Certain Activated Carbon From the People's Republic of China: Notice of Rescission of Changed Circumstances Review, 981-982 [E9-31419]
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Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Notices
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: December 31, 2009.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–27 Filed 1–6–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Rescission of Changed Circumstances
Review
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 7, 2010.
SUMMARY: On January 29, 2009, the
Department of Commerce
(‘‘Department’’) published a notice of
initiation and preliminary results of
changed circumstance review (‘‘CCR’’)
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
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intend To Revoke Order in Part, 74 FR
4736 (January 29, 2009) (‘‘Initiation and
Preliminary Results’’). We are now
rescinding this CCR because the
Department, on December 7, 2009,
resolved the underlying issue for the
CCR in a parallel final scope ruling on
the same matter.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 1401 Constitution
Avenue, NW., Washington, DC 20230;
telephone: 202–482–4047.
Background
On November 14, 2008, the
Department received a letter from Rolf
C. Hagen (USA), Corp. (‘‘Hagen’’)
requesting a scope ruling that certain
fish tank filter products imported by
Hagen, that contain no more than 500
grams of activated carbon or a
combination of activated carbon and
zeolite, are outside the scope of the
antidumping order on certain activated
VerDate Nov<24>2008
14:42 Jan 06, 2010
Jkt 220001
carbon from the PRC. See Notice of
Antidumping Duty Order: Certain
Activated Carbon from the People’s
Republic of China, 72 FR 20988 (April
27, 2007) (‘‘Order’’). On November 20,
2008, Calgon Carbon Corporation and
Norit Americas Inc. (collectively,
‘‘Petitioners’’) submitted comments
stating that they agreed with Hagen’s
scope ruling request. On December 15,
2008, the Department received a request
from Hagen for a changed circumstance
review and for the Department to
revoke, in part, the Order pursuant to
sections 751(b)(1) and 782(h)(2) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), with respect to the same products
covered by its scope request. On
December 17, 2008, Petitioners again
submitted comments stating that they
agreed with the specific proposed
exclusion language contained in
Hagen’s December 15, 2008, submission.
The Department published the Initiation
and Preliminary Results on January 29,
2009, and requested public comments
on the proposed exclusion language.
The Department also extended the
deadline for the final results of this
CCR. See Certain Activated Carbon
From the People’s Republic of China:
Extension of Time Limit for the Final
Results of Changed Circumstances
Review, 74 FR 51257 (October 6, 2009).
On December 7, 2009, based on the
Department’s review of Hagen’s scope
request, in light of the scope language in
the Order, the petition, and the ITC
determination, the Department
determined in accordance with 19 CFR
351.225(k)(1) that the commercial fish
tank filter products described in the
Hagen scope request are different from
activated carbon which is covered by
the scope of the Order. Because we
determined the scope language to be
dispositive, the Department found the
fish tank filter products described in
Hagen’s request to be outside the scope
of the Order pursuant to the criteria
within 19 CFR 351.225(k)(1). See
Memorandum for John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, from Jerry Huang,
International Trade Compliance
Analyst, regarding ‘‘Final Scope Ruling:
Antidumping Duty Order on Certain
Activated Carbon from the People’s
Republic of China,’’ dated December 7,
2009 (‘‘Final Scope Ruling’’).
Scope of Changed Circumstances
Review
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
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
981
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 postactivation chemical treatment (chemical
or water washing, chemical
impregnation or other treatment), or
product form. Unless specifically
excluded, the scope of this order covers
all physical forms of certain activated
carbon, including powdered activated
carbon (‘‘PAC’’), granular activated
carbon (‘‘GAC’’), and pelletized
activated carbon.
Excluded from the scope of the order
are chemically activated carbons. The
carbon-based raw material used in the
chemical activation process is treated
with a strong chemical agent, including
but not limited to phosphoric acid, zinc
chloride sulfuric acid or potassium
hydroxide, that dehydrates molecules in
the raw material, and results in the
formation of water that is removed from
the raw material by moderate heat
treatment. The activated carbon created
by chemical activation has internal
porosity developed primarily due to the
action of the chemical dehydration
agent. Chemically activated carbons are
typically used to activate raw materials
with a lignocellulosic component such
as cellulose, including wood, sawdust,
paper mill waste and peat.
To the extent that an imported
activated carbon product is a blend of
steam and chemically activated carbons,
products containing 50 percent or more
steam (or CO2 gas) activated carbons are
within this scope, and those containing
more than 50 percent chemically
activated carbons are outside this scope.
This exclusion language regarding
blended material applies only to
mixtures of steam and chemically
activated carbons.
Also excluded from the scope are
reactivated carbons. Reactivated carbons
are previously used activated carbons
that have had adsorbed materials
removed from their pore structure after
E:\FR\FM\07JAN1.SGM
07JAN1
982
Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Notices
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.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Rescission of Changed Circumstances
Review
The Department initiated this
changed circumstance review based on
the same issue raised by Hagen in its
scope ruling request. As the Department
issued its final scope determination on
December 9, 2009, that certain fish tank
filter products imported by Hagen, that
contain no more than 500 grams of
activated carbon or a combination of
activated carbon and zeolite, are outside
the scope of the antidumping order on
certain activated carbon from the PRC,
the sole issue in this CCR is moot, as it
has been resolved in the parallel scope
proceeding. Accordingly, the
Department is now rescinding this CCR.
Hagen’s request that its products are
outside the scope of the Order and
Petitioners’ comments supporting that
request are fully detailed in the
Department’s scope determination. See
Final Scope Ruling.
This notice serves as a reminder to
parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 may be subject to sanction.
This notice is issued and published in
accordance with sections 751(b)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.216.
VerDate Nov<24>2008
14:42 Jan 06, 2010
Jkt 220001
Dated: December 22, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–31419 Filed 1–6–10; 8:45 am]
Reporting and/or Recordkeeping
burden. OMB invites public comment.
BILLING CODE 3510–DS–P
Dated: January 4, 2010.
Stephanie Valentine,
Acting Director, Information Collection
Clearance Division, Regulatory Information
Management Services, Office of Management.
DEPARTMENT OF EDUCATION
Office of Vocational and Adult
Education
Submission for OMB Review;
Comment Request
Department of Education.
The Acting Director,
Information Collection Clearance
Division, Regulatory Information
Management Services, Office of
Management invites comments on the
submission for OMB review as required
by the Paperwork Reduction Act of
1995.
DATES: Interested persons are invited to
submit comments on or before February
8, 2010.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503, be faxed to (202) 395–5806 or
send e-mail to
oira_submission@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Acting
Director, Information Collection
Clearance Division, Regulatory
Information Management Services,
Office of Management, publishes that
notice containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g. new, revision, extension, existing or
reinstatement; (2) Title; (3) Summary of
the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
AGENCY:
SUMMARY:
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Fmt 4703
Sfmt 4703
Type of Review: Revision.
Title: Grants to States for Workplace
and Community Transition Training for
Incarcerated Individuals.
Frequency: Annually.
Affected Public: State, Local, or Tribal
Gov’t, SEAs or LEAs.
Reporting and Recordkeeping Hour
Burden:
Responses: 56.
Burden Hours: 2,800.
Abstract: The Department of
Education receives funding for the
Grants to States for Workplace and
Community Transition Training for
Incarcerated Individuals Program (Title
VIII, Part D of the Higher Education
Amendments of 1998, as amended). The
most recent amendment passed via
Public Law 110–315 requires State
Correctional Education Agencies to
submit a proposal in order to be eligible.
The law also requires that appropriated
funds be allotted to each State in an
amount that bears the same relationship
to the total number of eligible students
in each State. Therefore, States must
submit data concerning the number of
eligible students under the Program, so
that the Department can run the State
allocation formula. State Correctional
Education Agencies (SCEA) are required
to conduct an evaluation and to
annually report to the Secretary and the
Attorney General on the results of the
evaluation.
Requests for copies of the information
collection submission for OMB review
may be accessed from https://
edicsweb.ed.gov, by selecting the
‘‘Browse Pending Collections’’ link and
by clicking on link number 4165. When
you access the information collection,
click on ‘‘Download Attachments ’’ to
view. Written requests for information
should be addressed to U.S. Department
of Education, 400 Maryland Avenue,
SW., LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to the Internet address
ICDocketMgr@ed.gov or faxed to 202–
401–0920. Please specify the complete
title of the information collection when
making your request.
Comments regarding burden and/or
the collection activity requirements
should be electronically mailed to
ICDocketMgr@ed.gov. Individuals who
E:\FR\FM\07JAN1.SGM
07JAN1
]]>Agencies
[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Notices]
[Pages 981-982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31419]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Notice of Rescission of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 7, 2010.
SUMMARY: On January 29, 2009, the Department of Commerce
(``Department'') published a notice of initiation and preliminary
results of changed circumstance review (``CCR'') 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 Initiation and Preliminary Results of
Changed Circumstances Review, and Intend To Revoke Order in Part, 74 FR
4736 (January 29, 2009) (``Initiation and Preliminary Results''). We
are now rescinding this CCR because the Department, on December 7,
2009, resolved the underlying issue for the CCR in a parallel final
scope ruling on the same matter.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC
20230; telephone: 202-482-4047.
Background
On November 14, 2008, the Department received a letter from Rolf C.
Hagen (USA), Corp. (``Hagen'') requesting a scope ruling that certain
fish tank filter products imported by Hagen, that contain no more than
500 grams of activated carbon or a combination of activated carbon and
zeolite, are outside the scope of the antidumping order on certain
activated carbon from the PRC. See Notice of Antidumping Duty Order:
Certain Activated Carbon from the People's Republic of China, 72 FR
20988 (April 27, 2007) (``Order''). On November 20, 2008, Calgon Carbon
Corporation and Norit Americas Inc. (collectively, ``Petitioners'')
submitted comments stating that they agreed with Hagen's scope ruling
request. On December 15, 2008, the Department received a request from
Hagen for a changed circumstance review and for the Department to
revoke, in part, the Order pursuant to sections 751(b)(1) and 782(h)(2)
of the Tariff Act of 1930, as amended (``the Act''), with respect to
the same products covered by its scope request. On December 17, 2008,
Petitioners again submitted comments stating that they agreed with the
specific proposed exclusion language contained in Hagen's December 15,
2008, submission. The Department published the Initiation and
Preliminary Results on January 29, 2009, and requested public comments
on the proposed exclusion language. The Department also extended the
deadline for the final results of this CCR. See Certain Activated
Carbon From the People's Republic of China: Extension of Time Limit for
the Final Results of Changed Circumstances Review, 74 FR 51257 (October
6, 2009).
On December 7, 2009, based on the Department's review of Hagen's
scope request, in light of the scope language in the Order, the
petition, and the ITC determination, the Department determined in
accordance with 19 CFR 351.225(k)(1) that the commercial fish tank
filter products described in the Hagen scope request are different from
activated carbon which is covered by the scope of the Order. Because we
determined the scope language to be dispositive, the Department found
the fish tank filter products described in Hagen's request to be
outside the scope of the Order pursuant to the criteria within 19 CFR
351.225(k)(1). See Memorandum for John M. Andersen, Acting Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
from Jerry Huang, International Trade Compliance Analyst, regarding
``Final Scope Ruling: Antidumping Duty Order on Certain Activated
Carbon from the People's Republic of China,'' dated December 7, 2009
(``Final Scope Ruling'').
Scope of Changed Circumstances Review
The merchandise subject to this order is certain activated carbon.
Certain activated carbon is a powdered, granular, or pelletized carbon
product obtained by ``activating'' with heat and steam various
materials containing carbon, including but not limited to coal
(including bituminous, lignite, and anthracite), wood, coconut shells,
olive stones, and peat. The thermal and steam treatments remove organic
materials and create an internal pore structure in the carbon material.
The producer can also use carbon dioxide gas (CO2) in place
of steam in this process. The vast majority of the internal porosity
developed during the high temperature steam (or CO2 gas)
activated process is a direct result of oxidation of a portion of the
solid carbon atoms in the raw material, converting them into a gaseous
form of carbon.
The scope of this order covers all forms of activated carbon that
are activated by steam or CO2, regardless of the raw
material, grade, mixture, additives, further washing or post-activation
chemical treatment (chemical or water washing, chemical impregnation or
other treatment), or product form. Unless specifically excluded, the
scope of this order covers all physical forms of certain activated
carbon, including powdered activated carbon (``PAC''), granular
activated carbon (``GAC''), and pelletized activated carbon.
Excluded from the scope of the order are chemically activated
carbons. The carbon-based raw material used in the chemical activation
process is treated with a strong chemical agent, including but not
limited to phosphoric acid, zinc chloride sulfuric acid or potassium
hydroxide, that dehydrates molecules in the raw material, and results
in the formation of water that is removed from the raw material by
moderate heat treatment. The activated carbon created by chemical
activation has internal porosity developed primarily due to the action
of the chemical dehydration agent. Chemically activated carbons are
typically used to activate raw materials with a lignocellulosic
component such as cellulose, including wood, sawdust, paper mill waste
and peat.
To the extent that an imported activated carbon product is a blend
of steam and chemically activated carbons, products containing 50
percent or more steam (or CO2 gas) activated carbons are
within this scope, and those containing more than 50 percent chemically
activated carbons are outside this scope. This exclusion language
regarding blended material applies only to mixtures of steam and
chemically activated carbons.
Also excluded from the scope are reactivated carbons. Reactivated
carbons are previously used activated carbons that have had adsorbed
materials removed from their pore structure after
[[Page 982]]
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.
Rescission of Changed Circumstances Review
The Department initiated this changed circumstance review based on
the same issue raised by Hagen in its scope ruling request. As the
Department issued its final scope determination on December 9, 2009,
that certain fish tank filter products imported by Hagen, that contain
no more than 500 grams of activated carbon or a combination of
activated carbon and zeolite, are outside the scope of the antidumping
order on certain activated carbon from the PRC, the sole issue in this
CCR is moot, as it has been resolved in the parallel scope proceeding.
Accordingly, the Department is now rescinding this CCR. Hagen's request
that its products are outside the scope of the Order and Petitioners'
comments supporting that request are fully detailed in the Department's
scope determination. See Final Scope Ruling.
This notice serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 may be subject to
sanction.
This notice is issued and published in accordance with sections
751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.216.
Dated: December 22, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-31419 Filed 1-6-10; 8:45 am]
BILLING CODE 3510-DS-P
