7100 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

1See Petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Barium Chloride from India,’’ dated 

January 12, 2022 (the Petition). 

2 Id. 

3See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Barium Chloride from India: 

Supplemental Questions,’’ dated January 14, 2022; 

and ‘‘Petition for the Imposition of Antidumping 

Duties on Imports of Barium Chloride from India: 

Supplemental Questions,’’ dated January 14, 2022; 

see also Commerce’s Memoranda, ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Barium Chloride from India: Phone Call with 

Counsel to the Petitioner,’’ dated January 24, 2022; 

and ‘‘Petitions for the Imposition of Antidumping 

and Countervailing Duties on Imports of Barium 

Chloride from India: Phone Call with Counsel to the 

Petitioner,’’ dated January 24, 2022. 

4See Petitioner’s Letters, ‘‘Barium Chloride from 

India: Response to Supplemental Questionnaire on 

Volume I of Petition (General Issues and Injury 

Information),’’ dated January 19, 2022 (General 

Issues Supplement); ‘‘Barium Chloride from India: 

Response to Supplemental Questionnaire on 

Volume II (AD) of Petition,’’ dated January 20, 2022 

(India AD Supplement); ‘‘Barium Chloride from 

India: Response to Supplemental Question on 

Volume I of Petition (General Issues and Injury 

Information),’’ dated January 25, 2022 (Revised 

Exhibit I–4); and ‘‘Barium Chloride from India: 

Response to Supplemental Question on Volume II 

of Petition (Antidumping Duties),’’ dated January 

25, 2022 (Second India AD Supplement). 

5See infra, section on ‘‘Determination of Industry 

Support for the Petition.’’ 

6See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

7See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

Equipment Co., Ltd. 

35. Hangzhou Tonny Electric and Tools Co., 

Ltd. 

36. Hefei Sylux Imp. & Exp. Co., Ltd. 

37. Hong Kong Dayo Company, Ltd. 

38. Huazhijie Plastic Products 

39. Huiqiao International Shanghai 

40. Ilshim Almax 

41. Jer Education Technology 

42. Jiangsu Weatherford Hongda Petroleum 

Equipment Co., Ltd. 

43. Jiangsu Yizheng Haitian Aluminum 

Industrial 

44. Jiang Yin Ming Ding Aluminum & Plastic 

Products Co., Ltd 

45. Jilin Qixing Aluminum Industries Co., 

Ltd. 

46. Jin Lingfeng Plastic Electrical Appliance 

47. Kanal Precision Aluminum Product Co. 

Ltd. 

48. Kingtom Aluminio SRL 

49. Larkcop International Co Ltd 

50. Ledluz Co Ltd 

51. Liansu Group Co. Ltd 

52. Links Relocations Beijing 

53. Marshell International 

54. Ningbo Deye Inverter Technology 

55. Ningbo Hightech Development 

56. Ningbo Winjoy International Trading 

57. Orient Express Container 

58. Ou Chuang Plastic Building Material 

(Zhejiang) Co., Ltd. 

59. Pentagon Freight Service 

60. Pro Fixture Hong Kong 

61. Qingdao Sea Nova Building 

62. Qingdao Yahe Imports and Exports 

63. Sewon 

64. Shandong Huajian Aluminum Industry 

65. Shanghai EverSkill M&E Co., Ltd. 

66. Shanghai Jingxin Logistics 

67. Shanghai Ouma Crafts Co, Ltd. 

68. Shanghai Phidix Trading 

69. Sinogar Aluminum 

70. Transwell Logistics Co., Ltd. 

71. United Aluminum 

72. Wanhui Industrial China 

73. Wenzhou Yongtai Electric Co., Ltd. 

74. Winstar Power Technology Limited 

75. Wisechain Trading Ltd. 

76. Wuxi Lotus Essence 

77. Wuxi Rapid Scaffolding Engineering 

78. Wuxi Zontai Int’l Corporation Ltd. 

79. Xuancheng Huilv Aluminum Industry 

Co., Ltd. 

80. Yekalon Industry Inc 

81. Yonn Yuu Enterprise Co., Ltd. 

82. Yuyao Royal Industrial 

83. Zhejiang Guoyao Aluminum Co., Ltd. 

84. Zhongshan Broad Windows and Doors 

and Curtain 

85. ZL Trade Shanghai 

[FR Doc. 2022–02639 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–908] 

Barium Chloride From India: Initiation 

of Less-Than-Fair-Value Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable February 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Fred 

Baker or Preston Cox; 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 or (202) 482–5041, 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On January 12, 2022, the Department 

of Commerce (Commerce) received an 

antidumping duty (AD) petition 

concerning imports of barium chloride 

from India, filed in proper form on 

behalf of Chemical Products 

Corporation (the petitioner), a domestic 

producer of barium chloride.1 The 

Petition was accompanied by a 

countervailing duty (CVD) petition 

concerning imports of barium chloride 

from India.2

On January 14 and 24, 2022, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petition.3 The petitioner filed 

responses to these requests on January 

19, 20, and 25, 2022.4

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of barium chloride from India are being, 

or are likely to be, sold in the United 

States at less than fair value (LTFV) 

within the meaning of section 731 of the 

Act, and that imports of such products 

are materially injuring, or threatening 

material injury to, the barium chloride 

industry in the United States. Consistent 

with section 732(b)(1) of the Act, the 

Petition is accompanied by information 

reasonably available to the petitioner 

supporting its allegations. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested AD investigation.5

Period of Investigation 

Because the Petition was filed on 

January 12, 2022, the period of 

investigation (POI) for this AD 

investigation is January 1, 2021, through 

December 31, 2021, pursuant to 19 CFR 

351.204(b)(1). 

Scope of the Investigation 

The product covered by this 

investigation is barium chloride from 

India. For a full description of the scope 

of this investigation, see the appendix to 

this notice. 

Comments on the Scope of the 

Investigation 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).6 Commerce will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determination. If scope comments 

include factual information,7 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaire, 

Commerce requests that all interested 

parties submit scope comments by 5:00 


khammond on DSKJM1Z7X2PROD with NOTICES
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8The deadline for comments falls on February 21, 

2022, which is a federal holiday. Commerce’s 

practice dictates that where a deadline falls on a 

weekend or federal holiday, the appropriate 

deadline is the next business day (in this instance, 

February 22, 2022). See Notice of Clarification: 

Application of ‘‘Next Business Day’’ Rule for 

Administrative Determination Deadlines Pursuant 

to the Tariff Act of 1930, As Amended, 70 FR 24533 

(May 10, 2005) (Notice of Clarification). 

9See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

10See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

11The deadline for comments falls on February 

21, 2022, which is a federal holiday. Commerce’s 

practice dictates that where a deadline falls on a 

weekend or federal holiday, the appropriate 

deadline is the next business day (in this instance, 

February 22, 2022). See Notice of Clarification. 

12See section 771(10) of the Act. 

13See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v. 

United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

14See General Issues Supplement at 2–3 and 

Exhibit GEN–3. 

p.m. Eastern Time (ET) on February 22, 

2022, which is the next business day 

after 20 calendar days from the 

signature date of this notice.8 Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on March 4, 2022, which 

is 10 calendar days from the initial 

comment deadline. 

Commerce requests that any factual 

information that parties consider 

relevant to the scope of the 

investigations be submitted during this 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

must contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed on the records of each of the 

concurrent AD and CVD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.9 An 

electronically-filed document must be 

received successfully in its entirety by 

the time and date on which it is due. 

Note that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 

notice.10

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of barium chloride to be reported in 

response to Commerce’s AD 

questionnaire. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise in order to report the 

relevant costs of production accurately, 

as well as to develop appropriate 

product-comparison criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) General 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

barium chloride, it may be that only a 

select few product characteristics take 

into account commercially meaningful 

physical characteristics. In addition, 

interested parties may comment on the 

order in which the physical 

characteristics should be used in 

matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaire, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on February 22, 

2022, which is the next business day 

after 20 calendar days from the 

signature date of this notice.11 Any 

rebuttal comments must be filed by 5:00 

p.m. ET on March 4, 2022, which is 10 

calendar days from the initial comment 

deadline. All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of the 

AD investigation. 

Determination of Industry Support for 

the Petition 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,12 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.13

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation.14 Based on our analysis of 

the information submitted on the 

record, we have determined that barium 

chloride, as defined in the scope, 

constitutes a single domestic like 

product, and we have analyzed industry 


khammond on DSKJM1Z7X2PROD with NOTICES
7102 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

15For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Antidumping Duty 

Investigation Initiation Checklist: Barium Chloride 

from India (AD Initiation Checklist) at Attachment 

II, Analysis of Industry Support for the 

Antidumping and Countervailing Duty Petitions 

Covering Barium Chloride from India (Attachment 

II). This checklist is dated concurrently with this 

notice and on file electronically via ACCESS. 

16See General Issues Supplement at 4. 

17See Petition at Volume I at I–2 through I–4; see 

also General Issues Supplement at 3–4 and Exhibit 

GEN–3 (containing Barium Chloride from China, 

Inv. No. 731–TA–149 (Fifth Review), USITC Pub. 

5203 (June 2021) at 7). 

18See Petition at Volume I at I–2 through I–4; see 

also General Issues Supplement at 3–4 and Exhibit 

GEN–3. For further discussion, see AD Initiation 

Checklist at Attachment II. 

19See AD Initiation Checklist at Attachment II; 

see also section 732(c)(4)(D) of the Act. 

20See AD Initiation Checklist at Attachment II. 

21 Id. 

22 Id. 

23See Petition at Volume I at I–10 and Exhibit 

I–9; see also General Issues Supplement at 5 and 

Exhibit GEN–4. 

24See Petition at Volume I at I–7 through I–30 

and Exhibits I–5 and I–8 through I–12; see also 

General Issues Supplement at 2–3, 5 and Exhibits 

GEN–2 and GEN–4. 

25See AD Initiation Checklist at Attachment III, 

Analysis of Allegations and Evidence of Material 

Injury and Causation for the Antidumping and 

Countervailing Duty Petitions Covering Barium 

Chloride from India (Attachment III). 

26See AD Initiation Checklist. 

27See AD Initiation Checklist. 

28 In accordance with section 773(b)(2) of the Act, 

for this investigation, Commerce will request 

information necessary to calculate the CV and COP 

to determine whether there are reasonable grounds 

to believe or suspect that sales of the foreign like 

product have been made at prices that represent 

less than the COP of the product. 

29See AD Initiation Checklist. 

30 Id. 

31See AD Initiation Checklist for details of this 

margin calculation. 

support in terms of that domestic like 

product.15

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigation,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided its own 

production of the domestic like product 

in 2021.16 The petitioner provided 

information from the ITC’s fifth sunset 

review of barium chloride from the 

People’s Republic of China, published 

in June 2021, in which the ITC found 

that Chemical Products Corporation was 

the only domestic producer of barium 

chloride; therefore, the Petition is 

supported by 100 percent of the U.S. 

industry.17 We relied on data provided 

by the petitioner for purposes of 

measuring industry support.18

Our review of the data provided in the 

Petition, the General Issues Supplement, 

and other information readily available 

to Commerce indicates that the 

petitioner has established industry 

support for the Petition. First, the 

Petition established support from 

domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product, and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).19 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product.20 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petition.21 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 732(b)(1) of the 

Act.22

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.23

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant volume of 

subject imports; increasing market share 

of subject imports; underselling and 

price depression and/or suppression; 

inventory levels; declines in production, 

shipments, and revenues; and lost sales 

and revenues.24 We assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, as well as 

negligibility, and we have determined 

that these allegations are properly 

supported by adequate evidence, and 

meet the statutory requirements for 

initiation.25

Allegation of Sales at LTFV 

The following is a description of the 

allegation of sales at LTFV upon which 

Commerce based its decision to initiate 

this LTFV investigation of imports of 

barium chloride from India. The sources 

of data for the deductions and 

adjustments relating to U.S. price and 

normal value (NV) are discussed in 

greater detail in the AD Initiation 

Checklist. 

U.S. Price 

The petitioner based export price (EP) 

on the average unit value (AUV) of 

publicly available import data for 

barium chloride from India during the 

POI and made adjustments for foreign 

inland freight and foreign brokerage and 

handling to calculate a net ex-factory 

U.S. price.26

Normal Value 

The petitioner provided information 

indicating that the prices for barium 

chloride sold or offered for sale in India 

were below the cost of production 

(COP). Consequently, the petitioner 

based NV on constructed value (CV).27

For further discussion of CV, see 

‘‘Normal Value Based on Constructed 

Value’’ section below.28

Normal Value Based on Constructed 

Value 

As noted above, the petitioner 

provided information indicating that 

sales or offers for sale of barium 

chloride in India were made at prices 

below COP. Therefore, the petitioner 

calculated NV based on CV.29 Pursuant 

to section 773(e) of the Act, the 

petitioner calculated CV as the sum of 

the cost of manufacturing; selling, 

general, and administrative expenses; 

financial expenses; and profit.30

Fair Value Comparison 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of barium chloride from India 

are being, or are likely to be, sold in the 

United States at LTFV. Based on 

comparisons of EP to NV based on CV 

in accordance with section 773 of the 

Act, the estimated dumping margin for 

barium chloride from India is 233.34 

percent.31

Initiation of LTFV Investigation 

Based upon the examination of the 

Petition and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating this LTFV investigation to 

determine whether imports of barium 

chloride from India are being, or are 

likely to be, sold in the United States at 

LTFV. In accordance with section 


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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 7103 

32See Revised Exhibit I–4. 

33See Memorandum, ‘‘Antidumping Duty 

Petition on Imports of Barium Chloride from India: 

Release of U.S. Customs and Border Protection 

Data,’’ dated January 26, 2022. 

34See section 733(a) of the Act. 

35 Id. 

36See 19 CFR 351.301(b). 

37See 19 CFR 351.301(b)(2). 

733(b)(1)(A) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determination no 

later than 140 days after the date of this 

initiation. 

Respondent Selection 

In the Petition, the petitioner named 

22 companies in India as producers 

and/or exporters of barium chloride.32

Following standard practice in AD 

investigations involving a market 

economy country, in the event 

Commerce determines that the number 

of Indian exporters or producers is large 

such that Commerce cannot 

individually examine each company 

based upon its resources, where 

appropriate, Commerce intends to select 

mandatory respondents based on U.S. 

Customs and Border Protection (CBP) 

data for U.S. imports of barium chloride 

from India during the POI under the 

appropriate Harmonized Tariff Schedule 

of the United States subheading listed in 

the ‘‘Scope of the Investigation,’’ in the 

appendix. 

On January 26, 2022, Commerce 

released CBP data on U.S. imports of 

barium chloride from India under 

administrative protective order (APO) to 

all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

on the CBP data and/or respondent 

selection must do so within three 

business days of the publication date of 

the notice of initiation of this 

investigation.33 Comments on CBP data 

and respondent selection must be filed 

electronically using ACCESS. An 

electronically-filed document must be 

received successfully, in its entirety, via 

ACCESS no later than 5:00 p.m. ET on 

the specified deadline. Commerce will 

not accept rebuttal comments regarding 

the CBP data or respondent selection. 

We intend to select respondents within 

20 days of publication of this notice. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

http://enforcement.trade.gov/apo. 

Distribution of Copies of the Petition 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petition has been provided to the 

government of India via ACCESS. To the 

extent practicable, we will attempt to 

provide a copy of the public version of 

the Petition to each exporter named in 

the Petition, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petition was filed, whether there is 

a reasonable indication that imports of 

barium chloride from India are 

materially injuring, or threatening 

material injury to, a U.S. industry.34 A 

negative ITC determination will result 

in the investigation being terminated.35

Otherwise, this AD investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 36 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.37 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in this 

investigation. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a PMS exists 

under section 773(e) of the Act, then it 

will modify its dumping calculations 

appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), set a deadline 

for the submission of PMS allegations 

and supporting factual information. 

However, in order to administer section 

773(e) of the Act, Commerce must 

receive PMS allegations and supporting 

factual information with enough time to 

consider the submission. Thus, should 

an interested party wish to submit a 

PMS allegation and supporting new 

factual information pursuant to section 

773(e) of the Act, it must do so no later 

than 20 days after submission of a 

respondent’s initial section D 

questionnaire response. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in a 

letter or memorandum of the deadline 

(including a specified time) by which 

extension requests must be filed to be 

considered timely. An extension request 

must be made in a separate, stand-alone 

submission; Commerce will grant 

untimely filed requests for the extension 

of time limits only in limited cases 

where we determine, based on 19 CFR 

351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning factual information prior to 


khammond on DSKJM1Z7X2PROD with NOTICES
7104 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

38See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013), available at https://www.gpo.gov/fdsys/pkg/ 

FR-2013-09-20/html/2013-22853.htm. 

39See section 782(b) of the Act. 

40See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

1See Xanthan Gum from the People’s Republic of 

China: Preliminary Results of the Antidumping 

Duty Administrative Review, Partial Rescission of 

the Antidumping Duty Administrative Review, and 

Preliminary Determination of No Shipments; 2019– 

2020, 86 FR 42781 (August 5, 2021) (Preliminary 

Results), and accompanying Preliminary Decision 

Memorandum. 

2See Memorandum ‘‘Issues and Decision 

Memorandum for the Final Results of the 2019– 

2020 Antidumping Duty Administrative Review of 

Xanthan Gum from the People’s Republic of 

China,’’ (Issues and Decision Memorandum), dated 

concurrently with, and hereby adopted by, this 

notice. 

3See Xanthan Gum from the People’s Republic of 

China: Amended Final Determination of Sales at 

Less Than Fair Value and Antidumping Duty Order, 

78 FR 43143 (July 19, 2013) (Order). 

4Fufeng refers to a single entity, which includes: 

Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 

Inner Mongolia Fufeng Biotechnologies Co., Ltd.); 

Shandong Fufeng Fermentation Co., Ltd.; and 

Xinjiang Fufeng Biotechnologies Co., Ltd. 

(collectively, Fufeng). 

5Meihua refers to a single entity, which includes: 

Meihua Group International Trading (Hong Kong) 

Limited; Langfang Meihua Biotechnology Co., Ltd.; 

and Xinjiang Meihua Amino Acid Co., Ltd. 

(collectively, Meihua). 

submitting factual information in this 

investigation.38

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.39

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).40 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in this 

investigation should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). 

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: February 1, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

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. 

[FR Doc. 2022–02558 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–985] 

Xanthan Gum From the People’s 

Republic of China: Final Results of 

Antidumping Duty Administrative 

Review and Final Determination of No 

Shipments; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that except for 

one respondent for which Commerce 

calculated a zero percent dumping 

margin, the other companies subject to 

this administrative review either made 

sales of subject merchandise at prices 

below normal value (NV) during the 

period of review (POR) July 1, 2019, 

through June 30, 2020, did not ship 

subject merchandise to the United 

States during the POR, or were not 

entitled to a separate rate. 

DATES: Applicable February 8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Abdul Alnoor, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4554. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 5, 2021, Commerce 

published the Preliminary Results and 

invited interested parties to comment.1

For details regarding the events that 

occurred since the Preliminary Results, 

see the Issues and Decision 

Memorandum.2 Commerce conducted 

this administrative review in 

accordance with section 751 of the 

Tariff Act of 1930, as amended (the Act). 

Scope of the Order 3

The scope of the Order covers dry 

xanthan gum, whether or not coated or 

blended with other products. For a full 

description of the scope, see the Issues 

and Decision Memorandum. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs are addressed in the 

Issues and Decision Memorandum. A 

list of the issues that parties raised and 

to which we responded in the Issues 

and Decision Memorandum is attached 

to this notice as an appendix. 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. 

Final Determination of No Shipments 

In the Preliminary Results, Commerce 

determined that Shanghai Smart 

Chemicals Co., Ltd. did not have 

shipments of subject merchandise 

during the POR. As we received no 

information to contradict our 

preliminary determination with respect 

to this company, we continue to find 

that it made no shipments of subject 

merchandise to the United States during 

the POR. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding our Preliminary 

Results, we corrected certain ministerial 

errors in the calculation of Fufeng’s,4

one of the mandatory respondents, 

weighted-average dumping margin. For 

a discussion of these changes, see the 

Issues and Decision Memorandum. 

Separate Rates 

No parties commented on our 

preliminary separate rate findings. 

Therefore, we have continued to grant 

Meihua 5 and Fufeng (the mandatory 

respondents), and two other companies/ 

company groups listed in the ‘‘Final 

Results of Review’’ section below 

separate rate status. However, we have 

continued to deny separate rate status to 


khammond on DSKJM1Z7X2PROD with NOTICES