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Notice

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

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Document Details

Document Number2024-25613
TypeNotice
PublishedNov 5, 2024
Effective Date-
RIN-
Docket IDA-570-007, C-533-909
Text FetchedYes

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2024-21224 Notice Barium Chloride From the People's Republ... Sep 18, 2024

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Full Document Text (1,743 words · ~9 min read)

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-570-007, C-533-909]</DEPDOC> <SUBJECT>Barium Chloride From the People's Republic of China and India: Final Results of Changed Circumstances Reviews and Revocation of the Antidumping Duty and Countervailing Duty Orders</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) is revoking the antidumping duty (AD) order on barium chloride from the People's Republic of China (China) and the countervailing duty (CVD) order on barium chloride from India. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable November 5, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Megan Goins, AD/CVD Operations, Office V (China), and Harrison Tanchuck, AD/CVD Operations, Office VI (India), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0884 and (202) 482-7421. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On October 17, 1984, Commerce issued the AD order on barium chloride from China, and on March 7, 2023, Commerce issued the CVD order on barium chloride from India. <SU>1</SU> <FTREF/> On September 18, 2024, Commerce published the initiation and preliminary results of the changed circumstances reviews (CCRs) and revocation of the <E T="03">Orders</E> pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b) and 19 CFR 351.222. <SU>2</SU> <FTREF/> We invited interested parties to comment on the <E T="03">Preliminary Results.</E> Honeywell International Inc (Honeywell) submitted comments agreeing with the <E T="03">Preliminary Results</E> and stating that Commerce's general practice in these cases is to liquidate without regard to antidumping and/or countervailing duties, and to refund any estimated antidumping and/or countervailing duties, on all unliquidated entries of the merchandise covered by a revocation that are not covered by the final results of an administrative review or automatic liquidation instructions. Honeywell, therefore, requested that Commerce revoke the <E T="03">AD Order</E> with an effective date of October 1, 2023, and revoke the <E T="03">CVD Order</E> with an effective date of June 17, 2022. <SU>3</SU> <FTREF/> We did not receive comments from any other interested party. <FTNT> <SU>1</SU>   <E T="03">See Antidumping Duty Order; Barium Chloride from the People's Republic of China,</E> 49 FR 40635 (October 17, 1984) ( <E T="03">AD Order</E> ); and <E T="03">Barium Chloride from India: Countervailing Duty Order,</E> 88 FR 14120 (March 7, 2023) ( <E T="03">CVD Order</E> ) (collectively, <E T="03">Orders</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Barium Chloride from the People's Republic of China and India: Initiation and Preliminary Results of Changed Circumstances Review and Intent to Revoke the Antidumping Duty and Countervailing Duty Orders,</E> 89 FR 76448 (September 18, 2024) ( <E T="03">Initiation and Preliminary Results</E> ). </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Honeywell's Letter, “Case Brief,” dated September 25, 2024 (Case Brief). </FTNT> <HD SOURCE="HD1">Scope of the Orders</HD> The merchandise covered by the <E T="03">Orders</E> is barium chloride, a chemical compound having the formulas BaC12 or BaC12-2H20, currently classifiable under subheading 2827.39.4500 of the Harmonized Tariff Schedule of the United States (HTSUS). <SU>4</SU> <FTREF/> Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of these <E T="03">Orders</E> is dispositive. <FTNT> <SU>4</SU>  The scope reflects the HTSUS subheading currently in effect. </FTNT> <HD SOURCE="HD1">Final Results of Changed Circumstances Reviews and Revocation of the Orders</HD> Because no party submitted comments objecting to the <E T="03">Preliminary Results</E> of these CCRs, and the record contains no further information or evidence that weighs against the proposed revocations, Commerce determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g), that there are changed circumstances that warrant revocation of the <E T="03">Orders.</E> Specifically, in light of Chemical Products Corporation's (the petitioner) lack of objection to these CCRs, the petitioner's indication that it does not have an interest in the <E T="03">Orders,</E> <SU>5</SU> <FTREF/> and the absence of comments from any interested party opposing the <E T="03">Initiation and Preliminary Results,</E> we find that producers accounting for substantially all of the production of the domestic like product to which the <E T="03">Orders</E> pertain lack interest in the relief provided by the <E T="03">Orders.</E> Accordingly, we are revoking the <E T="03">Orders.</E> <FTNT> <SU>5</SU>   <E T="03">See Initiation and Preliminary Results,</E> 89 FR at 76449; <E T="03">see also</E> Honeywell's Letters, “Barium Chloride from the People's Republic of China: Changed Circumstances Review Request,” dated August 6, 2024 at 3 and Exhibit 1; and “Barium Chloride from India: Changed Circumstances Review Request,” dated September 5, 2024 at 5 and Exhibit 4. </FTNT> <HD SOURCE="HD1">Application of the Final Results of the CCRs</HD> Section 751(d)(3) of the Act provides that “{a} determination under this section to revoke an order . . . shall apply with respect to unliquidated entries of subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering authority.” Commerce's general practice is to instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to antidumping or countervailing duties, and to refund any estimated antidumping or countervailing duties on, all unliquidated entries of the merchandise covered by a revocation that are not covered by the final results of an administrative review or automatic liquidation instruction. <SU>6</SU> <FTREF/> Consistent with our practice, we are applying the final results of these CCRs to all unliquidated entries of the merchandise covered by the <E T="03">AD Order</E> which have been entered, or withdrawn from warehouse, for consumption on or after October 1, 2023, <E T="03">i.e.,</E> the day following the last day of the period covered by the most recently-completed administrative review of the <E T="03">AD Order,</E> and that are not already subject to automatic liquidation instructions;  <SU>7</SU> <FTREF/> and to all unliquidated entries covered by the <E T="03">CVD Order</E> which have been entered, or withdrawn from warehouse, for consumption on or after January 1, 2024, <E T="03">i.e.,</E> the day following the last day of the period covered by the most recently-completed administrative review of the <E T="03">CVD Order,</E> and that are not already subject to automatic liquidation instructions. <SU>8</SU> <FTREF/> <FTNT> <SU>6</SU>   <E T="03">See, e.g., Certain Pasta from Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part,</E> 76 FR 27634 (May 12, 2011); <E T="03">Stainless Steel Bar from the United Kingdom: Notice of Final Results of Changed Circumstances Review and Revocation of Order, in Part,</E> 72 FR 65706 (November 23, 2007); <E T="03">Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation of Order In Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Germany,</E> 71 FR 66163 (November 13, 2006); <E T="03">Notice of Final Results of Antidumping Duty Changed Circumstances Reviews and Revocation of Orders in Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Canada and Germany,</E> 71 FR 14498 (March 22, 2006); and <E T="03">Notice of Final Results of Antidumping Duty Changed Circumstances Review, and Determination to Revoke Order in Part: Certain Cased Pencils from the People's Republic of China,</E> 68 FR 62428 (November 4, 2003). </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Case Brief at 5; <E T="03">see also Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List,</E> 88 FR 68098 (October 3, 2023); and <E T="03">Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 84784 (December 6, 2023). </FTNT> <FTNT> <SU>8</SU>   <E T="03">See Rescission of Antidumping and Countervailing Duty Administrative Reviews,</E> 89 FR 84117 (October 22, 2024) ( <E T="03">Rescission Notice</E> ). Honeywell requested that Commerce revoke the <E T="03">CVD Order</E> with an effective date of the preliminary determination in the underlying investigation, <E T="03">i.e.,</E> June 17, 2022. <E T="03">See</E> Case Brief at 5. However, because the opportunity to request the first administrative review occurred in March, 2024, and Commerce issued automatic liquidation instructions for the period June 17, 2022, through December 31, 2023, on June 18, 2024, it is not appropriate to make the revocation effective June 17, 2022. Additionally, Honeywell's Case Brief was submitted prior to the publication of this <E T="03">Rescission Notice.</E> Honeywell agrees that Commerce should liquidate without regard to antidumping and/or countervailing duties, and to refund any estimated antidumping and/or countervailing duties, on all unliquidated entries of the merchandise covered by a revocation that are not ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 13k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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