Certain Activated Carbon From the People's Republic of China: Notice of Initiation of Changed Circumstances Review, 19934-19935 [E9-9998]
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19934
Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–904
Certain Activated Carbon From the
People’s Republic of China: Notice of
Initiation of Changed Circumstances
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has received
information sufficient to warrant
initiation of a changed circumstances
review of the antidumping duty order
on certain activated carbon from the
People’s Republic of China (‘‘PRC’’).
Based upon a request filed by Hebei
Foreign Trade and Advertising
Corporation (‘‘Hebei Foreign’’), the
Department is initiating a changed
circumstances review to determine
whether Hebei Shenglun Advertising
and Exhibit Corporation (‘‘Hebei
Shenglun’’) is the successor–in-interest
to Hebei Foreign, a separate–rate
respondent in the original investigation
and first administrative review.
EFFECTIVE DATE: April 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue, NW, Washington,
DC 20230; telephone: 202–482–7906.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, the Department
published in the Federal Register an
antidumping duty order on certain
activated carbon from the PRC. See
Notice of Antidumping Duty Order:
Certain Activated Carbon from the
People’s Republic of China, 72 FR 20988
(April 27, 2007) (‘‘PRC Carbon Order’’).
As part of the antidumping duty order
on certain activated carbon from the
PRC, Hebei Foreign received a separate
rate of 67.14 percent. Id. at 20989. On
February 24, 2009, Hebei Foreign filed
a submission requesting that the
Department conduct a changed
circumstances review of the
antidumping duty order on certain
activated carbon from the PRC to
confirm that Hebei Shenglun is the
successor–in-interest to Hebei Foreign.1
1 See Letter from Garvey Schubert Barer, to the
Department, regarding Certain Activated Carbon
from the People’s Republic of China; Request for
Changed Circumstances Review (Case No. A-570904) (February 24, 2009) (‘‘Hebei Foreign’s CCR
Request’’).
VerDate Nov<24>2008
15:35 Apr 29, 2009
Jkt 217001
In its submission, Hebei Foreign
provided information on the events
leading to the creation of Hebei
Shenglun and the transfer of assets from
Hebei Foreign to Hebei Shenglun. Hebei
Foreign also provided documentation
relating to the agreement between Hebei
Foreign and Hebei Shenglun to transfer
assets. In addition, Hebei Foreign
provided narrative explanation and
some limited documentation relating to
the ownership structure and
management, organizational structure,
customer base, supplier relationships
and locations of both Hebei Foreign and
Hebei Shenglun. As part of its February
24, 2009, submission, Hebei Foreign
requested that the Department conduct
an expedited review.2
Scope of the Order
The merchandise subject to this order
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
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 order 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 order 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 order
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
2 Hebei Foreign filed a request for changed
circumstances on November 7, 2008. The
Department rejected that request because it did not
contain sufficient evidence to initiate a changed
circumstances review.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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.
This exclusion language regarding
blended material applies only to
mixtures of steam and chemically
activated carbons.
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
products subject to the order are
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
3802.10.00. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of this order is
dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (‘‘Act’’),
the Department will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from an interested party for a review of,
an antidumping duty order, which
shows changed circumstances sufficient
to warrant a review of the order.
Additionally, section 751(b)(4) of the
Act and 19 CFR 351.216(c) state that the
Department shall not conduct a review
E:\FR\FM\30APN1.SGM
30APN1
Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
less than 24 months after the date of
publication of the determination, in the
absence of good cause. As noted above,
Hebei Foreign filed its request for a
changed circumstances review on
February 24, 2009, over 36 months after
the publication of the amended final
determination and order. See PRC
Carbon Order.
In accordance with 19 CFR
351.216(d), the Department has
determined that the information
submitted by Hebei Foreign constitutes
sufficient evidence to conduct a change
circumstances review. In a changed
circumstances review involving a
successor–in-interest determination, the
Department typically examines several
factors including, but not limited to,
changes in: (1) management; (2)
production facilities; (3) supplier
relationships; and (4) customer base.
See Certain Cut–to-Length Carbon Steel
Plate from Romania: Initiation and
Preliminary Results of Changed
Circumstances Antidumping Duty
Administrative Review, 70 FR 22847
(May 3, 2005). While no single factor or
combination of factors will necessarily
be dispositive, the Department generally
will consider the new company to be
the successor to the predecessor if the
resulting operations are essentially the
same as those of the predecessor
company. See, e.g., Notice of Initiation
of Antidumping Duty Changed
Circumstances Review: Certain Forged
Stainless Steel Flanges from India, 71
FR 327 (January 4, 2006). Thus, if the
record demonstrates that, with respect
to the production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor. See, e.g., Fresh and Chilled
Atlantic Salmon From Norway: Final
Results of Changed Circumstances
Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1,
1999).
Based on the information provided in
its submission, Hebei Foreign has
provided sufficient evidence to warrant
a review to determine if Hebei Shenglun
is the successor–in-interest to Hebei
Foreign. Therefore, pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed
circumstances review. Although Hebei
Foreign submitted documentation
related to the transfer of assets to Hebei
Shenglun and some limited information
and documentation regarding the four
factors that the Department considers in
its successor–in-interest analysis, it did
not provide complete supporting
documentation or conclusive evidence
VerDate Nov<24>2008
15:35 Apr 29, 2009
Jkt 217001
for the four elements listed above.
Accordingly, the Department has
determined that it would be
inappropriate to expedite this action by
combining the preliminary results of
review with this notice of initiation. See
19 CFR 351.221(c)(3)(ii). Thus, the
Department is not issuing the
preliminary results of its antidumping
duty changed circumstances review at
this time. See, e.g., Notice of Initiation
of Antidumping Duty Changed
Circumstances Review: Certain Pasta
From Turkey, 74 FR 681 (January 7,
2009).
The Department will issue
questionnaires requesting additional
information for the review and will
publish in the Federal Register a notice
of the preliminary results of the
antidumping duty changed
circumstances review, in accordance
with 19 CFR 351.221(b)(2) and (4), and
19 CFR 351.221(c)(3)(i). That notice will
set forth the factual and legal
conclusions upon which our
preliminary results are based and a
description of any action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an
opportunity to comment on the
preliminary results of review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its antidumping duty changed
circumstances review not later than 270
days after the date on which the review
is initiated.
During the course of this antidumping
duty changed circumstances review, we
will not change the cash deposit
requirements for the merchandise
subject to review. The cash deposit will
only be altered, if warranted, pursuant
to the final results of this review.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216.
Dated: April 21, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–9998 Filed 4–29–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
(Docket 17–2009)
Foreign-Trade Zone 75—Phoenix,
Arizona, Application for Expansion
An application has been submitted to
the Foreign–Trade Zones Board (the
Board) by the City of Phoenix, Arizona,
grantee of FTZ 75, requesting authority
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
19935
to expand the zone project within the
Phoenix Customs and Border Protection
port of entry. The application was
submitted pursuant to the provisions of
the Foreign–Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally filed on April 23,
2009.
FTZ 75 was approved on March 25,
1982 (Board Order 185, 47 FR 14931, 4/
7/82) and expanded on July 2, 1993
(Board Order 647, 58 FR 37907, 7/14/93)
and on February 27, 2008 (Board Order
1545, 73 FR 13531, 3/13/08). The zone
project consists of four sites (448 acres
total) in Phoenix: Site 1 (338 acres) -within the 550–acre Phoenix Sky Harbor
Center and Sky Harbor International
Airport’s air cargo terminal located at
Papago Freeway (Interstate 10) and
Buckeye Road; Site 2 (18 acres) -- within
the central southwestern portion of the
CC&F South Valley Industrial Center
located near the intersection of 7th
Street and Victory Street; Site 3 (74
acres) -- Riverside Industrial Center
located at 4747 West Buckeye Road;
and, Site 4 (18 acres) -- Santa Fe
Business Park located between 47th
Avenue and 45th Avenue.
The applicant is now requesting
authority to expand the general–purpose
zone to include the jet fuel storage and
distribution system at and adjacent to
the Phoenix Sky Harbor International
Airport in Phoenix, Arizona (Proposed
Site 5). The system (32.5 acres total)
includes the off–airport terminal (7
tanks, 7.5 acres), airport terminal (5
tanks, 3.5 acres), subsurface pipeline
(14.5 acres) and airport hydrant fueling
system (7 acres). These facilities consist
primarily of storage tanks, pipelines,
pumps, valves, filters, meters and
related equipment. The system is
operated by Airport Fueling Facilities
Corporation which is a consortium of
airlines that service the airport. No
specific manufacturing authority is
being requested at this time. Such
requests would be made to the Board on
a case–by-case basis.
In accordance with the Board’s
regulations, Camille Evans of the FTZ
staff is designated examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is [June 29, 2009]. Rebuttal
comments in response to material
submitted during the foregoing period
may be submitted during the subsequent
15–day period to [July 14, 2009].
E:\FR\FM\30APN1.SGM
30APN1
Agencies
[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19934-19935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9998]
[[Page 19934]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-904
Certain Activated Carbon From the People's Republic of China:
Notice of Initiation of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on certain activated carbon from
the People's Republic of China (``PRC''). Based upon a request filed by
Hebei Foreign Trade and Advertising Corporation (``Hebei Foreign''),
the Department is initiating a changed circumstances review to
determine whether Hebei Shenglun Advertising and Exhibit Corporation
(``Hebei Shenglun'') is the successor-in-interest to Hebei Foreign, a
separate-rate respondent in the original investigation and first
administrative review.
EFFECTIVE DATE: April 30, 2009.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington,
DC 20230; telephone: 202-482-7906.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, the Department published in the Federal Register
an antidumping duty order on certain activated carbon from the PRC. See
Notice of Antidumping Duty Order: Certain Activated Carbon from the
People's Republic of China, 72 FR 20988 (April 27, 2007) (``PRC Carbon
Order''). As part of the antidumping duty order on certain activated
carbon from the PRC, Hebei Foreign received a separate rate of 67.14
percent. Id. at 20989. On February 24, 2009, Hebei Foreign filed a
submission requesting that the Department conduct a changed
circumstances review of the antidumping duty order on certain activated
carbon from the PRC to confirm that Hebei Shenglun is the successor-in-
interest to Hebei Foreign.\1\ In its submission, Hebei Foreign provided
information on the events leading to the creation of Hebei Shenglun and
the transfer of assets from Hebei Foreign to Hebei Shenglun. Hebei
Foreign also provided documentation relating to the agreement between
Hebei Foreign and Hebei Shenglun to transfer assets. In addition, Hebei
Foreign provided narrative explanation and some limited documentation
relating to the ownership structure and management, organizational
structure, customer base, supplier relationships and locations of both
Hebei Foreign and Hebei Shenglun. As part of its February 24, 2009,
submission, Hebei Foreign requested that the Department conduct an
expedited review.\2\
---------------------------------------------------------------------------
\1\ See Letter from Garvey Schubert Barer, to the Department,
regarding Certain Activated Carbon from the People's Republic of
China; Request for Changed Circumstances Review (Case No. A-570-904)
(February 24, 2009) (``Hebei Foreign's CCR Request'').
\2\ Hebei Foreign filed a request for changed circumstances on
November 7, 2008. The Department rejected that request because it
did not contain sufficient evidence to initiate a changed
circumstances review.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this order 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 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 order 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 order 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 order 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. This exclusion language
regarding blended material applies only to mixtures of steam and
chemically activated carbons.
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 products subject to the order
are currently classifiable under the Harmonized Tariff Schedule of the
United States (``HTSUS'') subheading 3802.10.00. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``Act''), the Department will conduct a changed circumstances review
upon receipt of information concerning, or a request from an interested
party for a review of, an antidumping duty order, which shows changed
circumstances sufficient to warrant a review of the order.
Additionally, section 751(b)(4) of the Act and 19 CFR 351.216(c) state
that the Department shall not conduct a review
[[Page 19935]]
less than 24 months after the date of publication of the determination,
in the absence of good cause. As noted above, Hebei Foreign filed its
request for a changed circumstances review on February 24, 2009, over
36 months after the publication of the amended final determination and
order. See PRC Carbon Order.
In accordance with 19 CFR 351.216(d), the Department has determined
that the information submitted by Hebei Foreign constitutes sufficient
evidence to conduct a change circumstances review. In a changed
circumstances review involving a successor-in-interest determination,
the Department typically examines several factors including, but not
limited to, changes in: (1) management; (2) production facilities; (3)
supplier relationships; and (4) customer base. See Certain Cut-to-
Length Carbon Steel Plate from Romania: Initiation and Preliminary
Results of Changed Circumstances Antidumping Duty Administrative
Review, 70 FR 22847 (May 3, 2005). While no single factor or
combination of factors will necessarily be dispositive, the Department
generally will consider the new company to be the successor to the
predecessor if the resulting operations are essentially the same as
those of the predecessor company. See, e.g., Notice of Initiation of
Antidumping Duty Changed Circumstances Review: Certain Forged Stainless
Steel Flanges from India, 71 FR 327 (January 4, 2006). Thus, if the
record demonstrates that, with respect to the production and sale of
the subject merchandise, the new company operates as the same business
entity as the predecessor company, the Department may assign the new
company the cash deposit rate of its predecessor. See, e.g., Fresh and
Chilled Atlantic Salmon From Norway: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980
(March 1, 1999).
Based on the information provided in its submission, Hebei Foreign
has provided sufficient evidence to warrant a review to determine if
Hebei Shenglun is the successor-in-interest to Hebei Foreign.
Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed circumstances review. Although
Hebei Foreign submitted documentation related to the transfer of assets
to Hebei Shenglun and some limited information and documentation
regarding the four factors that the Department considers in its
successor-in-interest analysis, it did not provide complete supporting
documentation or conclusive evidence for the four elements listed
above. Accordingly, the Department has determined that it would be
inappropriate to expedite this action by combining the preliminary
results of review with this notice of initiation. See 19 CFR
351.221(c)(3)(ii). Thus, the Department is not issuing the preliminary
results of its antidumping duty changed circumstances review at this
time. See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Pasta From Turkey, 74 FR 681 (January 7,
2009).
The Department will issue questionnaires requesting additional
information for the review and will publish in the Federal Register a
notice of the preliminary results of the antidumping duty changed
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4),
and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and
legal conclusions upon which our preliminary results are based and a
description of any action proposed. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results of review. In accordance with 19 CFR
351.216(e), the Department will issue the final results of its
antidumping duty changed circumstances review not later than 270 days
after the date on which the review is initiated.
During the course of this antidumping duty changed circumstances
review, we will not change the cash deposit requirements for the
merchandise subject to review. The cash deposit will only be altered,
if warranted, pursuant to the final results of this review.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216.
Dated: April 21, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-9998 Filed 4-29-09; 8:45 am]
BILLING CODE 3510-DS-S