Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 26748-26750 [2013-10943]
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26748
Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
accordance with Section 106 of the
National Historic Preservation Act (16
U.S.C. 470f) and its implementing
regulation ‘‘Protection of Historic
Properties’’ (36 CFR Part 800). Pursuant
to 36 CFR 800.2(d)(3), RUS used its
procedures for public involvement
under NEPA, in part, to meet its
responsibilities to solicit and consider
the views of the public and other
interested parties during the Section 106
review process. Accordingly, comments
submitted in the EIS process also
informed RUS’s decision making in the
Section 106 review process. The
purpose of the Proposal is to provide a
reliable, long-term supply of renewable
and sustainable energy at a reasonable
cost to meet part of the electric energy
needs of Oglethorpe’s members.
The Final EIS evaluated the potential
environmental impacts of and
alternatives to the Project proposed by
Oglethorpe for RUS financing to
construct the 100 megawatt (MW)
biomass plant and related facilities
(Proposal) in Warren County, Georgia
ADDRESSES: To obtain copies of the
ROD, or for further information, contact:
Ms. Stephanie Strength, Environmental
Protection Specialist, USDA, Rural
Utilities Service, 1400 Independence
Avenue SW., Stop 1571, Room 2244–S,
Washington, DC 20250–1571, telephone:
(970) 403–3559, fax: (202) 690–0649, or
email:
stephanie.strength@wdc.usda.gov. The
ROD is available online at: https://
www.rurdev.usda.gov/UWPOglethorpePower.html and at the:
Warren County Public Library, 10
Warren Street, Warrenton, Georgia
30828, Phone (706) 465- 2656.
SUPPLEMENTARY INFORMATION:
Oglethorpe proposes to own, operate,
and maintain the Proposal in Warren
County, Georgia. Three alternatives are
evaluated in detail in the Final EIS; the
no action alternative, and the proposed
action at two different locations: Warren
County (the Proposal) and Appling
County (the Alternate). These
alternatives were evaluated in terms of
cost-effectiveness, technical feasibility,
and environmental factors (e.g., soils,
topography and geology, water
resources, air quality, biological
resources, the acoustic environment,
recreation, cultural and historic
resources, visual resources,
transportation, farmland, land use,
human health and safety, the
socioeconomic environment,
environmental justice, and cumulative
effects).
The Proposal would be constructed
on an approximately 343-acre site
located three-fourths mile east of the
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city limit of Warrenton, Georgia. The
tallest structure would be the stack,
with a maximum estimated height of
approximately 220 feet.
A Notice of Availability (NOA) of the
Draft EIS was published in the Federal
Register at 76 FR 20624, on April 13,
2011, and in newspapers of general
circulation within the Proposal’s area of
environmental impact. Public hearings
on the Draft EIS were held in the project
area on May 5, 2011, and public
comments were accepted through May
31, 2011. All comments on the Draft EIS
have been entered into the
administrative record, responses are
included in the Final EIS, and the Final
EIS was modified as appropriate. RUS
published its NOA of the Final EIS for
the proposed Project in the Federal
Register on December 15, 2011 at 76 FR
77963. The U.S. Environmental
Protection Agency acknowledged
receipt of the Final EIS on December 9,
2011, from RUS. The 30-day waiting
period ended on January 9, 2012.
Fifteen comments were received that
did not result in the need for changes or
further comment in RUS’s ROD.
RUS carefully studied public health
and safety, environmental impacts, and
engineering aspects of the Project. Based
on an evaluation of the information and
impact analyses presented in the EIS,
RUS finds that the evaluation of
reasonable alternatives is consistent
with NEPA and RUS Environmental
Policies and Procedures. Details
regarding RUS’s regulatory authority,
rationale for the decision, and
compliance with applicable regulations
are included in the ROD. Because the
proposed Project may involve action in
floodplains or wetlands, this Notice also
serves as a final notice of action in
floodplains and wetlands (in accordance
with Executive Orders 11988 and
11990).
This ROD is not a decision on
Ogelthorpe’s loan application and
therefore not an approval of the
expenditure of federal funds. This
notice of the ROD concludes RUS’s
environmental review process in
accordance with NEPA and RUS’s
Environmental Policies and Procedures
(7 CFR part 1794). The ultimate decision
as to loan approval depends upon the
conclusion of this environmental review
process plus financial and engineering
analyses. Issuance of the ROD will allow
these reviews to proceed.
Dated: March 15, 2013.
John Charles Padalino,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2013–10861 Filed 5–7–13; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘Department’’) is
conducting the administrative review of
the antidumping duty order on certain
activated carbon from the People’s
Republic of China (‘‘PRC’’) for the
period of review (‘‘POR’’) April 1, 2011,
through March 31, 2012. The
Department has preliminarily
determined that sales have been made
below normal value (‘‘NV’’).
Additionally, the Department has
preliminarily determined not to revoke
the order, in part, with respect to Jacobi
Carbons AB (‘‘Jacobi’’).
AGENCY:
DATES:
Effective Date: May 8, 2013.
Bob
Palmer, Emeka Chukwudebe, and
Ricardo Martinez Rivera, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–9068, (202) 482–
0219, and (202) 482–4532, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is certain activated carbon.1 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.2
1 See ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Certain Activated Carbon from the People’s
Republic of China,’’ (‘‘Preliminary Decision
Memorandum’’) from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
issued concurrently with this notice, for a complete
description of the Scope of the Order.
2 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (‘‘Order’’).
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Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Constructed
export prices and export prices have
been calculated in accordance with
section 772 of the Act. Because the PRC
is a non-market economy (‘‘NME’’)
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act. Specifically, the mandatory
respondent’s factors of production
(‘‘FOPs’’) (with the exception of steam)
have been valued with prices from a
surrogate country which is
economically comparable to the PRC
and is a significant producer of
comparable merchandise.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum dated
concurrently with these results and
hereby adopted by this notice. The
Preliminary 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 (‘‘CRU’’), room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Intent Not To Revoke Order In Part
We preliminarily determine 3 that we
should not revoke the Order in part with
respect to Jacobi under section 751 of
the Act, because we find that Jacobi has
not satisfied the requirements of 19 CFR
351.222(b).4
Verification
As provided in sections 782(i)(3)(A)–
(B) of the Act, we intend to verify the
information upon which we will rely in
3 See
Preliminary Decision Memorandum, at 5.
Department recently modified the section of
its regulations concerning the revocation of
antidumping and countervailing duty orders in
whole or in part, but that modification does not
apply to this administrative review as it was
initiated before June 20, 2012. See Modification to
Regulation Concerning the Revocation of
Antidumping and Countervailing Duty Orders, 77
FR 29875 (May 21, 2012). Reference to 19 CFR
351.222(b) thus refers to the Department’s
regulations prior to the modification.
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4 The
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determining our final results of review
with respect to Jacobi.
Preliminary Results of the Review
The Department has determined that
the following preliminary dumping
margins exist:
Margin
(Dollars
Per
Kilogram) 5
Exporter
Jacobi Group 6 ..........................
Ningxia Huahui Activated Carbon Co., Ltd ..........................
Calgon Carbon (Tianjin) Co.,
Ltd .........................................
Datong Juqiang Activated Carbon Co., Ltd ..........................
Datong Municipal Yunguang
Activated Carbon Co., Ltd ....
Jilin Bright Future Chemicals
Company, Ltd ........................
Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd.7 ..
Ningxia Mineral and Chemical
Limited ...................................
Shanxi DMD Corporation .........
Shanxi Sincere Industrial Co.,
Ltd .........................................
Shanxi Industry Technology
Trading Co., Ltd ....................
Sinoacarbon International Trading Co., Ltd ...........................
Tancarb Activated Carbon Co.,
Ltd .........................................
Tangshan Solid Carbon Co.,
Ltd .........................................
Tianjin Maijin Industries Co.,
Ltd .........................................
PRC-Wide Rate 8 ......................
0.56
0.29
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
2.42
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
5 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, 70211
(November 17, 2010).
6 In the third administrative review, the
Department found Jacobi, Tianjin Jacobi
International Trading Co. Ltd., and Jacobi Carbons
Industry (Tianjin) (collectively, ‘‘Jacobi Group’’) are
a single entity and, because there were no changes
to the facts which supported that decision, we
continued to find these companies part of a single
entity in the fourth administrative review. Because
there have been no changes to the facts which
supported that decision in the present review, we
will assign this rate to the companies in the single
entity. See Preliminary Decision Memorandum, at
16, at ‘‘Affiliation and Collapsing’’; see also Certain
Activated Carbon From the People’s Republic of
China: Final Results and Partial Rescission of Third
Antidumping Duty Administrative Review, 76 FR
67142 (October 31, 2011); Certain Activated Carbon
From the People’s Republic of China; 2010–2011;
Final Results of Antidumping Duty Administrative
Review, 77 FR 67337, 67339 at footnote 22
(November 9, 2012) (‘‘AR4 Carbon’’).
7 In the first administrative review, the
Department found Beijing Pacific Activated Carbon
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26749
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
In accordance with 19 CFR
351.301(c)(3)(ii), for the final results of
this administrative review, interested
parties may submit publicly available
information to value FOPs within 20
days after the date of publication of
these preliminary results. Interested
parties must provide the Department
with supporting documentation for the
publicly available information to value
each FOP. Additionally, in accordance
with 19 CFR 351.301(c)(1), for the final
results of this administrative review,
interested parties may submit factual
information to rebut, clarify, or correct
factual information submitted by an
interested party less than ten days
before, on, or after, the applicable
deadline for submission of such factual
information. However, the Department
notes that 19 CFR 351.301(c)(1) permits
new information only insofar as it
rebuts, clarifies, or corrects information
recently placed on the record. The
Department generally cannot accept the
submission of additional, previously
absent from the record alternative
surrogate value information pursuant to
19 CFR 351.301(c)(1).9 Additionally, for
each piece of factual information
submitted with surrogate value rebuttal
comments, the interested party must
provide a written explanation of what
information is already on the record of
the ongoing proceeding which the
factual information is rebutting,
clarifying, or correcting.
Because, as noted above, the
Department intends to verify the
Products Co., Ltd., Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd., and Ningxia Guanghua
Activated Carbon Co., Ltd. are a single entity and,
because there were no changes to the facts which
supported that decision, we continued to find these
companies to be part of a single entity in AR4
Carbon. Because there have been no changes to the
facts which supported that decision in the present
review, 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
(November 10, 2009); AR4 Carbon, 77 FR at 67339
at footnote 23.
8 The PRC-Wide entity includes Datong
Locomotive Coal & Chemicals Co., Ltd., Ningxia
Lingzhou Foreign Trade Co., Ltd. and Shanxi
Qixian Foreign Trade Corporation.
9 See Glycine From the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
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Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
information upon which we will rely in
making our final determination, the
Department will establish the briefing
schedule at a later time, and will notify
parties of the schedule in accordance
with 19 CFR 351.309. Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, within 30 days
of the date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) The number of participants; and (3)
A list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.
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Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. For any
individually examined respondent
whose weighted average dumping
margin is above de minimis (i.e., is 0.50
percent or more) in the final results of
this review, the Department will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1).12 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
10 See
19 CFR 351.309(c) and (d).
11 See 19 CFR 351.212(b).
12 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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For those companies not assigned a
separate rate from a prior segment of the
proceeding, the Department has stated
that they are not separate from the PRCwide entity and that the administrative
review will continue for these
companies.13
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. Additionally, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the PRC-wide rate.14
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
each specific company listed above, the
cash deposit rate will be that established
in the final results of this review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) for previously investigated or
reviewed PRC and non-PRC exporters
not listed above that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be that for the
PRC-wide entity; 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 exporter that
supplied that non-PRC exporter. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
13 See
footnote 6.
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
14 For
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Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: May 2, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Respondent Selection
2. Questionnaires
3. Scope of the Order
4. Request for Revocation, In Part
5. Withdrawal of Request for Review
6. Non-Market Economy Country
7. Separate Rates
8. Separate Rate Calculation
9. PRC—Wide Entity
10. Surrogate Country and Surrogate Value
Data
11. Surrogate Country
12. Economic Comparability
13. Significant Producers of Comparable
Merchandise
14. Data Availability
15. Affiliations and Collapsing
16. Facts Available for NV
17. Date of Sale
18. Comparisons to Normal Value
19. U.S. Price
20. Normal Value
21. Use of Facts Available and Adverse Facts
Available for EP/CEP
22. Currency Conversion
[FR Doc. 2013–10943 Filed 5–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for a public meeting of the
SUMMARY:
E:\FR\FM\08MYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26748-26750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10943]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on certain
activated carbon from the People's Republic of China (``PRC'') for the
period of review (``POR'') April 1, 2011, through March 31, 2012. The
Department has preliminarily determined that sales have been made below
normal value (``NV''). Additionally, the Department has preliminarily
determined not to revoke the order, in part, with respect to Jacobi
Carbons AB (``Jacobi'').
DATES: Effective Date: May 8, 2013.
FOR FURTHER INFORMATION CONTACT: Bob Palmer, Emeka Chukwudebe, and
Ricardo Martinez Rivera, AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-9068, (202) 482-0219, and (202) 482-4532,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain activated
carbon.\1\ 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.\2\
---------------------------------------------------------------------------
\1\ See ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Activated Carbon
from the People's Republic of China,'' (``Preliminary Decision
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, issued concurrently
with this notice, for a complete description of the Scope of the
Order.
\2\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (``Order'').
---------------------------------------------------------------------------
[[Page 26749]]
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Constructed export prices and export prices have been calculated in
accordance with section 772 of the Act. Because the PRC is a non-market
economy (``NME'') within the meaning of section 771(18) of the Act, NV
has been calculated in accordance with section 773(c) of the Act.
Specifically, the mandatory respondent's factors of production
(``FOPs'') (with the exception of steam) have been valued with prices
from a surrogate country which is economically comparable to the PRC
and is a significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum dated concurrently
with these results and hereby adopted by this notice. The Preliminary
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 (``CRU''), room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Intent Not To Revoke Order In Part
We preliminarily determine \3\ that we should not revoke the Order
in part with respect to Jacobi under section 751 of the Act, because we
find that Jacobi has not satisfied the requirements of 19 CFR
351.222(b).\4\
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum, at 5.
\4\ The Department recently modified the section of its
regulations concerning the revocation of antidumping and
countervailing duty orders in whole or in part, but that
modification does not apply to this administrative review as it was
initiated before June 20, 2012. See Modification to Regulation
Concerning the Revocation of Antidumping and Countervailing Duty
Orders, 77 FR 29875 (May 21, 2012). Reference to 19 CFR 351.222(b)
thus refers to the Department's regulations prior to the
modification.
---------------------------------------------------------------------------
Verification
As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to
verify the information upon which we will rely in determining our final
results of review with respect to Jacobi.
Preliminary Results of the Review
The Department has determined that the following preliminary
dumping margins exist:
------------------------------------------------------------------------
Margin
(Dollars
Exporter Per
Kilogram)
\5\
------------------------------------------------------------------------
Jacobi Group \6\........................................... 0.56
Ningxia Huahui Activated Carbon Co., Ltd................... 0.29
Calgon Carbon (Tianjin) Co., Ltd........................... 0.43
Datong Juqiang Activated Carbon Co., Ltd................... 0.43
Datong Municipal Yunguang Activated Carbon Co., Ltd........ 0.43
Jilin Bright Future Chemicals Company, Ltd................. 0.43
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.\7\.. 0.43
Ningxia Mineral and Chemical Limited....................... 0.43
Shanxi DMD Corporation..................................... 0.43
Shanxi Sincere Industrial Co., Ltd......................... 0.43
Shanxi Industry Technology Trading Co., Ltd................ 0.43
Sinoacarbon International Trading Co., Ltd................. 0.43
Tancarb Activated Carbon Co., Ltd.......................... 0.43
Tangshan Solid Carbon Co., Ltd............................. 0.43
Tianjin Maijin Industries Co., Ltd......................... 0.43
PRC-Wide Rate \8\.......................................... 2.42
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Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
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\5\ 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, 70211 (November 17, 2010).
\6\ In the third administrative review, the Department found
Jacobi, Tianjin Jacobi International Trading Co. Ltd., and Jacobi
Carbons Industry (Tianjin) (collectively, ``Jacobi Group'') are a
single entity and, because there were no changes to the facts which
supported that decision, we continued to find these companies part
of a single entity in the fourth administrative review. Because
there have been no changes to the facts which supported that
decision in the present review, we will assign this rate to the
companies in the single entity. See Preliminary Decision Memorandum,
at 16, at ``Affiliation and Collapsing''; see also Certain Activated
Carbon From the People's Republic of China: Final Results and
Partial Rescission of Third Antidumping Duty Administrative Review,
76 FR 67142 (October 31, 2011); Certain Activated Carbon From the
People's Republic of China; 2010-2011; Final Results of Antidumping
Duty Administrative Review, 77 FR 67337, 67339 at footnote 22
(November 9, 2012) (``AR4 Carbon'').
\7\ In the first administrative review, 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
were no changes to the facts which supported that decision, we
continued to find these companies to be part of a single entity in
AR4 Carbon. Because there have been no changes to the facts which
supported that decision in the present review, 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 (November 10, 2009); AR4
Carbon, 77 FR at 67339 at footnote 23.
\8\ The PRC-Wide entity includes Datong Locomotive Coal &
Chemicals Co., Ltd., Ningxia Lingzhou Foreign Trade Co., Ltd. and
Shanxi Qixian Foreign Trade Corporation.
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In accordance with 19 CFR 351.301(c)(3)(ii), for the final results
of this administrative review, interested parties may submit publicly
available information to value FOPs within 20 days after the date of
publication of these preliminary results. Interested parties must
provide the Department with supporting documentation for the publicly
available information to value each FOP. Additionally, in accordance
with 19 CFR 351.301(c)(1), for the final results of this administrative
review, interested parties may submit factual information to rebut,
clarify, or correct factual information submitted by an interested
party less than ten days before, on, or after, the applicable deadline
for submission of such factual information. However, the Department
notes that 19 CFR 351.301(c)(1) permits new information only insofar as
it rebuts, clarifies, or corrects information recently placed on the
record. The Department generally cannot accept the submission of
additional, previously absent from the record alternative surrogate
value information pursuant to 19 CFR 351.301(c)(1).\9\ Additionally,
for each piece of factual information submitted with surrogate value
rebuttal comments, the interested party must provide a written
explanation of what information is already on the record of the ongoing
proceeding which the factual information is rebutting, clarifying, or
correcting.
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\9\ See Glycine From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
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Because, as noted above, the Department intends to verify the
[[Page 26750]]
information upon which we will rely in making our final determination,
the Department will establish the briefing schedule at a later time,
and will notify parties of the schedule in accordance with 19 CFR
351.309. Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\10\
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\10\ See 19 CFR 351.309(c) and (d).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
within 30 days of the date of publication of this notice. Requests
should contain: (1) The party's name, address and telephone number; (2)
The number of participants; and (3) A list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., is 0.50 percent or more) in
the final results of this review, the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total entered value of sales, in accordance with 19 CFR
351.212(b)(1).\12\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For those companies not assigned a separate rate from a prior segment
of the proceeding, the Department has stated that they are not separate
from the PRC-wide entity and that the administrative review will
continue for these companies.\13\
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\11\ See 19 CFR 351.212(b).
\12\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\13\ See footnote 6.
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\14\
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\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For each specific
company listed above, the cash deposit rate will be that established in
the final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity; 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
exporter that supplied that non-PRC exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: May 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Respondent Selection
2. Questionnaires
3. Scope of the Order
4. Request for Revocation, In Part
5. Withdrawal of Request for Review
6. Non-Market Economy Country
7. Separate Rates
8. Separate Rate Calculation
9. PRC--Wide Entity
10. Surrogate Country and Surrogate Value Data
11. Surrogate Country
12. Economic Comparability
13. Significant Producers of Comparable Merchandise
14. Data Availability
15. Affiliations and Collapsing
16. Facts Available for NV
17. Date of Sale
18. Comparisons to Normal Value
19. U.S. Price
20. Normal Value
21. Use of Facts Available and Adverse Facts Available for EP/CEP
22. Currency Conversion
[FR Doc. 2013-10943 Filed 5-7-13; 8:45 am]
BILLING CODE 3510-DS-P
