Barium Chloride From India: Preliminary Negative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, 50602-50604 [2022-17622]
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JSPEARS on DSK121TN23PROD with NOTICES
50602
Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices
(2) where the width and thickness
vary for a specific product (e.g., the
thickness of certain products with nonrectangular cross-section, the width of
certain products with non-rectangular
shape, etc.), the measurement at its
greatest width or thickness applies.
Steel products included in the scope
of these Orders are products in which:
(1) iron predominates, by weight, over
each of the other contained elements; (2)
the carbon content is 2 percent or less,
by weight; and (3) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
Unless specifically excluded,
products are included in this scope
regardless of levels of boron and
titanium.
For example, specifically included in
this scope are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels and high
strength low alloy (HSLA) steels. IF
steels are recognized as low carbon
steels with micro-alloying levels of
elements such as titanium and/or
niobium added to stabilize carbon and
nitrogen elements. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum.
Furthermore, this scope also includes
Advanced High Strength Steels (AHSS)
and Ultra High Strength Steels (UHSS),
both of which are considered high
tensile strength and high elongation
steels.
Subject merchandise also includes
corrosion-resistant steel that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing,
trimming, cutting, punching and/or
slitting or any other processing that
would not otherwise remove the
merchandise from the scope of these
Orders if performed in the country of
manufacture of the in-scope corrosion
resistant steel.
All products that meet the written
physical description, and in which the
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chemistry quantities do not exceed any
one of the noted element levels listed
above, are within the scope of these
Orders unless specifically excluded.
The following products are outside of
and/or specifically excluded from the
scope of these Orders:
• Flat-rolled steel products either
plated or coated with tin, lead,
chromium, chromium oxides, both tin
and lead (terne plate), or both chromium
and chromium oxides (tin free steel),
whether or not painted, varnished or
coated with plastics or other nonmetallic substances in addition to the
metallic coating;
• Clad products in straight lengths of
4.7625 mm or more in composite
thickness and of a width which exceeds
150 mm and measures at least twice the
thickness; and
• Certain clad stainless flat-rolled
products, which are three-layered
corrosion resistant flat-rolled steel
products less than 4.75 mm in
composite thickness that consist of a
flat-rolled steel product clad on both
sides with stainless steel in a 20%–
60%–20% ratio.
The products subject to these Orders
are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0040, 7210.49.0045,
7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, and 7212.60.0000.6
The products subject to these Orders
may also enter under the following
HTSUS item numbers: 7210.90.1000,
7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090,
7225.91.0000, 7225.92.0000,
7225.99.0090, 7226.99.0110,
7226.99.0130, 7226.99.0180,
7228.60.6000, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
6 On July 26, 2021, Commerce added two
additional HTSUS numbers at the request of U.S.
Customs and Border Protection. See Certain
Corrosion-Resistant Steel Products from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review, 2019–2020, 86 FR
70111 (December 9, 2021).
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of the scope of these Orders are
dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
net countervailable subsidies, and
material injury to an industry in the
United States, pursuant to sections
751(c) and 751(d)(2) of the Act,
Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD 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 Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year reviews of the
Orders not later than 30 days prior to
the fifth anniversary of the effective date
of continuation.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with 777(i)
of the Act, and 19 CFR 351.218(f)(4).
Dated: August 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–17711 Filed 8–16–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–908]
Barium Chloride From India:
Preliminary Negative Determination of
Sales at Less Than Fair Value,
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices
The U.S. Department of
Commerce (Commerce) preliminarily
determines that barium chloride from
India is not being, or is not likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is January 1, 2021,
through December 31, 2021. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 17, 2022.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2924.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 8, 2022.1 On May 20, 2022,
Commerce postponed the preliminary
determination of this investigation until
August 10, 2022.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
JSPEARS on DSK121TN23PROD with NOTICES
The product covered by this
investigation is barium chloride from
India. For a complete description of the
scope of this investigation, see
Appendix I.
1 See Barium Chloride from India: Initiation of
Less-Than-Fair-Value Investigation, 87 FR 7100
(February 8, 2022) (Initiation Notice).
2 See Barium Chloride from India: Postponement
of Preliminary Determination in the Less-Than-FairValue Investigation, 87 FR 30871 (May 20, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Barium Chloride from
India’’ dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision
Memorandum).
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Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 One interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. On July 6, 2022,
Commerce issued its preliminary
determination regarding the scope of the
investigation.6 For a summary of the
product coverage comments submitted
to the record for this investigation, and
accompanying analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum. Based on
an analysis of the comments received,
Commerce preliminarily determined to
make no changes to the scope language
as it appeared in the Initiation Notice.
See the scope in Appendix I to this
notice. Commerce established a separate
briefing schedule for interested parties
to address the preliminary scope
determination.7 No parties filed scope
case briefs addressing the Preliminary
Scope Decision Memorandum.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margin exists:
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 87 FR at 7104.
6 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Barium
Chloride from India: Preliminary Scope Decision
Memorandum,’’ dated July 6, 2022 (Preliminary
Scope Decision Memorandum).
7 Id. at 1.
8 Commerce preliminarily determines that
Chaitanya Chemicals (Chaitanya) and Chaitanya
Barium India Pvt Ltd (CBI) should be treated as a
single entity (collectively, Chaitanya/CBI), in
accordance with section 771(33)(A) and (F) of the
Act and 19 CFR 351.401(f). See Preliminary
Decision Memorandum. For a complete discussion,
see Memorandum, ‘‘Preliminary Affiliation and
Collapsing Memorandum: Less-Than-Fair-Value
Investigation of Barium Chloride from India,’’ dated
concurrently with this memorandum.
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Exporter/producer
Chaitanya Chemicals/
Chaitanya Barium India
Pvt Ltd 8 .............................
50603
Estimated
weightedaverage
dumping
margin
(percent)
0.00
Commerce preliminarily determines
that Chaitanya/CBI has not made sales
of barium chloride at LTFV. Further,
because Chaitanya/CBI, the only
individually examined respondent in
this investigation, is the only party for
which an estimated weighted-average
dumping margin has been calculated for
this preliminary determination,
Commerce preliminarily determines
that barium chloride from India has not
been sold in the United States at LTFV
during the POI, and Commerce is
publishing this notice of a negative
preliminary determination.
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of barium chloride from
India.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.9
9 Case briefs, other written comments, and
rebuttal briefs submitted by parties in response to
this preliminary LTFV determination should not
E:\FR\FM\17AUN1.SGM
Continued
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50604
Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.10 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
JSPEARS on DSK121TN23PROD with NOTICES
Postponement of Final Determination
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e), on July
28, 2022, Chemical Products
Corporation (the petitioner) requested
that Commerce postpone the final
determination in the event of a negative
preliminary determination.12 In
accordance with section 735(a)(2)(B) of
the Act and 19 CFR 351.210(b)(2)(i),
because: (1) the preliminary
include scope-related issues. The scope case briefs
deadline was July 20, 2022. See Preliminary Scope
Decision Memorandum at 1.
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
12 See Petitioner’s Letter, ‘‘Antidumping
Investigation of Barium Chloride from India:
Petitioner’s Request for Postponement of Final
Determination,’’ dated July 28, 2022.
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determination is negative; (2) the
petitioner has requested postponement
of the final determination; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination. Accordingly, Commerce
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If
Commerce’s final determination is
affirmative, then the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of barium chloride are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: August 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is barium chloride, a chemical
compound having the formulas BaCl2 or
BaCl2-2H2O, currently classifiable under
subheading 2827.39.4500 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading
is provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Affiliation/Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022–17622 Filed 8–16–22; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–906]
Sodium Nitrite From India: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sodium nitrite from
India is being, or is likely to be, sold in
the United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2021, through
December 31, 2021. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable August 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton, or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0012 or (202) 482–1168,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 8, 2022.1 On June 8, 2022,
Commerce postponed the preliminary
determination of this investigation until
August 11, 2022.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Sodium Nitrite from India and the Russian
Federation: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 7122 (February 8, 2022)
(Initiation Notice).
2 See Sodium Nitrite from India: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigation, 87 FR 34851 (June 8, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Sodium Nitrite from
India’’ dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\17AUN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50602-50604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17622]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-908]
Barium Chloride From India: Preliminary Negative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 50603]]
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that barium chloride from India is not being, or is not
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is January 1, 2021, through December
31, 2021. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 17, 2022.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February 8,
2022.\1\ On May 20, 2022, Commerce postponed the preliminary
determination of this investigation until August 10, 2022.\2\
---------------------------------------------------------------------------
\1\ See Barium Chloride from India: Initiation of Less-Than-
Fair-Value Investigation, 87 FR 7100 (February 8, 2022) (Initiation
Notice).
\2\ See Barium Chloride from India: Postponement of Preliminary
Determination in the Less-Than-Fair-Value Investigation, 87 FR 30871
(May 20, 2022).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Barium
Chloride from India'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is barium chloride from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ One interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice. On July 6, 2022, Commerce issued its preliminary
determination regarding the scope of the investigation.\6\ For a
summary of the product coverage comments submitted to the record for
this investigation, and accompanying analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum. Based on an
analysis of the comments received, Commerce preliminarily determined to
make no changes to the scope language as it appeared in the Initiation
Notice. See the scope in Appendix I to this notice. Commerce
established a separate briefing schedule for interested parties to
address the preliminary scope determination.\7\ No parties filed scope
case briefs addressing the Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 7104.
\6\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Barium Chloride from India: Preliminary Scope
Decision Memorandum,'' dated July 6, 2022 (Preliminary Scope
Decision Memorandum).
\7\ Id. at 1.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists:
---------------------------------------------------------------------------
\8\ Commerce preliminarily determines that Chaitanya Chemicals
(Chaitanya) and Chaitanya Barium India Pvt Ltd (CBI) should be
treated as a single entity (collectively, Chaitanya/CBI), in
accordance with section 771(33)(A) and (F) of the Act and 19 CFR
351.401(f). See Preliminary Decision Memorandum. For a complete
discussion, see Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum: Less-Than-Fair-Value Investigation of Barium Chloride
from India,'' dated concurrently with this memorandum.
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Chaitanya Chemicals/Chaitanya Barium India Pvt Ltd \8\. 0.00
------------------------------------------------------------------------
Commerce preliminarily determines that Chaitanya/CBI has not made
sales of barium chloride at LTFV. Further, because Chaitanya/CBI, the
only individually examined respondent in this investigation, is the
only party for which an estimated weighted-average dumping margin has
been calculated for this preliminary determination, Commerce
preliminarily determines that barium chloride from India has not been
sold in the United States at LTFV during the POI, and Commerce is
publishing this notice of a negative preliminary determination.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
barium chloride from India.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.\9\
[[Page 50604]]
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\10\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\9\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. The scope
case briefs deadline was July 20, 2022. See Preliminary Scope
Decision Memorandum at 1.
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioner. Pursuant to 19 CFR 351.210(e), on July 28,
2022, Chemical Products Corporation (the petitioner) requested that
Commerce postpone the final determination in the event of a negative
preliminary determination.\12\ In accordance with section 735(a)(2)(B)
of the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary
determination is negative; (2) the petitioner has requested
postponement of the final determination; and (3) no compelling reasons
for denial exist, Commerce is postponing the final determination.
Accordingly, Commerce will make its final determination no later than
135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
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\12\ See Petitioner's Letter, ``Antidumping Investigation of
Barium Chloride from India: Petitioner's Request for Postponement of
Final Determination,'' dated July 28, 2022.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If Commerce's final determination is affirmative, then
the ITC will determine before the later of 120 days after the date of
this preliminary determination or 45 days after the final determination
whether imports of barium chloride are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: August 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is barium
chloride, a chemical compound having the formulas BaCl2 or BaCl2-
2H2O, currently classifiable under subheading 2827.39.4500 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs
purposes, the written description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Affiliation/Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-17622 Filed 8-16-22; 8:45 am]
BILLING CODE 3510-DS-P
