Certain Activated Carbon From the People's Republic of China: Final Results and Partial Rescission of Third Antidumping Duty Administrative Review, 67142-67146 [2011-28158]

Download as PDF 67142 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices Period to be reviewed Jiangsu Weixi Group Co. Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asis) New King Shan (Zhu Hai) Co., Ltd. and its parent company King Shan Wire Narrow Woven Ribbons with Woven Selvedge C–570–953 ................................................................................................. Weifang Dongfang Ribbon Weaving Co., Ltd. Suspension Agreements None. During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the jlentini on DSK4TPTVN1PROD with NOTICES 3 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Lined Paper Products from the People’s Republic of China (‘‘PRC’’) who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 4 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Magnesia Carbon Bricks from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are part. 5 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain New Pneumatic Off-the-Road Tires from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 6 If one of the above named companies does not qualify for a separate rate, all other exporters of Freshwater Crawfish Tail Meat from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 7 If one of the above named companies does not qualify for a separate rate, all other exporters of Kitchen Appliance Shelving and Racks from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 8 If one of the above named companies does not qualify for a separate rate, all other exporters of Narrow Woven Ribbons with Woven Selvedge from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 9 We will review subject merchandise exported by Yama Ribbons and Bows Co, Ltd. not otherwise covered by the exclusion. See Narrow Woven Ribbons with Woven Selvedge from Taiwan and the People’s Republic of China: Antidumping Duty Orders, 75 FR 53632 (September 1, 2010). VerDate Mar<15>2010 19:33 Oct 28, 2011 Jkt 226001 review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period, of the order, if such a gap period is applicable to the period of review. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (Interim Final Rule), amending 19 CFR 351.303(g)(1) and (2). The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments initiated on or PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 9/01/10–12/31/10 after March 14, 2011 if the submitting party does not comply with the revised certification requirements. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: October 25, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–28160 Filed 10–28–11; 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: Final Results and Partial Rescission of Third Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 29, 2011, the Department of Commerce (‘‘Department’’) published in the Federal Register the preliminary results of the third administrative review of the antidumping duty order on certain activated carbon from the People’s Republic of China (‘‘PRC’’).1 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 find that the mandatory respondents have not sold subject merchandise at less than normal value during the period of review (‘‘POR’’), April 1, 2009, through March 31, 2010. DATES: Effective Date: October 31, 2011. FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations, AGENCY: 1 See Certain Activated Carbon From the People’s Republic of China: Preliminary Results of the Third Antidumping Duty Administrative Review, and Preliminary Rescission in Part, 76 FR 23978 (April 29, 2011) (‘‘Preliminary Results’’). E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 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 jlentini on DSK4TPTVN1PROD with NOTICES On May 28, 2010, and June 30, 2010, the Department initiated this review with respect to 192 companies upon which an administrative review was requested.2 On August 11, 2010, pursuant to 19 CFR 351.213(d)(1), the Department rescinded the administrative review with respect to 128 companies, based upon Petitioners’ 3 timely withdrawal of review requests.4 On August 23, 2010, the Department rescinded the administrative review with respect to an additional 45 companies, based on Petitioners’ timely withdrawal of review requests.5 Thus, 19 companies remained subject to this review.6 On May 19, 2010, Jacobi Carbons AB (‘‘Jacobi’’) and Calgon Carbon (Tianjin) Co., Ltd. (‘‘CCT’’) and its parent company Calgon Carbon Corporation (‘‘CCC’’), the mandatory respondents in this review, submitted additional surrogate value (‘‘SV’’) information. In the Preliminary Results, we set the deadline for interested parties to submit case briefs and rebuttal briefs to May 30, 2011, and June 7, 2011, respectively. On 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 75 FR 29976 (May 28, 2010); see also, Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 75 FR 37759 (June 30, 2010) (collectively, ‘‘Initiation Notices’’). 3 Norit Americas Inc. and Calgon Carbon Corporation. 4 See Certain Activated Carbon From the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 75 FR 48644 (August 11, 2010) (‘‘First Rescission’’). 5 See Certain Activated Carbon from the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 75 FR 51754 (August 23, 2010) (‘‘Second Rescission’’). 6 In the Preliminary Results, the Department inadvertently misstated the number of companies rescinded and the number of companies remaining under review. The remaining companies which were listed in Initiation Notices are: AmeriAsia Advanced Activated Carbon Products Co., Ltd.; Beijing Pacific Activated Carbon Products Co., Ltd.; Calgon Carbon (Tianjin) Co., Ltd.; Cherishmet Inc.; Datong Municipal Yunguang Activated Carbon Co., Ltd.; Jacobi Carbons AB; Jiangxi Hansom Import Export Co.; Langfang Winfield Filtration Co.; Mindong Lianyi Group; Ningxia Guanghua A/C Co., Ltd.; Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.; Ningxia Huahui Activated Carbon Co., Ltd.; Ningxia Lingzhou Foreign Trade Co, Ltd.; Shanxi DMD Corporation; Shanxi Industry Technology Trading Co., Ltd.; Shanxi Sincere Industrial Co., Ltd.; Tangshan Solid Carbon Co., Ltd.; Tianjin Jacobi International Trading Co., Ltd.; and Tianjin Maijin Industries Co., Ltd. VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 May 11, 2011, we extended the deadlines for case and rebuttal briefs to June 13, 2011, and June 20, 2011, respectively.7 On June 13, 2011, Petitioners, CCT, and the separate rate respondents, Ningxia Huahui Activated Carbon Co., Ltd. (‘‘Huahui’’), Shanxi Industry Technology Trading Co., Ltd. (‘‘Shanxi ITT’’) and Shanxi DMD Corporation (‘‘Shanxi DMD’’) filed case briefs. On June 14, 2011, Jacobi filed its case brief.8 On June 16, 2011, the Department rejected Huahui’s case brief because it contained new information and provided Huahui until June 20, 2011, to re-file its case brief.9 On June 20, 2011, Huahui re-filed its case brief. Also on June 20, 2011, Petitioners, CCT, Shanxi ITT, Shanxi DMD, and Albemarle filed rebuttal briefs. On June 21, 2011, the Department placed data to value the input of labor on the record for comment by interested parties.10 On July 5, 2011, Albemarle provided comments on the June 21, 2011, data. On July 7, 2011, the Department placed additional information regarding the labor rate calculation on the record for comment by interested parties.11 On July 12, 2011, CCT filed rebuttal comments to Albemarle’s July 5, 2011, labor data comments. On July 21, 2011, the Department extended the final results until October 26, 2011.12 The Department did not hold a public hearing, pursuant to 19 CFR 351.310(d), as the hearing requests made by interested parties were withdrawn. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to these reviews are addressed in the ‘‘Certain Activated Carbon from the People’s Republic of China: Issues and Decision 7 See Letter to Interested Parties, dated May 11, 2011. 8 Jacobi filed its case brief under one-day lag rule. See 19 CFR 351.303(c). 9 See Letter to Huahui and Albemarle, dated June 16, 2011. 10 See Memorandum to the File, through Catherine Bertrand, Program Manager, Office 9, from Bob Palmer, Case Analyst, Office 9 re: Third Administrative Review of the Antidumping Duty on Certain Activated Carbon From the People’s Republic of China: Industry Specific Surrogate Labor Rate and Surrogate Financial Ratio Adjustments, dated June 21, 2011 (‘‘Labor Memo’’). 11 See Memorandum to the File, through Catherine Bertrand, Program Manager, Office 9, from Bob Palmer, Case Analyst, Office 9 re: Third Administrative Review of the Antidumping Duty on Certain Activated Carbon From the People’s Republic of China: Revision to Surrogate Financial Ratio Adjustments, dated July 7, 2011 (‘‘Revised Labor Memo’’). 12 See Certain Activated Carbon From the People’s Republic of China: Extension of Time Limit for Final Results of the Third Antidumping Duty Administrative Review, 76 FR 43654 (July 21, 2011). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 67143 Memorandum for the Final Results of the Third Antidumping Duty Administrative Review,’’ 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, main Commerce building, Room 7046, and is accessible on the Department’s Web site at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Scope of the Order The merchandise subject to the 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 the 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 the 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 E:\FR\FM\31OCN1.SGM 31OCN1 67144 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 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 the scope, and those containing more than 50 percent chemically activated carbons are outside the 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 the 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 the order is dispositive. jlentini on DSK4TPTVN1PROD with NOTICES 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 SVs and the margin calculations for CCT and Jacobi in the final results. Specifically, we have updated the SV for labor, coconut shell charcoal and the calculation of the surrogate financial ratios.13 See Decision Memo at Comments 4b, 4c, and 4d and Final SV Memo 14; see also, Labor Cost 13 CCT submitted Active Carbon India Private Limited’s (‘‘Active Carbon’’) 2009–2010 financial statements in its post-preliminary SV submissions, which we will rely upon for the final results. See CCT’s Post-Prelim SV Submission, dated May 19, 2011. 14 See Memorandum to the File, through Catherine Bertrand, Program Manager, Office 9, from Bob Palmer, Case Analyst, Office 9 re: Third Administrative Review of Certain Activated Carbon from the People’s Republic of China: Surrogate VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 Methodology below. We have also corrected various errors in the Preliminary Results alleged by respondents. See Decision Memo at Comments 5a, 5b, 5c, 5d, 6a and 6b. For all changes to the margin calculations, see Decision Memo and the company specific analysis memoranda. Labor Cost Methodology Pursuant to the Department’s recent decision regarding it final labor methodology,15 we have calculated a revised hourly labor rate to use in valuing CCT and Jacobi’s reported labor. The revised surrogate value for labor is calculated by using labor cost data from India, the primary surrogate country, as published in ‘‘Chapter 6A: Labor Cost in Manufacturing’’ from the International Labor Organization (‘‘ILO’’) Yearbook of Labor Statistics. Additionally, because the Department is now using Chapter 6A to calculate labor costs, the Department made certain adjustments in the surrogate financial ratio calculations regarding labor. See Labor Memo and Revised Labor Memo, for the details of the calculation and supporting data; see also Final SV Memo. Final Partial Rescission In the Preliminary Results, the Department preliminarily rescinded this review with respect to Ningxia Lingzhou Foreign Trade Co., Ltd. (‘‘Lingzhou’’) because the Department determined that it had no shipments of subject merchandise to the United States during the POR. Subsequent to the Preliminary Results, no information was submitted on the record indicating that Lingzhou made sales to the United States of subject merchandise during the POR and no party provided written arguments regarding this issue. Thus, in accordance with 19 CFR 351.213(d)(3), and consistent with our practice, we are rescinding this review with respect to Lingzhou. Special Rule for Further Manufactured Products In the Preliminary Results, we applied the ‘‘special rule’’ for merchandise with value-added after importation and excused CCT from reporting U.S. sales of subject merchandise further processed by CCC, CCT’s U.S. parent company, and the U.S. furtherprocessing cost information associated Values for the Final Results, dated concurrently with this notice (‘‘Final SV Memo’’) at 2–3. 15 See Antidumping Methodologies in Proceedings Involving Non-Market Economies: Valuing the Factor of Production: Labor, 76 FR 36092 (June 21, 2011) (‘‘Labor Methodologies’’). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 with those sales.16 Further, we stated that we would apply the weightaveraged margin calculated based upon CCT’s U.S. sales to the first unaffiliated customer as the surrogate margin to the transactions to which the ‘‘special rule’’ applied.17 Because we have not received any information on the record that contradicts our preliminary finding, we shall continue to apply the weightaveraged margin as stated. Separate Rates In our Preliminary Results, we determined that the following companies met the criteria for separate rate status: CCT; Jacobi; Beijing Pacific Activated Carbon Products Co., Ltd. (‘‘Beijing Pacific’’); Datong Municipal Yunguang Activated Carbon Co., Ltd.; Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. (‘‘GHC’’); Huahui; Shanxi DMD Corporation; Shanxi Sincere Industrial Co., Ltd.; Shanxi Industry Technology Trading Co., Ltd.; Tangshan Solid Carbon Co., Ltd.; and Tianjin Maijin Industries Co., Ltd.18 We have not received any information since the issuance of the Preliminary Results that provides a basis for reconsideration of these determinations. Therefore, the Department continues to find that the companies listed above meet the criteria for a separate rate. Additionally, in the Preliminary Results, the Department inadvertently stated that Datong Juqiang Activated Carbon Co., Ltd.; Datong Yunguang Chemicals Plant; Hebei Foreign Trade and Advertising Corporation; Shanxi Newtime Co., Ltd.; and United Manufacturing International (Beijing) Ltd. were not rescinded from the administrative review and are considered as part of the PRC-Wide entity.19 However, on August 11, 2010, and August 23, 2010, these companies were rescinded from this administrative review and, therefore, are no longer subject to this proceeding.20 These five companies, AmeriAsia Advanced Activated Carbon Products Co., Ltd.; Jiangxi Hansom Import Export co.; Langfang Winfield Filtration Co.; Mindong Lianyi Group; and Ningxia Guanghua A/C., Ltd.; companies upon which the Department initiated administrative reviews that have not been rescinded, did not submit either a separate rate application or certification. Therefore, because AmeriAsia 16 See Preliminary Results, 76 FR at 23985–23986. 17 Id. 18 See id. at 23982–23984. id. at 23983. 20 See First Rescission; see also, Second Rescission. 19 See E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices Advanced Activated Carbon Products Co., Ltd.; Jiangxi Hansom Import Export co.; Langfang Winfield Filtration Co.; Mindong Lianyi Group; and Ningxia Guanghua A/C., Ltd. did not demonstrate their eligibility for separate rate status in a timely manner, we have determined it is appropriate to consider these companies as part of the PRC-wide entity. Results, none of the companies which did not file separate rate applications or certifications submitted comments regarding these findings. Therefore, we continue to treat these entities as part of the PRC-wide entity. Rate For Non-Selected Companies In the Preliminary Results, the Department assigned the separate rate companies the rate calculated for CCT. However, for the final results, the rate for both the individually examined respondents, CCT and Jacobi, are de minimis and accordingly, the Department has determined a reasonable method for assigning a rate to the companies eligible for a separate rate. See Decision Memo at Comment 1. Pursuant to this method, we are assigning a rate of 0.44 U.S. Dollars per kilogram (‘‘USD/kg’’) to Huahui, its assigned rate in Carbon AR 2.21 Additionally, we are assigning a rate of 0.28 USD/kg to the other companies eligible for a separate rate in this review, the separate rate calculated in Carbon AR 2. See Decision Memo at Comment 1. CERTAIN ACTIVATED CARBON FROM THE PEOPLE’S REPUBLIC OF CHINA jlentini on DSK4TPTVN1PROD with NOTICES PRC-Wide Rate and PRC-Wide Entity The Department used the PRC-Wide rate of 2.42 USD/kg in the most recently completed administrative review of this antidumping order.22 Because we have not calculated a PRC-Wide rate greater than the PRC-Wide rate from previous reviews in this proceeding and nothing on the record of the instant review calls into question the reliability of the PRCWide Rate, we find it appropriate to continue to apply the PRC-Wide rate of 2.42 USD/kg for the final results.23 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 PRCwide entity.24 Since the Preliminary 21 See Certain Activated Carbon From the People’s Republic of China: Final Results and Partial Rescission of Second Antidumping Duty Administrative Review, 75 FR 70208, 70209 (November 17, 2010) (‘‘Carbon AR2’’) and accompanying IDM at Comment 3. 22 See Carbon AR2, 75 FR at 70209 and 70211. 23 See Administrative Review of Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 76 FR 51940 and 51942 (Dep’t of Commerce August 19, 2011) where the Department used the PRC-Wide Rate from the previous review. 24 The companies considered part of the PRCWide entity are: AmeriAsia Advanced Activated Carbon Products Co., Ltd.; Jiangxi Hansom Import Export Co.; Langfang Winfield Filtration Co.; VerDate Mar<15>2010 19:11 Oct 28, 2011 Jkt 226001 Final Results of Review The dumping margins for the POR are as follows: Exporter Margin Jacobi Carbons AB 25 ............... Calgon Carbon (Tianjin) Co. Ltd. Ningxia Huahui Activated Carbon Co., Ltd. Datong Municipal Yunguang Activated Carbon Co., Ltd. Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.26 Shanxi DMD Corporation ......... Shanxi Industry Technology Trading Co., Ltd. Shanxi Sincere Industrial Co., Ltd. Tangshan Solid Carbon Co., Ltd. Tianjin Maijin Industries Co., Ltd. PRC-Wide rate 27 ..................... $0.00/kg 0.00/kg 0.44/kg 0.28/kg 0.28/kg 0.28/kg 0.28/kg 0.28/kg 0.28/kg 0.28/kg 2.42/kg Assessment The Department will determine, and U.S. Customs and Border Protection Mindong Lianyi Group; and Ningxia Guanghua A/ C Co., Ltd. 25 In the Preliminary Results, we found that Jacobi Carbons Industry (Tianjin) (‘‘JCC’’) and Tianjin Jacobi International Trading Co. Ltd. (‘‘Tianjin Jacobi’’) both act as export facilitators for Jacobi Carbons AB. See Preliminary Results, 76 FR at 23990. Therefore, as we have done in earlier segments of this antidumping duty order, we are continuing to find it appropriate that Jacobi Carbons AB, Tianjin Jacobi and JCC to receive the antidumping duty rate assigned to Jacobi Carbons AB. 26 As stated above, GHC is a single entity with Beijing Pacific and Ningxia Guanghua Activated Carbon Co., Ltd. Additionally, in a previous review, the Department found that Cherishmet Inc. is affiliated with GHC. See Carbon AR1, 74 FR at 57996 n.2. However, Cherishment Inc. has not been found to be part of the single entity involving Beijing Pacific, GHC, and Ningxia Guanghua Activated Carbon Co., Ltd. See Memorandum to The File, from Robert Palmer, Case Analyst, through Catherine Bertrand, Program Manager; regarding First Antidumping Duty Administrative Review of Certain Activated Carbon from the People’s Republic of China: Affiliation Memorandum of Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd., dated April 30, 2009. 27 As discussed in the Separate Rates and PRCWide Entity sections of this notice, the PRC-Wide entity includes AmeriAsia Advanced Activated Carbon Products Co., Ltd.; Jiangxi Hansom Import Export Co.; Langfang Winfield Filtration Co.; Mindong Lianyi Group; and Ningxia Guanghua A/ C Co., Ltd. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 67145 (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b). We have calculated importer-specific duty assessment rates on a per-unit basis.28 As the Department stated in the most recent administrative review,29 we will continue to direct CBP to assess importer-specific assessment rates based on the resulting per-unit (i.e., perkilogram) rates by the weight in kilograms of each entry of the subject merchandise during the POR. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC 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 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; (2) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate established in the final results of this review (i.e., $2.42 per kilogram); and (3) 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. Notification to Importers 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 28 We divided the total dumping margins (calculated as the difference between normal value and export price or constructed export price) for each importer by the total quantity of subject merchandise sold to that importer during the POR to calculate a per-unit assessment amount. 29 See Carbon AR2, 75 FR at 70211. E:\FR\FM\31OCN1.SGM 31OCN1 67146 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 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. DEPARTMENT OF COMMERCE Administrative Protective Orders AGENCY: This notice also serves as a reminder to parties subject to administrative protective order (‘‘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: October 24, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I—Decision Memorandum General Issues Comment 1: Assignment of the Separate Rate. Comment 2: Ad Valorem Deposit Rates. Comment 3: Zeroing. Comment 4: Surrogate Values: a. Energy Coal. b. Carbonized Material. c. Surrogate Financial Ratios. d. Labor Rate Comment 5: Issues Regarding CCT: a. Hydrochloric Acid Purity Level Adjustment. b. Freight Cost Calculation. c. Plastic Wrapping Weight Conversions. d. Raw Material Reporting by CCT and JB. Comment 6: Issues Regarding Jacobi a. Brokerage and Handling. b. Adverse Facts Available for NXGH’s Water Usage. jlentini on DSK4TPTVN1PROD with NOTICES [FR Doc. 2011–28158 Filed 10–28–11; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 International Trade Administration [A–475–828] Stainless Steel Butt-Weld Pipe Fittings From Italy; Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 31, 2011. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3931 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: Background Extension of Time Limits for Preliminary Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires that the Department complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the 245-day time period for the preliminary results up to 365 days. The Department finds that it is not practicable to complete the preliminary results of this review within the original time frame because it needs to obtain additional information from the respondent company, Tectubi Raccordi S.p.A., in order to complete its analysis. Because the Department requires additional time to obtain and analyze this information, it is not practicable to complete this review within the original Frm 00019 Dated: October 24, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–28185 Filed 10–28–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] On March 31, 2011, the Department of Commerce (the Department) published the initiation of the administrative review of the antidumping duty order on stainless steel butt-weld pipe fittings from Italy in the Federal Register. See Initiation of Antidumping Duty Administrative Reviews, Requests for Revocation in Part, and Deferral of Administrative Review, 76 FR 17825 (March 31, 2011). This review covers the period of February 1, 2010, to January 31, 2011. The current deadline for the preliminary results of the review is October 31, 2011. PO 00000 time limit (i.e., October 31, 2011) and, accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review until no later than December 15, 2011, which is 290 days from the last day of the anniversary month of this order. We intend to issue the final results no later than 120 days after publication of the preliminary results notice. This extension is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Fmt 4703 Sfmt 4703 Certain Preserved Mushrooms From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 2, 2011, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper reviews (NSRs) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC) for Guangxi Hengyong Industrial & Commercial Dev., Ltd. (Hengyong) and Zhangzhou Hongda Import & Export Trading Co., Ltd. (Co.) (Hongda).1 See Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 76 FR 46270 (August 2, 2011) (Preliminary Results). We gave interested parties an opportunity to comment on the preliminary results. We received a case brief from Hongda on August 31, 2011. We received no rebuttal briefs from any parties. Furthermore, as described further below, we also received various comments/responses from the parties on AGENCY: 1 In its request for review, Hengyong certified that it was the exporter and Hengyong Industrial & Commercial Dev. Ltd. Hengxian Food Division (Hengxian) was the manufacturer. See September 24, 2010, submission from Hengyong. In its request for NSR, Hongda certified it was the exporter and Fujian Haishan Foods Co., Ltd. (Haishan) was the manufacturer. See September 24, 2010, submission from Hongda. E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67142-67146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28158]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Final Results and Partial Rescission of Third Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 29, 2011, the Department of Commerce (``Department'') 
published in the Federal Register the preliminary results of the third 
administrative review of the antidumping duty order on certain 
activated carbon from the People's Republic of China (``PRC'').\1\ 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 find that the mandatory respondents have not sold subject 
merchandise at less than normal value during the period of review 
(``POR''), April 1, 2009, through March 31, 2010.
---------------------------------------------------------------------------

    \1\ See Certain Activated Carbon From the People's Republic of 
China: Preliminary Results of the Third Antidumping Duty 
Administrative Review, and Preliminary Rescission in Part, 76 FR 
23978 (April 29, 2011) (``Preliminary Results'').

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DATES: Effective Date: October 31, 2011.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations,

[[Page 67143]]

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 May 28, 2010, and June 30, 2010, the Department initiated this 
review with respect to 192 companies upon which an administrative 
review was requested.\2\ On August 11, 2010, pursuant to 19 CFR 
351.213(d)(1), the Department rescinded the administrative review with 
respect to 128 companies, based upon Petitioners' \3\ timely withdrawal 
of review requests.\4\ On August 23, 2010, the Department rescinded the 
administrative review with respect to an additional 45 companies, based 
on Petitioners' timely withdrawal of review requests.\5\ Thus, 19 
companies remained subject to this review.\6\
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 75 FR 29976 (May 28, 2010); see also, 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 75 FR 37759 (June 30, 
2010) (collectively, ``Initiation Notices'').
    \3\ Norit Americas Inc. and Calgon Carbon Corporation.
    \4\ See Certain Activated Carbon From the People's Republic of 
China: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 75 FR 48644 (August 11, 2010) (``First 
Rescission'').
    \5\ See Certain Activated Carbon from the People's Republic of 
China: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 75 FR 51754 (August 23, 2010) (``Second 
Rescission'').
    \6\ In the Preliminary Results, the Department inadvertently 
misstated the number of companies rescinded and the number of 
companies remaining under review. The remaining companies which were 
listed in Initiation Notices are: AmeriAsia Advanced Activated 
Carbon Products Co., Ltd.; Beijing Pacific Activated Carbon Products 
Co., Ltd.; Calgon Carbon (Tianjin) Co., Ltd.; Cherishmet Inc.; 
Datong Municipal Yunguang Activated Carbon Co., Ltd.; Jacobi Carbons 
AB; Jiangxi Hansom Import Export Co.; Langfang Winfield Filtration 
Co.; Mindong Lianyi Group; Ningxia Guanghua A/C Co., Ltd.; Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd.; Ningxia Huahui 
Activated Carbon Co., Ltd.; Ningxia Lingzhou Foreign Trade Co, Ltd.; 
Shanxi DMD Corporation; Shanxi Industry Technology Trading Co., 
Ltd.; Shanxi Sincere Industrial Co., Ltd.; Tangshan Solid Carbon 
Co., Ltd.; Tianjin Jacobi International Trading Co., Ltd.; and 
Tianjin Maijin Industries Co., Ltd.
---------------------------------------------------------------------------

    On May 19, 2010, Jacobi Carbons AB (``Jacobi'') and Calgon Carbon 
(Tianjin) Co., Ltd. (``CCT'') and its parent company Calgon Carbon 
Corporation (``CCC''), the mandatory respondents in this review, 
submitted additional surrogate value (``SV'') information.
    In the Preliminary Results, we set the deadline for interested 
parties to submit case briefs and rebuttal briefs to May 30, 2011, and 
June 7, 2011, respectively. On May 11, 2011, we extended the deadlines 
for case and rebuttal briefs to June 13, 2011, and June 20, 2011, 
respectively.\7\ On June 13, 2011, Petitioners, CCT, and the separate 
rate respondents, Ningxia Huahui Activated Carbon Co., Ltd. 
(``Huahui''), Shanxi Industry Technology Trading Co., Ltd. (``Shanxi 
ITT'') and Shanxi DMD Corporation (``Shanxi DMD'') filed case briefs. 
On June 14, 2011, Jacobi filed its case brief.\8\ On June 16, 2011, the 
Department rejected Huahui's case brief because it contained new 
information and provided Huahui until June 20, 2011, to re-file its 
case brief.\9\ On June 20, 2011, Huahui re-filed its case brief. Also 
on June 20, 2011, Petitioners, CCT, Shanxi ITT, Shanxi DMD, and 
Albemarle filed rebuttal briefs.
---------------------------------------------------------------------------

    \7\ See Letter to Interested Parties, dated May 11, 2011.
    \8\ Jacobi filed its case brief under one-day lag rule. See 19 
CFR 351.303(c).
    \9\ See Letter to Huahui and Albemarle, dated June 16, 2011.
---------------------------------------------------------------------------

    On June 21, 2011, the Department placed data to value the input of 
labor on the record for comment by interested parties.\10\ On July 5, 
2011, Albemarle provided comments on the June 21, 2011, data. On July 
7, 2011, the Department placed additional information regarding the 
labor rate calculation on the record for comment by interested 
parties.\11\ On July 12, 2011, CCT filed rebuttal comments to 
Albemarle's July 5, 2011, labor data comments. On July 21, 2011, the 
Department extended the final results until October 26, 2011.\12\ The 
Department did not hold a public hearing, pursuant to 19 CFR 
351.310(d), as the hearing requests made by interested parties were 
withdrawn.
---------------------------------------------------------------------------

    \10\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office 9, from Bob Palmer, Case Analyst, Office 9 
re: Third Administrative Review of the Antidumping Duty on Certain 
Activated Carbon From the People's Republic of China: Industry 
Specific Surrogate Labor Rate and Surrogate Financial Ratio 
Adjustments, dated June 21, 2011 (``Labor Memo'').
    \11\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office 9, from Bob Palmer, Case Analyst, Office 9 
re: Third Administrative Review of the Antidumping Duty on Certain 
Activated Carbon From the People's Republic of China: Revision to 
Surrogate Financial Ratio Adjustments, dated July 7, 2011 (``Revised 
Labor Memo'').
    \12\ See Certain Activated Carbon From the People's Republic of 
China: Extension of Time Limit for Final Results of the Third 
Antidumping Duty Administrative Review, 76 FR 43654 (July 21, 2011).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``Certain Activated Carbon from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the Third Antidumping Duty Administrative Review,'' 
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, 
main Commerce building, Room 7046, and is accessible on the 
Department's Web site at http://www.trade.gov/ia. The paper copy and 
electronic version of the memorandum are identical in content.

Scope of the Order

    The merchandise subject to the 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 the 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 the 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

[[Page 67144]]

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 the scope, and those containing more than 50 percent chemically 
activated carbons are outside the 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 the 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 the order is dispositive.

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 SVs and the margin calculations for CCT and Jacobi in the final 
results. Specifically, we have updated the SV for labor, coconut shell 
charcoal and the calculation of the surrogate financial ratios.\13\ See 
Decision Memo at Comments 4b, 4c, and 4d and Final SV Memo \14\; see 
also, Labor Cost Methodology below. We have also corrected various 
errors in the Preliminary Results alleged by respondents. See Decision 
Memo at Comments 5a, 5b, 5c, 5d, 6a and 6b. For all changes to the 
margin calculations, see Decision Memo and the company specific 
analysis memoranda.
---------------------------------------------------------------------------

    \13\ CCT submitted Active Carbon India Private Limited's 
(``Active Carbon'') 2009-2010 financial statements in its post-
preliminary SV submissions, which we will rely upon for the final 
results. See CCT's Post-Prelim SV Submission, dated May 19, 2011.
    \14\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office 9, from Bob Palmer, Case Analyst, Office 9 
re: Third Administrative Review of Certain Activated Carbon from the 
People's Republic of China: Surrogate Values for the Final Results, 
dated concurrently with this notice (``Final SV Memo'') at 2-3.
---------------------------------------------------------------------------

Labor Cost Methodology

    Pursuant to the Department's recent decision regarding it final 
labor methodology,\15\ we have calculated a revised hourly labor rate 
to use in valuing CCT and Jacobi's reported labor. The revised 
surrogate value for labor is calculated by using labor cost data from 
India, the primary surrogate country, as published in ``Chapter 6A: 
Labor Cost in Manufacturing'' from the International Labor Organization 
(``ILO'') Yearbook of Labor Statistics. Additionally, because the 
Department is now using Chapter 6A to calculate labor costs, the 
Department made certain adjustments in the surrogate financial ratio 
calculations regarding labor. See Labor Memo and Revised Labor Memo, 
for the details of the calculation and supporting data; see also Final 
SV Memo.
---------------------------------------------------------------------------

    \15\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR 
36092 (June 21, 2011) (``Labor Methodologies'').
---------------------------------------------------------------------------

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to Ningxia Lingzhou Foreign Trade Co., Ltd. 
(``Lingzhou'') because the Department determined that it had no 
shipments of subject merchandise to the United States during the POR.
    Subsequent to the Preliminary Results, no information was submitted 
on the record indicating that Lingzhou made sales to the United States 
of subject merchandise during the POR and no party provided written 
arguments regarding this issue. Thus, in accordance with 19 CFR 
351.213(d)(3), and consistent with our practice, we are rescinding this 
review with respect to Lingzhou.

Special Rule for Further Manufactured Products

    In the Preliminary Results, we applied the ``special rule'' for 
merchandise with value-added after importation and excused CCT from 
reporting U.S. sales of subject merchandise further processed by CCC, 
CCT's U.S. parent company, and the U.S. further-processing cost 
information associated with those sales.\16\ Further, we stated that we 
would apply the weight-averaged margin calculated based upon CCT's U.S. 
sales to the first unaffiliated customer as the surrogate margin to the 
transactions to which the ``special rule'' applied.\17\ Because we have 
not received any information on the record that contradicts our 
preliminary finding, we shall continue to apply the weight-averaged 
margin as stated.
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    \16\ See Preliminary Results, 76 FR at 23985-23986.
    \17\ Id.
---------------------------------------------------------------------------

Separate Rates

    In our Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: CCT; Jacobi; 
Beijing Pacific Activated Carbon Products Co., Ltd. (``Beijing 
Pacific''); Datong Municipal Yunguang Activated Carbon Co., Ltd.; 
Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. (``GHC''); 
Huahui; Shanxi DMD Corporation; Shanxi Sincere Industrial Co., Ltd.; 
Shanxi Industry Technology Trading Co., Ltd.; Tangshan Solid Carbon 
Co., Ltd.; and Tianjin Maijin Industries Co., Ltd.\18\ We have not 
received any information since the issuance of the Preliminary Results 
that provides a basis for reconsideration of these determinations. 
Therefore, the Department continues to find that the companies listed 
above meet the criteria for a separate rate.
---------------------------------------------------------------------------

    \18\ See id. at 23982-23984.
---------------------------------------------------------------------------

    Additionally, in the Preliminary Results, the Department 
inadvertently stated that Datong Juqiang Activated Carbon Co., Ltd.; 
Datong Yunguang Chemicals Plant; Hebei Foreign Trade and Advertising 
Corporation; Shanxi Newtime Co., Ltd.; and United Manufacturing 
International (Beijing) Ltd. were not rescinded from the administrative 
review and are considered as part of the PRC-Wide entity.\19\ However, 
on August 11, 2010, and August 23, 2010, these companies were rescinded 
from this administrative review and, therefore, are no longer subject 
to this proceeding.\20\
---------------------------------------------------------------------------

    \19\ See id. at 23983.
    \20\ See First Rescission; see also, Second Rescission.
---------------------------------------------------------------------------

    These five companies, AmeriAsia Advanced Activated Carbon Products 
Co., Ltd.; Jiangxi Hansom Import Export co.; Langfang Winfield 
Filtration Co.; Mindong Lianyi Group; and Ningxia Guanghua A/C., Ltd.; 
companies upon which the Department initiated administrative reviews 
that have not been rescinded, did not submit either a separate rate 
application or certification. Therefore, because AmeriAsia

[[Page 67145]]

Advanced Activated Carbon Products Co., Ltd.; Jiangxi Hansom Import 
Export co.; Langfang Winfield Filtration Co.; Mindong Lianyi Group; and 
Ningxia Guanghua A/C., Ltd. did not demonstrate their eligibility for 
separate rate status in a timely manner, we have determined it is 
appropriate to consider these companies as part of the PRC-wide entity.

Rate For Non-Selected Companies

    In the Preliminary Results, the Department assigned the separate 
rate companies the rate calculated for CCT. However, for the final 
results, the rate for both the individually examined respondents, CCT 
and Jacobi, are de minimis and accordingly, the Department has 
determined a reasonable method for assigning a rate to the companies 
eligible for a separate rate. See Decision Memo at Comment 1. Pursuant 
to this method, we are assigning a rate of 0.44 U.S. Dollars per 
kilogram (``USD/kg'') to Huahui, its assigned rate in Carbon AR 2.\21\ 
Additionally, we are assigning a rate of 0.28 USD/kg to the other 
companies eligible for a separate rate in this review, the separate 
rate calculated in Carbon AR 2. See Decision Memo at Comment 1.
---------------------------------------------------------------------------

    \21\ See Certain Activated Carbon From the People's Republic of 
China: Final Results and Partial Rescission of Second Antidumping 
Duty Administrative Review, 75 FR 70208, 70209 (November 17, 2010) 
(``Carbon AR2'') and accompanying IDM at Comment 3.
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PRC-Wide Rate and PRC-Wide Entity

    The Department used the PRC-Wide rate of 2.42 USD/kg in the most 
recently completed administrative review of this antidumping order.\22\ 
Because we have not calculated a PRC-Wide rate greater than the PRC-
Wide rate from previous reviews in this proceeding and nothing on the 
record of the instant review calls into question the reliability of the 
PRC-Wide Rate, we find it appropriate to continue to apply the PRC-Wide 
rate of 2.42 USD/kg for the final results.\23\
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    \22\ See Carbon AR2, 75 FR at 70209 and 70211.
    \23\ See Administrative Review of Certain Frozen Warmwater 
Shrimp From the People's Republic of China: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 76 FR 
51940 and 51942 (Dep't of Commerce August 19, 2011) where the 
Department used the PRC-Wide Rate from the previous 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.\24\ Since the 
Preliminary Results, none of the companies which did not file separate 
rate applications or certifications submitted comments regarding these 
findings. Therefore, we continue to treat these entities as part of the 
PRC-wide entity.
---------------------------------------------------------------------------

    \24\ The companies considered part of the PRC-Wide entity are: 
AmeriAsia Advanced Activated Carbon Products Co., Ltd.; Jiangxi 
Hansom Import Export Co.; Langfang Winfield Filtration Co.; Mindong 
Lianyi Group; and Ningxia Guanghua A/C Co., Ltd.
---------------------------------------------------------------------------

Final Results of Review

    The dumping margins for the POR are as follows:

      Certain Activated Carbon From the People's Republic of China
------------------------------------------------------------------------
                  Exporter                              Margin
------------------------------------------------------------------------
Jacobi Carbons AB \25\.....................  $0.00/kg
Calgon Carbon (Tianjin) Co. Ltd............  0.00/kg
Ningxia Huahui Activated Carbon Co., Ltd...  0.44/kg
Datong Municipal Yunguang Activated Carbon   0.28/kg
 Co., Ltd.
Ningxia Guanghua Cherishmet Activated        0.28/kg
 Carbon Co., Ltd.\26\
Shanxi DMD Corporation.....................  0.28/kg
Shanxi Industry Technology Trading Co., Ltd  0.28/kg
Shanxi Sincere Industrial Co., Ltd.........  0.28/kg
Tangshan Solid Carbon Co., Ltd.............  0.28/kg
Tianjin Maijin Industries Co., Ltd.........  0.28/kg
PRC-Wide rate \27\.........................  2.42/kg
------------------------------------------------------------------------

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

    \25\ In the Preliminary Results, we found that Jacobi Carbons 
Industry (Tianjin) (``JCC'') and Tianjin Jacobi International 
Trading Co. Ltd. (``Tianjin Jacobi'') both act as export 
facilitators for Jacobi Carbons AB. See Preliminary Results, 76 FR 
at 23990. Therefore, as we have done in earlier segments of this 
antidumping duty order, we are continuing to find it appropriate 
that Jacobi Carbons AB, Tianjin Jacobi and JCC to receive the 
antidumping duty rate assigned to Jacobi Carbons AB.
    \26\ As stated above, GHC is a single entity with Beijing 
Pacific and Ningxia Guanghua Activated Carbon Co., Ltd. 
Additionally, in a previous review, the Department found that 
Cherishmet Inc. is affiliated with GHC. See Carbon AR1, 74 FR at 
57996 n.2. However, Cherishment Inc. has not been found to be part 
of the single entity involving Beijing Pacific, GHC, and Ningxia 
Guanghua Activated Carbon Co., Ltd. See Memorandum to The File, from 
Robert Palmer, Case Analyst, through Catherine Bertrand, Program 
Manager; regarding First Antidumping Duty Administrative Review of 
Certain Activated Carbon from the People's Republic of China: 
Affiliation Memorandum of Ningxia Guanghua Cherishmet Activated 
Carbon Co., Ltd., dated April 30, 2009.
    \27\ As discussed in the Separate Rates and PRC-Wide Entity 
sections of this notice, the PRC-Wide entity includes AmeriAsia 
Advanced Activated Carbon Products Co., Ltd.; Jiangxi Hansom Import 
Export Co.; Langfang Winfield Filtration Co.; Mindong Lianyi Group; 
and Ningxia Guanghua A/C Co., Ltd.
---------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(2)(A) of the Act and 19 
CFR 351.212(b). We have calculated importer-specific duty assessment 
rates on a per-unit basis.\28\ As the Department stated in the most 
recent administrative review,\29\ we will continue to direct CBP to 
assess importer-specific assessment rates based on the resulting per-
unit (i.e., per-kilogram) rates by the weight in kilograms of each 
entry of the subject merchandise during the POR. The Department intends 
to issue appropriate assessment instructions directly to CBP 15 days 
after publication of the final results of this administrative review.
---------------------------------------------------------------------------

    \28\ We divided the total dumping margins (calculated as the 
difference between normal value and export price or constructed 
export price) for each importer by the total quantity of subject 
merchandise sold to that importer during the POR to calculate a per-
unit assessment amount.
    \29\ See Carbon AR2, 75 FR at 70211.
---------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC 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 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; (2) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate established in the final results of this review (i.e., $2.42 
per kilogram); and (3) 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.

Notification to Importers

    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

[[Page 67146]]

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 order (``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: October 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

General Issues

    Comment 1: Assignment of the Separate Rate.
    Comment 2: Ad Valorem Deposit Rates.
    Comment 3: Zeroing.
    Comment 4: Surrogate Values:
    a. Energy Coal.
    b. Carbonized Material.
    c. Surrogate Financial Ratios.
    d. Labor Rate
    Comment 5: Issues Regarding CCT:
    a. Hydrochloric Acid Purity Level Adjustment.
    b. Freight Cost Calculation.
    c. Plastic Wrapping Weight Conversions.
    d. Raw Material Reporting by CCT and JB.
    Comment 6: Issues Regarding Jacobi
    a. Brokerage and Handling.
    b. Adverse Facts Available for NXGH's Water Usage.

[FR Doc. 2011-28158 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-DS-P