New Antidumping and Countervailing Duty Petitions on Barium Chloride From India

Faegre Drinker Biddle & Reath LLP

On January 12, 2022, Chemical Products Corporation (Petitioner) filed antidumping duty (AD) and countervailing duty (CVD) petitions on Barium Chloride.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of barium chloride.

Scope:

Per the Petition:

The merchandise covered by this investigation is barium chloride, a chemical compound having the formulas BaC12 or BaC12-2H20, currently classifiable under subheading 2827.39.4500 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this order is dispositive.

Estimated Margins:

The Petitioner alleges a dumping margin of 235.88%.

The Petitioner alleges significant subsidies, although the petition does not quantify the alleged net subsidy margins.

Estimated Schedule of Investigations:

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

January 12, 2022 Petitions are filed.
February 1, 2022 DOC initiates investigations.
February 2, 2022 ITC staff conference (estimated).
February 28, 2022 Deadline for ITC preliminary injury determinations.
April 7, 2022 Deadline for DOC preliminary CVD determinations, if deadlines are NOT postponed.
June 13, 2022 Deadline for DOC preliminary CVD determinations, if deadlines are fully postponed.
June 21, 2022 Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
August 10, 2022 Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
December 23, 2022 Deadline for DOC final AD and CVD determinations, if all deadlines are fully postponed.
February 6, 2023 Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

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