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]
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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).
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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
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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’’).
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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.
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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).
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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 https://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
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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.
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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
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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’’).
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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
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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
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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 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.;
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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
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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]
-----------------------------------------------------------------------
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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 https://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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
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\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.
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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.
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\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.
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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
