Initiation of Antidumping Duty Investigation: Certain Activated Carbon From the People's Republic of China, 16757-16761 [E6-4864]
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Federal Register / Vol. 71, No. 64 / Tuesday, April 4, 2006 / Notices
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84C, on behalf of the Port of Houston
Authority, grantee of FTZ 84, requesting
export–only temporary/interim
manufacturing (T/IM) authority within
Subzone 84C, at Du Pont’s facilities
located in La Porte, Texas. The
application was filed on March 24,
2006.
The Du Pont facility (675 full and
part–time employees; annual
production capacity of 3500 to 4400
metric tons of the products which are
the subject of the application) is located
at 12501 Strang Road, La Porte, Texas.
Under T/IM procedures, the company
has requested authority to manufacture
two crop–protection related products
(methomyl insectide technical and
lannate; these products have U.S. duty
rates of 6.5%). The company would
source the following input item from
abroad for manufacturing the finished
products under T/IM authority, as
delineated in Du Pont’s application:
acetalhydeoxide (AAO) U.S. duty rate is
6.5%. T/IM authority could be granted
for a period of up to two years.
FTZ procedures would allow Du Pont
to avoid payment of U.S. duties on the
input listed above because all of the
production for which FTZ T/IM
authority is sought will be for re–export.
Du Pont may also realize a small
amount of logistical/paperwork savings
under FTZ procedures.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at one of the following
addresses:
1. Submissions via Express/Package
Delivery Services: Foreign–Trade Zones
Board, U.S. Department of Commerce,
Franklin Court Building - Suite 4100W,
1099 14th St. NW, Washington, D.C.
20005; or
2. Submissions via the U.S. Postal
Service: Foreign–Trade Zones Board,
U.S. Department of Commerce, FCB Suite 4100W, 1401 Constitution Ave.
NW, Washington, D.C. 20230.
The closing period for their receipt is
May 4, 2006.
A copy of the application will be
available for public inspection at the
Office of the Foreign-Trade Zones
Board’s Executive Secretary at the first
address listed above.
Dated: March 28, 2006.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. E6–4865 Filed 4–3–06; 8:45 am]
Billing Code: 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Initiation of Antidumping Duty
Investigation: Certain Activated
Carbon From the People’s Republic of
China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand or Carrie Blozy, AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3207 or (202) 482–
5403, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
INITIATION OF INVESTIGATION
The Petition
On March 8, 2006, the Department of
Commerce (‘‘Department’’) received a
petition on imports of certain activated
carbon from the People’s Republic of
China (‘‘PRC’’) filed in proper form by
Calgon Carbon Corporation and Norit
Americas Inc. (‘‘Petitioners’’). The
period of investigation (‘‘POI’’) is July 1,
2005, through December 31, 2005.
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), Petitioners alleged that imports of
certain activated carbon from the PRC
are being, or are likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring and threaten to
injure an industry in the United States.
The Department issued supplemental
questions to Petitioners on March 10,
2006, and Petitioners filed their
response on March 15, 2006.
Scope of Investigation
The merchandise subject to this
investigation is certain activated carbon.
Certain activated carbon is a powdered,
granular or pelletized carbon product
obtained by ‘‘activating’’ with heat and
steam various materials containing
carbon, including but not limited to coal
(including bituminous, lignite and
anthracite), wood, coconut shells, olive
stones, and peat. The thermal and steam
treatments remove organic materials and
create an internal pore structure in the
carbon material. The producer can also
use carbon dioxide gas (CO2) in place of
steam in this process. The vast majority
of the internal porosity developed
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during the high temperature steam (or
CO2 gas) activated process is a direct
result of oxidation of a portion of the
solid carbon atoms in the raw material,
converting them into a gaseous form of
carbon.
The scope of this investigation covers
all forms of activated carbon that are
activated by steam or CO2, regardless of
the raw material, grade, mixture,
additives, further washing or post–
activation chemical treatment (chemical
or water washing, chemical
impregnation or other treatment), or
product form. Unless specifically
excluded, the scope of this investigation
covers all physical forms of certain
activated carbon, including powdered
activated carbon (‘‘PAC’’), granular
activated carbon (‘‘GAC’’), and
pelletized activated carbon.
Excluded from the scope of the
investigation are chemically–activated
carbons. The carbon–based raw material
used in the chemical activation process
is treated with a strong chemical agent,
including but not limited to phosphoric
acid, zinc chloride sulfuric acid or
potassium hydroxide, that dehydrates
molecules in the raw material, and
results in the formation of water that is
removed from the raw material by
moderate heat treatment. The activated
carbon created by chemical activation
has internal porosity developed
primarily due to the action of the
chemical dehydration agent. Chemically
activated carbons are typically used to
activate raw materials with a
lignocellulosic component such as
cellulose, including wood, sawdust,
paper mill waste and peat.
To the extent that an imported
activated carbon product is a blend of
steam and chemically activated carbons,
products containing 50 percent or more
steam (or CO2 gas) activated carbons are
within this scope, and those containing
more than 50 percent chemically
activated carbons are outside this scope.
Also excluded from the scope are
reactivated carbons. Reactivated carbons
are previously used activated carbons
that have had adsorbed materials
removed from their pore structure after
use through the application of heat,
steam and/or chemicals.
Also excluded from the scope is
activated carbon cloth. Activated carbon
cloth is a woven textile fabric made of
or containing activated carbon fibers. It
is used in masks and filters and clothing
of various types where a woven format
is required.
Any activated carbon meeting the
physical description of subject
merchandise provided above that is not
expressly excluded from the scope is
included within this scope. The
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products under investigation are
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
3802.10.00. Although HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
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Comments on Scope of Investigation
During our review of the petition, we
discussed the scope with Petitioners to
ensure that it accurately reflects the
product for which the domestic industry
is seeking relief. Petitioners had
previously filed a petition on activated
carbon from the People’s Republic of
China on January 26, 2006. On March 8,
2006, Petitioners filed a petition on
certain activated carbon from the
People’s Republic of China. This
petition changed the scope and
domestic like product definition from
the January 26, 2006 petition, which
was subsequently withdrawn, to
exclude chemically activated carbons.
In the March 8, 2006, petition on certain
activated carbon, Petitioners addressed
their determination to limit the scope to
only steam activated carbons and
submitted information to support their
assertion that chemical and steam
activated carbons should not be
considered within the scope or the
domestic like product.
Moreover, as discussed in the
preamble to the Department’s
regulations, we are setting aside a
period for interested parties to raise
issues regarding product coverage. See
Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323
(May 19, 1997). The Department
encourages all interested parties to
submit such comments within 20
calendar days of publication of this
initiation notice. Comments should be
addressed to Import Administration’s
Central Records Unit in Room 1870,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230 - Attention:
Catherine Bertrand and Carrie Blozy,
Room 4003. The period of scope
consultations is intended to provide the
Department with ample opportunity to
consider all comments and consult with
interested parties prior to the issuance
of the preliminary determination.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed by or on behalf
of the domestic industry. In order to
determine whether a petition has been
filed by or on behalf of the industry, the
Department, pursuant to section
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732(c)(4)(A) of the Act, determines
whether
a minimum percentage of the relevant
industry supports the petition. 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, the Department 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.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers of a
domestic like product. Thus, to
determine whether a petition has the
requisite industry support, the statute
directs the Department 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
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product (section
771(10) of the Act), they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’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. See USEC, Inc. v.
United States, 132 F. Supp. 2d 1, 8 (CIT
2001), citing Algoma Steel Corp. Ltd. v.
United States, 688 F. Supp. 639, 644
(1988), aff’d 865 F.2d 240 (Fed. Cir.
1989), cert. denied 492 U.S. 919 (1989).
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
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be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, Petitioner does not offer a
definition of domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that certain
activated carbon constitutes a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product. For a
discussion of the domestic like product
analysis in this case, see the Initiation
Checklist, at Attachment I (Industry
Support).
On March 15, 2006, we received an
industry support challenge from
importers of activated carbon.1 We also
received a letter of opposition to the
petition from California Carbon, a U.S.
producer of activated carbon, on March
24, 2006. See Initiation Checklist at
Attachment I (Industry Support). Our
review of the data provided in the
petition, supplemental submissions, and
other information readily available to
the Department indicates that
Petitioners have established industry
support representing at least 25 percent
of the total production of the domestic
like product; and 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, requiring no
further action by the Department
pursuant to section 732(c)(4)(D) of the
Act. Therefore, the domestic producers
(or workers) who support the petition
account for at least 25 percent of the
total production of the domestic like
product, and the requirements of section
732(c)(4)(A)(i) of the Act are met.
Furthermore, the domestic producers
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. Thus, the requirements of
section 732(c)(4)(A)(ii) of the Act also
are met. Accordingly, the Department
determines that the petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act. See Initiation Checklist at
Attachment I (Industry Support).
The Department finds that Petitioners
filed the petition on behalf of the
domestic industry because they are an
interested party as defined in sections
771(9)(E) and (F) of the Act and they
1 We received additional submissions from the
importers on March 21, 22, and 24, 2006.
Petitioners responded to these submissions on
March 22 and March 28, 2006.
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have demonstrated sufficient industry
support with respect to the antidumping
investigation that they are requesting
the Department initiate. See Initiation
Checklist at Attachment I (Industry
Support).
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Export Price
Petitioners relied on three U.S. prices
for certain activated carbon
manufactured in the PRC and offered for
sale in the United States. Two prices
were for POI sales of PAC and the other
was for a sale of GAC. In each case, the
U.S. price was the winning bid listed on
a publically available bid sheet from a
U.S. municipal water authority buying
activated carbon. Each bid sheet
identifies the price, terms of sale, and
supplier of the winning bid. Because
each of the bid prices were for delivery
to the applicable municipal water
authority, Petitioners deducted from the
price, the costs associated with
exporting and delivering the product,
including U.S. inland freight, the U.S.
importer/distributor profit margin,
ocean freight and insurance charges,
U.S. duty, port and wharfage fees,
foreign inland freight costs, and foreign
brokerage and handling. The
Department recalculated one export
price to adjust the U.S. inland freight
figure used by Petitioners. See Initiation
Checklist.
Normal Value
Petitioners stated that the PRC is a
non–market economy (‘‘NME’’) and no
determination to the contrary has yet
been made by the Department. In
previous investigations, the Department
has determined that the PRC is a NME.
See Notice of Final Determination of
Sales at Less Than Fair Value:
Magnesium Metal from the People’s
Republic of China, 70 FR 9037
(February 24, 2005), Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Tissue Paper
Products from the People’s Republic of
China, 70 FR 7475 (February 14, 2005),
and Notice of Final Determination of
Sales at Less Than Fair Value: Certain
Frozen and Canned Warmwater Shrimp
from the People’s Republic of China, 69
FR 70997 (December 8, 2004). In
accordance with section 771(18)(C)(i) of
the Act, the presumption of NME status
remains in effect until revoked by the
Department. The presumption of NME
status for the PRC has not been revoked
by the Department and remains in effect
for purposes of the initiation of this
investigation. Accordingly, the normal
value (‘‘NV’’) of the product is
appropriately based on factors of
production valued in a surrogate market
economy country in accordance with
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section 773(c) of the Act. In the course
of this investigation, all parties will
have the opportunity to provide relevant
information related to the issues of the
PRC’s NME status and the granting of
separate rates to individual exporters.
Petitioners selected India as the
surrogate country. Petitioners argued
that, pursuant to section 773(c)(4) of the
Act, India is an appropriate surrogate
because it is a market–economy country
that is at a comparable level of
economic development to the PRC and
is a significant producer and exporter of
activated carbon. Based on the
information provided by Petitioners, we
believe that its use of India as a
surrogate country is appropriate for
purposes of initiating this investigation.
After the initiation of the investigation,
we will solicit comments regarding
surrogate country selection. Also,
pursuant to 19 CFR 351.301(c)(3)(i),
interested parties will be provided an
opportunity to submit publicly available
information to value factors of
production within 40 days after the date
of publication of the preliminary
determination.
Petitioners provided three dumping
margin calculations using the
Department’s NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C).
Petitioners calculated normal values
based on consumption rates for
producing activated carbon experienced
by U.S. producers. In accordance with
section 773(c)(4) of the Act, Petitioners
valued factors of production, where
possible, on reasonably available, public
surrogate country data. To value certain
factors of production, Petitioners used
official Indian government import
statistics, excluding those values from
countries previously determined by the
Department to be NME countries and
excluding imports into India from
Indonesia, Republic of Korea and
Thailand, because the Department has
previously excluded prices from these
countries because they maintain
broadly–available, non–industry
specific export subsidies. See
Automotive Replacement Glass
Windshields From the People’s Republic
of China: Final Results of
Administrative Review, 69 FR 61790
(October 21, 2004), and accompanying
Issues and Decision Memorandum at
Comment 5.
For the surrogate value for coal,
Petitioners only used coking coal
imports into India from New Zealand.
We have recalculated the normal values
to use a surrogate value for coking coal
that is based on Indian imports of
coking coal from all sources, except
those specifically excluded above due to
NME status or availability of export
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subsidies. See Initiation Checklist for
details of the recalculation.
For inputs valued in Indian rupees
and not contemporaneous with the POI,
Petitioners used information from the
wholesale price indices (‘‘WPI’’) in
India as published by the International
Monetary Fund in the International
Financial Statistics to determine the
appropriate adjustments for inflation. In
addition, Petitioners made currency
conversions, where necessary, based on
the average rupee/U.S. dollar exchange
rate for the POI, as reported on the
Department’s Web site.
For the normal value calculations,
Petitioners derived the figures for
factory overhead, selling, general and
administrative expenses (‘‘SG&A’’), and
profit from the financial ratios of an
Indian activated carbon producer, Indo
German Carbons Ltd. See Petition at
page 63 and Initiation Checklist.
Fair Value Comparisons
Based on the data provided by
Petitioners, there is reason to believe
that imports of certain activated carbon
from the PRC are being, or are likely to
be, sold in the United States at less than
fair value. Based upon comparisons of
export price to the NV, calculated in
accordance with section 773(c) of the
Act, the estimated recalculated dumping
margins for certain activated carbon
from the PRC range from 114.33 percent
to 333.66 percent.
Allegations and Evidence of Material
Injury and Causation
Petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the individual and cumulated
imports of the subject merchandise sold
at less than NV. Petitioners contend that
the industry’s injured condition is
illustrated by the decline in customer
base, market share, domestic shipments,
prices and financial performance. We
have assessed the allegations and
supporting evidence regarding material
injury and causation, and we have
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation. See
Initiation Checklist at Attachment II
(Injury).
Separate Rates and Quantity and Value
Questionnaire
The Department recently modified the
process by which exporters and
producers may obtain separate–rate
status in NME investigations. See Policy
Bulletin 05.1: Separate–Rates Practice
and Application of Combination Rates
in Antidumping Investigations
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involving Non–Market Economy
Countries (Separate Rates and
Combination Rates Bulletin), (April 5,
2005), available on the Department’s
Web site at https://ia.ita.doc.gov. The
process now requires the submission of
a separate–rate status application. Based
on our experience in processing the
separate rates applications in the
antidumping duty investigations of
Certain Artist Canvas from the People’s
Republic of China, Diamond Sawblades
and Parts Thereof from the People’s
Republic of China and the Republic of
Korea and Ceratin Lined Paper Products
from India, Indonesia, and the People’s
Republic of China, we have modified
the application for this investigation to
make it more administrable and easier
for applicants to complete. See
Initiation of Antidumping Duty
Investigation: Certain Artist Canvas
From the People’s Republic of China, 70
FR 21996, 21999 (April 28, 2005),
Initiation of Antidumping Duty
Investigations: Diamond Sawblades and
Parts Thereof from the People’s
Republic of China and the Republic of
Korea, 70 FR 35625, 35629 (June 21,
2005), and Initiation of Antidumping
Duty Investigations: Certain Lined Paper
Products from India, Indonesia, and the
People’s Republic of China, 70 FR
58374, 58379 (October 6, 2005). The
specific requirements for submitting the
separate–rates application in this
investigation are outlined in detail in
the application itself, which will be
available on the Department’s Website
at https://ia.ita.doc.gov on the date of
publication of this initiation notice in
the Federal Register. Please refer to this
application for all instructions.
NME Respondent Selection and
Quantity and Value Questionnaire
For NME investigations, it is the
Department’s practice to request
quantity and value information from all
known exporters identified in the
petition. In addition, the Department
typically requests the assistance of the
NME government in transmitting the
Department’s quantity and value
questionnaire to all companies who
manufacture and export subject
merchandise to the United States, as
well as to manufacturers who produce
the subject merchandise for companies
who were engaged in exporting subject
merchandise to the United States during
the period of investigation. The quantity
and value data received from NME
exporters is used as the basis to select
the mandatory respondents. Although
many NME exporters respond to the
quantity and value information request,
at times some exporters may not have
received the quantity and value
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questionnaire or may not have received
it in time to respond by the specified
deadline.
The Department is now publicizing its
requirement that quantity and value
responses must be submitted for both
the quantity and value questionnaire
and the separate–rates application by
the respective deadlines in order to
receive consideration for separate–rate
status. This new procedure will be
applied to all future investigations.
Appendix I of this notice contains the
quantity and value questionnaire that
must be submitted by all NME
exporters. In addition, the Department
will post the quantity and value
questionnaire along with the filing
instructions on the IA Website (https://
ia.ita.doc.gov). This quantity and value
questionnaire is due no later than 15
calendar days from the date of
publication of this notice. Consistent
with Department practice, if a deadline
falls on a weekend, federal holiday, or
any other day when the Department is
closed, the Department will accept the
response on the next business day. 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).
The Department will continue to send
the quantity and value questionnaire to
those exporters identified in the petition
and the NME government.
Use of Combination Rates in an NME
Investigation
The Department will calculate
combination rates for certain
respondents that are eligible for a
separate rate in this investigation. The
Separate Rates and Combination Rates
Bulletin, states:
{w}hile continuing the practice of
assigning separate rates only to
exporters, all separate rates that the
Department will now assign in its
NME investigations will be specific
to those producers that supplied the
exporter during the period of
investigation. Note, however, that
one rate is calculated for the
exporter and all of the producers
which supplied subject
merchandise to it during the period
of investigation. This practice
applies both to mandatory
respondents receiving an
individually calculated separate
rate as well as the pool of non–
investigated firms receiving the
weighted–average of the
individually calculated rates. This
practice is referred to as the
application of ‘‘combination rates’’
because such rates apply to specific
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combinations of exporters and one
or more producers. The cash–
deposit rate assigned to an exporter
will apply only to merchandise
both exported by the firm in
question and produced by a firm
that supplied the exporter during
the period of investigation.
Separate Rates and Combination
Rates Bulletin, at page 6.
Initiation of Antidumping Investigation
Based upon our examination of the
petition on certain activated carbon
from the PRC, we find that this petition
meets the requirements of section 732 of
the Act. Therefore, we are initiating an
antidumping duty investigation to
determine whether imports of certain
activated carbon from the PRC are being,
or are likely to be, sold in the United
States at less than fair value. Unless
postponed, we will make our
preliminary determinations no later
than 140 days after the date of these
initiations.
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act, a copy of the
public version of the petition has been
provided to the government of the PRC.
International Trade Commission
Notification
We have notified 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 25 days after the date on which
it receives notice of this initiation,
whether there is a reasonable indication
that imports of certain activated carbon
from the PRC are causing material
injury, or threatening to cause material
injury, to a U.S. industry. See section
733(a)(2) of the Act. A negative ITC
determination will result in the
investigation being terminated;
otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: March 28, 2006.
David M. Spooner.
Assistant Secretaryfor Import Administration.
APPENDIX I
Where it is not practicable to examine
all known producers/exporters of
subject merchandise, section 777A(c)(2)
of the Tariff Act of 1930 (as amended)
permits us to investigate 1) a sample of
exporters, producers, or types of
products that is statistically valid based
on the information available at the time
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of selection, or 2) exporters and
producers accounting for the largest
volume and value of the subject
merchandise that can reasonably be
examined.
Market
In the chart provided below, please
provide the total quantity and total
value of all your sales of merchandise
covered by the scope of this
Total Quantity
investigation (see scope section of this
notice), produced in the PRC, and
exported/shipped to the United States
during the period July 1, 2005, through
December 31, 2005.
Terms of Sale
Total Value
United States
1. Export
Price Sales
2.
a. Exporter
name
b. Address
c. Contact
d. Phone
No.
e. Fax
No.
3. Constructed
Export
Price Sales
4. Further
Manufactured
Total Sales
Total Quantity
• Please report quantity on a kilogram
basis. If any conversions were used,
please provide the conversion
formula and source.
Terms of Sales
• Please report all sales on the same
terms (e.g., free on board).
sroberts on PROD1PC70 with NOTICES
Total Value
• All sales values should be reported
in U.S. dollars. Please indicate any
exchange rates used and their
respective dates and sources.
Export Price Sales
• Generally, a U.S. sale is classified as
an export price sale when the first
sale to an unaffiliated person occurs
before importation into the United
States.
• Please include any sales exported by
your company directly to the
United States.
• Please include any sales exported by
your company to a third–country
market economy reseller where you
had knowledge that the
merchandise was destined to be
resold to the United States.
• If you are a producer of subject
merchandise, please include any
sales manufactured by your
company that were subsequently
exported by an affiliated exporter to
the United States.
• Please do not include any sales of
VerDate Aug<31>2005
18:55 Apr 03, 2006
Jkt 208001
merchandise manufactured in Hong
Kong in your figures.
Constructed Export Price Sales
• Generally, a U.S. sale is classified as
a constructed export price sale
when the first sale to an unaffiliated
person occurs after importation.
However, if the first sale to the
unaffiliated person is made by a
person in the United States
affiliated with the foreign exporter,
constructed export price applies
even if the sale occurs prior to
importation.
• Please include any sales exported by
your company directly to the
United States.
• Please include any sales exported by
your company to a third–country
market economy reseller where you
had knowledge that the
merchandise was destined to be
resold to the United States.
• If you are a producer of subject
merchandise, please include any
sales manufactured by your
company that were subsequently
exported by an affiliated exporter to
the United States.
• Please do not include any sales of
merchandise manufactured in Hong
Kong in your figures.
Further Manufactured
PO 00000
• Further manufacture or assembly
costs include amounts incurred for
Frm 00006
Fmt 4703
Sfmt 4703
direct materials, labor and
overhead, plus amounts for general
and administrative expense, interest
expense, and additional packing
expense incurred in the country of
further manufacture, as well as all
costs involved in moving the
product from the U.S. port of entry
to the further manufacturer.
[FR Doc. E6–4864 Filed 4–3–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–822]
Corrosion–Resistant Carbon Steel Flat
Products from Canada: Notice of
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
EFFECTIVE DATE: April 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Douglas Kirby or Joshua Reitze, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3782 or (202) 482–
0666, respectively.
AGENCY:
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 71, Number 64 (Tuesday, April 4, 2006)]
[Notices]
[Pages 16757-16761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4864]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Initiation of Antidumping Duty Investigation: Certain Activated
Carbon From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 4, 2006.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Carrie Blozy,
AD/CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3207 or (202) 482-5403, respectively.
SUPPLEMENTARY INFORMATION:
INITIATION OF INVESTIGATION
The Petition
On March 8, 2006, the Department of Commerce (``Department'')
received a petition on imports of certain activated carbon from the
People's Republic of China (``PRC'') filed in proper form by Calgon
Carbon Corporation and Norit Americas Inc. (``Petitioners''). The
period of investigation (``POI'') is July 1, 2005, through December 31,
2005.
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (``the Act''), Petitioners alleged that imports of certain
activated carbon from the PRC are being, or are likely to be, sold in
the United States at less than fair value within the meaning of section
731 of the Act, and that such imports are materially injuring and
threaten to injure an industry in the United States. The Department
issued supplemental questions to Petitioners on March 10, 2006, and
Petitioners filed their response on March 15, 2006.
Scope of Investigation
The merchandise subject to this investigation is certain activated
carbon. Certain activated carbon is a powdered, granular or pelletized
carbon product obtained by ``activating'' with heat and steam various
materials containing carbon, including but not limited to coal
(including bituminous, lignite and anthracite), wood, coconut shells,
olive stones, and peat. The thermal and steam treatments remove organic
materials and create an internal pore structure in the carbon material.
The producer can also use carbon dioxide gas (CO[bdi2]) in place of
steam in this process. The vast majority of the internal porosity
developed during the high temperature steam (or CO[bdi2] gas) activated
process is a direct result of oxidation of a portion of the solid
carbon atoms in the raw material, converting them into a gaseous form
of carbon.
The scope of this investigation covers all forms of activated
carbon that are activated by steam or CO[bdi2], regardless of the raw
material, grade, mixture, additives, further washing or post-activation
chemical treatment (chemical or water washing, chemical impregnation or
other treatment), or product form. Unless specifically excluded, the
scope of this investigation covers all physical forms of certain
activated carbon, including powdered activated carbon (``PAC''),
granular activated carbon (``GAC''), and pelletized activated carbon.
Excluded from the scope of the investigation are chemically-
activated carbons. The carbon-based raw material used in the chemical
activation process is treated with a strong chemical agent, including
but not limited to phosphoric acid, zinc chloride sulfuric acid or
potassium hydroxide, that dehydrates molecules in the raw material, and
results in the formation of water that is removed from the raw material
by moderate heat treatment. The activated carbon created by chemical
activation has internal porosity developed primarily due to the action
of the chemical dehydration agent. Chemically activated carbons are
typically used to activate raw materials with a lignocellulosic
component such as cellulose, including wood, sawdust, paper mill waste
and peat.
To the extent that an imported activated carbon product is a blend
of steam and chemically activated carbons, products containing 50
percent or more steam (or CO[bdi2] gas) activated carbons are within
this scope, and those containing more than 50 percent chemically
activated carbons are outside this scope.
Also excluded from the scope are reactivated carbons. Reactivated
carbons are previously used activated carbons that have had adsorbed
materials removed from their pore structure after use through the
application of heat, steam and/or chemicals.
Also excluded from the scope is activated carbon cloth. Activated
carbon cloth is a woven textile fabric made of or containing activated
carbon fibers. It is used in masks and filters and clothing of various
types where a woven format is required.
Any activated carbon meeting the physical description of subject
merchandise provided above that is not expressly excluded from the
scope is included within this scope. The
[[Page 16758]]
products under investigation are currently classifiable under the
Harmonized Tariff Schedule of the United States (``HTSUS'') subheading
3802.10.00. Although HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Comments on Scope of Investigation
During our review of the petition, we discussed the scope with
Petitioners to ensure that it accurately reflects the product for which
the domestic industry is seeking relief. Petitioners had previously
filed a petition on activated carbon from the People's Republic of
China on January 26, 2006. On March 8, 2006, Petitioners filed a
petition on certain activated carbon from the People's Republic of
China. This petition changed the scope and domestic like product
definition from the January 26, 2006 petition, which was subsequently
withdrawn, to exclude chemically activated carbons. In the March 8,
2006, petition on certain activated carbon, Petitioners addressed their
determination to limit the scope to only steam activated carbons and
submitted information to support their assertion that chemical and
steam activated carbons should not be considered within the scope or
the domestic like product.
Moreover, as discussed in the preamble to the Department's
regulations, we are setting aside a period for interested parties to
raise issues regarding product coverage. See Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997).
The Department encourages all interested parties to submit such
comments within 20 calendar days of publication of this initiation
notice. Comments should be addressed to Import Administration's Central
Records Unit in Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230 - Attention: Catherine
Bertrand and Carrie Blozy, Room 4003. The period of scope consultations
is intended to provide the Department with ample opportunity to
consider all comments and consult with interested parties prior to the
issuance of the preliminary determination.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed by
or on behalf of the domestic industry. In order to determine whether a
petition has been filed by or on behalf of the industry, the
Department, pursuant to section 732(c)(4)(A) of the Act, determines
whether
a minimum percentage of the relevant industry supports the
petition. 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, the Department 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.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers of a domestic like product. Thus, to determine whether a
petition has the requisite industry support, the statute directs the
Department 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 the Department and the ITC
must apply the same statutory definition regarding the domestic like
product (section 771(10) of the Act), they do so for different purposes
and pursuant to a separate and distinct authority. In addition, the
Department'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. See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001), citing Algoma Steel Corp. Ltd. v. United States,
688 F. Supp. 639, 644 (1988), aff'd 865 F.2d 240 (Fed. Cir. 1989),
cert. denied 492 U.S. 919 (1989).
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, Petitioner does not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that certain activated carbon
constitutes a single domestic like product and we have analyzed
industry support in terms of that domestic like product. For a
discussion of the domestic like product analysis in this case, see the
Initiation Checklist, at Attachment I (Industry Support).
On March 15, 2006, we received an industry support challenge from
importers of activated carbon.\1\ We also received a letter of
opposition to the petition from California Carbon, a U.S. producer of
activated carbon, on March 24, 2006. See Initiation Checklist at
Attachment I (Industry Support). Our review of the data provided in the
petition, supplemental submissions, and other information readily
available to the Department indicates that Petitioners have established
industry support representing at least 25 percent of the total
production of the domestic like product; and 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,
requiring no further action by the Department pursuant to section
732(c)(4)(D) of the Act. Therefore, the domestic producers (or workers)
who support the petition account for at least 25 percent of the total
production of the domestic like product, and the requirements of
section 732(c)(4)(A)(i) of the Act are met. Furthermore, the domestic
producers 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.
Thus, the requirements of section 732(c)(4)(A)(ii) of the Act also are
met. Accordingly, the Department determines that the petition was filed
on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act. See Initiation Checklist at Attachment I
(Industry Support).
---------------------------------------------------------------------------
\1\ We received additional submissions from the importers on
March 21, 22, and 24, 2006. Petitioners responded to these
submissions on March 22 and March 28, 2006.
---------------------------------------------------------------------------
The Department finds that Petitioners filed the petition on behalf
of the domestic industry because they are an interested party as
defined in sections 771(9)(E) and (F) of the Act and they
[[Page 16759]]
have demonstrated sufficient industry support with respect to the
antidumping investigation that they are requesting the Department
initiate. See Initiation Checklist at Attachment I (Industry Support).
Export Price
Petitioners relied on three U.S. prices for certain activated
carbon manufactured in the PRC and offered for sale in the United
States. Two prices were for POI sales of PAC and the other was for a
sale of GAC. In each case, the U.S. price was the winning bid listed on
a publically available bid sheet from a U.S. municipal water authority
buying activated carbon. Each bid sheet identifies the price, terms of
sale, and supplier of the winning bid. Because each of the bid prices
were for delivery to the applicable municipal water authority,
Petitioners deducted from the price, the costs associated with
exporting and delivering the product, including U.S. inland freight,
the U.S. importer/distributor profit margin, ocean freight and
insurance charges, U.S. duty, port and wharfage fees, foreign inland
freight costs, and foreign brokerage and handling. The Department
recalculated one export price to adjust the U.S. inland freight figure
used by Petitioners. See Initiation Checklist.
Normal Value
Petitioners stated that the PRC is a non-market economy (``NME'')
and no determination to the contrary has yet been made by the
Department. In previous investigations, the Department has determined
that the PRC is a NME. See Notice of Final Determination of Sales at
Less Than Fair Value: Magnesium Metal from the People's Republic of
China, 70 FR 9037 (February 24, 2005), Notice of Final Determination of
Sales at Less Than Fair Value: Certain Tissue Paper Products from the
People's Republic of China, 70 FR 7475 (February 14, 2005), and Notice
of Final Determination of Sales at Less Than Fair Value: Certain Frozen
and Canned Warmwater Shrimp from the People's Republic of China, 69 FR
70997 (December 8, 2004). In accordance with section 771(18)(C)(i) of
the Act, the presumption of NME status remains in effect until revoked
by the Department. The presumption of NME status for the PRC has not
been revoked by the Department and remains in effect for purposes of
the initiation of this investigation. Accordingly, the normal value
(``NV'') of the product is appropriately based on factors of production
valued in a surrogate market economy country in accordance with section
773(c) of the Act. In the course of this investigation, all parties
will have the opportunity to provide relevant information related to
the issues of the PRC's NME status and the granting of separate rates
to individual exporters.
Petitioners selected India as the surrogate country. Petitioners
argued that, pursuant to section 773(c)(4) of the Act, India is an
appropriate surrogate because it is a market-economy country that is at
a comparable level of economic development to the PRC and is a
significant producer and exporter of activated carbon. Based on the
information provided by Petitioners, we believe that its use of India
as a surrogate country is appropriate for purposes of initiating this
investigation. After the initiation of the investigation, we will
solicit comments regarding surrogate country selection. Also, pursuant
to 19 CFR 351.301(c)(3)(i), interested parties will be provided an
opportunity to submit publicly available information to value factors
of production within 40 days after the date of publication of the
preliminary determination.
Petitioners provided three dumping margin calculations using the
Department's NME methodology as required by 19 CFR 351.202(b)(7)(i)(C).
Petitioners calculated normal values based on consumption rates for
producing activated carbon experienced by U.S. producers. In accordance
with section 773(c)(4) of the Act, Petitioners valued factors of
production, where possible, on reasonably available, public surrogate
country data. To value certain factors of production, Petitioners used
official Indian government import statistics, excluding those values
from countries previously determined by the Department to be NME
countries and excluding imports into India from Indonesia, Republic of
Korea and Thailand, because the Department has previously excluded
prices from these countries because they maintain broadly-available,
non-industry specific export subsidies. See Automotive Replacement
Glass Windshields From the People's Republic of China: Final Results of
Administrative Review, 69 FR 61790 (October 21, 2004), and accompanying
Issues and Decision Memorandum at Comment 5.
For the surrogate value for coal, Petitioners only used coking coal
imports into India from New Zealand. We have recalculated the normal
values to use a surrogate value for coking coal that is based on Indian
imports of coking coal from all sources, except those specifically
excluded above due to NME status or availability of export subsidies.
See Initiation Checklist for details of the recalculation.
For inputs valued in Indian rupees and not contemporaneous with the
POI, Petitioners used information from the wholesale price indices
(``WPI'') in India as published by the International Monetary Fund in
the International Financial Statistics to determine the appropriate
adjustments for inflation. In addition, Petitioners made currency
conversions, where necessary, based on the average rupee/U.S. dollar
exchange rate for the POI, as reported on the Department's Web site.
For the normal value calculations, Petitioners derived the figures
for factory overhead, selling, general and administrative expenses
(``SG&A''), and profit from the financial ratios of an Indian activated
carbon producer, Indo German Carbons Ltd. See Petition at page 63 and
Initiation Checklist.
Fair Value Comparisons
Based on the data provided by Petitioners, there is reason to
believe that imports of certain activated carbon from the PRC are
being, or are likely to be, sold in the United States at less than fair
value. Based upon comparisons of export price to the NV, calculated in
accordance with section 773(c) of the Act, the estimated recalculated
dumping margins for certain activated carbon from the PRC range from
114.33 percent to 333.66 percent.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the individual and cumulated imports of
the subject merchandise sold at less than NV. Petitioners contend that
the industry's injured condition is illustrated by the decline in
customer base, market share, domestic shipments, prices and financial
performance. We have assessed the allegations and supporting evidence
regarding material injury and causation, and we have determined that
these allegations are properly supported by adequate evidence and meet
the statutory requirements for initiation. See Initiation Checklist at
Attachment II (Injury).
Separate Rates and Quantity and Value Questionnaire
The Department recently modified the process by which exporters and
producers may obtain separate-rate status in NME investigations. See
Policy Bulletin 05.1: Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations
[[Page 16760]]
involving Non-Market Economy Countries (Separate Rates and Combination
Rates Bulletin), (April 5, 2005), available on the Department's Web
site at https://ia.ita.doc.gov. The process now requires the submission
of a separate-rate status application. Based on our experience in
processing the separate rates applications in the antidumping duty
investigations of Certain Artist Canvas from the People's Republic of
China, Diamond Sawblades and Parts Thereof from the People's Republic
of China and the Republic of Korea and Ceratin Lined Paper Products
from India, Indonesia, and the People's Republic of China, we have
modified the application for this investigation to make it more
administrable and easier for applicants to complete. See Initiation of
Antidumping Duty Investigation: Certain Artist Canvas From the People's
Republic of China, 70 FR 21996, 21999 (April 28, 2005), Initiation of
Antidumping Duty Investigations: Diamond Sawblades and Parts Thereof
from the People's Republic of China and the Republic of Korea, 70 FR
35625, 35629 (June 21, 2005), and Initiation of Antidumping Duty
Investigations: Certain Lined Paper Products from India, Indonesia, and
the People's Republic of China, 70 FR 58374, 58379 (October 6, 2005).
The specific requirements for submitting the separate-rates application
in this investigation are outlined in detail in the application itself,
which will be available on the Department's Website at https://
ia.ita.doc.gov on the date of publication of this initiation notice in
the Federal Register. Please refer to this application for all
instructions.
NME Respondent Selection and Quantity and Value Questionnaire
For NME investigations, it is the Department's practice to request
quantity and value information from all known exporters identified in
the petition. In addition, the Department typically requests the
assistance of the NME government in transmitting the Department's
quantity and value questionnaire to all companies who manufacture and
export subject merchandise to the United States, as well as to
manufacturers who produce the subject merchandise for companies who
were engaged in exporting subject merchandise to the United States
during the period of investigation. The quantity and value data
received from NME exporters is used as the basis to select the
mandatory respondents. Although many NME exporters respond to the
quantity and value information request, at times some exporters may not
have received the quantity and value questionnaire or may not have
received it in time to respond by the specified deadline.
The Department is now publicizing its requirement that quantity and
value responses must be submitted for both the quantity and value
questionnaire and the separate-rates application by the respective
deadlines in order to receive consideration for separate-rate status.
This new procedure will be applied to all future investigations.
Appendix I of this notice contains the quantity and value questionnaire
that must be submitted by all NME exporters. In addition, the
Department will post the quantity and value questionnaire along with
the filing instructions on the IA Website (https://ia.ita.doc.gov). This
quantity and value questionnaire is due no later than 15 calendar days
from the date of publication of this notice. Consistent with Department
practice, if a deadline falls on a weekend, federal holiday, or any
other day when the Department is closed, the Department will accept the
response on the next business day. 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). The Department will continue to send the
quantity and value questionnaire to those exporters identified in the
petition and the NME government.
Use of Combination Rates in an NME Investigation
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in this
investigation. The Separate Rates and Combination Rates Bulletin,
states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME investigations will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period of
investigation. This practice applies both to mandatory respondents
receiving an individually calculated separate rate as well as the pool
of non-investigated firms receiving the weighted-average of the
individually calculated rates. This practice is referred to as the
application of ``combination rates'' because such rates apply to
specific combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.
Separate Rates and Combination Rates Bulletin, at page 6.
Initiation of Antidumping Investigation
Based upon our examination of the petition on certain activated
carbon from the PRC, we find that this petition meets the requirements
of section 732 of the Act. Therefore, we are initiating an antidumping
duty investigation to determine whether imports of certain activated
carbon from the PRC are being, or are likely to be, sold in the United
States at less than fair value. Unless postponed, we will make our
preliminary determinations no later than 140 days after the date of
these initiations.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, a copy of the
public version of the petition has been provided to the government of
the PRC.
International Trade Commission Notification
We have notified 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 25 days after the date
on which it receives notice of this initiation, whether there is a
reasonable indication that imports of certain activated carbon from the
PRC are causing material injury, or threatening to cause material
injury, to a U.S. industry. See section 733(a)(2) of the Act. A
negative ITC determination will result in the investigation being
terminated; otherwise, this investigation will proceed according to
statutory and regulatory time limits.
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: March 28, 2006.
David M. Spooner.
Assistant Secretaryfor Import Administration.
APPENDIX I
Where it is not practicable to examine all known producers/exporters of
subject merchandise, section 777A(c)(2) of the Tariff Act of 1930 (as
amended) permits us to investigate 1) a sample of exporters, producers,
or types of products that is statistically valid based on the
information available at the time
[[Page 16761]]
of selection, or 2) exporters and producers accounting for the largest
volume and value of the subject merchandise that can reasonably be
examined.
In the chart provided below, please provide the total quantity and
total value of all your sales of merchandise covered by the scope of
this investigation (see scope section of this notice), produced in the
PRC, and exported/shipped to the United States during the period July
1, 2005, through December 31, 2005.
----------------------------------------------------------------------------------------------------------------
Market Total Quantity Terms of Sale Total Value
----------------------------------------------------------------------------------------------------------------
United States
1. Export Price Sales
2.
a. Exporter name
b. Address
c. Contact
d. Phone No.
e. Fax No.
3. Constructed Export Price Sales
4. Further Manufactured
Total Sales
----------------------------------------------------------------------------------------------------------------
Total Quantity
Please report quantity on a kilogram basis. If any
conversions were used, please provide the conversion formula and
source.
Terms of Sales
Please report all sales on the same terms (e.g., free on
board).
Total Value
All sales values should be reported in U.S. dollars.
Please indicate any exchange rates used and their respective dates and
sources.
Export Price Sales
Generally, a U.S. sale is classified as an export price
sale when the first sale to an unaffiliated person occurs before
importation into the United States.
Please include any sales exported by your company directly
to the United States.
Please include any sales exported by your company to a
third-country market economy reseller where you had knowledge that the
merchandise was destined to be resold to the United States.
If you are a producer of subject merchandise, please
include any sales manufactured by your company that were subsequently
exported by an affiliated exporter to the United States.
Please do not include any sales of merchandise
manufactured in Hong Kong in your figures.
Constructed Export Price Sales
Generally, a U.S. sale is classified as a constructed
export price sale when the first sale to an unaffiliated person occurs
after importation. However, if the first sale to the unaffiliated
person is made by a person in the United States affiliated with the
foreign exporter, constructed export price applies even if the sale
occurs prior to importation.
Please include any sales exported by your company directly
to the United States.
Please include any sales exported by your company to a
third-country market economy reseller where you had knowledge that the
merchandise was destined to be resold to the United States.
If you are a producer of subject merchandise, please
include any sales manufactured by your company that were subsequently
exported by an affiliated exporter to the United States.
Please do not include any sales of merchandise
manufactured in Hong Kong in your figures.
Further Manufactured
Further manufacture or assembly costs include amounts
incurred for direct materials, labor and overhead, plus amounts for
general and administrative expense, interest expense, and additional
packing expense incurred in the country of further manufacture, as well
as all costs involved in moving the product from the U.S. port of entry
to the further manufacturer.
[FR Doc. E6-4864 Filed 4-3-06; 8:45 am]
BILLING CODE 3510-DS-S