80_FR_8317 80 FR 8286 - Barium Carbonate From the People's Republic of China: Continuation of Antidumping Duty Order

80 FR 8286 - Barium Carbonate From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 31 (February 17, 2015)

Page Range8286-8287
FR Document2015-03197

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 carbonate 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 31 (Tuesday, February 17, 2015) 
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8286-8287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03197]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-880]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
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 carbonate 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: February 17, 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 6, 2003, the Department published the final determination 
in the AD investigation of barium carbonate from the PRC.\1\ On October 
1, 2003, the

[[Page 8287]]

Department issued the AD order on barium carbonate from the PRC.\2\ 
There have been no administrative reviews since issuance of the Order. 
There have been no related findings or rulings (e.g., changed 
circumstances review, scope ruling, duty absorption review) since 
issuance of the Order. On January 9, 2009, the Department published the 
final results of the expedited first sunset review of this Order.\3\ On 
March 17, 2009, the Department published the continuation of the 
Order.\4\
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Barium Carbonate From the People's Republic of China, 68 FR 
46577 (August 6, 2003) (``Final Determination'').
    \2\ See Antidumping Duty Order: Barium Carbonate From the 
People's Republic of China, 68 FR 56619 (October 1, 2003) 
(``Order'').
    \3\ See Barium Carbonate From the People's Republic of China: 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 74 FR 882 (January 9, 2009).
    \4\ See Barium Carbonate From the People's Republic of China: 
Continuation of Antidumping Duty Order, 74 FR 11348 (March 17, 
2009).
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    On February 3, 2014, the Department initiated the second five-year 
(``sunset'') review of the AD order on barium carbonate from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
``Act'').\5\ As a result of its review, the Department determined that 
revocation of the antidumping duty order on barium carbonate from the 
PRC would likely lead to a continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked.\6\ On February 6, 2015, the ITC 
published its determination, pursuant to section 751(c) of the Act, 
that revocation of the antidumping duty order on barium carbonate 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.\7\
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    \5\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 6163 
(February 3, 2014).
    \6\ See Barium Carbonate From the People's Republic of China: 
Final Results of Expedited Second Sunset Review of the Antidumping 
Duty Order, 79 FR 32221 (June 4, 2014) and accompanying Issues and 
Decision Memorandum.
    \7\ See Barium Carbonate From China: Determination, 80 FR 6766 
(February 6, 2015); see also Barium Carbonate from China (Inv. No. 
731-TA-1020 (Second Review), USITC Publication 4518, February 2015).
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Scope of the Order

    The merchandise covered by this order is barium carbonate, 
regardless of form or grade. The product is currently classifiable 
under subheading 2836.60.0000 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 proceeding is dispositive.

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 carbonate 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: February 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03197 Filed 2-13-15; 8:45 am]
BILLING CODE 3510-DS-P

8286 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Notices the Department is initiating a CCR of the situation to be ‘‘changed than 270 days after the date on which antidumping duty order on LEU from circumstances.’’ this review is initiated, or within 45 France with respect to AREVA. Based The Department stated in the Final days after the date on which this review on the information and documentation Results of Second Changed is initiated if all parties agree to our AREVA submitted in its November 10, Circumstances Review,11 that this preliminary finding. The final results 2014 letter, we find that we have would be the final extension, and will include the Department’s analysis received sufficient information to further stated in the accompanying of issues raised in any written warrant initiation of a review to decision memorandum that to allow the comments. determine if changed circumstances re-export deadline to be extended We are issuing and publishing these exist to support the extension of time to indefinitely would mean ‘‘ignoring this preliminary results and notice in re-export the specified entry of LEU. aspect of the scope.’’12 accordance with sections 751(b)(1) and Section 351.221 (c)(3)(ii) of the The Department preliminarily 777(i)(1) and (2) of the Act and 19 CFR Department’s regulations permits the determines that changed circumstances 351.216. Department to combine the notice of do not exist beyond the changed Dated: February 9, 2015. initiation of a changed circumstances circumstances already recognized in the Paul Piquado, review and the notice of preliminary two previous changed circumstances Assistant Secretary for Enforcement and results if the Department concludes that reviews, and that AREVA will not be Compliance. expedited action is warranted. In this granted a further extension to re-export [FR Doc. 2015–03194 Filed 2–13–15; 8:45 am] instance, because we have on the record the specified entry of LEU. BILLING CODE 3510–DS–P the information necessary to make a Public Comment preliminary finding, we find that expedited action is warranted, and have Case briefs from interested parties may be submitted not later than 30 days DEPARTMENT OF COMMERCE combined the notice of initiation and the notice of preliminary results. after the date of publication of this International Trade Administration notice. Rebuttal briefs, limited to the Preliminary Results of Expedited issues raised in the case briefs, may be [A–570–880] Changed Circumstances Review filed no later than 5 days after the submission of case briefs. All written Barium Carbonate From the People’s Based on the Department’s analysis of Republic of China: Continuation of the information provided by AREVA in comments shall be submitted in accordance with 19 CFR 351.303. All Antidumping Duty Order its request for a CCR, in accordance with 19 CFR 351.216, we preliminarily submissions are to be filed AGENCY: Enforcement and Compliance, determine that changed circumstances electronically using Enforcement and International Trade Administration, to extend the time period for re- Compliance’s Antidumping and Department of Commerce. exportation a third time do not exist, Countervailing Duty Centralized SUMMARY: As a result of the and that AREVA should not be granted Electronic Service System (ACCESS), determinations by the Department of an additional extension of time to re- and must also be served on interested Commerce (the ‘‘Department’’) and the export this one entry of subject parties.13 ACCESS is available to International Trade Commission (the merchandise. registered users at http:// ‘‘ITC’’) that revocation of the In its Third CCR Request, AREVA access.trade.gov, and it is available to antidumping duty (‘‘AD’’) order on explained that the Japanese end-user all parties in the Central Records Unit, barium carbonate from the People’s remained unable to take delivery of the Room 7046 of the main Department of Republic of China (‘‘PRC’’) would likely subject LEU due to conditions caused by Commerce building. An electronically lead to a continuation or recurrence of the March 11, 2011 earthquake and filed document must be received dumping and material injury to an tsunami in Japan, that the Japanese end- successfully in its entirety by the industry in the United States, the user was working to comply with Department’s electronic records system, Department is publishing a notice of ‘‘detailed and lengthy’’ regulatory ACCESS, by 5 p.m. Eastern Time on the continuation of the antidumping duty requirements of Japan’s Nuclear deadline.14 order. Regulatory Authority, and that AREVA Any interested party may request a DATES: Effective Date: February 17, and the Japanese end-user were unable hearing within 30 days of publication of 2015. to confirm when re-export of the subject this notice. Any hearing, if requested, will be held no later than 37 days after FOR FURTHER INFORMATION CONTACT: entry of LEU would be possible.9 Irene Gorelik, AD/CVD Operations, In the Final Results of Second the date of publication of this notice, or the first business day thereafter. Persons Office V, Enforcement and Compliance, Changed Circumstances Review, the interested in attending the hearing, if International Trade Administration, Department stated that ‘‘. . . if the U.S. Department of Commerce, 14th Japanese end-user is unable to take one is requested, should contact the Department for the date and time of the Street and Constitution Avenue NW., delivery by the November 1, 2015 Washington, DC 20230; telephone: (202) deadline, AREVA, the U.S. importer as hearing. 482–6905. well as the French exporter, will be Notifications to Interested Parties SUPPLEMENTARY INFORMATION: required to re-export this sole entry to France or pay antidumping duties on Consistent with 19 CFR 351.216(e), Background the entry at the applicable rate.’’ 10 we will issue the final results of this changed circumstances review no later On August 6, 2003, the Department Given that the situation where the published the final determination in the tkelley on DSK3SPTVN1PROD with NOTICES Japanese end-user would be unable to 11 See AD investigation of barium carbonate id. take delivery was anticipated in the 12 See Memorandum to Paul Piquado, ‘‘Decision from the PRC.1 On October 1, 2003, the previous CCR, we do not consider this Memorandum for Final Results of Changed Circumstances Review of Low Enriched Uranium 1 See Notice of Final Determination of Sales at 9 See id. at 3–4. from France,’’ October 31, 2013. Less Than Fair Value: Barium Carbonate From the 10 See Final Results of Second Changed 13 See 19 CFR 351.303(f). People’s Republic of China, 68 FR 46577 (August Circumstances Review, 78 FR at 66899. 14 See 19 CFR 351.303(b). 6, 2003) (‘‘Final Determination’’). VerDate Sep<11>2014 16:51 Feb 13, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\17FEN1.SGM 17FEN1

Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Notices 8287 Department issued the AD order on Continuation of the Order extension of a currently approved barium carbonate from the PRC.2 There As a result of the determinations by information collection). With this have been no administrative reviews the Department and the ITC that request, OMB Control No. 0648–0359, since issuance of the Order. There have revocation of the AD order would likely Southeast Region Gear Identification been no related findings or rulings (e.g., lead to a continuation or recurrence of Requirements is being merged into OMB changed circumstances review, scope dumping and material injury to an Control No. 0648–0358, Southeast ruling, duty absorption review) since industry in the United States, pursuant Region Vessel Identification issuance of the Order. On January 9, to section 751(d)(2) of the Act, the Requirements. 2009, the Department published the The National Marine Fisheries Service Department hereby orders the final results of the expedited first sunset (NMFS) Southeast Region manages the continuation of the AD order on barium review of this Order.3 On March 17, U.S. fisheries in the exclusive economic carbonate from the PRC. U.S. Customs 2009, the Department published the zone (EEZ) of the South Atlantic, and Border Protection will continue to continuation of the Order.4 Caribbean, and Gulf of Mexico regions collect AD cash deposits at the rates in under various Fishery Management On February 3, 2014, the Department effect at the time of entry for all imports Plans (FMPs). The Regional Fishery initiated the second five-year (‘‘sunset’’) of subject merchandise. The effective Management Councils prepared the review of the AD order on barium date of the continuation of the order FMPs pursuant to the Magnuson- carbonate from the PRC pursuant to will be the date of publication in the Stevens Fishery Conservation and section 751(c) of the Tariff Act of 1930, Federal Register of this notice of Management Act. The regulations as amended (the ‘‘Act’’).5 As a result of continuation. Pursuant to section implementing the FMPs are located at its review, the Department determined 751(c)(2) of the Act, the Department 50 CFR part 622. that revocation of the antidumping duty intends to initiate the next five-year The recordkeeping and reporting order on barium carbonate from the PRC review of the order not later than 30 requirements at 50 CFR part 622 form would likely lead to a continuation or days prior to the fifth anniversary of the the basis for this collection of recurrence of dumping and, therefore, effective date of continuation. information. NMFS Southeast Region notified the ITC of the magnitude of the This five-year (‘‘sunset’’) review and requires that all permitted fishing margins likely to prevail should the this notice are in accordance with vessels must mark their vessel with the order be revoked.6 On February 6, 2015, section 751(c) of the Act and published official identification number or some the ITC published its determination, pursuant to section 777(i)(1) of the Act. form of identification. A vessel’s official pursuant to section 751(c) of the Act, Dated: February 9, 2015. number, under most regulations, is that revocation of the antidumping duty Paul Piquado, required to be displayed on the port and order on barium carbonate from the PRC Assistant Secretary for Enforcement and starboard sides of the deckhouse or hull, would likely lead to a continuation or Compliance. and weather deck. The official number recurrence of material injury to an [FR Doc. 2015–03197 Filed 2–13–15; 8:45 am] and color code identifies each vessel industry in the United States within a BILLING CODE 3510–DS–P and should be visible at distances from reasonably foreseeable time.7 the sea and in the air. These markings provide law enforcement personnel Scope of the Order with a means to monitor fishing, at-sea DEPARTMENT OF COMMERCE The merchandise covered by this processing, and other related activities, order is barium carbonate, regardless of National Oceanic and Atmospheric to ascertain whether the vessel’s form or grade. The product is currently Administration observed activities are in accordance classifiable under subheading with those authorized for that vessel. Submission for OMB Review; The identifying number is used by 2836.60.0000 of the Harmonized Tariff Comment Request NMFS, the United States Coast Guard Schedule of the United States (‘‘HTSUS’’). Although the HTSUS The Department of Commerce will (USCG) and other marine agencies in subheading is provided for convenience submit to the Office of Management and issuing violations, prosecutions, and and customs purposes, the written Budget (OMB) for clearance the other enforcement actions. Vessels that description of the scope of this following proposal for collection of qualify for particular fisheries are proceeding is dispositive. information under the provisions of the readily identified, gear violations are more readily prosecuted, and this Paperwork Reduction Act (44 U.S.C. allows for more cost-effective 2 See Antidumping Duty Order: Barium Carbonate Chapter 35). From the People’s Republic of China, 68 FR 56619 Agency: National Oceanic and enforcement. (October 1, 2003) (‘‘Order’’). Requirements, also at 50 CFR part Atmospheric Administration (NOAA). 3 See Barium Carbonate From the People’s Title: Southeast Region Vessel and 622, that fishing gear be marked, are Republic of China: Final Results of the Expedited Gear Identification Requirements. also essential to facilitate enforcement. Sunset Review of the Antidumping Duty Order, 74 The ability to link fishing gear to the FR 882 (January 9, 2009). OMB Control Number: 0648–0358. 4 See Barium Carbonate From the People’s Form Number(s): None. vessel owner is crucial to enforcement Republic of China: Continuation of Antidumping Type of Request: Regular (revision of regulations issued under the Duty Order, 74 FR 11348 (March 17, 2009). and extension of a currently approved authority of the Magnuson-Stevens Act. 5 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 information collection). The marking of fishing gear is also FR 6163 (February 3, 2014). valuable in actions concerning damage, 6 See Barium Carbonate From the People’s Number of Respondents: 7,825. Republic of China: Final Results of Expedited Average Hours per Response: Vessel loss, and civil proceedings. The tkelley on DSK3SPTVN1PROD with NOTICES Second Sunset Review of the Antidumping Duty marking, 75 minutes; gear marking requirements imposed in the Southeast Order, 79 FR 32221 (June 4, 2014) and varies from 10 seconds for cultured live Region are for coral aquacultured live accompanying Issues and Decision Memorandum. rocks, to 20 minutes for mackerel gillnet rock; golden crab traps; mackerel gillnet 7 See Barium Carbonate From China: buoys. floats; spiny lobster traps; black sea bass Determination, 80 FR 6766 (February 6, 2015); see also Barium Carbonate from China (Inv. No. 731– Burden Hours: 50,575. pots; and buoy gear. TA–1020 (Second Review), USITC Publication Needs and Uses: This request is for a Affected Public: Business or other for- 4518, February 2015). regular submission (revision and profit organizations. VerDate Sep<11>2014 16:51 Feb 13, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\17FEN1.SGM 17FEN1


Document Created: 2015-12-18 13:19:35
Document Modified: 2015-12-18 13:19:35
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
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 8286 
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