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  5. 701-TA-678

Barium Chloride from India; Inv. No. 701-TA-678 and 731-TA-1584 (Final)

Plain-English explanation

ITC Investigation 701-TA-678 is a U.S. International Trade Commission antidumping (AD) proceeding on Barium Chloride from India; Inv. No. 701-TA-678 and 731-TA-1584 (Final) from India. It's in the final phase and currently in completed status. It links to AD/CVD case C-533-909 — see the linked order for the active deposit rate, scope text, and Federal Register citation.

Investigation details

Phase, parties, documents, and full text from USITC IDS

Investigation detail

Barium Chloride from India; Inv. No. 701-TA-678 and 731-TA-1584 (Final)

AD

ITC final injury determination completed.

Determination 2023-02-17Order issued 2023-03-07IndiaCHITC # 701-TA-678

Documents

  • USITC Termination – AD – India
  • USITC Determination - Final
  • Determination – AD – Final - India
  • Determination – CVD – Final - India
  • Publication 5406
  • Questionnaire - US Producer
  • Questionnaire - US Importer
  • Questionnaire - Foreign Producer
  • Questionnaire - US Purchaser
  • Determination – AD – Preliminary - India
  • USITC Scheduling
  • Determination – CVD – Preliminary - India
  • Orders - CVD - India

Full text (131,624 chars)

=== USITC Termination – AD – India === 2638 Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices SUPPLEMENTARY INFORMATION : The Commission instituted this investigation on October 19, 2022. 87 FR 63527 (Oct. 19, 2022). The complaint, as supplemented and amended, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition, the threat or effect of which is to destroy or substantially injure a domestic industry. Id. The Commission’s notice of investigation named as respondents Huizhou Green Giant Technology Co., Ltd., of Guangdong China; Utopban International Trading Co., Ltd., d/b/a Vegega of Rosemead, CA; Utopban Limited of Hong Kong; The Hydro Source Inc., d/b/a Forever Garden Beds of El Monte, CA; and VegHerb, LLC, d/ b/a Frame It All of Cary, NC. Id. The complainant is Vego Garden, Inc. of Houston, TX (‘‘Vego’’). Id. The Office of Unfair Import Investigations is participating in the investigation. Id. On December 13, 2022, the ALJ issued the subject ID, which granted Vego’s unopposed motion to amend the complaint and notice of investigation to change the name of respondent The Hydro Source, Inc., d/b/a Forever Garden Beds to Forever Garden. The ID found that the change will not prejudice the rights of any parties to the investigation and reflects the true identity of the respondents involved in this investigation. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. The complaint and notice of investigation are hereby amended as follows: the name of respondent ‘‘The Hydro Source Inc., d/b/a Forever Garden Beds’’ is replaced with ‘‘Forever Garden.’’ The Commission vote for this determination took place on January 10, 2023. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: January 10, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00648 Filed 1–13–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1584 (Final)] Barium Chloride From India; Termination of Investigation AGENCY : United States International Trade Commission. ACTION : Notice. Background: On January 6, 2023, the Department of Commerce published notice in the Federal Register of a negative final determination of sales at less than fair value in connection with the subject investigation concerning India (88 FR 1050). Accordingly, the antidumping duty investigation concerning barium chloride from India (Investigation No. 731–TA–1584 (Final)) is terminated. DATES : January 6, 2023. FOR FURTHER INFORMATION CONTACT : Alejandro Orozco (202–205–3177), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(a) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(a)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: January 11, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00731 Filed 1–13–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–23–003] Sunshine Act Meetings AGENCY HOLDING THE MEETING : United States International Trade Commission. TIME AND DATE : January 18, 2023 at 11:00 a.m. PLACE : Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS : Open to the public. MATTERS TO BE CONSIDERED : 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. No. 731– TA–461 (Fifth Review)(Gray Portland Cement and Cement Clinker from Japan). The Commission currently is scheduled to complete and file its determinations and views of the Commission on January 26, 2023. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION : Tyrell Burch, Management Analyst, 202–205–2595. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: January 12, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00887 Filed 1–12–23; 4:15 pm] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Comment Request; Nonmonetary Determination Activity Report. ACTION : Notice. SUMMARY : The Department of Labor’s (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ‘‘Nonmonetary Determination Activities Report.’’ This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). DATES : Consideration will be given to all written comments received by March 20, 2023. ADDRESSES : A copy of this ICR with applicable supporting documentation, VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\17JAN1.SGM 17JAN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination - Final === 11476 Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found the responses submitted on behalf of Crow Butte Resources, Inc., Power Resources, Inc., Energy Fuels Resources (USA) Inc., Ur-Energy USA Inc., ConverDyn, Centrus Energy Corp. and its wholly-owned subsidiary, United States Enrichment Corporation, Global Laser Enrichment, LLC, Louisiana Energy Services, LLC, and Uranium Producers of America to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 88 FR 1044 (January 6, 2023). By order of the Commission. Issued: February 16, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–03686 Filed 2–22–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–539–C (Fifth Review)] Uranium From Russia; Scheduling of an Expedited Five-Year Review AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on uranium from Russia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES : December 5, 2022. FOR FURTHER INFORMATION CONTACT : (Ahdia Bavari (202) 205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—On December 5, 2022, the Commission determined that the domestic interested party group response to its notice of institution (87 FR 53774, September 1, 2022) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review. 1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Staff report.—A staff report containing information concerning the subject matter of the review has been placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for this review on March 1, 2023. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before March 9, 2023 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by March 9, 2023. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Determination.—The Commission has determined that this review is extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: February 17, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–03758 Filed 2–22–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 701–TA–678 (Final)] Barium Chloride From India Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of barium chloride from India, provided for in subheading 2827.39.45 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the government of India. 2 Background The Commission instituted this investigation effective January 12, 2022, following receipt of a petition filed with the Commission and Commerce by Chemical Products Corp., Cartersville, Georgia. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of barium chloride from India were being subsidized within the VerDate Sep<11>2014 17:12 Feb 22, 2023 Jkt 259001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1 lotter on DSK11XQN23PROD with NOTICES1 11477Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 7, 2022 (87 FR 54714). The Commission conducted its hearing on January 5, 2023. All persons who requested the opportunity were permitted to participate. The Commission made this determination pursuant to section 705(b) of the Act (19 U.S.C. 1671d(b)). It completed and filed its determination in this investigation on February 17, 2023. The views of the Commission are contained in USITC Publication 5406 (February 2023), entitled Barium Chloride from India: Investigation No. 701–TA–678 (Final). By order of the Commission. Issued: February 17, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–03757 Filed 2–22–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1347] Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants’ Unopposed Motion To Amend the Complaint and Notice of Investigation AGENCY : U.S. International Trade Commission. ACTION : Notice. SUMMARY : Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 7) of the presiding administrative law judge (‘‘ALJ’’) granting complainants’ unopposed motion to amend the complaint and notice of investigation in the above- captioned investigation to substitute Panasonic Holdings Corporation in place of named respondent Panasonic Corporation. FOR FURTHER INFORMATION CONTACT : Richard P. Hadorn, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3179. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION : The Commission instituted this investigation on December 30, 2022, based on a complaint filed by Advanced Ground Information Systems, Inc. of Jupiter, Florida and AGIS Software Development LLC of Marshall, Texas (collectively, ‘‘AGIS’’). 87 FR 80568–69 (Dec. 30, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain location-sharing systems, related software, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent Nos. 8,213,970; 9,467,838; 9,445,251; 9,749,829; and 9,820,123. Id. at 80568. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named 26 respondents: Google LLC of Mountain View, California; Samsung Electronics, Co., Ltd. of Suwon, Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; OnePlus Technology (Shenzhen) Co., Ltd. of Shenzhen, Guangdong, China; TCL Technology Group Corporation of Huizhou, Guangdong, China; TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong; TCL Communication Technology Holdings Limited of Hong Kong Science Park, Hong Kong; TCT Mobile (US) Inc. of Irvine, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, Illinois; HMD Global of Espoo, Finland; HMD Global OY of Espoo, Finland; HMD America, Inc. of Miami, Florida; Sony Corporation of Tokyo, Japan; Sony Mobile Communications, Inc. of Tokyo, Japan; ASUSTek Computer Inc. of Taipei, Taiwan; ASUS Computer International of Fremont, California; BLU Products of Doral, Florida; Panasonic Corporation of Osaka, Japan; Panasonic Corporation of North America of Secaucus, New Jersey; Kyocera Corporation of Kyoto, Japan; Xiaomi Corporation of Grand Cayman, Cayman Islands; Xiaomi H.K. Ltd. of Kowloon City, Hong Kong; Xiaomi Communications Co., Ltd. of Beijing, China; and Xiaomi Inc. of Beijing, China. Id. at 80569. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. On January 27, 2023, AGIS filed a motion to amend the complaint and notice of investigation to substitute Panasonic Holdings Corporation for the presently named respondent Panasonic Corporation. The motion states that (i) OUII and respondents Panasonic Corporation, Panasonic Corporation of North America, and Kyocera Corporation do not oppose the motion and (ii) the remaining respondents take no position on the motion. Mot. at 1. No responses to the motion were filed. On February 1, 2023, the ALJ issued the subject ID granting the motion. The ID finds that, in accordance with Commission Rule 210.14(b) (19 CFR 210.14(b)), ‘‘good cause exists for amending the complaint to substitute Panasonic Holdings Corporation in place of named Respondent Panasonic Corporation’’ because ‘‘amending the Complaint and Notice of Investigation to reflect the proper name of the Respondent will aid in the development of the Investigation and is necessary to avoid prejudicing the public interest and rights of the parties to the Investigation.’’ ID at 2. No petitions for review of the subject ID were filed. The Commission has determined not to review the subject ID. The complaint and notice of investigation are amended to substitute Panasonic Holdings Corporation in place of the named respondent Panasonic Corporation. The Commission vote for this determination took place on February 17, 2023. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: February 17, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–03759 Filed 2–22–23; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:12 Feb 22, 2023 Jkt 259001 PO 00000 Frm 00075 Fmt 4703 Sfmt 9990 E:\FR\FM\23FEN1.SGM 23FEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - India === 1050 Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Notices 27 See AR1 Final, 80 FR at 41002. 1 See Barium Chloride from India: Preliminary Negative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, 87 FR 50602 (August 17, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Negative Determination in the Less-Than- Fair-Value Investigation of Barium Chloride from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Barium Chloride from India: Preliminary Scope Decision Memorandum,’’ dated July 6, 2022 (Preliminary Scope Decision Memorandum). 4 Id. at 1. withdrawn from warehouse, for consumption on or after the date of publication of the notice of the final results of this review in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) for the exporters listed in the table above, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review for the exporter (except, if the dumping margin is de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed Chinese and non-Chinese exporters that are not listed in the table above but that have separate rates, the cash deposit rate will continue to be the exporter-specific rate established in the most recently completed segment of this proceeding; (3) for all Chinese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 238.95 percent 27) and (4) for all non-Chinese exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties and/or countervailing duties has occurred, and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Notification to Interested Parties We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: December 30, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I List of Sections in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Preliminary Determination of No Shipments VI. Selection of Respondents VII. Single Entity Treatment VIII. Discussion of the Methodology IX. Recommendation Appendix II Companies Preliminarily Determined To Be Part of the China-Wide Entity 1. De-Tech Trading Limited HK 2. Fuzhou Sunmodo New Energy Equipment 3. Hengdian Group DMEGC Magnetics Co. Ltd. 4. Jiawei Solarchina (Shenzhen) Co., Ltd. 5. Jiawei Solarchina Co., Ltd. 6. Jinko Solar International Limited 7. Lightway Green New Energy Co., Ltd. 8. Longi (HK) Trading Ltd. 9. Ningbo ETDZ Holdings, Ltd. 10. Ningbo Qixin Solar Electrical Appliance Co., Ltd. 11. Renesola Jiangsu Ltd. 12. ReneSola Zhejiang Ltd. 13. Shenzhen Sungold Solar Co., Ltd. 14. Sumec Hardware & Tools Co., Ltd. 15. Suntech Power Co., Ltd. 16. Taizhou BD Trade Co., Ltd. 17. tenKsolar (Shanghai) Co., Ltd 18. Wuxi Suntech Power Co., Ltd.; Luoyang Suntech Power Co., Ltd. 19. Yingli Green Energy International Trading Company Limited [FR Doc. 2023–00069 Filed 1–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–908] Barium Chloride From India: Final Negative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) 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. DATES : Applicable January 6, 2023. 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 On August 17, 2022, Commerce published the preliminary determination in the LTFV investigation of barium chloride from India, in which it also postponed the final determination until December 30, 2022. 1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 Scope Comments On July 6, 2022, we issued the Preliminary Scope Decision Memorandum.3 The scope case briefs were due on July 20, 2022.4 No parties filed scope case briefs addressing the Preliminary Scope Decision Memorandum. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. 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. Verification Commerce was unable to conduct on- site verification of the information relied on in making its final determination in this investigation. However, in September and October 2022, we took additional steps in lieu of on-site verifications to verify the information relied on in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, Commerce conducted virtual VerDate Sep<11>2014 17:01 Jan 05, 2023 Jkt 259001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 lotter on DSK11XQN23PROD with NOTICES1 1051Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Notices 5 Commerce has determined 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 Issues and Decision Memorandum at 4. 6 See Preliminary Determination, 87 FR at 50603. verifications of the home market sales, U.S. sales, and cost of production responses submitted by Chaitanya/CBI. 5 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is available 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. Changes Since the Preliminary Determination Based on our analysis of the comments received from interested parties, we made certain changes to the margin calculations for Chaitanya/CBI. For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination Commerce determines that the final estimated weighted-average dumping margin exists for the POI: Exporter/producer Estimated weighted-average dumping margin (percent) Chaitanya Chemicals/Chaitanya Barium India Pvt Ltd ............................................................................................. 0.00 Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters pursuant to sections 735(c)(1)(B) and (c)(5) of the Act, because it has not made a final affirmative determination of sales at LTFV. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Suspension of Liquidation In the Preliminary Determination, the estimated weighted-average dumping margin for Chaitanya/CBI was zero percent and, therefore, we did not suspend liquidation of entries of barium chloride from India.6 Because Commerce has made a final negative determination of sales at LTFV with regard to the 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. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission of its final negative determination of sales at LTFV. As our final determination is negative, this proceeding is terminated in accordance with section 735(c)(2) of the Act. Administrative Protective Order This notice will serve as a reminder to the 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 with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: December 30, 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 Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Changes Since the Preliminary Determination VI. Affiliations VII. Discussion of the Issues Comment 1: Whether a Particular Market Situation (PMS) Concerning Barytes Existed in India During the POI Comment 2: Application of Total Adverse Facts Available (AFA) Because of Chaitanya’s Failure to Retain Production Records Comment 3: Whether Chaitanya/CBI’s Exclusion of Sales to a Particular Home Market Customer from Its Home Market Sales Listing Is Appropriate Comment 4: Whether the Application of Total AFA Because of Incorrect Reporting of Control Number (CONNUM) for a Home Market Sale is Warranted Comment 5: Incorrect Reporting of Packing Costs Comment 6: Incorrect Reporting of Interest Rate for U.S. Imputed Credit Expenses and Inventory Carrying Costs Comment 7: Whether Commerce Should Disallow Chaitanya’s By-Product Offset Comment 8: Inclusion of Goods and Services Tax (GST) in the Home Market Gross Unit Price Comment 9: Whether the Average-to- Average Margin Calculation Methodology is Appropriate Comment 10: Whether Commerce Should Revise Chaitanya’s General and Administrative (G&A) Expense Rate to Include Certain Expenses Improperly Excluded Comment 11: Whether Commerce Should Make Various Adjustments to Chaitanya’s Reported Cost Data as Noted in the Cost Verification Report Comment 12: Whether Commerce Should Revise Chaitanya’s Financial Expense Ratio to Disallow an Interest Income Offset Comment 13: Comments on the Verification Report VerDate Sep<11>2014 17:01 Jan 05, 2023 Jkt 259001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 lotter on DSK11XQN23PROD with NOTICES1 1052 Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Notices 1 See Sodium Nitrite from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 50604 (August 17, 2022) (Preliminary Determination). 2 See Deepak’s Letter, ‘‘Case Brief,’’ dated November 14, 2022; see also Petitioner’s Letter, ‘‘Case Brief of Chemtrade Chemical US LLC,’’ dated November 15, 2022. 3 See Petitioner’s Letter, ‘‘Rebuttal Brief of Chemtrade Chemical US LLC,’’ dated November 21, 2022. 4 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Sodium Nitrite from India,’’ dated concurrently with this notice. 5 Id. at 2–3. 6 See Memorandum, ‘‘Final Determination Analysis Memorandum for Deepak Nitrite Limited,’’ dated concurrently with this notice. VIII. Recommendation [FR Doc. 2023–00085 Filed 1–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–906] Sodium Nitrite From India: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that sodium nitrite from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). DATES : Applicable January 6, 2023. 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. SUPPLEMENTARY INFORMATION : Background On August 17, 2022, Commerce published in the Federal Register the preliminary determination. 1 We invited interested parties to comment on the Preliminary Determination. We received comments on the Preliminary Determination from Deepak Nitrite Limited (Deepak) and Chemtrade Chemical US LLC (the petitioner) on November 14 and 15, respectively. 2 On November 21, 2022, the petitioner submitted a rebuttal brief.3 Period of Investigation The period of investigation (POI) is January 1, 2021, through December 31, 2021. Scope of the Investigation The product covered by this investigation is sodium nitrite from India. For a complete description of the scope of this investigation, see Appendix I. Analysis of Comments Received The issues raised in comments that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum.4 A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. 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. Changes Since the Preliminary Determination Based on the analysis of comments received, we made some changes for the final determination.5 All-Others Rate As discussed in the Preliminary Determination, Commerce based the all- others rate on the weighted average dumping margin calculated for Deepak, the only individually examined exporter/producer in this investigation, pursuant to section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act). Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset(s)) (percent) 6 Deepak Nitrite Limited ................................................................................................................................. 44.82 42.76 All Others ..................................................................................................................................................... 44.82 42.76 Disclosure We intend to disclose to interested parties the calculations and analysis performed in this final determination within five days of public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of subject merchandise, as described in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption on or after August 17, 2022, the date of publication of the affirmative Preliminary Determination in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.205(d), upon publication of this notice, we will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for Deepak is the company- specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a company identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of VerDate Sep<11>2014 17:01 Jan 05, 2023 Jkt 259001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - India === 1044 Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Notices 1 See Barium Chloride from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 87 FR 36460 (June 17, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Barium Chloride from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of sodium nitrite from India. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: December 30, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The product covered by this investigation is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by this investigation may or may not contain an anticaking agent. Examples of names commonly used to reference sodium nitrite are nitrous acid, sodium salt, anti-rust, diazotizing salts, erinitrit, and filmerine. Sodium nitrite’s chemical composition is NaNO2, and it is generally classified under subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). The American Chemical Society Chemical Abstract Service (CAS) has assigned the name ‘‘sodium nitrite’’ to sodium nitrite. The CAS registry number is 7632–00–0. For purposes of the scope of this investigation, the narrative description is dispositive, not the tariff heading, CAS registry number or CAS name, which are provided for convenience and customs purposes. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Subsidies Valuation IV. Use of Facts Available and Adverse Inferences V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether Provision of Land for Less Than Adequate Remuneration (LTAR) Is Countervailable Comment 2: Whether Commerce Correctly Calculated the Benefits for Provision of Land LTAR Comment 3: Whether the Selection of Land LTAR Benchmark Is Appropriate Comment 4: Whether the Provision of Coal for LTAR Is Countervailable Comment 5: Whether Commerce Correctly Calculated the Benefit for Provision of Coal LTAR Comment 6: Whether Commerce Correctly Calculated the Benchmark for Provision of Coal LTAR Comment 7: Whether Commerce Should Find that Section 35(1)(iv) of the Income Tax Act (ITA), 1961 Is a Countervailable Program Comment 8: Whether Commerce Correctly Calculated the Benefits for Section 35(1)(iv) of the Income Tax Act, 1961 Comment 9: Whether Commerce Should Find that Deepak Failed To Report Benefits Under Other Subsections for Section 35 of the ITA Comment 10: Whether Commerce Should Find Should Find that Deepak and Deepak Fertilizers and Petrochemicals Corporation (DFPCL) are Cross-Owned Affiliates Comment 11: Whether Commerce Should Find That Other Indian Producers Did Not Cooperate, and Assign a Rate Based on Adverse Inferences (AFA) to These Other Exporters Comment 12: Whether Commerce Should Calculate Benefits for Status Holder Incentive Scheme (SHIS) Comment 13: Whether Commerce Should Correct the Duty Drawback (DDB) Calculation Comment 14: Whether Commerce Should Calculate Benefits Under the Merchandise Export from India Scheme (MEIS) Comment 15: Whether Commerce Chose the Appropriate Benchmark for the Gujarat Industrial Development Corporation (GIDC) Preferential Water Rates Program Comment 16: Whether Commerce Correctly Calculated a Benchmark Representing the Delivered Price of Natural Gas VII. Recommendation [FR Doc. 2023–00073 Filed 1–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–909] Barium Chloride From India: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of barium chloride from India. DATES : Applicable January 6, 2023. FOR FURTHER INFORMATION CONTACT : Tyler Weinhold or Harrison Tanchuck, 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) 482–1121 or (202) 482–7421, respectively. SUPPLEMENTARY INFORMATION : Background On June 17, 2022, Commerce published the Preliminary Determination in the Federal Register.1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 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 VerDate Sep<11>2014 17:01 Jan 05, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 lotter on DSK11XQN23PROD with NOTICES1 1045Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Notices 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Barium Chloride from India: Preliminary Scope Decision Memorandum,’’ dated July 6, 2022 (Preliminary Scope Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Memoranda, ‘‘Verification of the Responses of the Government of India,’’ dated November 8, 2022; and ‘‘Verification of the Responses of Chaitanya Chemicals and its Affiliates,’’ dated November 8, 2022. 6 As discussed in the Issues and Decision Memorandum, Commerce has found the following company to be cross-owned with Chaitanya Chemicals: Chaitanya Barium (India) Private Limited. at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2021, through December 31, 2021. 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 On July 6, 2022, Commerce issued the Preliminary Scope Memorandum. 3 Commerce received no comments from interested parties on the Preliminary Scope Memorandum. Thus, Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific. 4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we conducted virtual verification, via Webex, to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act.5 Changes Since the Preliminary Determination Based on our review and analysis of the information received during verification and comments received from parties, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Chaitanya Chemicals and for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate We continue to determine the all- others rate using the individual estimated countervailable subsidy rate determined for Chaitanya Chemicals, the only individually examined producer/exporter in this investigation, in accordance with section 705(c)(5)(A)(i) of the Act. Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Chaitanya Chemicals 6 ......... 23.57 All Others .............................. 23.57 Disclosure Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the publication of this notice, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after June 17, 2022, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we will instruct CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after October 15, 2022, but to continue the suspension of liquidation of all entries of subject merchandise on or after June 17, and on or before October 14, 2022. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of barium chloride from India. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of barium chloride from India. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely VerDate Sep<11>2014 17:01 Jan 05, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 lotter on DSK11XQN23PROD with NOTICES1 1046 Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Notices 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 6487, 6489–90 (February 4, 2022) (Initiation Notice). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2020–2021,’’ dated August 23, 2022. 3 See Memorandum, ‘‘Respondent Selection,’’ dated March 18, 2022. 4 See Memorandum ‘‘Decision Memorandum for the Preliminary Results of the 2020–2021 Antidumping Duty Administrative Review of Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules, from the People’s Republic of China,’’ issued concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). 5 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Amended Final written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: December 30, 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether Andhra Pradesh Mineral Development Corporation (APMDC) is an Authority Providing a Financial Contribution Comment 2: Whether the Provision of Barytes for Less Than Adequate Remuneration (LTAR) Program is Specific Comment 3: Whether the Barytes Market in India is Distorted Comment 4: Which Barytes Value Sources Should Commerce Use to Construct a Tier Two Benchmark Comment 5: Which Ocean Freight Values Should Commerce Use to Construct a Tier Two Benchmark Comment 6: Which Import Duties Should Commerce Use to Construct a Tier Two Benchmark Comment 7: Which Brokerage and Handling Benchmark Calculations Should Commerce Use to Construct the Tier II Benchmark Comment 8: Whether There Were Procedural Irregularities in the Post- Preliminary Analysis that Require an Adjustment to the Preliminary Determination Comment 9: Whether Subsidies Received by Barium India Should be Attributed to Chaitanya Comment 10: Whether Commerce Used the Incorrect Figure to Calculate a Benefit for CBI’s ‘‘Investment Subsidy’’ of 15 Percent Reimbursement for Investments Under Industrial Development Policy (IDP) 2020–2023, Industrial Investment Promotion Policy (IIPP) 2010–2015, or IDP 2015–2020 Program Comment 11: Whether the Duty Drawback (DDB) Program is Countervailable Comment 12: Whether Three Programs Under Investigation Are Specific Comment 13: Whether Chaitanya Received Benefits from the Merchandise Exports from India Scheme (MEIS) during the Period of Investigation (POI) Comment 14: Whether Commerce Should Continue to Apply Adverse Facts Available (AFA) to the ‘‘Reimbursement of Interest Subsidy’’ Under IDP 2020– 2023, IIPP 2010–2015, or IDP 2015–2020 Program VIII. Recommendation [FR Doc. 2023–00086 Filed 1–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Administrative Review, and Preliminary Determination of No Shipments; 2020–2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that, with the exception of the nine companies with no shipments, 14 companies under review sold subject merchandise at less than normal value during the period of review (POR), December 1, 2020, through November 30, 2021, and one did not sell merchandise below normal value. Commerce also preliminarily determines that 19 companies subject to this review are part of the China-wide entity because they did not demonstrate their eligibility for a separate rate. Additionally, Commerce is rescinding this review with respect to 11 companies. Interested parties are invited to comment on these preliminary results of review. DATES : Applicable January 6, 2023. FOR FURTHER INFORMATION CONTACT : Jeff Pedersen, Dakota Potts or Paola Aleman Ordaz, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2769, (202) 482–0223, or (202) 482–4031, respectively. SUPPLEMENTARY INFORMATION : Background On February 4, 2022, in response to review requests from multiple parties, Commerce initiated an administrative review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (China) with respect to 54 exporters. 1 The POR is December 1, 2020, through November 30, 2021. On August 23, 2022, Commerce extended the time limit for completing the preliminary results of this review. 2 The extended deadline for issuing the preliminary results of this review is December 30, 2022. On March 18, 2022, Commerce selected two exporters to individually examine as mandatory respondents, Chint Solar (Zhejiang) Co., Ltd. (Chint Solar) and Shenzhen Glory Industries Co., Ltd. (Shenzhen Glory).3 During the course of this review, the mandatory respondents filed responses to Commerce’s questionnaire and supplemental questionnaires, the petitioner (the American Alliance for Solar Manufacturing) commented on those responses, and multiple other companies for which Commerce initiated the review filed either no- shipment claims or separate rate applications or certifications. For details regarding the events that occurred subsequent to the initiation of the review, see the Preliminary Decision Memorandum.4 Scope of the Order 5 The merchandise covered by the order is crystalline silicon photovoltaic cells, VerDate Sep<11>2014 17:01 Jan 05, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - India === 50602 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices 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). (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non- rectangular 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 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 non- metallic 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 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. VerDate Sep<11>2014 17:22 Aug 16, 2022 Jkt 256001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 JSPEARS on DSK121TN23PROD with NOTICES 50603Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices 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). 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). 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. 9 Case briefs, other written comments, and rebuttal briefs submitted by parties in response to this preliminary LTFV determination should not Continued 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 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 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. 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: Exporter/producer Estimated weighted- 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 VerDate Sep<11>2014 17:22 Aug 16, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 JSPEARS on DSK121TN23PROD with NOTICES 50604 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices 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. 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-Fair- Value Investigation, 87 FR 34851 (June 8, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Sodium Nitrite from India’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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. 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. 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 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 AGENCY : 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. 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 VerDate Sep<11>2014 17:22 Aug 16, 2022 Jkt 256001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 JSPEARS on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 54714 Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices 1 For Commerce’s complete scope, please see 87 FR 50602, August 17, 2022. 2 While Commerce has preliminarily determined that imports of barium chloride from India are not being and are not likely to be sold in the United States at less than fair value, the Commission is continuing its investigative activities pursuant to Commission rule 207.21(c). reasonable accommodation requests are managed on a case-by-case basis. (Authority: 43 CFR 1784.4–2) Kurt Pindel, Spokane District Manager. [FR Doc. 2022–19319 Filed 9–6–22; 8:45 am] BILLING CODE 4310–33–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–678 and 731– TA–1584 (Final)] Barium Chloride From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of countervailing and antidumping duty investigation Nos. 701–TA–678 and 731–TA–1584 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of barium chloride from India, provided for in subheading 2827.39.45 of the Harmonized Tariff Schedule of the United States. The Department of Commerce (‘‘Commerce’’) has preliminarily determined imports of barium chloride from India to be subsidized. In addition, Commerce has made a preliminary negative determination of sales at less-than-fair value in the antidumping duty investigation of barium chloride from India. DATED : August 17, 2022. FOR FURTHER INFORMATION CONTACT : Alejandro Orozco ((202) 205–3177), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘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).’’ 1 Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative preliminary determination by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in India of barium chloride.2 The investigations were requested in petitions filed on January 12, 2022, by Chemical Products Corp., Cartersville, Georgia. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on December 16, 2022, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on January 5, 2023. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https://www.usitc.gov/ calendarpad/calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before December 28, 2022. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3 p.m. the business day prior to the hearing. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to VerDate Sep<11>2014 17:50 Sep 06, 2022 Jkt 256001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1 lotter on DSK11XQN23PROD with NOTICES1 54715Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on December 30, 2022. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is December 27, 2022. Parties may also file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is January 11, 2023. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before January 11, 2023. On January 25, 2023, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before January 27, 2023, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: August 25, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–19315 Filed 9–6–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employee Benefits Security Administration [Application No. D–12022] Z–RIN 1210 ZA07 Comment Period Extension and Hearing Notice for Proposed Amendment to Prohibited Transaction Class Exemption 84–14 (the QPAM Exemption) AGENCY : Employee Benefits Security Administration, U.S. Department of Labor. ACTION : Notice of extension of comment period; hearing notice and subsequent reopening of comment period. SUMMARY : The Department of Labor (the Department) is extending the comment period for a proposed amendment to prohibited transaction class exemption 84–14 (the Proposed QPAM Amendment). Additionally, the Department of Labor’s Employee Benefits Security Administration (EBSA) will hold a virtual public hearing regarding the Proposed QPAM Amendment. EBSA welcomes comments and requests to testify at the hearing from the general public. As discussed in the DATES section below, the Department also will reopen the comment period for the Proposed QPAM Amendment in connection with the hearing. DATES : Written comments on the Proposed QPAM Amendment and requests to testify at the hearing must be submitted to the Department on or before October 11, 2022. The public hearing will be held on November 17, 2022, and November 18, 2022 (if necessary), via WebEx beginning at 9 a.m. EST. The Department will reopen the comment period for the Proposed QPAM Amendment for a supplemental comment period beginning on the hearing date (November 17, 2022) and publish a Federal Register notice announcing that the hearing transcript is available on EBSA’s web page and when the supplemental comment period ends. ADDRESSES : Please submit all written comments and requests to testify at the hearing to the Office of Exemption Determinations through the Federal eRulemaking Portal at www.regulations.gov using Docket ID number: EBSA–2022–0008. Instructions are provided at the end of this notice. FOR FURTHER INFORMATION CONTACT : Erin Scott Hesse, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. Telephone: (202) 693–8546 (this is not a toll-free number). SUPPLEMENTARY INFORMATION : Background The Department published the Proposed QPAM Amendment on July 27, 2022, with a 60-day comment period that is scheduled to expire on September 26, 2022. Since the publication of the Proposed QPAM Amendment, the Department received a request from interested persons for the Department to extend its comment period for at least an additional 60 days. After carefully considering the extension request, the Department has decided that it is appropriate to extend the initial comment period for an additional 15 days until October 11, 2022 (a total of 75 days) to provide interested parties with additional time to prepare and submit comments, as well as to provide a supplemental comment period following a public hearing. Hearing and Supplementary Comment Period On its own motion, the Department also has decided to hold a virtual public hearing to provide an opportunity for all interested parties to testify on material information and issues regarding the Proposed QPAM Amendment. The hearing will be held via WebEx on November 17, 2022, and November 18, 2022 (if necessary), beginning at 9 a.m. EDT and will be transcribed. Registration information to access and view the hearing will be available on EBSA’s website: www.dol.gov/agencies/ ebsa. The Department will reopen the comment period on the Proposed QPAM VerDate Sep<11>2014 17:50 Sep 06, 2022 Jkt 256001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - India === 36460 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 1 See Barium Chloride from India: Initiation of Countervailing Duty Investigation, 87 FR 7094 (February 8, 2022) (Initiation Notice). 2 See Barium Chloride from India: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 87 FR 14508 (March 15, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Barium Chloride from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See sections 776(a) and (b) of the Act. 8 See Petitioner’s Letter, ‘‘Countervailing Duty Investigation of Barium Chloride from India: Request to Align Final CVD Determination with Final AD Determination,’’ dated April 6, 2022. March 31, 2022 Notice of New System of Record. Jennifer Goode, Department of Commerce, Deputy Director and Acting Chief Privacy Officer and Director of the Office of Privacy and Open Government. [FR Doc. 2022–12569 Filed 6–16–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–04–2022] Foreign-Trade Zone (FTZ) 177— Evansville, Indiana; Authorization of Production Activity; AstraZeneca Pharmaceuticals, LP (Pharmaceutical Products); Mount Vernon, Indiana On February 14, 2022, AstraZeneca Pharmaceuticals, LP submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ Subzone 177A, in Mount Vernon, Indiana. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 10332–10333, February 24, 2022). On June 14, 2022, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: June 14, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–13065 Filed 6–16–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–909] Barium Chloride From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of barium chloride from India. The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 17, 2022. FOR FURTHER INFORMATION CONTACT : Tyler Weinhold or Harrison Tanchuck, 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) 482–1221 or (202) 482–7421, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(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 March 15, 2022, Commerce postponed the preliminary determination of this investigation until June 13, 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 discussed 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 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. We intend to issue our preliminary decision regarding the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations on or before the preliminary determination of the companion AD investigation, the deadline for which is August 10, 2022. We will incorporate the scope decisions from the AD investigation into the scope of the final CVD determination for this investigation, after considering any relevant comments submitted in scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available. 7 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of barium chloride from India based on a request made by the petitioner.8 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently VerDate Sep<11>2014 18:38 Jun 16, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1 lotter on DSK11XQN23PROD with NOTICES1 36461Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 9 As discussed in the Preliminary Decision Memorandum, Commerce has found the following company to be cross-owned with Chaitanya Chemicals: Chaitanya Barium (India) Private Limited. 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). scheduled to be issued no later than October 25, 2022, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. Commerce calculated an individual estimated countervailable subsidy rate for Chaitanya Chemicals (Chaitanya), the only exporter/producer selected for individual examination in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average rate calculated for Chaitanya is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Chaitanya Chemicals 9 ......... 1.64 All Others .............................. 1.64 Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date 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 may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 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. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, 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 from India are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: June 13, 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. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Subsidies Valuation VII. Discount Rates VIII. Use of Facts Otherwise Available and Adverse Inferences IX. New Subsidy Allegation: Provision of Barytes for Less Than Adequate Remuneration Program X. Analysis of Programs XI. Calculation of the All-Others Rate XII. Recommendation [FR Doc. 2022–13138 Filed 6–16–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–967; C–570–968] Aluminum Extrusions From the People’s Republic of China: Preliminary Results of Changed Circumstances Reviews AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) intends to revoke, in part, the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People’s Republic of China (China) with respect certain rectangular wire. Interested VerDate Sep<11>2014 18:38 Jun 16, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - CVD - India === 14120 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices 14 See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 28, 1994). 1 See Barium Chloride From India: Final Affirmative Countervailing Duty Determination, 88 FR 1044 (January 6, 2021) (Final Determination). 2 See ITC’s Letter, ‘‘Investigation No. 701–TA–678 (Final),’’ dated February 17, 2023 (ITC Notification Letter); see also Barium Chloride from India, 88 FR 11476 (February 23, 2023). 3 See Barium Chloride from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 87 FR 36460 (June 17, 2022) (Preliminary Determination). intermediate company(ies) involved in the transaction. The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future deposits of estimated duties, where applicable. We intend to issue assessment instructions to CBP no earlier than 35 days after date of publication of the final results of this review 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). Cash Deposit Requirements The following cash deposit requirements for estimated antidumping duties will be effective upon publication of the notice of final results of this review for all shipments of stainless steel bar from India entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the company listed above will be established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by companies not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be the 12.45 percent, the all-others rate established in the LTFV investigation.14 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this period of review. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: February 28, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation and Collapsing V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2023–04574 Filed 3–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–909] Barium Chloride From India: Countervailing Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on barium chloride from India. DATES : Applicable March 7, 2023. FOR FURTHER INFORMATION CONTACT : Tyler Weinhold or Harrison Tanchuck, AD/CVD Operations, Office VI, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1121 and (202) 482–4798, respectively. SUPPLEMENTARY INFORMATION : Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on January 6, 2023, Commerce published its affirmative final determination in the countervailing duty investigation of barium chloride from India. 1 On February 17, 2023, the ITC notified Commerce of its final determination, pursuant to sections 705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of barium chloride from India.2 Scope of the Order The scope of the order is barium chloride from India. For a complete description of the scope of this order, see the appendix to this notice. Countervailing Duty Order As noted above, on February 17, 2023, in accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of imports of barium chloride from India. Therefore, in accordance with sections 705(c)(2) and 706 of the Act, Commerce is issuing this countervailing duty order. Because the ITC determined that imports of barium chloride from India are materially injuring a U.S. industry, unliquidated entries of such merchandise from India, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. In accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties for all relevant entries of barium chloride from India. With the exception of entries occurring after the provisional measures period and before the publication of the ITC’s final affirmative injury determination, as further described below, countervailing duties will be assessed on unliquidated entries of barium chloride from India entered, or withdrawn from warehouse, for consumption on or after June 17, 2022, the date of publication of the Preliminary Determination.3 Suspension of Liquidation and Cash Deposits In accordance with section 706 of the Act, Commerce will direct CBP to VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 14121Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices 4 As discussed in the Final Determination and accompanying Issues and Decision Memorandum, Commerce has found the following company to be cross-owned with Chaitanya Chemicals: Chaitanya Barium (India) Private Limited. 5 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 6 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 7 Id. 8 This segment will be combined with the ACCESS Segment Specific Information (SSI) field, which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 9 See Final Rule, 86 FR at 52335. reinstitute the suspension of liquidation of barium chloride from India, effective on the date of publication of the ITC’s notice of final determination in the Federal Register. These instructions will remain in effect until further notice. Commerce also intends, pursuant to section 706(a)(1) of the Act, to instruct CBP to assess countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates below. On or after the publication of the ITC’s final injury determination in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated import duties on this merchandise, a cash deposit equal to the rates listed in the table below. The all- others rate applies to all producers or exporters not specifically listed, as appropriate. Company Subsidy rate (percent) Chaitanya Chemicals 4 ............... 23.57 All-Others .................................... 23.57 Provisional Measures Section 703(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. In the underlying investigation, Commerce published the Preliminary Determination, which was affirmative, on June 17, 2022. Therefore, entries of barium chloride from India made on or after October 15, 2022, and prior to the date of publication of the ITC’s final determination in the Federal Register, are not subject to the assessment of countervailing duties due to Commerce’s discontinuation of the suspension of liquidation. In accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of barium chloride from India, entered, or withdrawn from warehouse, for consumption, on or after October 15, 2022, the date on which the provisional measures period expired, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. Establishment of the Annual Inquiry Service Lists On September 30, 2021, Commerce published the final rule entitled: Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws in the Federal Register.5 On September 27, 2021, Commerce also published the notice entitled: Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions in the Federal Register. 6 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.7 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 8 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance, the new annual inquiry service list will be in place until the following year, when the opportunity notice for the anniversary month of the order is published in the Federal Register. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 9 Accordingly, as stated above, the petitioner and the Government of India (GOI) should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the GOI will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the GOI are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notifications to Interested Parties This notice constitutes the countervailing duty order with respect to barium chloride from India, pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This order is published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 14122 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices 1 See Wood Mouldings and Millwork Products from the People’s Republic of China: Countervailing Duty Order, 86 FR 9484 (February 16, 2021) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation Notice). 3 See Memorandum, ‘‘Respondent Selection,’’ dated June 21, 2022. 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2020–2021,’’ dated October 5, 2022. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Wood Mouldings and Millwork Products from the People’s Republic of China; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See Gaomi Hongtai Home Furniture Co., Ltd.’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated June 30, 2022. 7 See Sanming Lingtong Trading Co., Ltd./ Sanming Lintong Trading Co., Ltd.’s Letter, ‘‘Withdrawal of Request for Administrative Review and Request for Extension of Time to File Request’’ dated July 11, 2022. 8 See the Petitioner’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated July 11, 2022. 9 See Appendix II for a list of companies for which we are rescinding the review due to the timely withdrawal of the request for review. 10 See Memorandum, ‘‘Notice of Intent to Rescind Review, In Part,’’ dated June 29, 2022 (Intent to Rescind Memorandum). 11 See Aventra Inc.’s Letter, ‘‘Comments on Notice of Intent to Rescind Review, In Part,’’ dated July 13, 2022; see also China Cornici Co., Ltd.’s Letter, ‘‘Comments on Notice of Intent to Rescind Review, In Part,’’ dated July 13, 2022; Omni One Co., Limited’s Letter, ‘‘Comments on Notice of Intent to Rescind Review, In Part,’’ July 13, 2022; Raoping HongRong Handicrafts Co., Ltd.’s Letter, ‘‘Comments on Notice of Intent to Rescind Review, In Part,’’ dated July 13, 2022; Shenzhen Xinjintai Industrial Co., Ltd.’s Letter, ‘‘Comments on Notice of Intent to Rescind Review, In Part,’’ dated July 13, 2022. Dated: February 28, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The merchandise covered by this order 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 order is dispositive. [FR Doc. 2023–04604 Filed 3–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–118] Wood Mouldings and Millwork Products From the People’s Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2020– 2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of wood moulding and millwork products (millwork products) from the People’s Republic of China (China) during the period of review (POR), June 12, 2020, through December 31, 2021. In addition, Commerce is rescinding this review with respect to 38 companies. Interested parties are invited to comment on these preliminary results of review. DATES : Applicable March 7, 2023. FOR FURTHER INFORMATION CONTACT : Janae Martin or Faris Montgomery, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0238 or (202) 482–1537, respectively. SUPPLEMENTARY INFORMATION : Background On February 16, 2021, Commerce published a countervailing duty (CVD) order on millwork products from China. 1 The Coalition of American Millwork Producers (the petitioner) and other interested parties requested that Commerce conduct an administrative review of the Order. On February 4, 2022, Commerce published in the Federal Register a notice of initiation of an administrative review of the Order.2 We initiated an administrative review of 70 producers/exporters of millwork products from China for the POR. On June 21, 2022, Commerce selected Fujian Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng Imp & Exp Trading Co., Ltd. (Yinfeng) as the mandatory respondents in this administrative review.3 On October 5, 2022, Commerce extended the deadline for the preliminary results of this review to no later than February 28, 2023. 4 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 5 A list of topics discussed in the Preliminary Decision Memorandum is included at Appendix I. 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 Order The product covered by the Order is millwork products from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. On June 30, 2022, Gaomi Hongtai Home Furniture Co., Ltd. timely withdrew its request for review.6 On July 11, 2022, Sanming Lingtong Trading Co., Ltd. and Sanming Lintong Trading Co., Ltd. timely withdrew their requests for review.7 On July 11, 2022, the petitioner timely withdrew its requests for review of 57 companies. 8 For the 34 companies for which all requests for review were timely withdrawn, we are rescinding this review, in part with respect to these companies pursuant to 19 CFR 351.213(d)(1).9 On June 29, 2022, Commerce notified interested parties that we intended to rescind this administrative review with respect to certain companies, in the absence of suspended entries during the POR. 10 Five companies listed in our Intent to Rescind Memorandum, Aventra Inc., China Cornici Co., Ltd., Omni One Co., Limited, Raoping HongRong Handicrafts Co., Ltd. (d.b.a. Chen Chui Global Corp), and Shenzhen Xinjintai Industrial Co., Ltd., submitted comments claiming that they had entries of subject merchandise during the POR. 11 As we require more time to fully examine the companies’ claims and request additional information if necessary, we are not rescinding the review of these five companies at this time, and will make a determination in the final results. With respect to the remaining four companies noted in our Intent to Rescind Memorandum and for which all review requests were not VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 ddrumheller on DSK120RN23PROD with NOTICES1

Linked AD/CVD order

Active order issued from this investigation

View linked AD/CVD order: C-533-909 →

Frequently asked questions

What is ITC investigation 701-TA-678?

Investigation 701-TA-678 is a U.S. International Trade Commission antidumping (AD) proceeding on Barium Chloride from India; Inv. No. 701-TA-678 and 731-TA-1584 (Final) from India. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.

What phase is this investigation in?

701-TA-678 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.

Has an AD/CVD order been issued from this investigation?

Yes — investigation 701-TA-678 resulted in AD/CVD case C-533-909. The linked order page on this catalog has the active deposit rate, scope text, and Federal Register citation.

How do I follow updates on this investigation?

The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.

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Trade compliance APIs in broker workflows

Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.

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Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.

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Determine if a product is in scope of an AD/CVD order

Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).

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Drop the Tandom Duty Calculator API into a TMS, broker software, or in-house ERP. Code samples, the response shape, and ACE reporting order, in 2026.

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Bulk-classify SKU descriptions with the Tandom HTS Classifier API

Run thousands of product descriptions through HTS classification, score the confidence, and triage borderline rows. Public search endpoint plus the closed-beta three-layer Classifier.

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Source: USITC Investigations Data Service