Certain Activated Carbon From the People's Republic of China; 2011-2012; Partial Rescission of the Fifth Antidumping Duty Administrative Review, 72824-72825 [2012-29531]

Download as PDF 72824 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices Section III.E is replaced with: III.E. Thirty days before the start of each quarter of each Export Limit Period (beginning with the first quarter, or January 1, 2013, through March 31, 2013), DOC shall calculate the new quarterly Reference Prices, based on the percentage increase or decrease in the weighted-average unit import values for hot-rolled steel from all countries not subject to antidumping duty orders or investigations over the most recent three months for which data is available, compared to the three preceding months. The source of the unit import values will be publicly-available import statistics from the U.S. Bureau of the Census (International Trade Commission’s Dataweb). DOC will provide The Economy Ministry of Russia with the worksheets supporting its calculation of the quarterly Reference Prices at the time it provides the Reference Prices to The Economy Ministry of Russia. For the first calculation only, i.e., for the quarterly reference prices effective for January 1, 2013, through March 31, 2013, the Department shall delay issuance of the reference prices to The Economy Ministry of Russia until the U.S. Bureau of the Census releases data for October 2012 which shall be incorporated into this calculation. Signed in Washington, DC, on November 30, 2012. For the United States Department of Commerce: Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. For the Ministry of Economic Development of the Russian Federation: Rinat M. Dosmukhamedov, Trade Representative of the Russian Federation in the USA. [FR Doc. 2012–29537 Filed 12–5–12; 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; 2011– 2012; Partial Rescission of the Fifth Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 29, 2012, the Department of Commerce (‘‘the Department’’) published a notice of initiation of an administrative review of the antidumping duty order on certain mstockstill on DSK4VPTVN1PROD with AGENCY: VerDate Mar<15>2010 16:42 Dec 05, 2012 Jkt 229001 activated carbon from the People’s Republic of China (‘‘PRC’’) based on multiple timely requests for an administrative review. The review covers 187 companies. Based on a withdrawal of the requests for review of certain companies from Calgon Carbon Corporation and Norit Americas Inc. (‘‘Petitioners’’), we are now rescinding this administrative review with respect to two companies. DATES: Effective Date: December 6, 2012. FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–9068. Background In April 2012, the Department received multiple timely requests to conduct an administrative review of the antidumping duty order on certain activated carbon from the PRC (‘‘the Order’’). Based upon these requests, on May 29, 2012, the Department published a notice of initiation of an administrative review of the Order covering the period April 1, 2011, to March 31, 2012.1 The Department initiated the administrative review with respect to 187 companies.2 On August 27, 2012, Petitioners withdrew their request for an administrative review on Shanxi Xuanzhong Chemical Industry Co., Ltd. (‘‘Xuanzhong’’) and Xi’an Shuntong International Trade & Industrials Co., Ltd. (‘‘Xi’an’’).3 Petitioners were the only party to request a review of these companies. Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 77 FR 31568, 31570 (May 29, 2012) (‘‘Initiation Notice’’). 2 See id. 3 Petitioners also withdrew their request for review of Calgon Carbon (Tianjin) Co., Ltd. (‘‘Calgon’’). However, Albemarle Corporation also has submitted a request for an administrative review of Calgon in the current proceeding. See Letter from Albemarle Corporation, dated April 30, 2012. Additionally, we note that there are additional companies for which all review requests were withdrawn within the 90 day period. See Letter to the Department from Petitioners, Re: Certain Activated Carbon from the People’s Republic of China: Petitioners’ Withdrawal of Certain Requests for Administrative Review, dated August 27, 2012. These additional companies for which all review requests were withdrawn do not have a separate rate from a prior segment of this proceeding. We intend to address the disposition of these companies in the preliminary results of this review. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 the request within 90 days of the date of publication of notice of initiation of the requested review. Petitioners’ requests for review of Xuanzhong and Xi’an were withdrawn within the 90day period. Because Petitioners’ requests for review were timely withdrawn and because no other party requested a review of Xuanzhong and Xi’an, in accordance with 19 CFR 351.213(d)(1), we are partially rescinding this review with respect to Xuanzhong and Xi’an. Assessment Rates The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries.4 Because Xuanzhong and Xi’an have a separate rate from a prior segment of this proceeding, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a final reminder to importers for whom this review is being rescinded, as of the publication date of this notice, 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding 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 4 See E:\FR\FM\06DEN1.SGM 19 CFR 351.212(b)(1). 06DEN1 72825 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: November 30, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–29531 Filed 12–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–844] Narrow Woven Ribbons With Woven Selvedge From Taiwan: Final Results of Antidumping Duty Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. AGENCY: On June 4, 2012, the Department of Commerce (the Department) published the preliminary results of the first administrative review of the antidumping duty order on narrow woven ribbons with woven selvedge (narrow woven ribbons) from Taiwan. The period of review (POR) is September 1, 2010, through August 31, 2011. Based on our analysis of the comments received we have made no changes to the dumping margin assigned to Hubschercorp, the sole respondent in this administrative review. Therefore, the final results do not differ from the preliminary results. The final dumping margin for Hubschercorp is listed below in the section entitled ‘‘Final Results of Review.’’ SUMMARY: Effective Date: December 6, 2012. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482–3874. DATES: SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with Background This review covers one exporter, Hubschercorp. On June 4, 2012, the Department published in the Federal Register the preliminary results of administrative review of the VerDate Mar<15>2010 16:42 Dec 05, 2012 Jkt 229001 antidumping duty order on narrow woven ribbons from Taiwan.1 In July 2012, we received a case brief from Hubschercorp (the respondent) and a rebuttal brief from Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, Inc. (collectively, the petitioner). In September 2012, the Department held a public hearing at the request of Hubschercorp. Also in September 2012, the Department extended the deadline for these final results until December 1, 2012. As explained in the memorandum from the Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 29, through October 30, 2012. Thus, all deadlines in this segment of the proceeding have been extended by two days. The revised deadline for the final results of this administrative review is now December 3, 2012.2 The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The scope of the order covers narrow woven ribbons with woven selvedge. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also may enter under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in Narrow Woven Ribbons With Woven Selvedge From Taiwan and the People’s Republic of China: Amended Antidumping Duty Orders, 75 FR 56982 (September 17, 2010), remains dispositive. 1 See Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 77 FR 32938 (June 4, 2012) (Preliminary Results). 2 See Memorandum to the Record from Paul Piquado, Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Hurricane Sandy,’’ dated October 31, 2012. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Period of Review The POR is September 1, 2010, through August 31, 2011. Use of Facts Otherwise Available and Adverse Facts Available (AFA) In the Preliminary Results, we determined that, due to Hubschercorp’s lack of cooperation in the review, in accordance with section 776(a)(2)(A) of the Act, the use of facts available with an adverse inference was appropriate as the basis for the dumping margin for Hubschercorp. See Preliminary Results, 77 FR at 32940. Having considered the arguments raised by the parties in the case and rebuttal briefs, we continue to find that the application of AFA is warranted, and have assigned to Hubschercorp a dumping margin of 137.20 percent. See the Issues and Decision Memorandum accompanying these final results. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this administrative review are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum, which is adopted by this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/ ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made no changes to the margin assigned to Hubschercorp. For further discussion, see the Issues and Decision Memorandum. Final Results of Review We determine that the following dumping margin exists for the period September 1, 2010, through August 31, 2011: Manufacturer/exporter Hubschercorp ............................... E:\FR\FM\06DEN1.SGM 06DEN1 Percent margin 137.20

Agencies

[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72824-72825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29531]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China; 
2011-2012; Partial Rescission of the Fifth Antidumping Duty 
Administrative Review

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

SUMMARY: On May 29, 2012, the Department of Commerce (``the 
Department'') published a notice of initiation of an administrative 
review of the antidumping duty order on certain activated carbon from 
the People's Republic of China (``PRC'') based on multiple timely 
requests for an administrative review. The review covers 187 companies. 
Based on a withdrawal of the requests for review of certain companies 
from Calgon Carbon Corporation and Norit Americas Inc. 
(``Petitioners''), we are now rescinding this administrative review 
with respect to two companies.

DATES: Effective Date: December 6, 2012.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-9068.

Background

    In April 2012, the Department received multiple timely requests to 
conduct an administrative review of the antidumping duty order on 
certain activated carbon from the PRC (``the Order''). Based upon these 
requests, on May 29, 2012, the Department published a notice of 
initiation of an administrative review of the Order covering the period 
April 1, 2011, to March 31, 2012.\1\ The Department initiated the 
administrative review with respect to 187 companies.\2\ On August 27, 
2012, Petitioners withdrew their request for an administrative review 
on Shanxi Xuanzhong Chemical Industry Co., Ltd. (``Xuanzhong'') and 
Xi'an Shuntong International Trade & Industrials Co., Ltd. 
(``Xi'an'').\3\ Petitioners were the only party to request a review of 
these companies.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
31568, 31570 (May 29, 2012) (``Initiation Notice'').
    \2\ See id.
    \3\ Petitioners also withdrew their request for review of Calgon 
Carbon (Tianjin) Co., Ltd. (``Calgon''). However, Albemarle 
Corporation also has submitted a request for an administrative 
review of Calgon in the current proceeding. See Letter from 
Albemarle Corporation, dated April 30, 2012. Additionally, we note 
that there are additional companies for which all review requests 
were withdrawn within the 90 day period. See Letter to the 
Department from Petitioners, Re: Certain Activated Carbon from the 
People's Republic of China: Petitioners' Withdrawal of Certain 
Requests for Administrative Review, dated August 27, 2012. These 
additional companies for which all review requests were withdrawn do 
not have a separate rate from a prior segment of this proceeding. We 
intend to address the disposition of these companies in the 
preliminary results of this review.
---------------------------------------------------------------------------

Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. 
Petitioners' requests for review of Xuanzhong and Xi'an were withdrawn 
within the 90-day period. Because Petitioners' requests for review were 
timely withdrawn and because no other party requested a review of 
Xuanzhong and Xi'an, in accordance with 19 CFR 351.213(d)(1), we are 
partially rescinding this review with respect to Xuanzhong and Xi'an.

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries.\4\ 
Because Xuanzhong and Xi'an have a separate rate from a prior segment 
of this proceeding, antidumping duties shall be assessed at rates equal 
to the cash deposit of estimated antidumping duties required at the 
time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(2). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
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 the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.

Notification Regarding 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

[[Page 72825]]

and terms of an APO is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: November 30, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-29531 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P

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