India Barium Chloride: Commerce Finalizes CV Duties, Ends AD Investigation With No Duties
The Commerce Department on Jan. 5 released its final determination in the countervailing duty investigation on barium chloride from India (C-533-909). Suspension of liquidation is currently not in effect for entries on or after Oct. 15, 2022, and Commerce will require cash deposits of estimated CV duties on future entries only if it issues a CV duty order.
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Commerce also announced a negative final antidumping duty determination on barium chloride from India (A-533-908). As a result, Commerce will end the AD investigation without issuing an AD order, and no antidumping duties will be imposed. The agency also issued a preliminary negative determination in the investigation, so no suspension of liquidation and cash deposit requirements have not been imposed for AD purposes (see 2208160035).
The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Feb. 13, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue a CV duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
CV Susp/Cash Deposit Through Oct. 14
For now, Commerce has instructed CBP to continue the suspension of liquidation of entries from June 17, 2022, through Oct. 14, 2022.
CV Liq Reinstated and No CV Cash Deposit as of Oct. 15
Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits for subject merchandise entered on or after Oct. 15, 2022, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CV duty order in place.
CV Liq to Be Suspended Again and CV Cash Deposit Required If Order Issued
Commerce will issue a CV duty order, reinstate the CV duty suspension of liquidation for all Indian exporters, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues a final affirmative injury determination:
| Company | CV Rate |
|---|---|
| Chaitanya Chemicals/Chaitanya Barium (India) Private Limited | 23.57% |
| All Others | 23.57% |
(The period of investigation is 01/01/21 - 12/31/21. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2206160068 for a summary of the preliminary determination in this investigation.)