Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 29419-29421 [2014-11892]
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.9 This clarification will
apply to entries of subject merchandise
during the POR produced by Acron or
EuroChem for which these companies
did not know that the merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all
others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for Acron and
EuroChem will be equal to the
weighted-average dumping margins
established in the final results of this
administrative review, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 253.98 percent, the allothers rate established in the order.10
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) to file a certificate regarding
9 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See Termination of the Suspension Agreement
on Solid Fertilizer Grade Ammonium Nitrate From
the Russian Federation and Notice of Antidumping
Duty Order, 76 FR 23569, 23570 (April 27, 2011).
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19:36 May 21, 2014
Jkt 232001
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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Normal Value Comparisons
b. Determination of Comparison Method
c. Results of the Differential Pricing
Analysis
d. Product Comparisons
e. Date of Sale
f. Constructed Export Price
g. Normal Value
h. Currency Conversion
5. Recommendation
[FR Doc. 2014–11886 Filed 5–21–14; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2012–
2013
Enforcement and Compliance,
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, 2012,
through March 31, 2013. The
Department preliminarily determines
that sales have been made below normal
value (‘‘NV’’). Interested parties are
invited to comment on these
preliminary results.
DATES: Effective Date: May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Frances Veith, AD/CVD
AGENCY:
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29419
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–9068, or (202)
482–4295, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is certain activated carbon. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
3802.10.00.1 Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the order
remains dispositive.
Methodology
The Department 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.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://iaaccess.
trade.gov/login.aspx and in the Central
Records Unit, 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://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
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 Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, issued concurrently
with, and hereby adopted by, this notice, for a
complete description of the Scope of the Order.
E:\FR\FM\22MYN1.SGM
22MYN1
29420
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
Preliminary Results of the Review
The Department determines that the
following preliminary dumping margins
exist:
Exporter
Margin
(dollars per
kilogram) 2
mstockstill on DSK4VPTVN1PROD with NOTICES
Jacobi Carbons AB 3 ............
Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd 4 ....................
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 Huahui Activated
Carbon Co., Ltd ................
3.77
2.05
3.13
3.13
3.13
3.13
3.13
2 In the second administrative review of the
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).
3 In the third administrative review, the
Department found Jacobi Carbons AB, Tianjin
Jacobi International Trading Co. Ltd., and Jacobi
Carbons Industry (Tianjin) 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 and
fifth administrative reviews. Because there have
been no changes to the facts which supported that
decision in the present review, we are continuing
to treat the companies as a single entity in this
review. 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 (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 (November 9, 2012); Certain Activated
Carbon From the People’s Republic of China; 2011–
2012; Final Results of Antidumping Duty
Administrative Review, 78 FR 70533, 70535
(November 26, 2013).
4 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
subsequent reviews. Because there have been no
changes to the facts which supported that decision
in the present review, we are continuing to treat the
companies as a single entity in this review. 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); and Certain Activated
Carbon From the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review, 2011–2012, 78 FR 70533 (November 26,
2013) at footnote 33.
5 The PRC-Wide entity includes the Shanxi DMD
Corporation and Tangshan Solid Carbon Co., Ltd.
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19:36 May 21, 2014
Jkt 232001
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
Ningxia Mineral and Chementered value of sales, in accordance
ical Limited ........................
3.13
with 19 CFR 351.212(b)(1).11 We will
Shanxi Sincere Industrial
instruct CBP to assess antidumping
Co., Ltd .............................
3.13
duties on all appropriate entries covered
Tianjin Channel Filters Co.,
Ltd .....................................
3.13 by this review when the importerPRC-Wide Rate 5 ..................
2.42 specific assessment rate calculated in
the final results of this review is above
de minimis. Where either the
Disclosure and Public Comment
respondent’s weighted-average dumping
The Department intends to disclose
margin is zero or de minimis, or an
calculations performed for these
preliminary results to the parties within importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
five days of the date of publication of
liquidate the appropriate entries
this notice in accordance with 19 CFR
without regard to antidumping duties.12
351.224(b).
The Department recently announced a
Interested parties may submit written
refinement to its assessment practice in
comments in the form of case briefs
NME cases.13 Pursuant to this
within 30 days of publication of the
refinement in practice, for entries that
preliminary results and rebuttal
were not reported in the U.S. sales
comments in the form of rebuttal briefs
databases submitted by companies
within five days after the time limit for
individually examined during this
6 Rebuttal briefs must
filing case briefs.
review, the Department will instruct
be limited to issues raised in the case
CBP to liquidate such entries at the
7 Parties who submit arguments
briefs.
PRC-wide rate.14 Additionally, if the
are requested to submit with the
Department determines that an exporter
argument: (1) A statement of the issue;
under review had no shipments of the
(2) a brief summary of the argument;
subject merchandise, any suspended
8
and (3) a table of authorities.
entries that entered under that
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
hearing, or to participate if one is
PRC-wide rate.15
requested, must submit a written
The final results of this review shall
request to the Assistant Secretary for
be the basis for the assessment of
Enforcement and Compliance within 30
antidumping duties on entries of
days of the date of publication of this
merchandise covered by the final results
notice. Requests should contain: (1) The
of this review and for future deposits of
party’s name, address and telephone
estimated duties, where applicable.
number; (2) The number of participants;
Cash Deposit Requirements
and (3) A list of issues to be discussed.
Issues raised in the hearing will be
The following cash deposit
limited to those raised in the respective
requirements will be effective upon
case and rebuttal briefs.9
publication of the final results of this
administrative review for shipments of
Assessment Rates
the subject merchandise from the PRC
Upon issuance of the final results, the entered, or withdrawn from warehouse,
Department will determine, and U.S.
for consumption on or after the
Customs and Border Protection (‘‘CBP’’) publication date, as provided by section
shall assess, antidumping duties on all
751(a)(2)(C) of the Act: (1) For each
appropriate entries covered by this
specific company listed above, the cash
review.10 The Department intends to
deposit rate will be that established in
issue assessment instructions to CBP 15 the final results of this review (except,
days after the publication date of the
if the rate is zero or de minimis, then
final results of this review. For any
individually examined respondent
11 In these preliminary results, the Department
whose weighted average dumping
applied the assessment rate calculation method
margin is above de minimis (i.e., is 0.50 adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
percent or more) in the final results of
Assessment Rate in Certain Antidumping
this review, the Department will
Proceedings: Final Modification, 77 FR 8101
Margin
(dollars per
kilogram) 2
Exporter
6 See
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also 19 CFR 351.303 (for general filing
requirements).
7 See 19 CFR 351.309(d)(2).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.310(c).
10 See 19 CFR 351.212(b)(1).
PO 00000
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Fmt 4703
Sfmt 4703
(February 14, 2012).
12 See 19 CFR 351.106(c)(2).
13 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
14 Id.
15 Id.
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
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 administrative review and notice
are 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 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Non-Market Economy Country
6. Separate Rates
7. Separate Rate Calculation
8. Vietnam-Wide Entity
9. Surrogate Country and Surrogate Value
Data
10. Surrogate Country
11. Economic Comparability
12. Significant Producers of Comparable
Merchandise
13. Data Availability
14. Date of Sale
15. Determination of Comparison Method
16. U.S. Price
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2014–11892 Filed 5–21–14; 8:45 am]
BILLING CODE 3510–DS–P
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19:36 May 21, 2014
Jkt 232001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–996]
Non-Oriented Electrical Steel From the
People’s Republic of China:
Preliminary Affirmative Determinations
of Sales at Less Than Fair Value and
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that non-oriented electrical
steel (NOES) from the People’s Republic
of China (the PRC) is being, or is likely
to be, sold to the United States at less
than fair value (LTFV), as provided in
section 733(b) of the Tariff Act of 1930,
as amended (the Act). The period of
investigation (POI) is January 1, 2013,
through June 30, 2013. The dumping
margin is shown in the ‘‘Preliminary
Determination and Suspension of
Liquidation’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok or Yang Jin Chun,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0768 and (202) 482–5760,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
The merchandise subject to this
investigation consists of non-oriented
electrical steel (NOES), which includes
cold-rolled, flat-rolled, alloy steel
products, whether or not in coils,
regardless of width, having an actual
thickness of 0.20 mm or more, in which
the core loss is substantially equal in
any direction of magnetization in the
plane of the material. The term
‘‘substantially equal’’ means that the
cross grain direction of core loss is no
more than 1.5 times the straight grain
direction (i.e., the rolling direction) of
core loss. NOES has a magnetic
permeability that does not exceed 1.65
Tesla when tested at a field of 800 A/
m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the
sheet (i.e., B800 value). NOES contains
by weight more than 1.00 percent of
silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of
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Fmt 4703
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29421
carbon, and not more than 1.5 percent
of aluminum. NOES has a surface oxide
coating, to which an insulation coating
may be applied.
NOES is subject to this investigation
whether it is fully processed (i.e., fully
annealed to develop final magnetic
properties) or semi-processed (i.e.,
finished to final thickness and physical
form but not fully annealed to develop
final magnetic properties). Fully
processed NOES is typically made to the
requirements of ASTM specification A
677, Japanese Industrial Standards (JIS)
specification C 2552, and/or
International Electrotechnical
Commission (IEC) specification 60404–
8–4. Semi-processed NOES is typically
made to the requirements of ASTM
specification A 683. However, the scope
of this investigation is not limited to
merchandise meeting the ASTM, JIS and
IEC specifications noted immediately
above.
NOES is sometimes referred to as
cold-rolled non-oriented (CRNO), nongrain oriented (NGO), non-oriented
(NO), or cold-rolled non-grain oriented
(CRNGO) electrical steel. These terms
are interchangeable.
Excluded from the scope of this
investigation are flat-rolled products not
in coils that, prior to importation into
the United States, have been cut to a
shape and undergone all punching,
coating, or other operations necessary
for classification in Chapter 85 of the
Harmonized Tariff Schedule of the
United States (HTSUS) as a part (i.e.,
lamination) for use in a device such as
a motor, generator, or transformer.
The subject merchandise is provided
for in subheadings 7225.19.0000,
7226.19.1000, and 7226.19.9000 of the
HTSUS. Subject merchandise may also
be entered under subheadings
7225.50.8085, 7225.99.0090,
7226.92.5000, 7226.92.7050,
7226.92.8050, 7226.99.0180 of the
HTSUS. Although HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope is dispositive.
Scope Comments
For a complete discussion of scope
comments received from interested
parties and changes the Department
made to the scope of the investigation,
see Preliminary Decision
Memorandum.1 The ‘‘Scope of the
1 See Memorandum from Senior Advisor Gary
Taverman to Acting Assistant Secretary Ronald K.
Lorentzen entitled ‘‘Decision Memorandum for the
Preliminary Determination in the Less Than Fair
Value Investigation of Non-Oriented Electrical Steel
from the People’s Republic of China’’ dated
concurrently with this notice and hereby adopted
by this notice (Preliminary Decision Memorandum).
E:\FR\FM\22MYN1.SGM
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Agencies
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29419-29421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11892]
-----------------------------------------------------------------------
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; 2012-
2013
AGENCY: Enforcement and Compliance, 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, 2012, through March 31, 2013. The
Department preliminarily determines that sales have been made below
normal value (``NV''). Interested parties are invited to comment on
these preliminary results.
DATES: Effective Date: May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Frances Veith, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, or (202)
482-4295, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain activated carbon.
The products are currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheading 3802.10.00.\1\
Although the HTSUS subheading is provided for convenience and customs
purposes, the written description of the scope of the order remains
dispositive.
---------------------------------------------------------------------------
\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 Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, issued concurrently with, and hereby adopted by, this
notice, for a complete description of the Scope of the Order.
---------------------------------------------------------------------------
Methodology
The Department 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.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov/login.aspx
and in the Central Records Unit, 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
[[Page 29420]]
Preliminary Results of the Review
The Department determines that the following preliminary dumping
margins exist:
---------------------------------------------------------------------------
\2\ In the second administrative review of the 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).
\3\ In the third administrative review, the Department found
Jacobi Carbons AB, Tianjin Jacobi International Trading Co. Ltd.,
and Jacobi Carbons Industry (Tianjin) 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 and fifth administrative reviews. Because there
have been no changes to the facts which supported that decision in
the present review, we are continuing to treat the companies as a
single entity in this review. 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 (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 (November 9, 2012); Certain Activated Carbon
From the People's Republic of China; 2011-2012; Final Results of
Antidumping Duty Administrative Review, 78 FR 70533, 70535 (November
26, 2013).
\4\ 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
subsequent reviews. Because there have been no changes to the facts
which supported that decision in the present review, we are
continuing to treat the companies as a single entity in this review.
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); and Certain Activated Carbon From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 2011-2012, 78 FR 70533 (November 26, 2013) at footnote 33.
\5\ The PRC-Wide entity includes the Shanxi DMD Corporation and
Tangshan Solid Carbon Co., Ltd.
------------------------------------------------------------------------
Margin
Exporter (dollars per
kilogram) \2\
------------------------------------------------------------------------
Jacobi Carbons AB \3\................................... 3.77
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 2.05
\4\....................................................
Calgon Carbon (Tianjin) Co., Ltd........................ 3.13
Datong Juqiang Activated Carbon Co., Ltd................ 3.13
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 3.13
Jilin Bright Future Chemicals Company, Ltd.............. 3.13
Ningxia Huahui Activated Carbon Co., Ltd................ 3.13
Ningxia Mineral and Chemical Limited.................... 3.13
Shanxi Sincere Industrial Co., Ltd...................... 3.13
Tianjin Channel Filters Co., Ltd........................ 3.13
PRC-Wide Rate \5\....................................... 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).
Interested parties may submit written comments in the form of case
briefs within 30 days of publication of the preliminary results and
rebuttal comments in the form of rebuttal briefs within five days after
the time limit for filing case briefs.\6\ Rebuttal briefs must be
limited to issues raised in the case briefs.\7\ Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\7\ See 19 CFR 351.309(d)(2).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Enforcement and
Compliance 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.\9\
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\9\ See 19 CFR 351.310(c).
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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.\10\ 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).\11\ 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.\12\ The Department recently announced a refinement to its
assessment practice in NME cases.\13\ 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.\14\ Additionally, if the Department determines that
an exporter under review 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.\15\
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\10\ See 19 CFR 351.212(b)(1).
\11\ 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).
\12\ See 19 CFR 351.106(c)(2).
\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\14\ Id.
\15\ Id.
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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 section 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
[[Page 29421]]
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 administrative review and notice are 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 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Non-Market Economy Country
6. Separate Rates
7. Separate Rate Calculation
8. Vietnam-Wide Entity
9. Surrogate Country and Surrogate Value Data
10. Surrogate Country
11. Economic Comparability
12. Significant Producers of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Determination of Comparison Method
16. U.S. Price
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2014-11892 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P