Barium Chloride From the People's Republic of China and India: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke the Antidumping Duty and Countervailing Duty Orders, 76448-76450 [2024-21224]
Download as PDF
76448
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
a. Identify and address environmental
justice concerns in agency programs,
policies, procedures and activities.
b. Incorporate environmental justice
principles into employee training
programs to ensure that all staff
understand their role in promoting
environmental justice and are equipped
with the necessary tools and knowledge.
c. Expand and promote departmentwide capacity for environmental justice
through training employees,
incorporating it into relevant work
plans, and hiring staff with
environmental justice expertise.
Request for Written Comments
This notice is intended to improve
Commerce’s understanding of public
views on how the Department should
advance environmental justice. This
notice is a general solicitation for public
comments and further sets forth specific
topics for discussion and comment.
Commerce seeks broad input from all
interested stakeholders, including
people and communities with
environmental justice concerns as well
as the public. Commenters are
encouraged to address the following and
may comment with general views or
provide specific information about a
specific topic. Responses may be
formatted as the commenter prefers.
Comments will be reviewed by
Commerce staff and as appropriate,
Commerce contractors, and may be used
to inform the agency’s work on
advancing environmental justice.
khammond on DSKJM1Z7X2PROD with NOTICES
Topics
To help guide input, Commerce
would appreciate feedback on the
following five questions:
1. Do the draft environmental justice
strategic goals address general interests
and concerns about the advancement of
environmental justice by Commerce?
Why or why not?
2. What actions should Commerce
undertake to advance environmental
justice?
3. What performance measures or
metrics should Commerce establish to
monitor progress towards advancing
environmental justice?
4. What are examples of successful
collaborations between Federal agencies
and Tribal, territorial, local, and State
governments or communities with
environmental justice concerns?
5. How can Commerce better engage
and collaborate effectively with Tribes,
both federally and non-federally
recognized, Native Hawaiian
organizations, and Indigenous Peoples,
including Indigenous migrant
communities?
VerDate Sep<11>2014
17:11 Sep 17, 2024
Jkt 262001
Dated: September 12, 2024.
Sarah E. Watling,
Resilience, Climate Adaptation, and
Environmental Justice Program Office,
Department of Commerce.
[FR Doc. 2024–21121 Filed 9–17–24; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–007, C–533–909]
Barium Chloride From the People’s
Republic of China and India: Initiation
and Preliminary Results of Changed
Circumstances Review and Intent To
Revoke the Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Honeywell International Inc.
(Honeywell), the U.S. Department of
Commerce (Commerce) is initiating and
issuing preliminary results for changed
circumstances reviews (CCRs) of the
antidumping duty (AD) order on barium
chloride from the People’s Republic of
China (China) and the countervailing
duty (CVD) order on barium chloride
from India. We preliminarily determine
that the AD order on barium chloride
from China and the CVD order on
barium chloride from India should be
revoked, in their entirety. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT: Sun
Cho, AD/CVD Operations, Office V
(China), and Harrison Tanchuck, Office
VI, Enforcement and Compliance
(India), International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6458 and (202) 482–7421,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 17, 1984, Commerce
issued the AD order on barium chloride
from China, and on March 7, 2023,
issued the CVD order on barium
chloride from India.1 On August 6 and
September 5, 2024, Honeywell, an
importer of barium chloride from China
and India, requested that Commerce
1 See Antidumping Duty Order; Barium Chloride
from the People’s Republic of China, 49 FR 40635
(October 17, 1984) (AD Order); and Barium Chloride
from India: Countervailing Duty Order, 88 FR 14120
(March 7, 2023) (CVD Order) (collectively, Orders).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
conduct expedited CCRs of the AD
Order and the CVD Order, respectively,
pursuant to section 751(b)(1)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).2 Honeywell
stated that it qualifies as an interested
party pursuant to section 771(9)(A) of
the Act and 19 CFR 351.102(b)(29)(ii) as
a U.S. importer of barium chloride.3
Honeywell submitted a letter from
Chemical Products Corporation (CPC),
the only domestic producer of the
subject merchandise and the petitioner
of the underlying Orders, stating that it
is ceasing production of the subject
merchandise in the United States and
has ‘‘no objection to Honeywell’s
changed circumstances review
request.’’ 4 In its requests, Honeywell
addressed the conditions under which
Commerce may revoke an order in
whole or in part pursuant to 19 CFR
351.222(g).
Scope of the Orders
The merchandise covered by the
Orders is barium chloride, a chemical
compound having the formulas BaC12
or BaC12–2H20, currently classifiable
under subheading 2827.39.4500 of the
Harmonized Tariff Schedule of the
United States (HTSUS).5 Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of these
Orders is dispositive.
Initiation of CCRs
Section 751(b)(1) of the Act states that
Commerce shall conduct a CCR upon
receipt of a request from an interested
party that shows changed circumstances
sufficient to warrant a review of the
order. Section 751(d)(1) of the Act and
19 CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in
part.6 Further, 19 CFR 351.222(g)(2)
provides that Commerce will conduct a
CCR under 19 CFR 351.216, and may
revoke an order, in whole or in part, if
2 See Honeywell’s Letters, ‘‘Barium Chloride from
the People’s Republic of China: Changed
Circumstances Review Request,’’ dated August 6,
2024 (AD CCR Request); and ‘‘Barium Chloride
from India: Changed Circumstances Review
Request,’’ dated September 5, 2024 (CVD CCR
Request).
3 See AD CCR Request at 2; see also CVD CCR
request at 2.
4 See AD CCR Request at 3 and Exhibit 1; see also
CVD CCR request at 5 and Exhibit 4.
5 The scope reflects the HTSUS subheading
currently in effect.
6 See section 782(h) of the Act.
E:\FR\FM\18SEN1.SGM
18SEN1
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
it determines that revocation is
warranted.
In the event that Commerce
determines that ‘‘substantially all’’
domestic producers have expressed a
lack of interest in an order, both the Act
and Commerce’s regulations grant
Commerce the authority to revoke the
order.7 Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.8 Honeywell’s
requests indicated that CPC is the sole
producer of the domestic like product
and, therefore, accounts for at least 85
percent of domestic production.9 In
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(d), 19 CFR
351.221(c)(3), and 19 CFR 351.222(g),
we are initiating these CCRs.
Section 751(b)(4)(B) of the Act and 19
CFR 351.216(c) state that, ‘‘in the
absence of good cause shown,’’
Commerce may not review a final
determination less than 24 months after
the date of publication of the notice of
final determination or notice of
suspension of an investigation. The final
determination in the CVD investigation
of barium chloride from India was
published on January 6, 2023.10 CPC has
ceased production of the subject
merchandise in the United States and
has indicated that it has no interest in
the Orders; we find that these facts
constitute ‘‘good cause’’ for the conduct
of the CCR with respect to the CVD
Order.11
Preliminary Results of CCRs
If Commerce concludes that expedited
action is warranted, it may concurrently
publish the notice of initiation and
preliminary results of a CCR.12
Commerce has combined the notice of
initiation and preliminary results in
7 Id.;
see also 19 CFR 351.222(g).
e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent to Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
9 See AD CCR Request at 2; see also CVD CCR
Request at 2–3.
10 See Barium Chloride from India: Final
Affirmative Countervailing Duty Determination, 88
FR 1044 (January 6, 2023).
11 See 19 CFR 351.216(d); see also Carbon and
Certain Alloy Steel Wire Rod from Canada:
Initiation of Countervailing Duty Changed
Circumstances Review, 68 FR 62282, 62283–84
(November 3. 2003) (that ‘‘no further interest . . .
in continuing the order . . . serves as good cause’’
sufficient to review a determination made less than
24 months after the date of publication an order).
12 See 19 CFR 351.221(c)(3)(ii).
khammond on DSKJM1Z7X2PROD with NOTICES
8 See,
VerDate Sep<11>2014
17:11 Sep 17, 2024
Jkt 262001
CCRs when sufficient documentation
has been provided supporting the
request to make a preliminary
determination.13
In this instance, we determine that
there is sufficient information on the
record to support preliminary findings
of changed circumstances.14
Accordingly, we find that expedited
action is warranted, and we are
combining the notice of initiation and
the notice of preliminary results, in
accordance with 19 CFR
351.221(c)(3)(ii).
In accordance with 19 CFR
351.222(g), Commerce preliminarily
determines that there is a reasonable
basis to believe that changed
circumstances exist sufficient to warrant
revocation of the Orders. Therefore,
Commerce is notifying the public of its
preliminary intent to revoke the Orders
in whole.
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.15
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than three days after the due date for
case briefs.16 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.17 Furthermore, any
comments submitted by parties must be
submitted to the records of both the AD
and the CVD CCRs.
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In these CCRs, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.18 Further, we
request that interested parties limit their
public executive summary of each issue
13 See, e.g., Multilayered Wood Flooring from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews, 82 FR 9561 (February 7, 2017), unchanged
in Multilayered Wood Flooring from the People’s
Republic of China: Final Results of Changed
Circumstances Reviews, 82 FR 14691 (March 22,
2017).
14 See CCR Request at 4.
15 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
16 Id.
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
76449
to no more than 450 words, not
including citations. We intend to use
the executive summaries as the basis of
the comment summaries included in the
Issues and Decision Memorandum that
will accompany the final results of these
CCRs. We request that interested parties
include footnotes for relevant citations
in the public executive summary of each
issue. Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).19
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day on which it is
due.
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice in the Federal Register.20 Hearing
requests should contain the following
information: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs.21
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 the date and the
time of the hearing two days before the
scheduled date.
Final Results of CCRs
Unless extended, consistent with 19
CFR 351.216(e), Commerce intends to
issue the final results of these CCRs no
later than 270 days after the date on
which this review was initiated, or
within 45 days of publication of these
preliminary results if all parties agree to
the preliminary findings.
If we make a final determination to
revoke the Orders, we will instruct U.S.
Customs and Border Protection (CBP) to
discontinue the suspension of
liquidation and the collection of cash
deposits of estimated antidumping
duties on entries of barium chloride
from China and estimated
countervailing duties on entries of
19 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069,
67077 (September 29, 2023).
20 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
21 See 19 CFR 351.310(c).
E:\FR\FM\18SEN1.SGM
18SEN1
76450
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
barium chloride from India, to liquidate
all unliquidated entries that were
entered on or after the day following the
last day of the period covered by the
most recently completed administrative
review of the Orders, and are not
already subject to automatic liquidation
instructions, without regard to
antidumping duties or countervailing
duties, as appropriate, and to refund all
antidumping duty and countervailing
duty cash deposits on all such
merchandise, with applicable interest.
Notification to Interested Parties
We are issuing and publishing this
initiation and preliminary results notice
in accordance with section 751(b)(1) of
the Act, 19 CFR 351.216, 19 CFR
351.221(b) and (c)(3), and 19 CFR
351.222(f)(2)(iv).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–21224 Filed 9–17–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
On June 28, 2024, Commerce
published the Preliminary
Determination in this LTFV
investigation in the Federal Register.1
On July 22, 2024, Commerce tolled
certain deadlines in these
administrative proceedings by seven
days.2 The deadline for the final
determination is now September 11,
2024. We only received comment on the
Preliminary Determination from CC
Metals and Alloys, LLC and Ferroglobe
USA, Inc. (collectively, the petitioners),
in which the petitioners argued that lack
of participation in this investigation
should lead Commerce to reach the
same conclusion for the final
determination as it did in the
Preliminary Determination.3
Subsequently, on August 28, 2024,
Commerce published its Preliminary
Critical Circumstances Determination in
the Federal Register and invited
interested parties to comment.4 No
interested party submitted comments on
the Preliminary Critical Circumstances
Determination. Accordingly, we did not
make any changes to our Preliminary
Determination and there is no decision
memorandum accompanying this
Federal Register notice.
International Trade Administration
Scope of the Investigation
[A–821–838]
The product covered by this
investigation is ferrosilicon from Russia.
For a full description of the scope of this
investigation, see the appendix to this
notice.
Ferrosilicon From the Russian
Federation: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances
Scope Comments
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
ferrosilicon from the Russian Federation
(Russia) is being, or is likely to be, sold
in the United States at less than fair
value (LTFV) during the period of
investigation (POI) July 1, 2023, through
December 31, 2023.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Jacob Saude, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0981.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
VerDate Sep<11>2014
17:11 Sep 17, 2024
Jkt 262001
On August 28, 2024, CC Metals and
Alloys, LLC and Ferroglobe USA, INC.
(collectively, the petitioners) filed a
clarification of the scope language in
which the petitioner noted that there
was a word missing in the scope
language (i.e., in the Petition and the
Initiation Notice, the first paragraph of
the scope stated: ‘‘10 percent or less any
1 See Ferrosilicon from the Russian Federation:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 89 FR 53953 (June 28, 2024)
(Preliminary Determination).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Petitioners’ Letter, ‘‘Petitioners’ Comments
in Lieu of Case Brief,’’ dated July 29, 2024; see also
Preliminary Determination and Preliminary
Decision Memorandum.
4 See Ferrosilicon from the Russian Federation:
Preliminary Affirmative Critical Circumstances
Determinations, 89 FR 68860 (August 28, 2024)
(Preliminary Critical Circumstances Determination).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
other element’’ and should read ‘‘10
percent or less of any other element’’).5
Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act), we have continued to base the
dumping margin for the Russia-wide
entity, upon facts otherwise available,
with adverse inferences, because
Russian producers/exporters of subject
merchandise during the POI, now part
of the Russia-wide entity, failed to
respond to Commerce’s requests for
information.6
Final Affirmative Determination of
Critical Circumstances
In the Preliminary Critical
Circumstances Determination,
Commerce preliminary determined, in
accordance with sections 733(e) of the
Act and 19 CFR 351.206, that critical
circumstances exist with respect to all
imports of subject merchandise from
Russia produced or exported by the
Russia-wide entity.7 For this final
determination, in accordance with
section 735(a)(3) of the Act, Commerce
continues to find that critical
circumstances exist with respect to all
imports of subject merchandise from
Russia produced or exported by the
Russia-wide entity.
Combination Rates
In the Preliminary Determination, we
stated that because no respondent
applied for a separate rate, we did not
calculate producer/exporter
combination rates in accordance with
our practice.8 This remains unchanged
for the final determination.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
5 See Petitioners’ Letter, ‘‘Clarification of Scope
Language,’’ dated August 28, 2024; see also
Ferrosilicon from Brazil, Kazakhstan, Malaysia, and
the Russian Federation: Initiation of Less-ThanFair-Value Investigations, 89 FR 31137 (April 24,
2024) (Initiation Notice).
6 See Preliminary Determination.
7 See Preliminary Critical Circumstances
Determination.
8 See Preliminary Determination, 89 FR at 53953;
see also Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
E:\FR\FM\18SEN1.SGM
18SEN1
Agencies
[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76448-76450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21224]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-007, C-533-909]
Barium Chloride From the People's Republic of China and India:
Initiation and Preliminary Results of Changed Circumstances Review and
Intent To Revoke the Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Honeywell International Inc.
(Honeywell), the U.S. Department of Commerce (Commerce) is initiating
and issuing preliminary results for changed circumstances reviews
(CCRs) of the antidumping duty (AD) order on barium chloride from the
People's Republic of China (China) and the countervailing duty (CVD)
order on barium chloride from India. We preliminarily determine that
the AD order on barium chloride from China and the CVD order on barium
chloride from India should be revoked, in their entirety. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT: Sun Cho, AD/CVD Operations, Office V
(China), and Harrison Tanchuck, Office VI, Enforcement and Compliance
(India), International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-6458 and (202) 482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 1984, Commerce issued the AD order on barium
chloride from China, and on March 7, 2023, issued the CVD order on
barium chloride from India.\1\ On August 6 and September 5, 2024,
Honeywell, an importer of barium chloride from China and India,
requested that Commerce conduct expedited CCRs of the AD Order and the
CVD Order, respectively, pursuant to section 751(b)(1)(A) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\2\ Honeywell
stated that it qualifies as an interested party pursuant to section
771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii) as a U.S. importer
of barium chloride.\3\ Honeywell submitted a letter from Chemical
Products Corporation (CPC), the only domestic producer of the subject
merchandise and the petitioner of the underlying Orders, stating that
it is ceasing production of the subject merchandise in the United
States and has ``no objection to Honeywell's changed circumstances
review request.'' \4\ In its requests, Honeywell addressed the
conditions under which Commerce may revoke an order in whole or in part
pursuant to 19 CFR 351.222(g).
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order; Barium Chloride from the
People's Republic of China, 49 FR 40635 (October 17, 1984) (AD
Order); and Barium Chloride from India: Countervailing Duty Order,
88 FR 14120 (March 7, 2023) (CVD Order) (collectively, Orders).
\2\ See Honeywell's Letters, ``Barium Chloride from the People's
Republic of China: Changed Circumstances Review Request,'' dated
August 6, 2024 (AD CCR Request); and ``Barium Chloride from India:
Changed Circumstances Review Request,'' dated September 5, 2024 (CVD
CCR Request).
\3\ See AD CCR Request at 2; see also CVD CCR request at 2.
\4\ See AD CCR Request at 3 and Exhibit 1; see also CVD CCR
request at 5 and Exhibit 4.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders is barium chloride, a
chemical compound having the formulas BaC12 or BaC12-2H20, currently
classifiable under subheading 2827.39.4500 of the Harmonized Tariff
Schedule of the United States (HTSUS).\5\ Although the HTSUS subheading
is provided for convenience and customs purposes, the written
description of the scope of these Orders is dispositive.
---------------------------------------------------------------------------
\5\ The scope reflects the HTSUS subheading currently in effect.
---------------------------------------------------------------------------
Initiation of CCRs
Section 751(b)(1) of the Act states that Commerce shall conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the order.
Section 751(d)(1) of the Act and 19 CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in whole or in part) if it determines
that producers accounting for substantially all of the production of
the domestic like product have expressed a lack of interest in the
order, in whole or in part.\6\ Further, 19 CFR 351.222(g)(2) provides
that Commerce will conduct a CCR under 19 CFR 351.216, and may revoke
an order, in whole or in part, if
[[Page 76449]]
it determines that revocation is warranted.
---------------------------------------------------------------------------
\6\ See section 782(h) of the Act.
---------------------------------------------------------------------------
In the event that Commerce determines that ``substantially all''
domestic producers have expressed a lack of interest in an order, both
the Act and Commerce's regulations grant Commerce the authority to
revoke the order.\7\ Commerce has interpreted ``substantially all'' to
represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\8\ Honeywell's requests
indicated that CPC is the sole producer of the domestic like product
and, therefore, accounts for at least 85 percent of domestic
production.\9\ In accordance with section 751(b)(1) of the Act, 19 CFR
351.216(d), 19 CFR 351.221(c)(3), and 19 CFR 351.222(g), we are
initiating these CCRs.
---------------------------------------------------------------------------
\7\ Id.; see also 19 CFR 351.222(g).
\8\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
\9\ See AD CCR Request at 2; see also CVD CCR Request at 2-3.
---------------------------------------------------------------------------
Section 751(b)(4)(B) of the Act and 19 CFR 351.216(c) state that,
``in the absence of good cause shown,'' Commerce may not review a final
determination less than 24 months after the date of publication of the
notice of final determination or notice of suspension of an
investigation. The final determination in the CVD investigation of
barium chloride from India was published on January 6, 2023.\10\ CPC
has ceased production of the subject merchandise in the United States
and has indicated that it has no interest in the Orders; we find that
these facts constitute ``good cause'' for the conduct of the CCR with
respect to the CVD Order.\11\
---------------------------------------------------------------------------
\10\ See Barium Chloride from India: Final Affirmative
Countervailing Duty Determination, 88 FR 1044 (January 6, 2023).
\11\ See 19 CFR 351.216(d); see also Carbon and Certain Alloy
Steel Wire Rod from Canada: Initiation of Countervailing Duty
Changed Circumstances Review, 68 FR 62282, 62283-84 (November 3.
2003) (that ``no further interest . . . in continuing the order . .
. serves as good cause'' sufficient to review a determination made
less than 24 months after the date of publication an order).
---------------------------------------------------------------------------
Preliminary Results of CCRs
If Commerce concludes that expedited action is warranted, it may
concurrently publish the notice of initiation and preliminary results
of a CCR.\12\ Commerce has combined the notice of initiation and
preliminary results in CCRs when sufficient documentation has been
provided supporting the request to make a preliminary
determination.\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.221(c)(3)(ii).
\13\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Initiation and Preliminary Results of Antidumping
and Countervailing Duty Changed Circumstances Reviews, 82 FR 9561
(February 7, 2017), unchanged in Multilayered Wood Flooring from the
People's Republic of China: Final Results of Changed Circumstances
Reviews, 82 FR 14691 (March 22, 2017).
---------------------------------------------------------------------------
In this instance, we determine that there is sufficient information
on the record to support preliminary findings of changed
circumstances.\14\ Accordingly, we find that expedited action is
warranted, and we are combining the notice of initiation and the notice
of preliminary results, in accordance with 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------
\14\ See CCR Request at 4.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.222(g), Commerce preliminarily
determines that there is a reasonable basis to believe that changed
circumstances exist sufficient to warrant revocation of the Orders.
Therefore, Commerce is notifying the public of its preliminary intent
to revoke the Orders in whole.
Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\15\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
three days after the due date for case briefs.\16\ Interested parties
who submit case briefs or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\17\ Furthermore, any comments submitted by parties must be
submitted to the records of both the AD and the CVD CCRs.
---------------------------------------------------------------------------
\15\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\16\ Id.
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In these CCRs, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results of these CCRs. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\19\
---------------------------------------------------------------------------
\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (September 29, 2023).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is
due.
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice in the Federal
Register.\20\ Hearing requests should contain the following
information: (1) the party's name, address, and telephone number; (2)
the number of participants; and (3) a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs.\21\ 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 the date and the time of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\20\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\21\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Final Results of CCRs
Unless extended, consistent with 19 CFR 351.216(e), Commerce
intends to issue the final results of these CCRs no later than 270 days
after the date on which this review was initiated, or within 45 days of
publication of these preliminary results if all parties agree to the
preliminary findings.
If we make a final determination to revoke the Orders, we will
instruct U.S. Customs and Border Protection (CBP) to discontinue the
suspension of liquidation and the collection of cash deposits of
estimated antidumping duties on entries of barium chloride from China
and estimated countervailing duties on entries of
[[Page 76450]]
barium chloride from India, to liquidate all unliquidated entries that
were entered on or after the day following the last day of the period
covered by the most recently completed administrative review of the
Orders, and are not already subject to automatic liquidation
instructions, without regard to antidumping duties or countervailing
duties, as appropriate, and to refund all antidumping duty and
countervailing duty cash deposits on all such merchandise, with
applicable interest.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with section 751(b)(1) of the Act, 19 CFR
351.216, 19 CFR 351.221(b) and (c)(3), and 19 CFR 351.222(f)(2)(iv).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-21224 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P