Certain Activated Carbon From the People's Republic of China: Continuation of Antidumping Duty Order, 16654-16655 [2013-06033]

Download as PDF 16654 Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have a separate rate, 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 118.04 percent; 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 nonPRC exporter. The 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. pmangrum on DSK3VPTVN1PROD with NOTICES 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 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. 15:16 Mar 15, 2013 Jkt 229001 Dated: March 5, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I—Issues and Decision Memorandum General Issues Comment 1: Selection of Surrogate Country A. Economic Comparability B. Significant Producer C. Reliability of Data from Ukraine D. Data Considerations a. Parties’ Contentions: Surrogate Financial Ratios b. Parties’ Contentions: Steel Plate c. Parties’ Contentions: Steel Wire Rod d. Parties’ Contentions: Labor Comment 2: Calculation Adjustments to the Surrogate Financial Ratios A. L.S. Industry B. Bangkok Fastening Comment 3: Miscellaneous Surrogate Values A. Hot-Dipped Galvanized Wire B. Metal Dies C. Zinc Chloride D. Sodium Chloride E. Sodium Sulfate F. Ammonium Citrate G. Plastic Quick Lock Tags H. Volatile Anti-Corrosion Paper I. Borax Powder J. Chemical-based Nail Coating K. Glass Balls L. Hydrochloric Acid M. Sodium Bicarbonate N. Trisodium Phosphate O. Corrugated Cardboard Tray P. Plastic Core Q. Plastic Strapping R. Brokerage and Handling Respondent-Specific Issues Comment 5: Application of Partial Adverse Facts Available To Hongli’s Factors of Production(‘‘Fop’’) Comment 6: Reporting of Stanley’s Movement Costs Comment 7: Stanley’s Inland Freight [FR Doc. 2013–06173 Filed 3–15–13; 8:45 am] BILLING CODE 3510–DS–P PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–570–904] Certain Activated Carbon From the People’s Republic of China: Continuation of Antidumping Duty Order Comment 4: Valuation of Hongli’s Dies Administrative Protective Order VerDate Mar<14>2013 We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on certain activated carbon from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. DATES: Effective Date: March 18, 2013. FOR FURTHER INFORMATION: 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. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2012, the Department initiated a sunset review of the antidumping duty order on certain activated carbon from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 As a result of its review, the Department determined that revocation of the antidumping duty order on certain activated carbon from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.2 On March 1, 2013, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on certain activated carbon from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 77 FR 12562 (March 1, 2012). 2 See Certain Activated Carbon From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 77 FR 33420 (June 6, 2012). 3 See Certain Activated Carbon from China: Determination, 78 FR 13894 (March 1, 2013); see Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1 pmangrum on DSK3VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices 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 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 also Certain Activated Carbon from China: Investigation No. 731–TA–1103 USITC Publication 4381 (February 2013). VerDate Mar<14>2013 15:16 Mar 15, 2013 Jkt 229001 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. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on certain activated carbon from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (‘‘sunset’’) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 16655 Dated: March 11, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–06033 Filed 3–15–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Draft Damage Assessment, Restoration Plan and Environmental Assessment for the T/B DBL 152 Oil Spill in the Gulf of Mexico National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Availability of a Draft Damage Assessment and Restoration Plan and Environmental Assessment for the T/B DBL 152 Oil Spill in the Gulf of Mexico, Request for Comments. AGENCY: NOAA, the Natural Resource Trustee for this incident has written a Draft Damage Assessment and Restoration Plan and Environmental Assessment (Draft DARP/EA) that describes proposed alternatives for restoring natural resource injuries resulting from the November 11, 2005, T/B DBL 152 oil spill in the Gulf of Mexico. The purpose of this notice is to inform the public of the availability of the Draft DARP/EA and to seek written comments on the proposed restoration alternative. FOR FURTHER INFORMATION CONTACT: Chris Plaisted, NOAA/GCNR, 501 W. Ocean Blvd., Suite 4470, Long Beach, CA 90802, 562–980–4080. Written comments on the Draft DARP/ EA should be submitted to: Chris Plaisted, NOAA/GCNR, FAX: 562–980– 4065. Alternatively, comments may be submitted electronically at www.regulations.gov (Docket I.D.: NOAA–NMFS–2013–0034). All comments received, including names and addresses will become a part of the administrative record. The Draft DARP/EA is available at: http://www.darrp.noaa.gov/southeast/ dbl152/admin.html. Comments on the Draft DARP/EA must be submitted in writing on or before April 15, 2013. SUPPLEMENTARY INFORMATION: On November 11, 2005, while en route from Houston, Texas, to Tampa, Florida, the integrated tug-barge unit comprised of the tugboat ‘‘Rebel’’ and the double-hull Tank Barge (T/B) DBL 152 struck the submerged remains of a pipeline service platform in the Gulf of Mexico that collapsed during Hurricane Rita. An SUMMARY: E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16654-16655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06033]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on certain 
activated carbon from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty order.

DATES: Effective Date: March 18, 2013.

FOR FURTHER INFORMATION: 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.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2012, the Department initiated a sunset review of the 
antidumping duty order on certain activated carbon from the PRC, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ As a result of its review, the Department determined that 
revocation of the antidumping duty order on certain activated carbon 
from the PRC would likely lead to a continuation or recurrence of 
dumping and, therefore, notified the ITC of the magnitude of the 
margins likely to prevail should the order be revoked.\2\ On March 1, 
2013, the ITC published its determination, pursuant to section 751(c) 
of the Act, that revocation of the antidumping duty order on certain 
activated carbon from the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 12562 
(March 1, 2012).
    \2\ See Certain Activated Carbon From the People's Republic of 
China: Final Results of the Expedited Sunset Review of the 
Antidumping Duty Order, 77 FR 33420 (June 6, 2012).
    \3\ See Certain Activated Carbon from China: Determination, 78 
FR 13894 (March 1, 2013); see also Certain Activated Carbon from 
China: Investigation No. 731-TA-1103 USITC Publication 4381 
(February 2013).

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[[Page 16655]]

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 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.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
order on certain activated carbon from the PRC. U.S. Customs and Border 
Protection will continue to collect antidumping duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the order will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year (``sunset'') review and this notice are in 
accordance with section 751(c) of the Act and published pursuant to 
section 777(i)(1) of the Act.

    Dated: March 11, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-06033 Filed 3-15-13; 8:45 am]
BILLING CODE 3510-DS-P