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]
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Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices
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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
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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
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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 .
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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
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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’’)
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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 https://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.
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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
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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,
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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.,
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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
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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
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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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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
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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
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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 https://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
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\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
