Notice of Clarification).
9 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
merchandise in order to report the
relevant costs of production accurately,
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
barium chloride, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on February 22,
2022, which is the next business day
after 20 calendar days from the
signature date of this notice.11 Any
rebuttal comments must be filed by 5:00
p.m. ET on March 4, 2022, which is 10
calendar days from the initial comment
deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of the
AD investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,12 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.13
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.14 Based on our analysis of
the information submitted on the
record, we have determined that barium
chloride, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
12 See
11 The
deadline for comments falls on February
21, 2022, which is a federal holiday. Commerce’s
practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate
deadline is the next business day (in this instance,
February 22, 2022). See Notice of Clarification.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
7101
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v.
United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
14 See General Issues Supplement at 2–3 and
Exhibit GEN–3.
13 See
E:\FR\FM\08FEN1.SGM
08FEN1
7102
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
support in terms of that domestic like
product.15
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2021.16 The petitioner provided
information from the ITC’s fifth sunset
review of barium chloride from the
People’s Republic of China, published
in June 2021, in which the ITC found
that Chemical Products Corporation was
the only domestic producer of barium
chloride; therefore, the Petition is
supported by 100 percent of the U.S.
industry.17 We relied on data provided
by the petitioner for purposes of
measuring industry support.18
Our review of the data provided in the
Petition, the General Issues Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition. First, the
Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product, and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).19 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.20 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
15 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklist: Barium Chloride
from India (AD Initiation Checklist) at Attachment
II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Barium Chloride from India (Attachment
II). This checklist is dated concurrently with this
notice and on file electronically via ACCESS.
16 See General Issues Supplement at 4.
17 See Petition at Volume I at I–2 through I–4; see
also General Issues Supplement at 3–4 and Exhibit
GEN–3 (containing Barium Chloride from China,
Inv. No. 731–TA–149 (Fifth Review), USITC Pub.
5203 (June 2021) at 7).
18 See Petition at Volume I at I–2 through I–4; see
also General Issues Supplement at 3–4 and Exhibit
GEN–3. For further discussion, see AD Initiation
Checklist at Attachment II.
19 See AD Initiation Checklist at Attachment II;
see also section 732(c)(4)(D) of the Act.
20 See AD Initiation Checklist at Attachment II.
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.21 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.23
The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; increasing market share
of subject imports; underselling and
price depression and/or suppression;
inventory levels; declines in production,
shipments, and revenues; and lost sales
and revenues.24 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.25
Allegation of Sales at LTFV
The following is a description of the
allegation of sales at LTFV upon which
Commerce based its decision to initiate
this LTFV investigation of imports of
barium chloride from India. The sources
of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the AD Initiation
Checklist.
U.S. Price
The petitioner based export price (EP)
on the average unit value (AUV) of
publicly available import data for
barium chloride from India during the
POI and made adjustments for foreign
inland freight and foreign brokerage and
handling to calculate a net ex-factory
U.S. price.26
Normal Value
The petitioner provided information
indicating that the prices for barium
chloride sold or offered for sale in India
were below the cost of production
(COP). Consequently, the petitioner
based NV on constructed value (CV).27
For further discussion of CV, see
‘‘Normal Value Based on Constructed
Value’’ section below.28
Normal Value Based on Constructed
Value
As noted above, the petitioner
provided information indicating that
sales or offers for sale of barium
chloride in India were made at prices
below COP. Therefore, the petitioner
calculated NV based on CV.29 Pursuant
to section 773(e) of the Act, the
petitioner calculated CV as the sum of
the cost of manufacturing; selling,
general, and administrative expenses;
financial expenses; and profit.30
Fair Value Comparison
Based on the data provided by the
petitioner, there is reason to believe that
imports of barium chloride from India
are being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of EP to NV based on CV
in accordance with section 773 of the
Act, the estimated dumping margin for
barium chloride from India is 233.34
percent.31
Initiation of LTFV Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating this LTFV investigation to
determine whether imports of barium
chloride from India are being, or are
likely to be, sold in the United States at
LTFV. In accordance with section
21 Id.
26 See
22 Id.
23 See
Petition at Volume I at I–10 and Exhibit
I–9; see also General Issues Supplement at 5 and
Exhibit GEN–4.
24 See Petition at Volume I at I–7 through I–30
and Exhibits I–5 and I–8 through I–12; see also
General Issues Supplement at 2–3, 5 and Exhibits
GEN–2 and GEN–4.
25 See AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Barium
Chloride from India (Attachment III).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
AD Initiation Checklist.
AD Initiation Checklist.
28 In accordance with section 773(b)(2) of the Act,
for this investigation, Commerce will request
information necessary to calculate the CV and COP
to determine whether there are reasonable grounds
to believe or suspect that sales of the foreign like
product have been made at prices that represent
less than the COP of the product.
29 See AD Initiation Checklist.
30 Id.
31 See AD Initiation Checklist for details of this
margin calculation.
27 See
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 140 days after the date of this
initiation.
khammond on DSKJM1Z7X2PROD with NOTICES
Respondent Selection
In the Petition, the petitioner named
22 companies in India as producers
and/or exporters of barium chloride.32
Following standard practice in AD
investigations involving a market
economy country, in the event
Commerce determines that the number
of Indian exporters or producers is large
such that Commerce cannot
individually examine each company
based upon its resources, where
appropriate, Commerce intends to select
mandatory respondents based on U.S.
Customs and Border Protection (CBP)
data for U.S. imports of barium chloride
from India during the POI under the
appropriate Harmonized Tariff Schedule
of the United States subheading listed in
the ‘‘Scope of the Investigation,’’ in the
appendix.
On January 26, 2022, Commerce
released CBP data on U.S. imports of
barium chloride from India under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on the CBP data and/or respondent
selection must do so within three
business days of the publication date of
the notice of initiation of this
investigation.33 Comments on CBP data
and respondent selection must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully, in its entirety, via
ACCESS no later than 5:00 p.m. ET on
the specified deadline. Commerce will
not accept rebuttal comments regarding
the CBP data or respondent selection.
We intend to select respondents within
20 days of publication of this notice.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
government of India via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
32 See
Revised Exhibit I–4.
Memorandum, ‘‘Antidumping Duty
Petition on Imports of Barium Chloride from India:
Release of U.S. Customs and Border Protection
Data,’’ dated January 26, 2022.
33 See
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
the Petition to each exporter named in
the Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
barium chloride from India are
materially injuring, or threatening
material injury to, a U.S. industry.34 A
negative ITC determination will result
in the investigation being terminated.35
Otherwise, this AD investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 36 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.37 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
34 See
section 733(a) of the Act.
35 Id.
36 See
37 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00020
Fmt 4703
Sfmt 4703
7103
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; Commerce will grant
untimely filed requests for the extension
of time limits only in limited cases
where we determine, based on 19 CFR
351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning factual information prior to
E:\FR\FM\08FEN1.SGM
08FEN1
7104
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
submitting factual information in this
investigation.38
DEPARTMENT OF COMMERCE
International Trade Administration
Certification Requirements
[A–570–985]
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.39
Parties must use the certification
formats provided in 19 CFR
351.303(g).40 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: February 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
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.
[FR Doc. 2022–02558 Filed 2–7–22; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
38 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
39 See section 782(b) of the Act.
40 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
16:16 Feb 07, 2022
Jkt 256001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that except for
one respondent for which Commerce
calculated a zero percent dumping
margin, the other companies subject to
this administrative review either made
sales of subject merchandise at prices
below normal value (NV) during the
period of review (POR) July 1, 2019,
through June 30, 2020, did not ship
subject merchandise to the United
States during the POR, or were not
entitled to a separate rate.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Abdul Alnoor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4554.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 5, 2021, Commerce
published the Preliminary Results and
invited interested parties to comment.1
For details regarding the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.2 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The scope of the Order covers dry
xanthan gum, whether or not coated or
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
Xanthan Gum From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2019–2020
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review, Partial Rescission of
the Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 42781 (August 5, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Antidumping Duty Administrative Review of
Xanthan Gum from the People’s Republic of
China,’’ (Issues and Decision Memorandum), dated
concurrently with, and hereby adopted by, this
notice.
3 See Xanthan Gum from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013) (Order).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
blended with other products. For a full
description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised and
to which we responded in the Issues
and Decision Memorandum is attached
to this notice as an appendix. 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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Shanghai Smart
Chemicals Co., Ltd. did not have
shipments of subject merchandise
during the POR. As we received no
information to contradict our
preliminary determination with respect
to this company, we continue to find
that it made no shipments of subject
merchandise to the United States during
the POR.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we corrected certain ministerial
errors in the calculation of Fufeng’s,4
one of the mandatory respondents,
weighted-average dumping margin. For
a discussion of these changes, see the
Issues and Decision Memorandum.
Separate Rates
No parties commented on our
preliminary separate rate findings.
Therefore, we have continued to grant
Meihua 5 and Fufeng (the mandatory
respondents), and two other companies/
company groups listed in the ‘‘Final
Results of Review’’ section below
separate rate status. However, we have
continued to deny separate rate status to
4 Fufeng refers to a single entity, which includes:
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka
Inner Mongolia Fufeng Biotechnologies Co., Ltd.);
Shandong Fufeng Fermentation Co., Ltd.; and
Xinjiang Fufeng Biotechnologies Co., Ltd.
(collectively, Fufeng).
5 Meihua refers to a single entity, which includes:
Meihua Group International Trading (Hong Kong)
Limited; Langfang Meihua Biotechnology Co., Ltd.;
and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua).
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7100-7104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02558]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-908]
Barium Chloride From India: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 1, 2022.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox; 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 or (202) 482-5041,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On January 12, 2022, the Department of Commerce (Commerce) received
an antidumping duty (AD) petition concerning imports of barium chloride
from India, filed in proper form on behalf of Chemical Products
Corporation (the petitioner), a domestic producer of barium
chloride.\1\ The Petition was accompanied by a countervailing duty
(CVD) petition concerning imports of barium chloride from India.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Barium Chloride from
India,'' dated January 12, 2022 (the Petition).
\2\ Id.
---------------------------------------------------------------------------
On January 14 and 24, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ The
petitioner filed responses to these requests on January 19, 20, and 25,
2022.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Barium Chloride
from India: Supplemental Questions,'' dated January 14, 2022; and
``Petition for the Imposition of Antidumping Duties on Imports of
Barium Chloride from India: Supplemental Questions,'' dated January
14, 2022; see also Commerce's Memoranda, ``Petition for the
Imposition of Antidumping Duties on Imports of Barium Chloride from
India: Phone Call with Counsel to the Petitioner,'' dated January
24, 2022; and ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Barium Chloride from India:
Phone Call with Counsel to the Petitioner,'' dated January 24, 2022.
\4\ See Petitioner's Letters, ``Barium Chloride from India:
Response to Supplemental Questionnaire on Volume I of Petition
(General Issues and Injury Information),'' dated January 19, 2022
(General Issues Supplement); ``Barium Chloride from India: Response
to Supplemental Questionnaire on Volume II (AD) of Petition,'' dated
January 20, 2022 (India AD Supplement); ``Barium Chloride from
India: Response to Supplemental Question on Volume I of Petition
(General Issues and Injury Information),'' dated January 25, 2022
(Revised Exhibit I-4); and ``Barium Chloride from India: Response to
Supplemental Question on Volume II of Petition (Antidumping
Duties),'' dated January 25, 2022 (Second India AD Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of barium
chloride from India are being, or are likely to be, sold in the United
States at less than fair value (LTFV) within the meaning of section 731
of the Act, and that imports of such products are materially injuring,
or threatening material injury to, the barium chloride industry in the
United States. Consistent with section 732(b)(1) of the Act, the
Petition is accompanied by information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigation.\5\
---------------------------------------------------------------------------
\5\ See infra, section on ``Determination of Industry Support
for the Petition.''
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on January 12, 2022, the period of
investigation (POI) for this AD investigation is January 1, 2021,
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).
Scope of the Investigation
The product covered by this investigation is barium chloride from
India. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on the Scope of the Investigation
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\7\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaire, Commerce requests that all
interested parties submit scope comments by 5:00
[[Page 7101]]
p.m. Eastern Time (ET) on February 22, 2022, which is the next business
day after 20 calendar days from the signature date of this notice.\8\
Any rebuttal comments, which may include factual information, must be
filed by 5:00 p.m. ET on March 4, 2022, which is 10 calendar days from
the initial comment deadline.
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ The deadline for comments falls on February 21, 2022, which
is a federal holiday. Commerce's practice dictates that where a
deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, February 22,
2022). See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005)
(Notice of Clarification).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\9\ An electronically-filed document must be received
successfully in its entirety by the time and date on which it is due.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\10\
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of barium chloride to be
reported in response to Commerce's AD questionnaire. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe barium chloride, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, all product
characteristics comments must be filed by 5:00 p.m. ET on February 22,
2022, which is the next business day after 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments must be filed
by 5:00 p.m. ET on March 4, 2022, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of the AD investigation.
---------------------------------------------------------------------------
\11\ The deadline for comments falls on February 21, 2022, which
is a federal holiday. Commerce's practice dictates that where a
deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, February 22,
2022). See Notice of Clarification.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
---------------------------------------------------------------------------
\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639,
644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\14\ Based on our analysis of the information
submitted on the record, we have determined that barium chloride, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry
[[Page 7102]]
support in terms of that domestic like product.\15\
---------------------------------------------------------------------------
\14\ See General Issues Supplement at 2-3 and Exhibit GEN-3.
\15\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Barium Chloride
from India (AD Initiation Checklist) at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Barium Chloride from India (Attachment II). This
checklist is dated concurrently with this notice and on file
electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2021.\16\ The petitioner
provided information from the ITC's fifth sunset review of barium
chloride from the People's Republic of China, published in June 2021,
in which the ITC found that Chemical Products Corporation was the only
domestic producer of barium chloride; therefore, the Petition is
supported by 100 percent of the U.S. industry.\17\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\18\
---------------------------------------------------------------------------
\16\ See General Issues Supplement at 4.
\17\ See Petition at Volume I at I-2 through I-4; see also
General Issues Supplement at 3-4 and Exhibit GEN-3 (containing
Barium Chloride from China, Inv. No. 731-TA-149 (Fifth Review),
USITC Pub. 5203 (June 2021) at 7).
\18\ See Petition at Volume I at I-2 through I-4; see also
General Issues Supplement at 3-4 and Exhibit GEN-3. For further
discussion, see AD Initiation Checklist at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition. First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product, and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\21\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
---------------------------------------------------------------------------
\19\ See AD Initiation Checklist at Attachment II; see also
section 732(c)(4)(D) of the Act.
\20\ See AD Initiation Checklist at Attachment II.
\21\ Id.
\22\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
---------------------------------------------------------------------------
\23\ See Petition at Volume I at I-10 and Exhibit I-9; see also
General Issues Supplement at 5 and Exhibit GEN-4.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; increasing
market share of subject imports; underselling and price depression and/
or suppression; inventory levels; declines in production, shipments,
and revenues; and lost sales and revenues.\24\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\25\
---------------------------------------------------------------------------
\24\ See Petition at Volume I at I-7 through I-30 and Exhibits
I-5 and I-8 through I-12; see also General Issues Supplement at 2-3,
5 and Exhibits GEN-2 and GEN-4.
\25\ See AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Barium
Chloride from India (Attachment III).
---------------------------------------------------------------------------
Allegation of Sales at LTFV
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate this LTFV
investigation of imports of barium chloride from India. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the AD Initiation
Checklist.
U.S. Price
The petitioner based export price (EP) on the average unit value
(AUV) of publicly available import data for barium chloride from India
during the POI and made adjustments for foreign inland freight and
foreign brokerage and handling to calculate a net ex-factory U.S.
price.\26\
---------------------------------------------------------------------------
\26\ See AD Initiation Checklist.
---------------------------------------------------------------------------
Normal Value
The petitioner provided information indicating that the prices for
barium chloride sold or offered for sale in India were below the cost
of production (COP). Consequently, the petitioner based NV on
constructed value (CV).\27\ For further discussion of CV, see ``Normal
Value Based on Constructed Value'' section below.\28\
---------------------------------------------------------------------------
\27\ See AD Initiation Checklist.
\28\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the CV and COP to determine whether there are reasonable
grounds to believe or suspect that sales of the foreign like product
have been made at prices that represent less than the COP of the
product.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above, the petitioner provided information indicating that
sales or offers for sale of barium chloride in India were made at
prices below COP. Therefore, the petitioner calculated NV based on
CV.\29\ Pursuant to section 773(e) of the Act, the petitioner
calculated CV as the sum of the cost of manufacturing; selling,
general, and administrative expenses; financial expenses; and
profit.\30\
---------------------------------------------------------------------------
\29\ See AD Initiation Checklist.
\30\ Id.
---------------------------------------------------------------------------
Fair Value Comparison
Based on the data provided by the petitioner, there is reason to
believe that imports of barium chloride from India are being, or are
likely to be, sold in the United States at LTFV. Based on comparisons
of EP to NV based on CV in accordance with section 773 of the Act, the
estimated dumping margin for barium chloride from India is 233.34
percent.\31\
---------------------------------------------------------------------------
\31\ See AD Initiation Checklist for details of this margin
calculation.
---------------------------------------------------------------------------
Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating this LTFV investigation to
determine whether imports of barium chloride from India are being, or
are likely to be, sold in the United States at LTFV. In accordance with
section
[[Page 7103]]
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 days after
the date of this initiation.
Respondent Selection
In the Petition, the petitioner named 22 companies in India as
producers and/or exporters of barium chloride.\32\ Following standard
practice in AD investigations involving a market economy country, in
the event Commerce determines that the number of Indian exporters or
producers is large such that Commerce cannot individually examine each
company based upon its resources, where appropriate, Commerce intends
to select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of barium chloride from India
during the POI under the appropriate Harmonized Tariff Schedule of the
United States subheading listed in the ``Scope of the Investigation,''
in the appendix.
---------------------------------------------------------------------------
\32\ See Revised Exhibit I-4.
---------------------------------------------------------------------------
On January 26, 2022, Commerce released CBP data on U.S. imports of
barium chloride from India under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on the CBP data
and/or respondent selection must do so within three business days of
the publication date of the notice of initiation of this
investigation.\33\ Comments on CBP data and respondent selection must
be filed electronically using ACCESS. An electronically-filed document
must be received successfully, in its entirety, via ACCESS no later
than 5:00 p.m. ET on the specified deadline. Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection. We
intend to select respondents within 20 days of publication of this
notice.
---------------------------------------------------------------------------
\33\ See Memorandum, ``Antidumping Duty Petition on Imports of
Barium Chloride from India: Release of U.S. Customs and Border
Protection Data,'' dated January 26, 2022.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of India via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of barium chloride from India are materially
injuring, or threatening material injury to, a U.S. industry.\34\ A
negative ITC determination will result in the investigation being
terminated.\35\ Otherwise, this AD investigation will proceed according
to statutory and regulatory time limits.
---------------------------------------------------------------------------
\34\ See section 733(a) of the Act.
\35\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \36\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\37\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
---------------------------------------------------------------------------
\36\ See 19 CFR 351.301(b).
\37\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to
[[Page 7104]]
submitting factual information in this investigation.\38\
---------------------------------------------------------------------------
\38\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\39\
Parties must use the certification formats provided in 19 CFR
351.303(g).\40\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
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.
[FR Doc. 2022-02558 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P
