Barium Chloride From the People's Republic of China and India: Final Results of Changed Circumstances Reviews and Revocation of the Antidumping Duty and Countervailing Duty Orders, 87852-87854 [2024-25613]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87852-87854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25613]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-007, C-533-909]


Barium Chloride From the People's Republic of China and India: 
Final Results of Changed Circumstances Reviews and Revocation of the 
Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) is revoking 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.

DATES: Applicable November 5, 2024.

FOR FURTHER INFORMATION CONTACT: Megan Goins, AD/CVD Operations, Office 
V (China), and Harrison Tanchuck, AD/CVD Operations, Office VI (India), 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0884 and (202) 482-7421.

SUPPLEMENTARY INFORMATION:

Background

    On October 17, 1984, Commerce issued the AD order on barium 
chloride from China, and on March 7, 2023, Commerce issued the CVD 
order on barium chloride from India.\1\ On September 18, 2024, Commerce 
published the initiation and preliminary results of the changed 
circumstances reviews (CCRs) and revocation of the Orders pursuant to 
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.216(b) and 19 CFR 351.222.\2\ We invited interested parties 
to comment on the Preliminary Results. Honeywell International Inc 
(Honeywell) submitted comments agreeing with the Preliminary Results 
and stating that Commerce's general practice in these cases is to 
liquidate without regard to antidumping and/or countervailing duties, 
and to refund any

[[Page 87853]]

estimated antidumping and/or countervailing duties, on all unliquidated 
entries of the merchandise covered by a revocation that are not covered 
by the final results of an administrative review or automatic 
liquidation instructions. Honeywell, therefore, requested that Commerce 
revoke the AD Order with an effective date of October 1, 2023, and 
revoke the CVD Order with an effective date of June 17, 2022.\3\ We did 
not receive comments from any other interested party.
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    \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 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, 89 FR 76448 (September 18, 2024) (Initiation and 
Preliminary Results).
    \3\ See Honeywell's Letter, ``Case Brief,'' dated September 25, 
2024 (Case Brief).
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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).\4\ Although the HTSUS subheading 
is provided for convenience and customs purposes, the written 
description of the scope of these Orders is dispositive.
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    \4\ The scope reflects the HTSUS subheading currently in effect.
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Final Results of Changed Circumstances Reviews and Revocation of the 
Orders

    Because no party submitted comments objecting to the Preliminary 
Results of these CCRs, and the record contains no further information 
or evidence that weighs against the proposed revocations, Commerce 
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 
19 CFR 351.222(g), that there are changed circumstances that warrant 
revocation of the Orders. Specifically, in light of Chemical Products 
Corporation's (the petitioner) lack of objection to these CCRs, the 
petitioner's indication that it does not have an interest in the 
Orders,\5\ and the absence of comments from any interested party 
opposing the Initiation and Preliminary Results, we find that producers 
accounting for substantially all of the production of the domestic like 
product to which the Orders pertain lack interest in the relief 
provided by the Orders. Accordingly, we are revoking the Orders.
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    \5\ See Initiation and Preliminary Results, 89 FR at 76449; see 
also Honeywell's Letters, ``Barium Chloride from the People's 
Republic of China: Changed Circumstances Review Request,'' dated 
August 6, 2024 at 3 and Exhibit 1; and ``Barium Chloride from India: 
Changed Circumstances Review Request,'' dated September 5, 2024 at 5 
and Exhibit 4.
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Application of the Final Results of the CCRs

    Section 751(d)(3) of the Act provides that ``{a{time}  
determination under this section to revoke an order . . . shall apply 
with respect to unliquidated entries of subject merchandise which are 
entered, or withdrawn from warehouse, for consumption on or after the 
date determined by the administering authority.'' Commerce's general 
practice is to instruct U.S. Customs and Border Protection (CBP) to 
liquidate without regard to antidumping or countervailing duties, and 
to refund any estimated antidumping or countervailing duties on, all 
unliquidated entries of the merchandise covered by a revocation that 
are not covered by the final results of an administrative review or 
automatic liquidation instruction.\6\ Consistent with our practice, we 
are applying the final results of these CCRs to all unliquidated 
entries of the merchandise covered by the AD Order which have been 
entered, or withdrawn from warehouse, for consumption on or after 
October 1, 2023, i.e., the day following the last day of the period 
covered by the most recently-completed administrative review of the AD 
Order, and that are not already subject to automatic liquidation 
instructions; \7\ and to all unliquidated entries covered by the CVD 
Order which have been entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2024, i.e., the day following the 
last day of the period covered by the most recently-completed 
administrative review of the CVD Order, and that are not already 
subject to automatic liquidation instructions.\8\
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    \6\ See, e.g., Certain Pasta from Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the 
United Kingdom: Notice of Final Results of Changed Circumstances 
Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 
2007); Notice of Final Results of Antidumping Duty Changed 
Circumstances Review and Revocation of Order In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
66163 (November 13, 2006); Notice of Final Results of Antidumping 
Duty Changed Circumstances Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada 
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, and 
Determination to Revoke Order in Part: Certain Cased Pencils from 
the People's Republic of China, 68 FR 62428 (November 4, 2003).
    \7\ See Case Brief at 5; see also Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity To 
Request Administrative Review and Join Annual Inquiry Service List, 
88 FR 68098 (October 3, 2023); and Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 88 FR 84784 (December 6, 
2023).
    \8\ See Rescission of Antidumping and Countervailing Duty 
Administrative Reviews, 89 FR 84117 (October 22, 2024) (Rescission 
Notice). Honeywell requested that Commerce revoke the CVD Order with 
an effective date of the preliminary determination in the underlying 
investigation, i.e., June 17, 2022. See Case Brief at 5. However, 
because the opportunity to request the first administrative review 
occurred in March, 2024, and Commerce issued automatic liquidation 
instructions for the period June 17, 2022, through December 31, 
2023, on June 18, 2024, it is not appropriate to make the revocation 
effective June 17, 2022. Additionally, Honeywell's Case Brief was 
submitted prior to the publication of this Rescission Notice. 
Honeywell agrees that Commerce should liquidate without regard to 
antidumping and/or countervailing duties, and to refund any 
estimated antidumping and/or countervailing duties, on all 
unliquidated entries of the merchandise covered by a revocation that 
are not covered by the final results of an administrative review or 
automatic liquidation instruction. See Case Brief at 4. Because 
entries made under the CVD Order through December 31, 2023, are 
subject to either automatic liquidation or liquidation instructions 
pursuant to the Rescission Notice, consistent with Honeywell's 
request, the effective date of the revocation of the CVD Order is 
January 1, 2024.
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Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant revocation of the Orders, we will instruct CBP to discontinue 
the suspension of liquidation and the collection of cash deposits of 
estimated antidumping and countervailing duties, to liquidate all 
unliquidated entries that were entered, or withdrawn from warehouse, on 
or after October 1, 2023 (AD Order) or January 1, 2024 (CVD Order), 
without regard to antidumping and countervailing duties, respectively, 
and to refund all antidumping duty and countervailing duty cash 
deposits on all such merchandise.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results and 
revocation in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Administrative Protective Order

    This notice serves as the final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply

[[Page 87854]]

with the regulations and terms of an APO is a violation subject to 
sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1), 751(b), and 777(i) of the Act and 19 CFR 
351.213(d)(4), 19 CFR 351.216, and 19 CFR 351.222.

    Dated: October 29, 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. 2024-25613 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P