Certain Activated Carbon From the People's Republic of China; 2010-2011; Final Results of Antidumping Duty Administrative Review, 67337-67340 [2012-27423]

Download as PDF Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Notices Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). The Department intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. tkelley on DSK3SPTVN1PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice for all shipments of certain small diameter carbon and alloy seamless standard, line and pressure pipe from Romania entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Act: (1) The cash deposit rate for ArcelorMittal Tubular Products Roman S.A. will be 0.00 percent; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in the original less-thanfair-value investigation or previous reviews, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 13.06 percent, the all-others rate established in Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania, 65 FR 48963 (August 10, 2000). These cash deposit requirements shall remain in effect until further notice. Notifications This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance VerDate Mar<15>2010 17:34 Nov 08, 2012 Jkt 229001 with 19 CFR 351.305(a)(3). Timely notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 2, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–27439 Filed 11–8–12; 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; 2010– 2011; Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) published its Preliminary Results of the antidumping duty order on certain activated carbon from the People’s Republic of China (‘‘PRC’’) on May 4, 2012,1 and 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 these final results and partial rescission of antidumping duty administrative review. The final dumping margins are listed below in the ‘‘Final Results of the Reviews’’ section of this notice. The period of review (‘‘POR’’) is April 1, 2010, through March 31, 2011. DATES: Effective Date: November 9, 2012. FOR FURTHER INFORMATION CONTACT: Alan Ray, Javier Barrientos, or Emeka Chukwudebe, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5403, (202) 482–2243, or (202) 482– 0219, respectively. AGENCY: 1 See Certain Activated Carbon From the People’s Republic of China: Preliminary Results of the Fourth Antidumping Duty Administrative Review, and Intent To Rescind in Part, 77 FR 26496 (May 4, 2012) (‘‘Preliminary Results’’). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 67337 SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on May 4, 2012.2 The period of review (‘‘POR’’) is April 1, 2010, through March 31, 2011.3 In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on our Preliminary Results.4 On June 13, 2012, we received case briefs from Cherishmet, DJAC, Jacobi, CAC, Bright Future, and Shanxi DMD.5 On June 22, 2012, we received rebuttal briefs from Petitioners and Cherishmet.6 Scope of the Order The merchandise subject to the order is certain activated carbon.7 The products 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 remains dispositive.8 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the ‘‘Certain Activated Carbon from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Fourth Antidumping Duty Administrative Review,’’ dated concurrently with this notice (‘‘Issues & Decision Memo’’). A list of the issues which parties raised is attached to this notice as Appendix I. The Issues & Decision Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building, as well as electronically via Import Administration’s Antidumping 2 See id. id. at 26497. 4 See id. at 26506. 5 Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd., Ningxia Guanghua Activated Carbon Co., Ltd., (collectively, ‘‘Cherishmet’’); Datong Juqiang Activated Carbon Co., Ltd. (‘‘DJAC’’); Jacobi Carbons AB and its affiliates, Tianjin Jacobi International Trading Co. Ltd., Jacobi Carbons Industry (Tianjin) Co., Ltd., and Jacobi Carbons, Inc. (collectively, ‘‘Jacobi’’); Calgon Carbon Corp (‘‘CAC’’); Jilin Bright Future Chemicals Co., Ltd. (‘‘Bright Future’’); and Shanxi DMD Corporation (‘‘Shanxi DMD’’). 6 See Petitioners’ Rebuttal Brief, dated June 22, 2012 and Cherishmet’s Rebuttal Brief, dated June 22, 2012. 7 See Certain Activated Carbon from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Fourth Antidumping Duty Administrative Review,’’ dated concurrently with this notice for a complete description of the Scope of the Order. 8 See Notice of Antidumping Duty Order: Certain Activated Carbon from the People’s Republic of China, 72 FR 20988 (April 27, 2007). 3 See E:\FR\FM\09NON1.SGM 09NON1 67338 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Notices and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the CRU. In addition, a complete version of the Issues & Decision Memo can be accessed directly on the internet at http:// www.trade.gov/ia/. The signed Issues & Decision Memo and the electronic version of the Issues & Decision Memo are identical in content. Final Partial Rescission In the Preliminary Results, the Department preliminarily rescinded the review with respect to Shanxi Dapu International Trade Co., Ltd. (‘‘Dapu’’). This company reported that it had no shipments of subject merchandise to the United States during the POR, and our examination of shipment data from U.S. Customs and Border Protection (‘‘CBP’’) confirmed that there were no entries of subject merchandise made by this company during the POR.9 Subsequent to the Preliminary Results, the Department did not receive any comments or information indicating that Dapu made sales of subject merchandise to the United States during the POR. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative review with respect to Dapu. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have made certain revisions to the margin calculations for Jacobi, DJAC, and Cherishmet. For the reasons explained in the Issues & Decision Memo at Comment I, we have selected the Philippines as the primary surrogate country. We have also made other changes to the margin calculations of Cherishmet, DJAC, and Jacobi.10 Finally, the Surrogate Values Memo contains the further explanation of our changes to the surrogate values.11 Separate Rates In our Preliminary Results, we determined that the following companies met the criteria for separate rate status: Bright Future; Datong 9 See Preliminary Results, 77 FR at 26498. Comments II to VI of the Issues and Decision Memo and the company-specific analysis memoranda. 11 See Memorandum to the File, through Matthew Renkey, Acting Program Manager, AC/CVD Operations, Office 9, from Javier Barrientos, Senior Case Analyst, Alan Ray, Senior Case Analyst, and Emeka Chukwudebe, Case Analyst, AD/CVD Operations, Office 9, Certain Activated Carbon from the People’s Republic of China (‘‘PRC’’): Surrogate Values for the Final Results,’’ (October 31, 2012). tkelley on DSK3SPTVN1PROD with NOTICES 10 See VerDate Mar<15>2010 17:34 Nov 08, 2012 Jkt 229001 Municipal Yunguang Activated Carbon Co., Ltd.; Ningxia Mineral; Shanxi Sincere Industrial Co., Ltd.; Shanxi Industry Technology Trading Co., Ltd.; Tangshan Solid; and Tianjin Maijin Industries Co., Ltd.12 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, we also noted that CBP data reviewed by the Department does not show any reviewable entries of subject merchandise made during the POR by the third-country exporter, Adsorbent,13 an Indian activated carbon company. For these final results, we continue to find that the CBP data does not show any reviewable entries of subject merchandise made by Adsorbent during the POR and intend to refer this matter to CBP to investigate whether Adsorbent’s entries were entered properly. Rate for Non-Selected Companies In the Preliminary Results, and consistent with the Department’s practice,14 we assigned the separate rate companies a rate calculated using the ranged total sales quantities of the individually-reviewed respondents with margins above de minimis from the public versions of their submissions.15 For the final results, we continue to find this approach to be consistent with the intent of section 735(c)(5)(A) of the Act and our use of section 735(c)(5)(A) of the Act as guidance when we establish the rate for respondents not examined individually in an administrative review.16 See Decision Memo at Comment 3. Because the calculated net U.S. sales values for the individually-reviewed respondents with margins above de minimis are business-proprietary figures, we find that 1.04 U.S. Dollars/ 12 See Preliminary Results at 77 FR 26496. Carbons Pvt. Ltd., (‘‘Adsorbent’’). 14 See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 76 FR 56158, 56160 (September 12, 2011) (‘‘Vietnam Shrimp’’); see also Galvanized Steel Wire From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 77 FR 68407, 68415 (November 4, 2011) (‘‘Galvanized Wire LTFV’’). 15 See Jacobi Section A questionnaire response (Public Version) dated September 13, 2011, at Exhibit 4; see also Guanghua Cherishmet Public Version of Exhibit SA–1 for the Section A Response, dated August 19, 2011. 16 See Vietnam Shrimp, 76 FR at 56160; see also Galvanized Wire LTFV, 77 FR at 68415. 13 Adsorbent PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 kilogram (‘‘USD/kg’’), which we calculated using the publicly available figures of U.S. sales quantities for these firms, is the best reasonable proxy for the weighted-average margin based on the calculated U.S. sales quantities of these respondents.17 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.18 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.19 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.20 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. Final Results of the Review The dumping margins for the POR are as follows: 17 See ‘‘Memorandum to the File from Alan Ray, Case Analyst, Office 9, AD/CVD Operations, Re: Calculation of Separate Rate,’’ dated concurrently with this notice. 18 See Certain Activated Carbon From the People’s Republic of China: Final Results and Partial Rescission of Third Antidumping Duty Administrative Review, 76 FR 67142, 67145 (October 31, 2011). 19 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, 51942 (August 19, 2011) (where the Department used the PRC-Wide rate from the previous review). 20 The PRC-Wide entity includes Hebei Foreign Trade and Advertising Corporation; Jilin Province Bright Future Industry and Commerce Co., Ltd.; and United Manufacturing International (Beijing) Ltd. See Preliminary Results, 77 FR at 26501. 21 In the second administrative review of this order, the Department determined that it would calculate per-unit assessment and cash deposit rates for all future reviews. 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, 70210 (November 17, 2010). 22 In Activated Carbon AR3, the Department found Jacobi Carbons AB, Tianjin Jacobi International Trading Co. Ltd., and Jacobi Carbons Industry (Tianjin) are a single entity and, because there has been no change to this determination since the first administrative review, we continue to find these companies to be part of a single entity. Therefore, we will assign this rate to the companies in the single entity. See Certain Activated Carbon E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Notices 67339 Exporter Margin (dollars per kilogram) 21 Datong Juqiang Activated Carbon Co., Ltd. ................................................................................................................................ Jacobi Carbons AB 22 .................................................................................................................................................................. Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.23 .................................................................................................... Datong Municipal Yunguang Activated Carbon Co., Ltd. ........................................................................................................... Jilin Bright Future Chemicals Company, Ltd. .............................................................................................................................. Ningxia Mineral and Chemical Limited ........................................................................................................................................ Shanxi DMD Corporation ............................................................................................................................................................. Shanxi Sincere Industrial Co., Ltd. .............................................................................................................................................. Shanxi Industry Technology Trading Co., Ltd. ............................................................................................................................ Tangshan Solid Carbon Co., Ltd. ................................................................................................................................................ Tianjin Maijin Industries Co., Ltd. ................................................................................................................................................ PRC-Wide Rate 24 ....................................................................................................................................................................... 0.00 0.44 2.11 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 2.42 Cash Deposit Requirements Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. For assessment purposes, we calculated importer (or customer)specific assessment rates for merchandise subject to this review. As the Department stated in the most recent administrative review,25 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. Specifically, we calculated importerspecific duty assessment rates on a perunit rate basis by dividing the total dumping margins (calculated as the difference between normal value and export price or constructed export price) for each importer by the total sales quantity of subject merchandise sold to that importer during the POR. If an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer’s) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). tkelley on DSK3SPTVN1PROD with NOTICES Assessment Rates 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 by section 751(a)(2)(C) of the Act: (1) For Jacobi, DJAC, Cherishmet, and the Separate Rate Respondents, the cash deposit rate will be their respective rates established in the final results of this review, except if the rate is zero or de minimis no cash deposit will be required; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-Wide rate of $2.42 per kilogram; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. From the People’s Republic of China: Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review, 76 FR 67142, 67145 n.25 (October 31, 2011) (‘‘Activated Carbon AR3’’). 23 In Activated Carbon AR1, the Department found Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd., and Ningxia Guanghua Activated Carbon Co., Ltd. are a single entity and, because there has been no change to this determination since the first administrative review, we continue to find these companies to be part of a single entity. Therefore, we will assign this rate to the companies in the single entity. See Certain Activated Carbon From the People’s Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review and Extension of Time Limits for the Final Results, 74 FR 21317 (May 7, 2009), unchanged in First Administrative Review of Certain Activated Carbon from the People’s VerDate Mar<15>2010 17:34 Nov 08, 2012 Jkt 229001 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Notification to Importers Regarding The Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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. Republic of China: Final Results of Antidumping Duty Administrative Review, 74 FR 57995, 57996 n.2 (November 10, 2009). 24 As discussed above in this notice, the PRCWide entity includes Hebei Foreign Trade and Advertising Corporation; Jilin Province Bright Future Industry and Commerce Co., Ltd.; and United Manufacturing International (Beijing) Ltd. 25 Activated Carbon AR3, 76 FR at 67145. E:\FR\FM\09NON1.SGM 09NON1 67340 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Notices Dated: November 2, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix I—Issues & Decision Memorandum General Issues COMMENT I: SELECTION OF SURROGATE COUNTRY A. Economic Comparability B. Significant Producer of the Comparable Merchandise C. Data Considerations A. Anthracite Coal B. Bituminous Coal C. Carbonized Material D. Hydrochloric Acid E. Labor F. Financial Ratios COMMENT II: CALCULATION OF THE SEPARATE RATE COMMENT III: MISCELLANEOUS SURROGATE VALUES A. ELECTRICITY B. SALT C. BUCKLES COMMENT IV: PER-UNIT ASSESSMENT/ DUTY ABSORPTION Company-Specific Issues COMMENT V: VALUATION OF JACOBI’S CONSUMPTION OF BITUMINOUS COAL FOR HEATING COMMENT VI: VALUATION OF JACOBI’S CONSUMPTION OF STEAM COAL INPUT COMMENT VII: CALCULATION OF FREIGHT FOR CERTAIN PACKING INPUTS COMMENT VIII: CALCULATION OF JACOBI’S TRANSPORT BAGS IN NORMAL VALUE COMMENT IX: DO NOT USE AN ADJUSTMENT FOR DIRECT LABOR AND ELECTRICITY FOR CHERISHMET [FR Doc. 2012–27423 Filed 11–8–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Fire Codes: Request for Comments on NFPA’s Codes and Standards National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology (NIST) is publishing this notice on behalf of the National Fire Protection Association (NFPA) to announce the availability of and request comments on the technical reports that will be reporting in the NFPA’s 2013 Fall Revision Cycle. DATES: Sixteen First Draft Reports are published on the NFPA Web site at http://www.nfpa.org/FDRSDR. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:34 Nov 08, 2012 Jkt 229001 Comments received by 5:00 p.m. EST/ EDST on November 16, 2012 will be considered by the respective NFPA Committees before final action is taken on the comments. ADDRESSES: The 2013 Fall Revision Cycle First Draft Reports are available and downloadable from NFPA’s Web site at http://www/nfpa.org/FDRSDR. Comments can be submitted online by going to link above. FOR FURTHER INFORMATION CONTACT: Amy Beasley Cronin, Secretary, Standards Council, NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169–7471, (617) 770– 3000. David F. Alderman, NIST, 100 Bureau Drive, MS 2100, Gaithersburg, MD 20899, email: david.alderman@nist.gov or by phone at 301–975–4019. SUPPLEMENTARY INFORMATION: Since 1896, the National Fire Protection Association (NFPA) has accomplished its mission by advocating consensus codes and standards, research, training, and education for safety related issues. NFPA’s National Fire Codes®, which holds over 295 documents, are administered by more than 240 Technical Committees comprised of approximately 7,600 volunteers and are adopted and used throughout the world. NFPA is a nonprofit membership organization with approximately 70,000 members from over 100 nations, all working together to fulfill the Association’s mission. The NFPA process provides ample opportunity for public participation in the development of its codes and standards. All NFPA codes and standards are revised and updated every three to five years in Revision Cycles that begin twice each year and take approximately two years to complete. Each Revision Cycle proceeds according to a published schedule that includes final dates for all major events in the process. The Code Revision Process contains four basic steps that are followed for developing new documents as well as revising existing documents. Step 1: Public Input Stage, which results in the First Draft Report (formerly ROP); Step 2: Comment Stage, which results in the Second Draft Report (formerly ROC); Step 3: the Association Technical Meeting at the NFPA Conference & Expo; and Step 4: Standards Council consideration and issuance of documents. Note: Anyone wishing to make Amending Motions on the Second Draft Reports (formerly ROP and ROC) must signal his or her intention by submitting a Notice of Intent to Make a Motion by the Deadline of 5:00 p.m. EST/EDST on or before August 23, 2013. Certified motions will be posted by October 18, 2013. Documents that receive notice of PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 proper Amending Motions (Certified Amending Motions) will be presented for action at the annual June 2014 Association Technical Meeting. Documents that receive no motions will be forwarded directly to the Standards Council for action on issuance. For more information on these new rules and for up-to-date information on schedules and deadlines for processing NFPA Documents, check the NFPA Web site at www.nfpa.org, or contact NFPA Codes and Standards Administration. The purpose of this notice is to request comments on the First Draft Report for the NFPA’s 2013 Fall Revision Cycle. The publication of this notice by the National Institute of Standards and Technology (NIST) on behalf of NFPA is being undertaken as a public service; NIST does not necessarily endorse, approve, or recommend any of the standards referenced in the notice. Background The National Fire Protection Association (NFPA) develops building, fire, and electrical safety codes and standards. Federal agencies frequently use these codes and standards as the basis for developing Federal regulations concerning safety. Often, the Office of the Federal Register approves the incorporation by reference of these standards under 5 U.S.C. 552(a) and 1 CFR Part 51. Request for Comments Interested persons may participate in these revisions by submitting written data, views, or arguments to Amy Beasley Cronin, Secretary, Standards Council, NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169–7471. Commenters may go to the NFPA Web site at http://www.nfpa.org/FDRSDR. Each person submitting a comment should include his or her name and address, identify the notice, and give reasons for any recommendations. Comments received by 5:00 p.m. EST/ EDST on November 16, 2012 for the 2013 Fall Revision Cycle First Draft Reports will be considered by the NFPA before final action is taken on the First Draft Reports. Copies of all written comments received and the disposition of those comments by the NFPA committees will be published as the 2013 Fall Revision Cycle Second Draft Reports and will be available on the NFPA Web site at http://www.nfpa.org/FDRSDR. 2013 Fall Revision Cycle First Draft Reports (P = Partial revision; W = Withdrawal; N = New) E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67337-67340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27423]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China; 
2010-2011; Final Results of Antidumping Duty Administrative Review

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

SUMMARY: The Department of Commerce (``the Department'') published its 
Preliminary Results of the antidumping duty order on certain activated 
carbon from the People's Republic of China (``PRC'') on May 4, 2012,\1\ 
and 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 
these final results and partial rescission of antidumping duty 
administrative review. The final dumping margins are listed below in 
the ``Final Results of the Reviews'' section of this notice. The period 
of review (``POR'') is April 1, 2010, through March 31, 2011.
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    \1\ See Certain Activated Carbon From the People's Republic of 
China: Preliminary Results of the Fourth Antidumping Duty 
Administrative Review, and Intent To Rescind in Part, 77 FR 26496 
(May 4, 2012) (``Preliminary Results'').

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DATES: Effective Date: November 9, 2012.

FOR FURTHER INFORMATION CONTACT: Alan Ray, Javier Barrientos, or Emeka 
Chukwudebe, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-5403, (202) 482-2243, or (202) 482-0219, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Results on May 4, 2012.\2\ 
The period of review (``POR'') is April 1, 2010, through March 31, 
2011.\3\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results.\4\ On June 13, 2012, we 
received case briefs from Cherishmet, DJAC, Jacobi, CAC, Bright Future, 
and Shanxi DMD.\5\ On June 22, 2012, we received rebuttal briefs from 
Petitioners and Cherishmet.\6\
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    \2\ See id.
    \3\ See id. at 26497.
    \4\ See id. at 26506.
    \5\ Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd., Ningxia Guanghua 
Activated Carbon Co., Ltd., (collectively, ``Cherishmet''); Datong 
Juqiang Activated Carbon Co., Ltd. (``DJAC''); Jacobi Carbons AB and 
its affiliates, Tianjin Jacobi International Trading Co. Ltd., 
Jacobi Carbons Industry (Tianjin) Co., Ltd., and Jacobi Carbons, 
Inc. (collectively, ``Jacobi''); Calgon Carbon Corp (``CAC''); Jilin 
Bright Future Chemicals Co., Ltd. (``Bright Future''); and Shanxi 
DMD Corporation (``Shanxi DMD'').
    \6\ See Petitioners' Rebuttal Brief, dated June 22, 2012 and 
Cherishmet's Rebuttal Brief, dated June 22, 2012.
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Scope of the Order

    The merchandise subject to the order is certain activated 
carbon.\7\ The products 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 remains 
dispositive.\8\
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    \7\ See Certain Activated Carbon from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Fourth Antidumping Duty Administrative Review,'' dated concurrently 
with this notice for a complete description of the Scope of the 
Order.
    \8\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the ``Certain Activated Carbon from the People's Republic 
of China: Issues and Decision Memorandum for the Final Results of the 
Fourth Antidumping Duty Administrative Review,'' dated concurrently 
with this notice (``Issues & Decision Memo''). A list of the issues 
which parties raised is attached to this notice as Appendix I. The 
Issues & Decision Memo is a public document and is on file in the 
Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce building, as well as electronically via Import 
Administration's Antidumping

[[Page 67338]]

and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the CRU. In addition, a complete version of 
the Issues & Decision Memo can be accessed directly on the internet at 
http://www.trade.gov/ia/. The signed Issues & Decision Memo and the 
electronic version of the Issues & Decision Memo are identical in 
content.

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
the review with respect to Shanxi Dapu International Trade Co., Ltd. 
(``Dapu''). This company reported that it had no shipments of subject 
merchandise to the United States during the POR, and our examination of 
shipment data from U.S. Customs and Border Protection (``CBP'') 
confirmed that there were no entries of subject merchandise made by 
this company during the POR.\9\ Subsequent to the Preliminary Results, 
the Department did not receive any comments or information indicating 
that Dapu made sales of subject merchandise to the United States during 
the POR. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding 
the administrative review with respect to Dapu.
---------------------------------------------------------------------------

    \9\ See Preliminary Results, 77 FR at 26498.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
certain revisions to the margin calculations for Jacobi, DJAC, and 
Cherishmet. For the reasons explained in the Issues & Decision Memo at 
Comment I, we have selected the Philippines as the primary surrogate 
country. We have also made other changes to the margin calculations of 
Cherishmet, DJAC, and Jacobi.\10\ Finally, the Surrogate Values Memo 
contains the further explanation of our changes to the surrogate 
values.\11\
---------------------------------------------------------------------------

    \10\ See Comments II to VI of the Issues and Decision Memo and 
the company-specific analysis memoranda.
    \11\ See Memorandum to the File, through Matthew Renkey, Acting 
Program Manager, AC/CVD Operations, Office 9, from Javier 
Barrientos, Senior Case Analyst, Alan Ray, Senior Case Analyst, and 
Emeka Chukwudebe, Case Analyst, AD/CVD Operations, Office 9, Certain 
Activated Carbon from the People's Republic of China (``PRC''): 
Surrogate Values for the Final Results,'' (October 31, 2012).
---------------------------------------------------------------------------

Separate Rates

    In our Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: Bright Future; 
Datong Municipal Yunguang Activated Carbon Co., Ltd.; Ningxia Mineral; 
Shanxi Sincere Industrial Co., Ltd.; Shanxi Industry Technology Trading 
Co., Ltd.; Tangshan Solid; and Tianjin Maijin Industries Co., Ltd.\12\ 
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.
---------------------------------------------------------------------------

    \12\ See Preliminary Results at 77 FR 26496.
---------------------------------------------------------------------------

    Additionally, in the Preliminary Results, we also noted that CBP 
data reviewed by the Department does not show any reviewable entries of 
subject merchandise made during the POR by the third-country exporter, 
Adsorbent,\13\ an Indian activated carbon company. For these final 
results, we continue to find that the CBP data does not show any 
reviewable entries of subject merchandise made by Adsorbent during the 
POR and intend to refer this matter to CBP to investigate whether 
Adsorbent's entries were entered properly.
---------------------------------------------------------------------------

    \13\ Adsorbent Carbons Pvt. Ltd., (``Adsorbent'').
---------------------------------------------------------------------------

Rate for Non-Selected Companies

    In the Preliminary Results, and consistent with the Department's 
practice,\14\ we assigned the separate rate companies a rate calculated 
using the ranged total sales quantities of the individually-reviewed 
respondents with margins above de minimis from the public versions of 
their submissions.\15\ For the final results, we continue to find this 
approach to be consistent with the intent of section 735(c)(5)(A) of 
the Act and our use of section 735(c)(5)(A) of the Act as guidance when 
we establish the rate for respondents not examined individually in an 
administrative review.\16\ See Decision Memo at Comment 3.
---------------------------------------------------------------------------

    \14\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 76 FR 56158, 56160 
(September 12, 2011) (``Vietnam Shrimp''); see also Galvanized Steel 
Wire From the People's Republic of China: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 77 FR 68407, 68415 (November 4, 2011) (``Galvanized 
Wire LTFV'').
    \15\ See Jacobi Section A questionnaire response (Public 
Version) dated September 13, 2011, at Exhibit 4; see also Guanghua 
Cherishmet Public Version of Exhibit SA-1 for the Section A 
Response, dated August 19, 2011.
    \16\ See Vietnam Shrimp, 76 FR at 56160; see also Galvanized 
Wire LTFV, 77 FR at 68415.
---------------------------------------------------------------------------

    Because the calculated net U.S. sales values for the individually-
reviewed respondents with margins above de minimis are business-
proprietary figures, we find that 1.04 U.S. Dollars/kilogram (``USD/
kg''), which we calculated using the publicly available figures of U.S. 
sales quantities for these firms, is the best reasonable proxy for the 
weighted-average margin based on the calculated U.S. sales quantities 
of these respondents.\17\
---------------------------------------------------------------------------

    \17\ See ``Memorandum to the File from Alan Ray, Case Analyst, 
Office 9, AD/CVD Operations, Re: Calculation of Separate Rate,'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

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.\18\ 
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.\19\
---------------------------------------------------------------------------

    \18\ See Certain Activated Carbon From the People's Republic of 
China: Final Results and Partial Rescission of Third Antidumping 
Duty Administrative Review, 76 FR 67142, 67145 (October 31, 2011).
    \19\ 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, 51942 (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.\20\ 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.
---------------------------------------------------------------------------

    \20\ The PRC-Wide entity includes Hebei Foreign Trade and 
Advertising Corporation; Jilin Province Bright Future Industry and 
Commerce Co., Ltd.; and United Manufacturing International (Beijing) 
Ltd. See Preliminary Results, 77 FR at 26501.
---------------------------------------------------------------------------

Final Results of the Review

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

    \21\ In the second administrative review of this order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit rates for all future reviews. 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, 70210 (November 17, 2010).
    \22\ In Activated Carbon AR3, the Department found Jacobi 
Carbons AB, Tianjin Jacobi International Trading Co. Ltd., and 
Jacobi Carbons Industry (Tianjin) are a single entity and, because 
there has been no change to this determination since the first 
administrative review, we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Activated Carbon From 
the People's Republic of China: Final Results and Partial Rescission 
of the Third Antidumping Duty Administrative Review, 76 FR 67142, 
67145 n.25 (October 31, 2011) (``Activated Carbon AR3'').
    \23\ In Activated Carbon AR1, the Department found Beijing 
Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd., and Ningxia Guanghua 
Activated Carbon Co., Ltd. are a single entity and, because there 
has been no change to this determination since the first 
administrative review, we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Activated Carbon From 
the People's Republic of China: Notice of Preliminary Results of the 
Antidumping Duty Administrative Review and Extension of Time Limits 
for the Final Results, 74 FR 21317 (May 7, 2009), unchanged in First 
Administrative Review of Certain Activated Carbon from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, 74 FR 57995, 57996 n.2 (November 10, 2009).
    \24\ As discussed above in this notice, the PRC-Wide entity 
includes Hebei Foreign Trade and Advertising Corporation; Jilin 
Province Bright Future Industry and Commerce Co., Ltd.; and United 
Manufacturing International (Beijing) Ltd.

[[Page 67339]]



------------------------------------------------------------------------
                                                     Margin (dollars per
                      Exporter                          kilogram) \21\
------------------------------------------------------------------------
Datong Juqiang Activated Carbon Co., Ltd...........                0.00
Jacobi Carbons AB \22\.............................                0.44
Ningxia Guanghua Cherishmet Activated Carbon Co.,                  2.11
 Ltd.\23\..........................................
Datong Municipal Yunguang Activated Carbon Co.,                    1.04
 Ltd...............................................
Jilin Bright Future Chemicals Company, Ltd.........                1.04
Ningxia Mineral and Chemical Limited...............                1.04
Shanxi DMD Corporation.............................                1.04
Shanxi Sincere Industrial Co., Ltd.................                1.04
Shanxi Industry Technology Trading Co., Ltd........                1.04
Tangshan Solid Carbon Co., Ltd.....................                1.04
Tianjin Maijin Industries Co., Ltd.................                1.04
PRC-Wide Rate \24\.................................                2.42
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. As 
the Department stated in the most recent administrative review,\25\ 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. Specifically, we calculated importer-specific duty assessment 
rates on a per-unit rate basis by dividing the total dumping margins 
(calculated as the difference between normal value and export price or 
constructed export price) for each importer by the total sales quantity 
of subject merchandise sold to that importer during the POR. If an 
importer (or customer)-specific assessment rate is de minimis (i.e., 
less than 0.50 percent), the Department will instruct CBP to assess 
that importer (or customer's) entries of subject merchandise without 
regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    \25\ Activated Carbon AR3, 76 FR at 67145.
---------------------------------------------------------------------------

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 by section 751(a)(2)(C) of the Act: (1) For Jacobi, DJAC, 
Cherishmet, and the Separate Rate Respondents, the cash deposit rate 
will be their respective rates established in the final results of this 
review, except if the rate is zero or de minimis no cash deposit will 
be required; (2) for previously investigated or reviewed PRC and non-
PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-Wide rate of $2.42 per 
kilogram; and (4) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporters that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

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).

Notification to Importers Regarding The Reimbursement of Duties

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

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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.


[[Page 67340]]


    Dated: November 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--Issues & Decision Memorandum

General Issues

COMMENT I: SELECTION OF SURROGATE COUNTRY
    A. Economic Comparability
    B. Significant Producer of the Comparable Merchandise
    C. Data Considerations
 A. Anthracite Coal
 B. Bituminous Coal
 C. Carbonized Material
 D. Hydrochloric Acid
 E. Labor
 F. Financial Ratios
COMMENT II: CALCULATION OF THE SEPARATE RATE
COMMENT III: MISCELLANEOUS SURROGATE VALUES
    A. ELECTRICITY
    B. SALT
    C. BUCKLES
COMMENT IV: PER-UNIT ASSESSMENT/DUTY ABSORPTION

Company-Specific Issues

COMMENT V: VALUATION OF JACOBI'S CONSUMPTION OF BITUMINOUS COAL FOR 
HEATING
COMMENT VI: VALUATION OF JACOBI'S CONSUMPTION OF STEAM COAL INPUT
COMMENT VII: CALCULATION OF FREIGHT FOR CERTAIN PACKING INPUTS
COMMENT VIII: CALCULATION OF JACOBI'S TRANSPORT BAGS IN NORMAL VALUE
COMMENT IX: DO NOT USE AN ADJUSTMENT FOR DIRECT LABOR AND 
ELECTRICITY FOR CHERISHMET

[FR Doc. 2012-27423 Filed 11-8-12; 8:45 am]
BILLING CODE 3510-DS-P