80_FR_68725 80 FR 68511 - Barium Chloride From the People's Republic of China: Continuation of Antidumping Duty Order

80 FR 68511 - Barium Chloride From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range68511-68512
FR Document2015-28250

As a result of the determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC'') that revocation of the antidumping duty (``AD'') order on barium chloride from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68511-68512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-007]


Barium Chloride From the People's Republic of China: Continuation 
of Antidumping Duty Order

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

ACTION: Notice.

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SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') order on 
barium chloride from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty order.

DATES: Effective Date: November 5, 2015.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

SUPPLEMENTARY INFORMATION: 

Background

    On August 27, 1984, the Department published the final 
determination in the antidumping duty investigation of barium chloride 
from the PRC.\1\ On October 17, 1984, the Department issued an 
antidumping duty order on imports of barium chloride from the PRC.\2\
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    \1\ See Final Determination of Sales at Less Than Fair Value; 
Barium Chloride From the People's Republic of China, 49 FR 33916 
(August 27, 1984) (``Final Determination'').
    \2\ See Antidumping Duty Order; Barium Chloride From the 
People's Republic of China, 49 FR 40635 (October 17, 1984) 
(``Order'').
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    On May 1, 2015, the Department initiated the fourth five-year 
(``sunset'') review of the AD order on barium chloride from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
``Act'').\3\ As a result of its review, the Department determined that 
revocation of the antidumping duty order on barium chloride from the 
PRC would likely lead to a continuation or recurrence of dumping and, 
therefore,

[[Page 68512]]

notified the ITC of the magnitude of the margins likely to prevail 
should the order be revoked.\4\ On October 30, 2015, the ITC published 
its determination, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on barium chloride from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \3\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 24900 
(May 1, 2015).
    \4\ See Barium Chloride from the People's Republic of China: 
Final Results of Expedited Fourth Sunset Review of the Antidumping 
Duty Order, 80 FR 36973 (June 29, 2015) and accompanying Issues and 
Decision Memorandum.
    \5\ See Barium Chloride From China: Determination, 80 FR 66935 
(October 30, 2015); see also Barium Chloride from China (Inv. No. 
731-TA-149 (Fourth Review), USITC Publication 4574 (October 2015)).
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Scope of the Order

    The merchandise covered by the order is barium chloride, a chemical 
compound having the formulas BaCl2 or BaCl2-2H2O, currently 
classifiable under item number 2827.39.45.00 of the Harmonized Tariff 
Schedule of the United States (``HTSUS'').\6\ Although the HTSUS item 
number is provided for convenience and for U.S. Customs and Border 
Protection purposes, the written description remains dispositive.
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    \6\ The scope reflects the HTSUS item number currently in 
effect.
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Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the AD order on barium chloride from the 
PRC. U.S. Customs and Border Protection will continue to collect AD 
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 order will be the date of publication in the Federal Register of 
this notice of continuation. Pursuant to section 751(c)(2) of the Act, 
the Department intends to initiate the next five-year review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation. This five-year (``sunset'') review and 
this notice are in accordance with section 751(c) of the Act and 
published pursuant to section 777(i)(1) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28250 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices                                                      68511

                                                  Department has determined, and CBP                      in the LTFV investigation.11 These cash               DEPARTMENT OF COMMERCE
                                                  shall assess, antidumping duties on all                 deposit requirements, when imposed,
                                                  appropriate entries of subject                          shall remain in effect until further                  International Trade Administration
                                                  merchandise in accordance with the                      notice.                                               [A–570–007]
                                                  amended final results of this review.
                                                  The Department intends to issue                         Notification to Importers Regarding the
                                                                                                                                                                Barium Chloride From the People’s
                                                  appropriate assessment instructions                     Reimbursement of Duties
                                                                                                                                                                Republic of China: Continuation of
                                                  directly to CBP 41 days after publication                                                                     Antidumping Duty Order
                                                                                                            This notice also serves as a final
                                                  of the amended final results of this
                                                                                                          reminder to importers of their                        AGENCY:  Enforcement and Compliance,
                                                  administrative review.
                                                    For Electrolux, the Department                        responsibility under 19 CFR                           International Trade Administration,
                                                  calculated ad valorem importer-specific                 351.402(f)(2) to file a certificate                   Department of Commerce.
                                                  assessment rates equal to the total                     regarding the reimbursement of                        ACTION: Notice.
                                                  amount of dumping calculated for the                    antidumping duties prior to liquidation
                                                  importer’s examined sales and the total                 of the relevant entries during this                   SUMMARY:    As a result of the
                                                  entered value of those sales. Where an                  review period. Failure to comply with                 determinations by the Department of
                                                  importer-specific assessment rate is zero               this requirement could result in the                  Commerce (the ‘‘Department’’) and the
                                                  or de minimis (i.e., less than 0.5                      Secretary’s presumption that                          International Trade Commission (the
                                                  percent), the Department will instruct                  reimbursement of antidumping duties                   ‘‘ITC’’) that revocation of the
                                                  CBP to liquidate these entries without                  occurred and the subsequent assessment                antidumping duty (‘‘AD’’) order on
                                                  regard to antidumping duties pursuant                   of double antidumping duties.                         barium chloride from the People’s
                                                  to 19 CFR 351.106(c)(2).                                                                                      Republic of China (‘‘PRC’’) would likely
                                                     For entries of subject merchandise                   Administrative Protective Order                       lead to a continuation or recurrence of
                                                  during the POR produced by Electrolux                                                                         dumping and material injury to an
                                                                                                            This notice also serves as a reminder
                                                  which it did not know were destined for                                                                       industry in the United States, the
                                                                                                          to parties subject to administrative
                                                  the United States, we will instruct CBP                                                                       Department is publishing a notice of
                                                                                                          protective orders (APO) of their                      continuation of the antidumping duty
                                                  to liquidate unreviewed entries at the
                                                                                                          responsibility concerning the return or               order.
                                                  all-others rate if there is no rate for the
                                                  intermediate company or companies                       destruction of proprietary information
                                                                                                          disclosed under APO in accordance                     DATES:   Effective Date: November 5,
                                                  involved in the transaction.10                                                                                2015.
                                                                                                          with 19 CFR 351.305(a)(3), which
                                                  Cash Deposit Requirements                               continues to govern business                          FOR FURTHER INFORMATION CONTACT:
                                                     The following cash deposit                           proprietary information in this segment               Irene Gorelik, AD/CVD Operations,
                                                  requirements will be effective upon                     of the proceeding. Timely written                     Office V, Enforcement and Compliance,
                                                  publication of the notice of amended                    notification of the return/destruction of             International Trade Administration,
                                                  final results of administrative review for              APO materials, or conversion to judicial              U.S. Department of Commerce, 14th
                                                  all shipments of the subject                            protective order, is hereby requested.                Street and Constitution Avenue NW.,
                                                  merchandise entered, or withdrawn                       Failure to comply with the regulations                Washington, DC 20230; telephone: (202)
                                                  from warehouse, for consumption on or                   and the terms of an APO is a                          482–6905.
                                                  after the date of publication, as provided              sanctionable violation.                               SUPPLEMENTARY INFORMATION:
                                                  by section 751(a)(2)(C) of the Act: (1)
                                                  The cash deposit rate for Electrolux will               Disclosure                                            Background
                                                  be equal to the weighted-average                                                                                 On August 27, 1984, the Department
                                                                                                            We will disclose the calculations used
                                                  dumping margin established in the                                                                             published the final determination in the
                                                                                                          in our analysis to parties to this
                                                  amended final results of this                                                                                 antidumping duty investigation of
                                                  administrative review; (2) for                          proceeding within five days of the date               barium chloride from the PRC.1 On
                                                  merchandise exported by manufacturers                   of publication of this notice pursuant to             October 17, 1984, the Department issued
                                                  or exporters not covered in this                        19 CFR 351.224(b).                                    an antidumping duty order on imports
                                                  administrative review but covered in a                    These amended final results of                      of barium chloride from the PRC.2
                                                  prior segment of the proceeding, the                    administrative review are issued and                     On May 1, 2015, the Department
                                                  cash deposit rate will continue to be the               published in accordance with sections                 initiated the fourth five-year (‘‘sunset’’)
                                                  company-specific rate published for the                 751(h) and 777(i)(1) of the Act and 19                review of the AD order on barium
                                                  most recently-completed segment; (3) if                 CFR 351.224(e).                                       chloride from the PRC pursuant to
                                                  the exporter is not a firm covered in this                                                                    section 751(c) of the Tariff Act of 1930,
                                                                                                            Dated: October 30, 2015.
                                                  review, a prior review, or the original                                                                       as amended (the ‘‘Act’’).3 As a result of
                                                  less-than-fair-value (LTFV)                             Paul Piquado,                                         its review, the Department determined
                                                  investigation, but the manufacturer is,                 Assistant Secretary for Enforcement and               that revocation of the antidumping duty
                                                  the cash deposit rate will be the rate                  Compliance.                                           order on barium chloride from the PRC
                                                  established for the most recently-                      [FR Doc. 2015–28248 Filed 11–4–15; 8:45 a.m.]         would likely lead to a continuation or
                                                  completed segment of this proceeding                    BILLING CODE 3510–DS–P                                recurrence of dumping and, therefore,
                                                  for the manufacturer of the
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  merchandise; and (4) the cash deposit                                                                            1 See Final Determination of Sales at Less Than

                                                  rate for all other manufacturers or                                                                           Fair Value; Barium Chloride From the People’s
                                                                                                                                                                Republic of China, 49 FR 33916 (August 27, 1984)
                                                  exporters will continue to be 36.52                                                                           (‘‘Final Determination’’).
                                                  percent, the all-others rate determined                                                                          2 See Antidumping Duty Order; Barium Chloride
                                                                                                            11 See Large Residential Washers From Mexico
                                                                                                                                                                From the People’s Republic of China, 49 FR 40635
                                                    10 SeeAntidumping and Countervailing Duty             and the Republic of Korea: Antidumping Duty           (October 17, 1984) (‘‘Order’’).
                                                  Proceedings: Assessment of Antidumping Duties, 68       Orders, 78 FR 11148 (February 15, 2013) (AD              3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80

                                                  FR 23954 (May 6, 2003).                                 Order).                                               FR 24900 (May 1, 2015).



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                                                  68512                      Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices

                                                  notified the ITC of the magnitude of the                  Dated: October 30, 2015.                            that the taking will have a negligible
                                                  margins likely to prevail should the                    Paul Piquado,                                         impact on the species or stock(s), will
                                                  order be revoked.4 On October 30, 2015,                 Assistant Secretary for Enforcement and               not have an unmitigable adverse impact
                                                  the ITC published its determination,                    Compliance.                                           on the availability of the species or
                                                  pursuant to section 751(c) of the Act,                  [FR Doc. 2015–28250 Filed 11–4–15; 8:45 am]           stock(s) for subsistence uses (where
                                                  that revocation of the antidumping duty                 BILLING CODE 3510–DS–P                                relevant), and if the permissible
                                                  order on barium chloride from the PRC                                                                         methods of taking and requirements
                                                  would likely lead to a continuation or                                                                        pertaining to the mitigation, monitoring
                                                  recurrence of material injury to an                     DEPARTMENT OF COMMERCE                                and reporting of such takings are set
                                                  industry in the United States within a                                                                        forth. NMFS has defined ‘‘negligible
                                                                                                          National Oceanic and Atmospheric                      impact’’ in 50 CFR 216.103 as ‘‘an
                                                  reasonably foreseeable time.5                           Administration                                        impact resulting from the specified
                                                  Scope of the Order                                      RIN 0648–XE268                                        activity that cannot be reasonably
                                                                                                                                                                expected to, and is not reasonably likely
                                                     The merchandise covered by the order                 Taking and Importing Marine                           to, adversely affect the species or stock
                                                  is barium chloride, a chemical                          Mammals; Taking Marine Mammals                        through effects on annual rates of
                                                  compound having the formulas BaCl2 or                   Incidental to Southwest Fisheries                     recruitment or survival.’’
                                                  BaCl2–2H2O, currently classifiable                      Science Center Fisheries Research                       Except with respect to certain
                                                  under item number 2827.39.45.00 of the                                                                        activities not pertinent here, the MMPA
                                                  Harmonized Tariff Schedule of the                       AGENCY:  National Marine Fisheries                    defines ‘‘harassment’’ as: Any act of
                                                  United States (‘‘HTSUS’’).6 Although                    Service (NMFS), National Oceanic and                  pursuit, torment, or annoyance which (i)
                                                  the HTSUS item number is provided for                   Atmospheric Administration (NOAA),                    has the potential to injure a marine
                                                  convenience and for U.S. Customs and                    Commerce.                                             mammal or marine mammal stock in the
                                                  Border Protection purposes, the written                 ACTION: Notice of issuance of Letters of              wild [Level A harassment]; or (ii) has
                                                  description remains dispositive.                        Authorization.                                        the potential to disturb a marine
                                                                                                                                                                mammal or marine mammal stock in the
                                                  Continuation of the Order                               SUMMARY:   In accordance with the                     wild by causing disruption of behavioral
                                                                                                          Marine Mammal Protection Act                          patterns, including, but not limited to,
                                                     As a result of the determinations by                 (MMPA), as amended, and                               migration, breathing, nursing, breeding,
                                                  the Department and the ITC that                         implementing regulations, notification                feeding, or sheltering [Level B
                                                  revocation of the AD order would likely                 is hereby given that Letters of                       harassment].
                                                  lead to a continuation or recurrence of                 Authorization (LOA) have been issued
                                                                                                                                                                Summary of Request
                                                  dumping and material injury to an                       to the NMFS Southwest Fisheries
                                                  industry in the United States, pursuant                 Science Center (SWFSC) for the take of                   On April 25, 2013, we received an
                                                  to section 751(d)(2) of the Act, the                    marine mammals incidental to fisheries                adequate and complete request from
                                                  Department hereby orders the                            research conducted in multiple                        SWFSC for authorization to take marine
                                                  continuation of the AD order on barium                  specified geographical regions.                       mammals incidental to fisheries
                                                  chloride from the PRC. U.S. Customs                     DATES: Effective from October 30, 2015,               research activities. On February 13,
                                                  and Border Protection will continue to                  through October 29, 2020.                             2015 (80 FR 8166), we published a
                                                                                                                                                                notice of proposed rulemaking in the
                                                  collect AD cash deposits at the rates in                ADDRESSES: The LOAs and supporting
                                                                                                                                                                Federal Register, requesting comments
                                                  effect at the time of entry for all imports             documentation are available on the                    and information related to the SWFSC
                                                  of subject merchandise. The effective                   Internet at: www.nmfs.noaa.gov/pr/                    request for thirty days. The final rule
                                                  date of the continuation of the order                   permits/incidental/research.htm. In case              was published in the Federal Register
                                                  will be the date of publication in the                  of problems accessing these documents,                on September 30, 2015 (80 FR 58982).
                                                  Federal Register of this notice of                      please call the contact listed above (see             For detailed information on this action,
                                                  continuation. Pursuant to section                       FOR FURTHER INFORMATION CONTACT).                     please refer to those documents. The
                                                  751(c)(2) of the Act, the Department                    FOR FURTHER INFORMATION CONTACT: Ben                  regulations include mitigation,
                                                  intends to initiate the next five-year                  Laws, Office of Protected Resources,                  monitoring, and reporting requirements
                                                  review of the order not later than 30                   NMFS, (301) 427–8401.                                 for the incidental take of marine
                                                  days prior to the fifth anniversary of the              SUPPLEMENTARY INFORMATION:                            mammals during fisheries research
                                                  effective date of continuation. This five-                                                                    activities in three separate specified
                                                                                                          Background
                                                  year (‘‘sunset’’) review and this notice                                                                      geographic regions.
                                                  are in accordance with section 751(c) of                   Sections 101(a)(5)(A) and (D) of the                  SWFSC conducts fisheries research
                                                  the Act and published pursuant to                       MMPA (16 U.S.C. 1361 et seq.) direct                  using pelagic trawl gear used at various
                                                  section 777(i)(1) of the Act.                           the Secretary of Commerce to allow,                   levels in the water column, pelagic
                                                                                                          upon request, the incidental, but not                 longlines with multiple hooks, bottom-
                                                                                                          intentional, taking of small numbers of               contact trawls, and other gear. If a
                                                    4 See Barium Chloride from the People’s Republic      marine mammals by U.S. citizens who                   marine mammal interacts with gear
                                                  of China: Final Results of Expedited Fourth Sunset      engage in a specified activity (other than            deployed by SWFSC, the outcome could
                                                  Review of the Antidumping Duty Order, 80 FR             commercial fishing) within a specified                potentially be Level A harassment,
                                                  36973 (June 29, 2015) and accompanying Issues and       geographical region if certain findings               serious injury (i.e., any injury that will
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Decision Memorandum.
                                                    5 See Barium Chloride From China:
                                                                                                          are made and either regulations are                   likely result in mortality), or mortality.
                                                                                                          issued or, if the taking is limited to                We pooled the estimated number of
                                                  Determination, 80 FR 66935 (October 30, 2015); see
                                                  also Barium Chloride from China (Inv. No. 731–
                                                                                                          harassment, a notice of a proposed                    incidents of take resulting from gear
                                                  TA–149 (Fourth Review), USITC Publication 4574          authorization is provided to the public               interactions and assessed the potential
                                                  (October 2015)).                                        for review.                                           impacts accordingly. SWFSC also uses
                                                    6 The scope reflects the HTSUS item number               An authorization for incidental                    various active acoustic devices in the
                                                  currently in effect.                                    takings shall be granted if NMFS finds                conduct of fisheries research, and use of


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Document Created: 2015-12-14 15:03:42
Document Modified: 2015-12-14 15:03:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactIrene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6905.
FR Citation80 FR 68511 

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