First Administrative Review of Certain Activated Carbon from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 57995-57999 [E9-27083]

Download as PDF Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES of the antidumping duty order on CTL plate from the PRC and termination of the Agreements on CTL plate from Russia and Ukraine would likely lead to a continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail, should the order and the Agreements be revoked or terminated, respectively. See Certain Cut–To-Length Carbon Steel Plate From the People’s Republic of China: Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 73 FR 74143 (December 5, 2008), Certain Cut–to-Length Carbon Steel Plate from Russia; Final Results of Expedited Sunset Review of the Suspension Agreement, 73 FR 74461 (December 8, 2008), and Certain Cut–to-Length Carbon Steel Plate from Ukraine; Final Results of Full Sunset Review of the Suspension Agreement, 74 FR 11910 (March 20, 2009). On October 13, 2009, pursuant to section 751(c) of the Act, the ITC determined that revocation of the antidumping duty order on CTL plate from the PRC and termination of the Agreements on CTL plate from Russia and Ukraine would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Cut–to-Length Carbon Steel Plate From China, Russia, and Ukraine, 74 FR 56666 (November 2, 2009). Therefore, pursuant to section 351.218(f)(4) of the Department’s regulations, the Department is publishing this notice of the continuation of the antidumping duty order on CTL plate from the PRC and continuation of the Agreements on CTL plate from Russia and Ukraine. Scope The products covered under the antidumping duty order and the Agreements are hot–rolled iron and non–alloy steel universal mill plates (i.e., flat–rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm and of a thickness of not less than 4 mm, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non–alloy steel flat– rolled products not in coils, of rectangular shape, hot–rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150 mm and measures at least VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 twice the thickness. Included as subject merchandise in this order and these Agreements are flat–rolled products of nonrectangular cross- section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’)--for example, products which have been bevelled or rounded at the edges. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000. Excluded from the subject merchandise within the scope of this order and these Agreements is grade X– 70 plate. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order and the Agreements is dispositive. Continuation As a result of the respective determinations by the Department and the ITC that revocation of the antidumping duty order on CTL plate from the PRC and termination of the Agreements on CTL plate from Russia and Ukraine would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby gives notice of the continuation of the antidumping duty order on CTL plate from the PRC and the continuation of the Agreements on CTL plate from Russia and Ukraine. The effective dates of continuation will be the date of publication in the Federal Register of this Continuation Notice. Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year sunset reviews of the antidumping duty order on CTL plate from the PRC and the Agreements on CTL plate from Russia and Ukraine not later than October 2014. These five-year (sunset) reviews and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: November 4, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–27085 Filed 11–9–09; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 57995 DEPARTMENT OF COMMERCE International Trade Administration [A–570–904] First Administrative Review of Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2009, the Department of Commerce (the ‘‘Department’’) published in the Federal Register the preliminary results of the first administrative review of the antidumping duty order on certain activated carbon from the People’s Republic of China (‘‘PRC’’). See Certain Activated Carbon From the People’s Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review and Extension of Time Limits for the Final Results, 74 FR 21317 (May 7, 2009) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We continue to find that certain exporters have sold subject merchandise at less than normal value during the period of review (‘‘POR’’), October 11, 2006, through March 31, 2008. EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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) 482–9068. SUPPLEMENTARY INFORMATION: Background On June 4, 2008, the Department initiated this review with respect to 90 companies upon which an administrative review was requested. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 73 FR 31813 (June 4, 2008) (‘‘Initiation Notice’’). Subsequently, pursuant to section 351.213(d)(1) of the Department’s regulations, the Department rescinded the administrative review with respect to 57 companies, based upon Petitioners’1 1 Norit Americas Inc. and Calgon Carbon Corporation . E:\FR\FM\10NON1.SGM 10NON1 57996 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices timely withdrawal of review requests. See Certain Activated Carbon From the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 73 FR 42550 (July 22, 2008). On October 1, 2008, the Department rescinded the administrative review with respect to an additional 19 companies, based on Petitioners’ timely withdrawal of review requests. See Certain Activated Carbon from the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 73 FR 57058 (October 1, 2008). Thus, 14 companies remain subject to this review. As noted above, on May 7, 2009, the Department published the Preliminary Results of this administrative review where we also extended the deadline for the final results by 60 days after publication of the Preliminary Results. See Preliminary Results. On July 20, 2009, Jacobi Carbons AB (‘‘Jacobi’’),2 Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (‘‘Cherishmet’’),3 and Calgon Carbon (Tianjin) Co., Ltd. (‘‘CCT’’) submitted additional surrogate value information. On July 30, 2009, Petitioners submitted rebuttal surrogate value information. On September 3, 2009, we set the deadline for interested parties to submit case briefs and rebuttal briefs to September 14, 2009, and September 21, 2009, respectively. On September 15, 2009, we extended the deadline for parties to submit rebuttal briefs to September 23, 2009. On September 14, 2009, the Petitioners, Jacobi, CCT, Cherishmet, Sorbent Technologies Corporation (‘‘Sorbent’’)4 and certain SR Respondents5 filed case briefs. On September 23, 2009, the Petitioners, Jacobi, CCT, and Cherishmet filed rebuttal briefs. The Department did not hold a public hearing pursuant to 19 CFR 351.310(d), as all hearing requests made by interested parties were withdrawn. Verification srobinson on DSKHWCL6B1PROD with NOTICES Pursuant to section 351.307(b)(iv) of the Department’s regulations, we 2 Consisting of Jacobi Carbons AB and its affiliates, Tianjin Jacobi International Trading Co., Ltd. and Jacobi Carbons, Inc. 3 Consisting of Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (‘‘GHC’’), Beijing Pacific Activated Carbon Products Co., Ltd. (‘‘Beijing Pacific’’), and Cherishmet Inc. 4 Currently known as ‘‘Albemarle Sorbent Technologies Corp.,’’ an interested party in this case. 5 These respondents are Ningxia Lingzhou Foreign Trade Company (‘‘Lingzhou’’), Ningxia Huahui Activated Carbon Co, Ltd; (‘‘Huahui ’’) and Tangshan Solid Carbon Co., Ltd. (‘‘Tangshan’’) VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 conducted multiple verifications of respondents’ questionnaire responses.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to these reviews are addressed in the ‘‘Administrative Review of Certain Activated Carbon from the People’s Republic of China: Issues and Decision Memorandum for the Final Results,’’ which is dated concurrently with this notice (‘‘Decision Memo’’). A list of the issues which parties raised and to which we respond in the Decision Memo is attached to this notice as an Appendix. The Decision Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 1117, and is accessible on the Department’s website at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record as well as comments received from parties regarding our Preliminary Results, we have made revisions to certain surrogate values and the margin calculations for CCT, Jacobi, and Cherishmet in the final results. Specifically, we have updated the surrogate values for several inputs. 6 See ‘‘Memorandum to the File through Catherine Bertrand, Program Manager, Office 9, from Julia Hancock, Senior Case Analyst, Office 9, and Robert Palmer, Analyst, Office 9, re: Verification of the Sales Response of Jacobi Carbons AB, Tianjin Jacobi International Trading Co., Ltd., and Jacobi Carbons, Inc. in the First Antidumping Duty Administrative Review of Certain Activated Carbon from the People’s Republic of China (‘‘PRC’’),’’ dated September 2, 2009. On August 3 and 4, 2009, we conducted a verification of NXHH. See ‘‘Memorandum to the File through Catherine Bertrand, Program Manager, Office 9 from Julia Hancock, Senior Case Analyst, Office 9, re: Verification of the Sales and Factors Response of Jacobi’s Supplier, Ningxia Huahui Activated Carbon Co., Ltd. (‘‘NXHH’’), in the 1st Administrative Review of Certain Activated Carbon from the People’s Republic of China (‘‘PRC’’),’’ dated August 31, 2009. On August 5 and 6, 2009, we conducted a verification of NXGH FOP data. See ‘‘Memorandum to the File through Catherine Bertrand, Program Manager, Office 9 from Julia Hancock, Senior Case Analyst, Office 9, re: Verification of the Sales and Factors Response of Jacobi’s Supplier, Ningxia Guanghua Activated Carbon Co., Ltd. (‘‘NXGH’’), in the 1st Administrative Review of Certain Activated Carbon from the People’s Republic of China (‘‘PRC’’),’’ dated September 2, 2009. Finally, between August 7 and 11, 2009, we conducted a verification of GHC’s sales and FOP data. See ‘‘Memorandum to the File through Catherine Bertrand, Program Manager, Office 9 from Julia Hancock, Senior Case Analyst, Office 9, Irene Gorelik, Senior Case Analyst, Office 9, and Robert Palmer, Analyst, Office 9, re: Verification of the Sales and Factors Response of Ningxia Guanghua Cherishmet Activated Carbon Company, Ltd. in the First Antidumping Duty Administrative Review of Certain Activated Carbon from the People’s Republic of China (‘‘PRC’’),’’ dated August 31, 2009. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 See Decision Memo at Comments 2d, 3b, 3c, 3d, 3g, and 3h. We have also corrected various ministerial errors alleged by respondents. See Decision Memo at Comments 6–9, 13–15, and 19– 20. Lastly, we have reapplied certain allocation methodologies for data submitted by respondents. See Decision Memo at Comments 11–12. For all changes to the calculations, see Decision Memo and the company specific analysis memoranda. 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 E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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. Separate Rates In our Preliminary Results, we determined that the following companies met the criteria for separate rate status: Ningxia Huahui Activated Carbon Co., Ltd.; Ningxia Lingzhou Foreign Trade Co., Ltd.; Tangshan Solid Carbon Co., Ltd.; Tianjin Maijin Industries Co., Ltd.; Datong Municipal Yunguang Activated Carbon Co., Ltd.; and Hebei Foreign Trade Advertisement Company (and its successor company, Hebei Shenglun Import and Export Group Company) (‘‘Hebei Foreign’’). Additionally, in the Preliminary Results, we also noted that, the Department received completed responses to the Section A portion of the NME questionnaire from the individually reviewed respondents (CCT, Jacobi, and GHC), which contained information pertaining to the companies’ eligibility for a separate rate. With respect to CCT and Jacobi, we preliminarily determined that there is no PRC ownership of either company, VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 and because the Department has no evidence indicating that either company is under the control of the PRC, a separate rates analysis is not necessary to determine whether they are independent from government control. With respect to GHC, we preliminarily granted separate rate status to it based on the submitted information. We also preliminarily determined that one of the exporters under review not selected for individual examination, Tangshan Solid Carbon Co., Ltd., reported that it is 100 percent foreign owned. Accordingly, the Department also preliminarily granted separate rate status to Tangshan Solid Carbon Co. Ltd. See Preliminary Results at 21323–4. With the exception of Hebei Foreign, we have not received any information since the issuance of the Preliminary Results that provides a basis for the reconsideration of these preliminary determinations. Therefore, the Department continues to find that CCT, Jacobi, GHC, Tangshan Solid Carbon Co. Ltd., Datong Municipal Yunguang Activated Carbon Co., Ltd., Ningxia Huahui Activated Carbon Co., Ltd., Ningxia Lingzhou Foreign Trade Co., Ltd., Tangshan Solid Carbon Co., Ltd., and Tianjin Maijin Industries Co., Ltd. meet the criteria for a separate rate. With respect to Hebei Foreign, the Department is revoking Hebei Foreign’s separate rate for these final results following certain information placed on the record of this review after the Preliminary Results which demonstrate that Hebei Foreign’s separate rate status was based upon incorrect information. For further details, see Decision Memo at Comment 22. Additionally, in the Preliminary Results, we stated that Ningxia Mineral &Chemical Limited, one of the 14 companies with an active review request, did not submit either a separate–rate application or certification. Thus, we preliminarily determined that it did not demonstrate its eligibility for separate rate status, and was included as part of the PRC–wide entity. Because we have not received any information since the issuance of the Preliminary Results that provides a basis for a reconsideration of that finding, we continue to find that Ningxia Mineral & Chemical Limited did not meet the criteria for a separate rate for the final results. Thus, for these final results, Ningxia Mineral & Chemical Limited will remain subject to the PRC–wide entity rate. Lastly, as noted in the Preliminary Results, because Jilin Bright Future Chemicals Company, Ltd. (‘‘Jilin’’) (including affiliate Jilin Province Bright Future Industry and Commerce Co., PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 57997 Ltd.) did not participate in this administrative review, we preliminarily assigned to Jilin total adverse facts available (‘‘AFA’’). See Preliminary Results, 74 FR at 21321–2. We further stated that, as a result of Jilin’s termination of participation from the instant proceeding, we did not grant Jilin a separate rate and consider Jilin part of the PRC–wide entity. See id. Because we have not received any information since the Preliminary Results that provides a basis for a reconsideration of that finding, we continue to find that Jilin is not eligible for a separate rate for these final results and remains subject to the PRC–wide entity rate. Facts Available Section 776(a)(2) of the Act provides that if an interested party: (A) withholds information that has been requested by the Department; (B) fails to provide such information in a timely manner or in the form or manner requested, subject to subsections 782(c)(1) and (e) of the Act; (C) significantly impedes a determination under the antidumping statute; or (D) provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination. Furthermore, section 776(b) of the Act provides that, if the Department finds that an interested party ‘‘has failed to cooperate by not acting to the best of its ability to comply with a request for information,’’ the Department may use information that is adverse to the interests of that party as facts otherwise available. Adverse inferences are appropriate ‘‘to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.’’ See Statement of Administrative Action (‘‘SAA’’) accompanying the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An adverse inference may include reliance on information derived from the petition, the final determination in the investigation, any previous review, or any other information placed on the record. See section 776(b) of the Act. As noted in the Preliminary Results, the Department selected Jilin for individual examination in this review. However, Jilin did not respond to any of the Department’s requests for information.7 Because Jilin did not respond to the Department’s requests for information and failed to demonstrate that it qualifies for separate rate status, 7 See E:\FR\FM\10NON1.SGM Preliminary Results, 74 FR at 21321. 10NON1 57998 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices we have determined Jilin to be a part of the PRC–wide entity.8 Consequently, because the PRC–wide entity, including Jilin, withheld requested information, failed to provide information in a timely manner and in the form requested, and significantly impeded this proceeding, we continue to find that the PRC–wide entity, including Jilin, failed to cooperate to the best of its ability, and, accordingly, apply AFA to calculate a margin for the PRC–wide entity. The Department’s determination is in accordance with sections 776(a)(2)(A), (B), (C) and 776(b) of the Act.9 In the Initiation Notice, we required that all companies listed therein wishing to qualify for separate rate status in this administrative review to submit, as appropriate, either a separate rate application or certification.10 As noted above, the Department initiated this administrative review with respect to 90 companies, and rescinded the review on 76 of those 90 companies. Thus, including CCT, Jacobi, and GHC, 14 companies remain subject to this review. We note that one of the 14 companies, Ningxia Mineral & Chemical Limited, did not demonstrate its eligibility for separate rate status in this administrative review. In the Preliminary Results, the Department determined that those companies which did not demonstrate eligibility for a separate rate are properly considered part of the PRC–Wide entity.11 Since the Preliminary Results, neither Ningxia Mineral & Chemical Limited nor Jilin submitted comments regarding these findings. Therefore, we continue to treat these entities as part of the PRC–Wide entity. Further, as stated above, since the Preliminary Results, the Department placed information on the record which shows evidence that Hebei Foreign’s separate rate status was based on incorrect information, resulting in the revocation of Hebei Foreign’s separate rate. Hebei Foreign has not submitted any information to contradict the evidence on the record. Thus, we have srobinson on DSKHWCL6B1PROD with NOTICES 8 Id. 9 See, e.g., Non–Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 71 FR 69546 (December 1, 2006) and accompanying Issues and Decision Memorandum at Comment 1. See also Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of the First Administrative Review and New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to apply total AFA to the NME–wide entity) unchanged in Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the First Antidumping Duty Administrative Review and First New Shipper Review, 72 FR 52052 (September 12, 2007) (‘‘Vietnam Shrimp AR1’’). 10 See Initiation Notice. 11 See Preliminary Results. VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 assigned Hebei Foreign the PRC–wide entity rate of 228.11 percent.Affiliation – GHC In the Preliminary Results, we found Beijing Pacific, Cherishmet, GH and GHC to be a single entity for purposes of this administrative review. See Preliminary Results at 21319–21320; see 19 CFR 351.401(f). Because we have not received any information on the record that contradicts our preliminary finding, we shall continue to find Beijing Pacific, Cherishmet, GH and GHC to be a single entity for these final results. Final Results Of Review The weighted–average dumping margins for the POR are as follows: CERTAIN ACTIVATED CARBON FROM THE PEOPLE’S REPUBLIC OF CHINA Manufacturer/Exporter Weighted Average Margin (Percent) Calgon Carbon (Tianjin) Co., Ltd. .................... Jacobi Carbons AB1 ..... Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.2 ...... Datong Municipal Yunguang Activated Carbon Co., Ltd. ....... Ningxia Huahui Activated Carbon Co., Ltd. ............................ Ningxia Lingzhou Foreign Trade Co., Ltd. .. Tangshan Solid Carbon Co., Ltd. .................... Tianjin Maijin Industries Co., Ltd. .................... PRC–Wide Rate3 .......... 14.58 % 18.22 % 18.40 % 16.40 % 16.40 % 16.40 % 16.40 % 16.40 % 228.11 % 1 And its affiliates, Tianjin Jacobi International Trading Co., Ltd. and Jacobi Carbons, Inc. 2 Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. and the following companies have been determined to be a single entity: Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua Activated Carbon Company, and Company A. Thus, the calculated margin applies to the single entity. 3 The PRC–Wide entity includes Hebei Foreign Trade Advertisement Company, Ningxia Mineral & Chemical Limited, Jilin Bright Future Chemicals Company, Ltd. and its affiliate, Jilin Province Bright Future Industry and Commerce Co., Ltd. Assessment Upon issuance of these final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by these reviews. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review excluding any reported sales that entered during the gap period. In accordance with 19 CFR 351.212(b)(1), we calculated PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 exporter/importer (or customer)-specific assessment rates for the merchandise subject to this review. Where the respondent has reported reliable entered values, we calculated importer (or customer)-specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer). See 19 CFR 351.212(b)(1). Where an importer (or customer)-specific ad valorem rate is greater than de minimis, we will apply the assessment rate to the entered value of the importers’/ customers’ entries during the POR. See 19 CFR 351.212(b)(1). Where we do not have entered values for all U.S. sales, we calculated a per– unit assessment rate by aggregating the antidumping duties due for all U.S. sales to each importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer). See 19 CFR 351.212(b)(1). To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-specific ad valorem ratios based on the estimated entered value. Where an importer (or customer)specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties. See 19 CFR 351.106(c)(2).For the companies receiving a separate rate that were not selected for individual review, we will calculate an assessment rate based on the simple average of the cash deposit rates calculated for the companies selected for individual review pursuant to section 735(c)(5)(B) of the Act. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash deposit rate will be established in the final results of this review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, no cash deposit will be required for that company); (2) for previously investigated or reviewed PRC and non–PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC–wide rate of 228.11 percent; and (4) for all non–PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non– PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. srobinson on DSKHWCL6B1PROD with NOTICES Appendix I – Decision Memorandum General Issues Comment 1:Treatment of Sales with Negative Margins Comment 2:Surrogate Financial Ratios a.Miscalculated Expenses b.Use of Indo German Carbons’ Financial Statements c.Use of Core Carbons’ Financial Statements d. Use of Quantum Active Carbons’ Financial Statements Comment 3:Surrogate Values a.Wage Rate Methodology b.Time Period Used for Surrogate Values c.Bituminous Coal d.Hydrochloric Acid e.Carbonized Materials f.Coal Tar g.Energy and Steam 16:45 Nov 09, 2009 Jkt 220001 Company–Specific Issues CCT Comment 4: Application of Total Adverse Facts Available Comment 5: Corrections to Submitted Data a.Treatment of the Universe of Factor Data for Normal Value b.Treatment of U.S. Indirect Selling Expenses c.Treatment of Factor Data for Labor, Electricity, and Water d. Treatment of Freight for Tolling Operations Comment 6: Freight Expense Calculation Comment 7: Surrogate Margin for Further Manufactured Sales Comment 8: Importer–Specific Assessment Rate Comment 9: Ministerial Error for Units of Measure Conversions a.PE Film b.Plastic Strap/Packing String c.Plastic Rope Jacobi Comment 10: Application of Adverse Facts Available a.Application of Total AFA for Jacobi and NXHH b.Application of Total AFA for Jacobi and NXGH c.Application of Partial Adverse Facts Available for Jacobi and NXHH d. Application of Partial Adverse Facts Available for Jacobi and NXGH Comment 11: Facts Available for Jacobi and DTHB Comment 12: Yield Loss Reporting by Jacobi and DTHB and DTFW Comment 13: Ministerial Error for Domestic Brokerage and Handling Comment 14: Ministerial Error for Quantity Variable Used Comment 15: Ministerial Error for Units of Measure Conversions Cherishmet Dated: November 3, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. VerDate Nov<24>2008 Coal h.Surrogate Value Applied to Activated Carbon i.HTS Numbers Used for Starch, Paint Thinner, and Ink Surrogate Values Comment 16:Application of Total Adverse Facts Available Comment 17: Application of Partial Adverse Facts Available a.Cherishmet and GHC b.Activated Carbon and Potassium c. Acid Washing Yield Loss Comment 18: Columnar Coal Comment 19:Ministerial Error for Units of Measure Conversion a.Plastic Bags b.Packing Freight Comment 20:Ministerial Error for Domestic Inland Freight Calculation Comment 21: Qualification for a Separate Rate Hebei Foreign Comment 22: Separate Rate Status [FR Doc. E9–27083 Filed 11–9–09; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 57999 DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off–the-Road Tires from the People’s Republic of China: 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 new pneumatic off–the-road tires from the People’s Republic of China (‘‘PRC’’). Specifically, based upon a request filed by Mai Shandong Radial Tyre Co., Ltd. (‘‘Mai Shandong’’), the Department is initiating a changed circumstances review to determine whether Mai Shandong is the successor–in-interest to Shandong Jinyu Tyre Co., Ltd. (‘‘Shandong Jinyu’’), a separate–rate respondent in the original investigation. EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Raquel Silva, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–6475. SUPPLEMENTARY INFORMATION: Background On September 4, 2008, the Department published in the Federal Register an antidumping duty order on certain new pneumatic off–the-road tires from the PRC. See Certain New Pneumatic Off–the-Road Tires from the People’s Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008). As part of that order, Shandong Jinyu received the separate–rate respondent amended rate of 12.91 percent. Id. at 51627. On September 14, 2009, Mai Shandong filed a submission requesting that the Department conduct a changed circumstances review of the antidumping duty order on certain new pneumatic off–the-road tires from the PRC to confirm that it is the successor– in-interest to Shandong Jinyu.1 In its 1 See Letter from Mai Shandong to the Department regarding Certain New Pneumatic OffThe-Road Tires from the People’s Republic of China, Request for Changed Circumstances Review (Case No. A-570-912) (September 14, 2009). E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 57995-57999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27083]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


First Administrative Review of Certain Activated Carbon from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 7, 2009, the Department of Commerce (the 
``Department'') published in the Federal Register the preliminary 
results of the first administrative review of the antidumping duty 
order on certain activated carbon from the People's Republic of China 
(``PRC''). See Certain Activated Carbon From the People's Republic of 
China: Notice of Preliminary Results of the Antidumping Duty 
Administrative Review and Extension of Time Limits for the Final 
Results, 74 FR 21317 (May 7, 2009) (``Preliminary Results''). We gave 
interested parties an opportunity to comment on the Preliminary 
Results. Based upon our analysis of the comments and information 
received, we made changes to the margin calculations for the final 
results. We continue to find that certain exporters have sold subject 
merchandise at less than normal value during the period of review 
(``POR''), October 11, 2006, through March 31, 2008.

EFFECTIVE DATE: November 10, 2009.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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) 482-9068.

SUPPLEMENTARY INFORMATION:

Background

    On June 4, 2008, the Department initiated this review with respect 
to 90 companies upon which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocation in Part, 73 FR 31813 (June 4, 2008) 
(``Initiation Notice''). Subsequently, pursuant to section 
351.213(d)(1) of the Department's regulations, the Department rescinded 
the administrative review with respect to 57 companies, based upon 
Petitioners'\1\

[[Page 57996]]

timely withdrawal of review requests. See Certain Activated Carbon From 
the People's Republic of China: Notice of Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 42550 (July 22, 2008). On 
October 1, 2008, the Department rescinded the administrative review 
with respect to an additional 19 companies, based on Petitioners' 
timely withdrawal of review requests. See Certain Activated Carbon from 
the People's Republic of China: Notice of Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 57058 (October 1, 2008). 
Thus, 14 companies remain subject to this review.
    As noted above, on May 7, 2009, the Department published the 
Preliminary Results of this administrative review where we also 
extended the deadline for the final results by 60 days after 
publication of the Preliminary Results. See Preliminary Results. On 
July 20, 2009, Jacobi Carbons AB (``Jacobi''),\2\ Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd. (``Cherishmet''),\3\ and Calgon 
Carbon (Tianjin) Co., Ltd. (``CCT'') submitted additional surrogate 
value information. On July 30, 2009, Petitioners submitted rebuttal 
surrogate value information.
    On September 3, 2009, we set the deadline for interested parties to 
submit case briefs and rebuttal briefs to September 14, 2009, and 
September 21, 2009, respectively. On September 15, 2009, we extended 
the deadline for parties to submit rebuttal briefs to September 23, 
2009. On September 14, 2009, the Petitioners, Jacobi, CCT, Cherishmet, 
Sorbent Technologies Corporation (``Sorbent'')\4\ and certain SR 
Respondents\5\ filed case briefs. On September 23, 2009, the 
Petitioners, Jacobi, CCT, and Cherishmet filed rebuttal briefs. The 
Department did not hold a public hearing pursuant to 19 CFR 351.310(d), 
as all hearing requests made by interested parties were withdrawn.

Verification

    Pursuant to section 351.307(b)(iv) of the Department's regulations, 
we conducted multiple verifications of respondents' questionnaire 
responses.\6\

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``Administrative Review of Certain 
Activated Carbon from the People's Republic of China: Issues and 
Decision Memorandum for the Final Results,'' which is dated 
concurrently with this notice (``Decision Memo''). A list of the issues 
which parties raised and to which we respond in the Decision Memo is 
attached to this notice as an Appendix. The Decision Memo is a public 
document and is on file in the Central Records Unit (``CRU''), Main 
Commerce Building, Room 1117, and is accessible on the Department's 
website at http://www.trade.gov/ia. The paper copy and electronic 
version of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
certain surrogate values and the margin calculations for CCT, Jacobi, 
and Cherishmet in the final results. Specifically, we have updated the 
surrogate values for several inputs. See Decision Memo at Comments 2d, 
3b, 3c, 3d, 3g, and 3h. We have also corrected various ministerial 
errors alleged by respondents. See Decision Memo at Comments 6-9, 13-
15, and 19-20. Lastly, we have reapplied certain allocation 
methodologies for data submitted by respondents. See Decision Memo at 
Comments 11-12. For all changes to the calculations, see Decision Memo 
and the company specific analysis memoranda.

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

[[Page 57997]]

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.

Separate Rates

    In our Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: Ningxia Huahui 
Activated Carbon Co., Ltd.; Ningxia Lingzhou Foreign Trade Co., Ltd.; 
Tangshan Solid Carbon Co., Ltd.; Tianjin Maijin Industries Co., Ltd.; 
Datong Municipal Yunguang Activated Carbon Co., Ltd.; and Hebei Foreign 
Trade Advertisement Company (and its successor company, Hebei Shenglun 
Import and Export Group Company) (``Hebei Foreign'').
    Additionally, in the Preliminary Results, we also noted that, the 
Department received completed responses to the Section A portion of the 
NME questionnaire from the individually reviewed respondents (CCT, 
Jacobi, and GHC), which contained information pertaining to the 
companies' eligibility for a separate rate. With respect to CCT and 
Jacobi, we preliminarily determined that there is no PRC ownership of 
either company, and because the Department has no evidence indicating 
that either company is under the control of the PRC, a separate rates 
analysis is not necessary to determine whether they are independent 
from government control. With respect to GHC, we preliminarily granted 
separate rate status to it based on the submitted information. We also 
preliminarily determined that one of the exporters under review not 
selected for individual examination, Tangshan Solid Carbon Co., Ltd., 
reported that it is 100 percent foreign owned. Accordingly, the 
Department also preliminarily granted separate rate status to Tangshan 
Solid Carbon Co. Ltd. See Preliminary Results at 21323-4.
    With the exception of Hebei Foreign, we have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for the reconsideration of these preliminary determinations. 
Therefore, the Department continues to find that CCT, Jacobi, GHC, 
Tangshan Solid Carbon Co. Ltd., Datong Municipal Yunguang Activated 
Carbon Co., Ltd., Ningxia Huahui Activated Carbon Co., Ltd., Ningxia 
Lingzhou Foreign Trade Co., Ltd., Tangshan Solid Carbon Co., Ltd., and 
Tianjin Maijin Industries Co., Ltd. meet the criteria for a separate 
rate.
    With respect to Hebei Foreign, the Department is revoking Hebei 
Foreign's separate rate for these final results following certain 
information placed on the record of this review after the Preliminary 
Results which demonstrate that Hebei Foreign's separate rate status was 
based upon incorrect information. For further details, see Decision 
Memo at Comment 22.
    Additionally, in the Preliminary Results, we stated that Ningxia 
Mineral &Chemical Limited, one of the 14 companies with an active 
review request, did not submit either a separate-rate application or 
certification. Thus, we preliminarily determined that it did not 
demonstrate its eligibility for separate rate status, and was included 
as part of the PRC-wide entity. Because we have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for a reconsideration of that finding, we continue to find that 
Ningxia Mineral & Chemical Limited did not meet the criteria for a 
separate rate for the final results. Thus, for these final results, 
Ningxia Mineral & Chemical Limited will remain subject to the PRC-wide 
entity rate.
    Lastly, as noted in the Preliminary Results, because Jilin Bright 
Future Chemicals Company, Ltd. (``Jilin'') (including affiliate Jilin 
Province Bright Future Industry and Commerce Co., Ltd.) did not 
participate in this administrative review, we preliminarily assigned to 
Jilin total adverse facts available (``AFA''). See Preliminary Results, 
74 FR at 21321-2. We further stated that, as a result of Jilin's 
termination of participation from the instant proceeding, we did not 
grant Jilin a separate rate and consider Jilin part of the PRC-wide 
entity. See id. Because we have not received any information since the 
Preliminary Results that provides a basis for a reconsideration of that 
finding, we continue to find that Jilin is not eligible for a separate 
rate for these final results and remains subject to the PRC-wide entity 
rate.

Facts Available

    Section 776(a)(2) of the Act provides that if an interested party: 
(A) withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to subsections 782(c)(1) and (e) of the 
Act; (C) significantly impedes a determination under the antidumping 
statute; or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Furthermore, section 776(b) of the Act provides that, if the 
Department finds that an interested party ``has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information,'' the Department may use information that is adverse to 
the interests of that party as facts otherwise available. Adverse 
inferences are appropriate ``to ensure that the party does not obtain a 
more favorable result by failing to cooperate than if it had cooperated 
fully.'' See Statement of Administrative Action (``SAA'') accompanying 
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An 
adverse inference may include reliance on information derived from the 
petition, the final determination in the investigation, any previous 
review, or any other information placed on the record. See section 
776(b) of the Act.
    As noted in the Preliminary Results, the Department selected Jilin 
for individual examination in this review. However, Jilin did not 
respond to any of the Department's requests for information.\7\ Because 
Jilin did not respond to the Department's requests for information and 
failed to demonstrate that it qualifies for separate rate status,

[[Page 57998]]

we have determined Jilin to be a part of the PRC-wide entity.\8\ 
Consequently, because the PRC-wide entity, including Jilin, withheld 
requested information, failed to provide information in a timely manner 
and in the form requested, and significantly impeded this proceeding, 
we continue to find that the PRC-wide entity, including Jilin, failed 
to cooperate to the best of its ability, and, accordingly, apply AFA to 
calculate a margin for the PRC-wide entity. The Department's 
determination is in accordance with sections 776(a)(2)(A), (B), (C) and 
776(b) of the Act.\9\
    In the Initiation Notice, we required that all companies listed 
therein wishing to qualify for separate rate status in this 
administrative review to submit, as appropriate, either a separate rate 
application or certification.\10\ As noted above, the Department 
initiated this administrative review with respect to 90 companies, and 
rescinded the review on 76 of those 90 companies. Thus, including CCT, 
Jacobi, and GHC, 14 companies remain subject to this review. We note 
that one of the 14 companies, Ningxia Mineral & Chemical Limited, did 
not demonstrate its eligibility for separate rate status in this 
administrative review. In the Preliminary Results, the Department 
determined that those companies which did not demonstrate eligibility 
for a separate rate are properly considered part of the PRC-Wide 
entity.\11\ Since the Preliminary Results, neither Ningxia Mineral & 
Chemical Limited nor Jilin submitted comments regarding these findings. 
Therefore, we continue to treat these entities as part of the PRC-Wide 
entity. Further, as stated above, since the Preliminary Results, the 
Department placed information on the record which shows evidence that 
Hebei Foreign's separate rate status was based on incorrect 
information, resulting in the revocation of Hebei Foreign's separate 
rate. Hebei Foreign has not submitted any information to contradict the 
evidence on the record. Thus, we have assigned Hebei Foreign the PRC-
wide entity rate of 228.11 percent.Affiliation - GHC
    In the Preliminary Results, we found Beijing Pacific, Cherishmet, 
GH and GHC to be a single entity for purposes of this administrative 
review. See Preliminary Results at 21319-21320; see 19 CFR 351.401(f). 
Because we have not received any information on the record that 
contradicts our preliminary finding, we shall continue to find Beijing 
Pacific, Cherishmet, GH and GHC to be a single entity for these final 
results.

Final Results Of Review

    The weighted-average dumping margins for the POR are as follows:

      Certain Activated Carbon from the People's Republic of China
------------------------------------------------------------------------
                                                       Weighted Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Calgon Carbon (Tianjin) Co., Ltd....................             14.58 %
Jacobi Carbons AB\1\................................             18.22 %
Ningxia Guanghua Cherishmet Activated Carbon Co.,                18.40 %
 Ltd.\2\............................................
Datong Municipal Yunguang Activated Carbon Co., Ltd.             16.40 %
Ningxia Huahui Activated Carbon Co., Ltd............             16.40 %
Ningxia Lingzhou Foreign Trade Co., Ltd.............             16.40 %
Tangshan Solid Carbon Co., Ltd......................             16.40 %
Tianjin Maijin Industries Co., Ltd..................             16.40 %
PRC-Wide Rate\3\....................................            228.11 %
------------------------------------------------------------------------
\1\ And its affiliates, Tianjin Jacobi International Trading Co., Ltd.
  and Jacobi Carbons, Inc.
\2\ Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. and the
  following companies have been determined to be a single entity:
  Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua
  Activated Carbon Company, and Company A. Thus, the calculated margin
  applies to the single entity.
\3\ The PRC-Wide entity includes Hebei Foreign Trade Advertisement
  Company, Ningxia Mineral & Chemical Limited, Jilin Bright Future
  Chemicals Company, Ltd. and its affiliate, Jilin Province Bright
  Future Industry and Commerce Co., Ltd.

Assessment

    Upon issuance of these final results, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by these reviews. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review excluding any reported sales that 
entered during the gap period. In accordance with 19 CFR 351.212(b)(1), 
we calculated exporter/importer (or customer)-specific assessment rates 
for the merchandise subject to this review. Where the respondent has 
reported reliable entered values, we calculated importer (or customer)-
specific ad valorem rates by aggregating the dumping margins calculated 
for all U.S. sales to each importer (or customer) and dividing this 
amount by the total entered value of the sales to each importer (or 
customer). See 19 CFR 351.212(b)(1). Where an importer (or customer)-
specific ad valorem rate is greater than de minimis, we will apply the 
assessment rate to the entered value of the importers'/customers' 
entries during the POR. See 19 CFR 351.212(b)(1).
    Where we do not have entered values for all U.S. sales, we 
calculated a per-unit assessment rate by aggregating the antidumping 
duties due for all U.S. sales to each importer (or customer) and 
dividing this amount by the total quantity sold to that importer (or 
customer). See 19 CFR 351.212(b)(1). To determine whether the duty 
assessment rates are de minimis, in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-
specific ad valorem ratios based on the estimated entered value. Where 
an importer (or customer)-specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties. See 19 CFR 351.106(c)(2).For the 
companies receiving a separate rate that were not selected for 
individual review, we will calculate an assessment rate based on the 
simple average of the cash deposit rates calculated for the companies 
selected for individual review pursuant to section 735(c)(5)(B) of the 
Act.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for the exporters 
listed above, the cash deposit rate will be established in the final 
results of this review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, no cash deposit will be required for that 
company); (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all PRC exporters of subject merchandise 
which

[[Page 57999]]

have not been found to be entitled to a separate rate, the cash deposit 
rate will be the PRC-wide rate of 228.11 percent; and (4) for all non-
PRC exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporters that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: November 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I - Decision Memorandum

General Issues

    Comment 1:Treatment of Sales with Negative Margins
    Comment 2:Surrogate Financial Ratios a.Miscalculated Expenses b.Use 
of Indo German Carbons' Financial Statements c.Use of Core Carbons' 
Financial Statements d. Use of Quantum Active Carbons' Financial 
Statements
    Comment 3:Surrogate Values a.Wage Rate Methodology b.Time Period 
Used for Surrogate Values c.Bituminous Coal d.Hydrochloric Acid 
e.Carbonized Materials f.Coal Tar g.Energy and Steam Coal h.Surrogate 
Value Applied to Activated Carbon i.HTS Numbers Used for Starch, Paint 
Thinner, and Ink Surrogate Values

Company-Specific Issues

CCT

    Comment 4: Application of Total Adverse Facts Available
    Comment 5: Corrections to Submitted Data a.Treatment of the 
Universe of Factor Data for Normal Value b.Treatment of U.S. Indirect 
Selling Expenses c.Treatment of Factor Data for Labor, Electricity, and 
Water d. Treatment of Freight for Tolling Operations
    Comment 6: Freight Expense Calculation
    Comment 7: Surrogate Margin for Further Manufactured Sales
    Comment 8: Importer-Specific Assessment Rate
    Comment 9: Ministerial Error for Units of Measure Conversions a.PE 
Film b.Plastic Strap/Packing String c.Plastic Rope

Jacobi

    Comment 10: Application of Adverse Facts Available a.Application of 
Total AFA for Jacobi and NXHH b.Application of Total AFA for Jacobi and 
NXGH c.Application of Partial Adverse Facts Available for Jacobi and 
NXHH d. Application of Partial Adverse Facts Available for Jacobi and 
NXGH
    Comment 11: Facts Available for Jacobi and DTHB
    Comment 12: Yield Loss Reporting by Jacobi and DTHB and DTFW
    Comment 13: Ministerial Error for Domestic Brokerage and Handling
    Comment 14: Ministerial Error for Quantity Variable Used
    Comment 15: Ministerial Error for Units of Measure Conversions

Cherishmet

    Comment 16:Application of Total Adverse Facts Available
    Comment 17: Application of Partial Adverse Facts Available 
a.Cherishmet and GHC b.Activated Carbon and Potassium c. Acid Washing 
Yield Loss
    Comment 18: Columnar Coal
    Comment 19:Ministerial Error for Units of Measure Conversion 
a.Plastic Bags b.Packing Freight
    Comment 20:Ministerial Error for Domestic Inland Freight 
Calculation
    Comment 21: Qualification for a Separate Rate

Hebei Foreign

    Comment 22: Separate Rate Status
---------------------------------------------------------------------------

    \1\ Norit Americas Inc. and Calgon Carbon Corporation .
    \2\ Consisting of Jacobi Carbons AB and its affiliates, Tianjin 
Jacobi International Trading Co., Ltd. and Jacobi Carbons, Inc.
    \3\ Consisting of Ningxia Guanghua Cherishmet Activated Carbon 
Co., Ltd. (``GHC''), Beijing Pacific Activated Carbon Products Co., 
Ltd. (``Beijing Pacific''), and Cherishmet Inc.
    \4\ Currently known as ``Albemarle Sorbent Technologies Corp.,'' 
an interested party in this case.
    \5\ These respondents are Ningxia Lingzhou Foreign Trade Company 
(``Lingzhou''), Ningxia Huahui Activated Carbon Co, Ltd; (``Huahui 
'') and Tangshan Solid Carbon Co., Ltd. (``Tangshan'')
    \6\ See ``Memorandum to the File through Catherine Bertrand, 
Program Manager, Office 9, from Julia Hancock, Senior Case Analyst, 
Office 9, and Robert Palmer, Analyst, Office 9, re: Verification of 
the Sales Response of Jacobi Carbons AB, Tianjin Jacobi 
International Trading Co., Ltd., and Jacobi Carbons, Inc. in the 
First Antidumping Duty Administrative Review of Certain Activated 
Carbon from the People's Republic of China (``PRC''),'' dated 
September 2, 2009. On August 3 and 4, 2009, we conducted a 
verification of NXHH. See ``Memorandum to the File through Catherine 
Bertrand, Program Manager, Office 9 from Julia Hancock, Senior Case 
Analyst, Office 9, re: Verification of the Sales and Factors 
Response of Jacobi's Supplier, Ningxia Huahui Activated Carbon Co., 
Ltd. (``NXHH''), in the 1st Administrative Review of Certain 
Activated Carbon from the People's Republic of China (``PRC''),'' 
dated August 31, 2009. On August 5 and 6, 2009, we conducted a 
verification of NXGH FOP data. See ``Memorandum to the File through 
Catherine Bertrand, Program Manager, Office 9 from Julia Hancock, 
Senior Case Analyst, Office 9, re: Verification of the Sales and 
Factors Response of Jacobi's Supplier, Ningxia Guanghua Activated 
Carbon Co., Ltd. (``NXGH''), in the 1st Administrative Review of 
Certain Activated Carbon from the People's Republic of China 
(``PRC''),'' dated September 2, 2009. Finally, between August 7 and 
11, 2009, we conducted a verification of GHC's sales and FOP data. 
See ``Memorandum to the File through Catherine Bertrand, Program 
Manager, Office 9 from Julia Hancock, Senior Case Analyst, Office 9, 
Irene Gorelik, Senior Case Analyst, Office 9, and Robert Palmer, 
Analyst, Office 9, re: Verification of the Sales and Factors 
Response of Ningxia Guanghua Cherishmet Activated Carbon Company, 
Ltd. in the First Antidumping Duty Administrative Review of Certain 
Activated Carbon from the People's Republic of China (``PRC''),'' 
dated August 31, 2009.
    \7\ See Preliminary Results, 74 FR at 21321.
    \8\ Id.
    \9\ See, e.g., Non-Malleable Cast Iron Pipe Fittings from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 71 FR 69546 (December 1, 2006) and 
accompanying Issues and Decision Memorandum at Comment 1. See also 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Administrative Review and 
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to 
apply total AFA to the NME-wide entity) unchanged in Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results of the First Antidumping Duty Administrative Review and 
First New Shipper Review, 72 FR 52052 (September 12, 2007) 
(``Vietnam Shrimp AR1'').
    \10\ See Initiation Notice.
    \11\ See Preliminary Results.
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[FR Doc. E9-27083 Filed 11-9-09; 8:45 am]
BILLING CODE 3510-DS-S