Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 70163-70166 [2014-27926]
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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
matters pertinent to those portions of
the Export Administration Act, as
amended, that deal with United States
policies of encouraging trade with all
countries with which the United States
has diplomatic or trading relations and
of controlling trade for national security
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Agenda
wreier-aviles on DSK4TPTVN1PROD with NOTICES
1. Opening remarks by the Chairman
and Vice Chairman.
2. Opening remarks by the Bureau of
Industry and Security.
3. Export Control Reform Update.
4. Presentation of papers or comments
by the Public.
5. Data Transmission and Security
Subcommittee Presentation.
6. Process Improvements and Trusted
Trader Subcommittee Presentation.
7. Outreach Subcommittee Update.
8. Update: One-year Anniversary of
the First ECR Transition Rule Statistics.
9. Consolidated Screening List
Demonstration and Discussion.
The open session will be accessible
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2014.
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For more information, call Yvette
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Dated: November 19, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–27869 Filed 11–24–14; 8:45 am]
BILLING CODE 3510–JT–P
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International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
Preliminary Results of the sixth
antidumping duty administrative review
on certain activated carbon from the
People’s Republic of China (‘‘PRC’’) on
May 22, 2014,1 in which we gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments received, we made changes to
the margin calculations for these final
results of the antidumping duty
administrative review. The final
weighted-average dumping margins are
listed below in the ‘‘Final Results of the
Review’’ section of this notice. The
period of review (‘‘POR’’) is April 1,
2012, through March 31, 2013.
DATES: Effective Date: November 25,
2014.
AGENCY:
Open Session
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DEPARTMENT OF COMMERCE
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Bob
Palmer, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–9068.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The Department published the
Preliminary Results on May 22, 2014.2
In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.3
On June 19, 2014, the Department fully
extended the time limit for completion
of the final results of this administrative
review.4 The Department extended the
1 See Certain Activated Carbon From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 29419 (May 22, 2014), and
accompanying Preliminary Decision Memorandum
(‘‘Preliminary Results’’).
2 See id.
3 See id. at 29420.
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary, Antidumping and
Countervailing Duty Operations, through James
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Bob Palmer,
International Trade Compliance Analyst, Office V,
Antidumping and Countervailing Duty Operations:
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deadlines for submission of case and
rebuttal briefs twice based on requests
from interested parties.5 On July 3,
2014, Albemarle,6 Calgon,7 Carbon
Activated,8 Cherishmet,9 Huahui 10 and
Jacobi 11 submitted case briefs.12 On July
18, 2014, Petitioners 13 and Albemarle
submitted rebuttal briefs.14 On July 29,
2014, pursuant to 19 CFR 351.302(d),
we rejected Jacobi’s case brief because it
contained untimely new factual
information, and instructed Jacobi to
resubmit a redacted case brief, which it
submitted on July 30, 2014. On
September 24, 2014, the Department
held a public hearing limited to issues
raised in case and rebuttal briefs.
Scope of the Order
The merchandise subject to the Order
is certain activated carbon.15 The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
3802.1000. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the order
remains dispositive.16
Certain Activated Carbon from the People’s
Republic of China (‘‘PRC’’): Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review, dated June 19, 2014.
5 See Memorandum to the File, from Frances
Veith, Senior International Trade Compliance
Analyst, Enforcement and Compliance, dated June
11, 2014; see also Memorandum to the File, from
Frances Veith, Senior International Trade
Compliance Analyst, Enforcement and Compliance,
dated June 13, 2014 and Memorandum to the File,
from Bob Palmer, Senior International Trade
Compliance Analyst, Enforcement and Compliance,
dated July 9, 2014.
6 Albemarle Corporation (‘‘Albemarle’’).
7 Calgon Carbon Corporation and Calgon Carbon
(Tianjin) Co., Ltd. (collectively, ‘‘Calgon’’).
8 Carbon Activated Corporation (‘‘Carbon
Activated’’).
9 Ningxia Guanghua Cherishmet Activated Carbon
Co., Ltd. (‘‘Cherishmet’’).
10 Ningxia Huahui Activated Carbon Co., Ltd.
(‘‘Huahui’’).
11 Jacobi Carbons AB (‘‘Jacobi’’).
12 On July 3, 2014, M.L. Ball Co., Inc, Nichem Co.,
and Datong Juqiang Activated Carbon Company,
Ltd. submitted a letter supporting arguments made
by the Chinese respondents. See Letter from ML
Ball, Nichem, and Datong, dated July 3, 2014.
13 Calgon Carbon Corporation and Cabot Norit
Americas, Inc. (collectively, ‘‘Petitioners’’).
14 See Petitioners’ Rebuttal Brief, dated July 18,
2014; see also Albemarle’s Rebuttal Brief, dated July
18, 2014.
15 See Certain Activated Carbon from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of the Fifth
Antidumping Duty Administrative Review,’’
(‘‘Issues & Decision Memo’’) dated concurrently
with and hereby adopted by this notice, for a
complete description of the Scope of the Order.
16 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. 79, No. 227 / Tuesday, November 25, 2014 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the Issues & Decision Memo. A list of
the issues which parties raised is
attached to this notice as an Appendix.
The Issues & Decision Memo is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room 7046 of
the main Department of Commerce
building, as well as electronically via
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 and it is available to
all parties in the CRU. In addition, a
complete version of the Issues &
Decision Memo can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues & Decision Memo and
the electronic version of the Issues &
Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have made certain revisions
to the margin calculations for Jacobi,
Cherishmet, and the non-examined,
separate rate respondents.17 Further, the
Surrogate Values Memo 18 contains
descriptions of our changes to the
surrogate values.
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Sinocarbon International Trading
Co., Ltd. (‘‘Sinocarbon’’) did not have
any reviewable transactions during the
POR. We have not received any
information to contradict this
determination. Therefore, the
Department made the final
determination that Sinocarbon did not
have any reviewable entries of subject
merchandise during the POR, and will
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17 See Issues & Decision Memo and the companyspecific analysis memoranda for further explanation
regarding these changes.
18 See Memorandum to the File, through
Catherine Bertrand, Program Manager, Office V,
from Bob Palmer, Case Analyst, Office V, Certain
Activated Carbon From the People’s Republic of
China (‘‘PRC’’): Surrogate Values for the Final
Results,’’ dated concurrently with this notice
(‘‘Surrogate Values Memo’’).
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14:41 Nov 24, 2014
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issue appropriate instructions that are
consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.
Separate Rate Respondents
In our Preliminary Results, we
determined that the following
companies met the criteria for separate
rate status: Jacobi; Cherishmet; Huahui;
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 Mineral and Chemical Limited;
Shanxi Sincere Industrial Co., Ltd.;
Tianjin Channel Filters Co., Ltd.19 We
have received no comments or argument
since the issuance of the Preliminary
Results that provides a basis for
reconsideration of these determinations.
Therefore, the Department continues to
find that the companies listed above
meet the criteria for a separate rate.
Rate for Non-Examined Separate Rate
Respondents
In the Preliminary Results,20 and
consistent with the Department’s
practice,21 we assigned the nonexamined, separate rate companies a
rate calculated using the ranged total
U.S. sales quantities from the public
version of the submissions from the
individually-examined respondents
with weighted-average dumping
margins that are not zero or de minimis
(i.e., less than 0.5 percent) 22 from the
public versions of their submissions.23
No parties have commented on the
methodology for calculating this
separate rate. For the final results, we
continue to find this approach to be
consistent with the intent of section
735(c)(5)(A) of the Act and our use of
section 735(c)(5)(A) of the Act as
19 See Preliminary Results, 79 FR at 29420;
Preliminary Decision Memorandum at 9–11.
20 See Preliminary Decision Memorandum at 11–
12.
21 See Certain Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty
Administrative Review, 76 FR 56158, 56160
(September 12, 2011) (‘‘Vietnam Shrimp’’).
22 See Jacobi’s public version of its supplemental
Section A questionnaire response, dated August 21,
2013, at Exhibit A–1; see also Cherishmet’s public
version of its supplemental Section A questionnaire
response, dated August 30, 2013, at Exhibit SA–1.
23 See id.
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guidance when we establish the rate for
separate rate respondents not examined
individually in an administrative
review.24
Because the calculated net U.S. sales
values for the individually-examined
respondents with weighted-average
dumping margins that are not zero or de
minimis are business-proprietary
figures, we find that $0.04 U.S. Dollars/
kilogram (‘‘USD/kg’’), which we
calculated using the publicly available
figures of U.S. sales quantities for these
firms, is the best reasonable proxy for
the weighted-average dumping margin
based on the calculated U.S. sales
quantities of these respondents.25
PRC-Wide Entity
In the Preliminary Results, the
Department determined that those
companies that did not demonstrate
eligibility for a separate rate are
properly considered part of the PRCwide entity.26 Since the Preliminary
Results, we received no comments
regarding these findings. Therefore, we
continue to treat these entities as part of
the PRC-wide entity.
Rate for the PRC-Wide Entity
The Department used the rate of 2.42
USD/kg in the most recent completed
administrative review of this
antidumping order for the PRC-wide
entity.27 Because nothing on the record
of the instant review calls into question
the reliability of this rate, we find it
appropriate to continue to apply the rate
of 2.42 USD/kg to the PRC-wide entity
for these final results.28
Final Results of the Review
The weighted-average dumping
margins for this POR are as follows:
24 See
Vietnam Shrimp, 76 FR at 56160.
Memorandum to the File from Bob Palmer,
Case Analyst, Office V, AD/CVD Operations, Re:
Calculation of Separate Rate, dated concurrently
with this notice.
26 The PRC-wide entity includes Shanxi DMD
Corporation and Tangshan Solid Carbon Co., Ltd.
See Preliminary Results, 79 FR at 29420 n.5; see
also Preliminary Decision Memorandum at 12–13.
27 See Certain Activated Carbon From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 70533, 70535 (November 26, 2013)
(‘‘AR5 Carbon’’).
28 See, e.g., id.
25 See
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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
Exporter
Margin
(dollars per
kilogram) 29
Jacobi Carbons AB 30 ...........
Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd 31 ..................
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 ................
Ningxia Mineral and Chemical Limited ........................
Shanxi Sincere Industrial
Co., Ltd .............................
Tianjin Channel Filters Co.,
Ltd .....................................
PRC-Wide Rate 32 ................
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
2.42
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Assessment Rates
Pursuant to 19 CFR 351.212(b), the
Department has determined, and U.S
29 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).
30 In the third administrative review, the
Department found Jacobi, 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 that 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, 67145 n.25
(October 31, 2011); see also Certain Activated
Carbon From the People’s Republic of China; 2010–
2011; Final Results of Antidumping Duty
Administrative Review, 77 FR 67337, 67338 n.22
(November 9, 2012); AR5 Carbon, 78 FR at 70535
n.32.
31 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 that 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, 21319 (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, 57998 (November 10, 2009); AR5 Carbon, 78
FR at 70535 n.33.
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14:41 Nov 24, 2014
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Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of these final
results of this review. In accordance
with 19 CFR 351.212(b)(1), we are
calculating importer- (or customer-)
specific assessment rates for the
merchandise subject to this review. As
the Department stated in the most recent
administrative review,33 we will
continue to direct CBP to assess
importer-specific assessment rates based
on the resulting per-unit (i.e., perkilogram) rates by the weight in
kilograms of each entry of the subject
merchandise during the POR.
Specifically, we calculated importerspecific duty assessment rates on a perunit rate basis by dividing the total
amount of dumping for each importer
by the total sales quantity of subject
merchandise sold to that importer
during the POR. For any individually
examined respondent whose weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent), the
Department will calculate importerspecific 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.34 We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate 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.
The Department 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 NME-wide
rate. In addition, 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
32 The PRC-wide entity includes the Shanxi DMD
Corporation and Tangshan Solid Carbon Co., Ltd.
33 See AR5 Carbon, 78 FR at 70535.
34 See 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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70165
number (i.e., at that exporter’s rate) will
be liquidated at the NME-wide rate.35
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Jacobi,
Cherishmet and the non-examined,
separate rate respondents, the cash
deposit rate will be equal to their
weighted-average dumping margins
established in the final results of this
review, except if the rate is zero or de
minimis, then no cash deposit will be
required; (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (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 equal
to the weighted-average dumping
margin for the PRC-wide entity
established in the final results of this
review; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporters that
supplied that non-PRC exporter. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure
We intend to 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)(2) 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 double
antidumping duties.
35 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
Notification Regarding Administrative
Protective Order
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(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: November 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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General Issues
Comment 1: Whether Albemarle Corporation
Is a Domestic Interested Party
Comment 2: Differential Pricing
A. Withdrawal of the Targeted Dumping
Regulation
B. Application of the Differential Pricing
Analysis
C. Explanation of the Differential Pricing
Analysis
Comment 3: Whether Separate Rate
Respondents Should Receive Zero or De
Minimis Margins
Surrogate Values
Comment 4: Anthracite Coal Surrogate Value
Comment 5: Surrogate Financial Statement
Selection
A. Related Party Transactions
B. Whether the Financial Ratios of BF
Industries Are Outliers
C. Whether BF Industries Financial
Statements Demonstrated Benefits
Received From Countervailable
Subsidies
D. Whether To Reject Financial Statements
With Non-Interest Bearing Loans
Comment 6: Surrogate Financial Ratio
Calculation
A. Calculation of Premium AC’s Surrogate
Financial Ratios
B. Calculation of Mapecon’s Surrogate
Financial Ratios
C. Categorization of Bank Charges for
Premium AC and Davao
D. Categorization of Insurance Expenses for
Davao and Philips Carbon
E. Categorization of Travel and Transport
Expenses for Davao
F. Labor in Financial Ratios
Comment 7: ILO 6A Labor Calculation
Comment 8: Electricity
Comment 9: Water
14:41 Nov 24, 2014
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Company Specific Issues
Comment 13: Jacobi’s Packing Calculation
[FR Doc. 2014–27926 Filed 11–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD582
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Scientific and Statistical Committee
Ecosystem Subcommittee
(Subcommittee) will hold a meeting,
which is open to the public.
DATES: The Subcommittee will meet
Monday and Tuesday, December 15–16,
2014. The meeting will start at 9 a.m.
each day and continue until business is
completed on each day.
ADDRESSES:
Meeting address: The meeting will be
held in the Conference Room in
Building 1, National Oceanic and
Atmospheric Administration, Western
Regional Center, 7600 Sand Point Way
NE., Seattle, WA 98115–6349.
Council address: Pacific Council,
7700 NE. Ambassador Place, Suite 101,
Portland, OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Dr.
Kit Dahl, Pacific Council; telephone:
(503) 820–2280 or Dr. Martin Dorn,
Alaska Fisheries Science Center;
telephone: (206) 526–6548.
SUPPLEMENTARY INFORMATION: The
Subcommittee will meet with the
Integrated Ecosystem Assessment Team,
Northwest Fisheries Science Center,
National Marine Fisheries Service. The
purpose of the meeting is to review the
indicators used in the Annual State of
the California Current Ecosystem
Report, which is delivered to the Pacific
Council each March, and consider how
the report might be refined and
improved.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during the
meeting. Action will be restricted to
SUMMARY:
Appendix—Issues & Decision
Memorandum
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Comment 10: Coal Tar
Comment 11: Carbonized Materials
Comment 12: Brokerage and Handling
Denominator
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those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Mr.
Kris Kleinschmidt at (503) 820–2280 at
least 5 days prior to the meeting date.
Dated: November 19, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–27768 Filed 11–24–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD616
Western Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Western Pacific Fishery
Management Council (Council) will
hold a meeting in Hawaii in December
2014 regarding social science in the
fishery management council process.
DATES: The meeting will be held
Wednesday, December 17, 2014,
Thursday, December 18, 2014, and
Friday, December 19, 2014 from 8:30
a.m. to 5 p.m.
ADDRESSES: The meeting will take place
at the Council office, 1164 Bishop
Street, Suite 1400, Honolulu, HI;
telephone: (808) 522–8220. Site visits
for meeting participants to points of
interest on the Fishing Community of
Oahu will be conducted on Friday,
December 19, 2014.
FOR FURTHER INFORMATION CONTACT:
Kitty M. Simonds, Executive Director;
telephone: (808) 522–8220.
SUPPLEMENTARY INFORMATION: The order
in which agenda items are addressed
may change. The meetings will run as
late as necessary to complete scheduled
business.
SUMMARY:
E:\FR\FM\25NON1.SGM
25NON1
Agencies
[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70163-70166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27926]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
Preliminary Results of the sixth antidumping duty administrative review
on certain activated carbon from the People's Republic of China
(``PRC'') on May 22, 2014,\1\ in which we gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments received, we made changes to the margin
calculations for these final results of the antidumping duty
administrative review. The final weighted-average dumping margins are
listed below in the ``Final Results of the Review'' section of this
notice. The period of review (``POR'') is April 1, 2012, through March
31, 2013.
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\1\ See Certain Activated Carbon From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 29419 (May 22, 2014), and accompanying
Preliminary Decision Memorandum (``Preliminary Results'').
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DATES: Effective Date: November 25, 2014.
FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-9068.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on May 22,
2014.\2\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited
parties to comment on our Preliminary Results.\3\ On June 19, 2014, the
Department fully extended the time limit for completion of the final
results of this administrative review.\4\ The Department extended the
deadlines for submission of case and rebuttal briefs twice based on
requests from interested parties.\5\ On July 3, 2014, Albemarle,\6\
Calgon,\7\ Carbon Activated,\8\ Cherishmet,\9\ Huahui \10\ and Jacobi
\11\ submitted case briefs.\12\ On July 18, 2014, Petitioners \13\ and
Albemarle submitted rebuttal briefs.\14\ On July 29, 2014, pursuant to
19 CFR 351.302(d), we rejected Jacobi's case brief because it contained
untimely new factual information, and instructed Jacobi to resubmit a
redacted case brief, which it submitted on July 30, 2014. On September
24, 2014, the Department held a public hearing limited to issues raised
in case and rebuttal briefs.
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\2\ See id.
\3\ See id. at 29420.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, through
James Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations, from Bob Palmer, International Trade Compliance Analyst,
Office V, Antidumping and Countervailing Duty Operations: Certain
Activated Carbon from the People's Republic of China (``PRC''):
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, dated June 19, 2014.
\5\ See Memorandum to the File, from Frances Veith, Senior
International Trade Compliance Analyst, Enforcement and Compliance,
dated June 11, 2014; see also Memorandum to the File, from Frances
Veith, Senior International Trade Compliance Analyst, Enforcement
and Compliance, dated June 13, 2014 and Memorandum to the File, from
Bob Palmer, Senior International Trade Compliance Analyst,
Enforcement and Compliance, dated July 9, 2014.
\6\ Albemarle Corporation (``Albemarle'').
\7\ Calgon Carbon Corporation and Calgon Carbon (Tianjin) Co.,
Ltd. (collectively, ``Calgon'').
\8\ Carbon Activated Corporation (``Carbon Activated'').
\9\ Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.
(``Cherishmet'').
\10\ Ningxia Huahui Activated Carbon Co., Ltd. (``Huahui'').
\11\ Jacobi Carbons AB (``Jacobi'').
\12\ On July 3, 2014, M.L. Ball Co., Inc, Nichem Co., and Datong
Juqiang Activated Carbon Company, Ltd. submitted a letter supporting
arguments made by the Chinese respondents. See Letter from ML Ball,
Nichem, and Datong, dated July 3, 2014.
\13\ Calgon Carbon Corporation and Cabot Norit Americas, Inc.
(collectively, ``Petitioners'').
\14\ See Petitioners' Rebuttal Brief, dated July 18, 2014; see
also Albemarle's Rebuttal Brief, dated July 18, 2014.
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Scope of the Order
The merchandise subject to the Order is certain activated
carbon.\15\ The products are currently classifiable under the
Harmonized Tariff Schedule of the United States (``HTSUS'') subheading
3802.1000. Although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of the order
remains dispositive.\16\
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\15\ See Certain Activated Carbon from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
Fifth Antidumping Duty Administrative Review,'' (``Issues & Decision
Memo'') dated concurrently with and hereby adopted by this notice,
for a complete description of the Scope of the Order.
\16\ 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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[[Page 70164]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues & Decision Memo. A list of the issues which
parties raised is attached to this notice as an Appendix. The Issues &
Decision Memo is a public document and is on file in the Central
Records Unit (``CRU''), Room 7046 of the main Department of Commerce
building, as well as electronically via 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 and it is available to all parties in the
CRU. In addition, a complete version of the Issues & Decision Memo can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues & Decision Memo and the electronic
version of the Issues & Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
certain revisions to the margin calculations for Jacobi, Cherishmet,
and the non-examined, separate rate respondents.\17\ Further, the
Surrogate Values Memo \18\ contains descriptions of our changes to the
surrogate values.
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\17\ See Issues & Decision Memo and the company-specific
analysis memoranda for further explanation regarding these changes.
\18\ See Memorandum to the File, through Catherine Bertrand,
Program Manager, Office V, from Bob Palmer, Case Analyst, Office V,
Certain Activated Carbon From the People's Republic of China
(``PRC''): Surrogate Values for the Final Results,'' dated
concurrently with this notice (``Surrogate Values Memo'').
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Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Sinocarbon International Trading Co., Ltd. (``Sinocarbon'') did
not have any reviewable transactions during the POR. We have not
received any information to contradict this determination. Therefore,
the Department made the final determination that Sinocarbon did not
have any reviewable entries of subject merchandise during the POR, and
will issue appropriate instructions that are consistent with our
``automatic assessment'' clarification, for these final results.
Separate Rate Respondents
In our Preliminary Results, we determined that the following
companies met the criteria for separate rate status: Jacobi;
Cherishmet; Huahui; 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 Mineral
and Chemical Limited; Shanxi Sincere Industrial Co., Ltd.; Tianjin
Channel Filters Co., Ltd.\19\ We have received no comments or argument
since the issuance of the Preliminary Results that provides a basis for
reconsideration of these determinations. Therefore, the Department
continues to find that the companies listed above meet the criteria for
a separate rate.
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\19\ See Preliminary Results, 79 FR at 29420; Preliminary
Decision Memorandum at 9-11.
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Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results,\20\ and consistent with the
Department's practice,\21\ we assigned the non-examined, separate rate
companies a rate calculated using the ranged total U.S. sales
quantities from the public version of the submissions from the
individually-examined respondents with weighted-average dumping margins
that are not zero or de minimis (i.e., less than 0.5 percent) \22\ from
the public versions of their submissions.\23\ No parties have commented
on the methodology for calculating this separate rate. For the final
results, we continue to find this approach to be consistent with the
intent of section 735(c)(5)(A) of the Act and our use of section
735(c)(5)(A) of the Act as guidance when we establish the rate for
separate rate respondents not examined individually in an
administrative review.\24\
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\20\ See Preliminary Decision Memorandum at 11-12.
\21\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR 56158, 56160
(September 12, 2011) (``Vietnam Shrimp'').
\22\ See Jacobi's public version of its supplemental Section A
questionnaire response, dated August 21, 2013, at Exhibit A-1; see
also Cherishmet's public version of its supplemental Section A
questionnaire response, dated August 30, 2013, at Exhibit SA-1.
\23\ See id.
\24\ See Vietnam Shrimp, 76 FR at 56160.
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Because the calculated net U.S. sales values for the individually-
examined respondents with weighted-average dumping margins that are not
zero or de minimis are business-proprietary figures, we find that $0.04
U.S. Dollars/kilogram (``USD/kg''), which we calculated using the
publicly available figures of U.S. sales quantities for these firms, is
the best reasonable proxy for the weighted-average dumping margin based
on the calculated U.S. sales quantities of these respondents.\25\
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\25\ See Memorandum to the File from Bob Palmer, Case Analyst,
Office V, AD/CVD Operations, Re: Calculation of Separate Rate, dated
concurrently with this notice.
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PRC-Wide Entity
In the Preliminary Results, the Department determined that those
companies that did not demonstrate eligibility for a separate rate are
properly considered part of the PRC-wide entity.\26\ Since the
Preliminary Results, we received no comments regarding these findings.
Therefore, we continue to treat these entities as part of the PRC-wide
entity.
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\26\ The PRC-wide entity includes Shanxi DMD Corporation and
Tangshan Solid Carbon Co., Ltd. See Preliminary Results, 79 FR at
29420 n.5; see also Preliminary Decision Memorandum at 12-13.
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Rate for the PRC-Wide Entity
The Department used the rate of 2.42 USD/kg in the most recent
completed administrative review of this antidumping order for the PRC-
wide entity.\27\ Because nothing on the record of the instant review
calls into question the reliability of this rate, we find it
appropriate to continue to apply the rate of 2.42 USD/kg to the PRC-
wide entity for these final results.\28\
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\27\ See Certain Activated Carbon From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2011-2012, 78 FR 70533, 70535 (November 26, 2013) (``AR5 Carbon'').
\28\ See, e.g., id.
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Final Results of the Review
The weighted-average dumping margins for this POR are as follows:
[[Page 70165]]
------------------------------------------------------------------------
Margin
Exporter (dollars per
kilogram) \29\
------------------------------------------------------------------------
Jacobi Carbons AB \30\.................................. 0.04
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 0.04
\31\...................................................
Calgon Carbon (Tianjin) Co., Ltd........................ 0.04
Datong Juqiang Activated Carbon Co., Ltd................ 0.04
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 0.04
Jilin Bright Future Chemicals Company, Ltd.............. 0.04
Ningxia Huahui Activated Carbon Co., Ltd................ 0.04
Ningxia Mineral and Chemical Limited.................... 0.04
Shanxi Sincere Industrial Co., Ltd...................... 0.04
Tianjin Channel Filters Co., Ltd........................ 0.04
PRC-Wide Rate \32\...................................... 2.42
------------------------------------------------------------------------
Assessment Rates
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\29\ 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).
\30\ In the third administrative review, the Department found
Jacobi, 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 that 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, 67145 n.25
(October 31, 2011); see also Certain Activated Carbon From the
People's Republic of China; 2010-2011; Final Results of Antidumping
Duty Administrative Review, 77 FR 67337, 67338 n.22 (November 9,
2012); AR5 Carbon, 78 FR at 70535 n.32.
\31\ 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
that 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, 21319 (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, 57998 (November 10, 2009); AR5 Carbon, 78 FR at 70535 n.33.
\32\ The PRC-wide entity includes the Shanxi DMD Corporation and
Tangshan Solid Carbon Co., Ltd.
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Pursuant to 19 CFR 351.212(b), the Department has determined, and
U.S Customs and Border Protection (``CBP'') shall assess, antidumping
duties on all appropriate entries covered by this review. The
Department intends to issue assessment instructions to CBP 15 days
after the publication date of these final results of this review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or
customer-) specific assessment rates for the merchandise subject to
this review. As the Department stated in the most recent administrative
review,\33\ we will continue to direct CBP to assess importer-specific
assessment rates based on the resulting per-unit (i.e., per-kilogram)
rates by the weight in kilograms of each entry of the subject
merchandise during the POR. Specifically, we calculated importer-
specific duty assessment rates on a per-unit rate basis by dividing the
total amount of dumping for each importer by the total sales quantity
of subject merchandise sold to that importer during the POR. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), 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.\34\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate 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.
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\33\ See AR5 Carbon, 78 FR at 70535.
\34\ See 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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The Department 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 NME-wide rate. In addition, 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 NME-wide rate.\35\
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\35\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Jacobi, Cherishmet
and the non-examined, separate rate respondents, the cash deposit rate
will be equal to their weighted-average dumping margins established in
the final results of this review, except if the rate is zero or de
minimis, then no cash deposit will be required; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding; (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 equal to the weighted-average dumping
margin for the PRC-wide entity established in the final results of this
review; and (4) for all non-PRC exporters of subject merchandise which
have not received their own rate, the cash deposit rate will be the
rate applicable to the PRC exporters that supplied that non-PRC
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Disclosure
We intend to 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)(2) 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 double antidumping duties.
[[Page 70166]]
Notification Regarding Administrative Protective Order
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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: November 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues & Decision Memorandum
General Issues
Comment 1: Whether Albemarle Corporation Is a Domestic Interested
Party
Comment 2: Differential Pricing
A. Withdrawal of the Targeted Dumping Regulation
B. Application of the Differential Pricing Analysis
C. Explanation of the Differential Pricing Analysis
Comment 3: Whether Separate Rate Respondents Should Receive Zero or
De Minimis Margins
Surrogate Values
Comment 4: Anthracite Coal Surrogate Value
Comment 5: Surrogate Financial Statement Selection
A. Related Party Transactions
B. Whether the Financial Ratios of BF Industries Are Outliers
C. Whether BF Industries Financial Statements Demonstrated
Benefits Received From Countervailable Subsidies
D. Whether To Reject Financial Statements With Non-Interest
Bearing Loans
Comment 6: Surrogate Financial Ratio Calculation
A. Calculation of Premium AC's Surrogate Financial Ratios
B. Calculation of Mapecon's Surrogate Financial Ratios
C. Categorization of Bank Charges for Premium AC and Davao
D. Categorization of Insurance Expenses for Davao and Philips
Carbon
E. Categorization of Travel and Transport Expenses for Davao
F. Labor in Financial Ratios
Comment 7: ILO 6A Labor Calculation
Comment 8: Electricity
Comment 9: Water
Comment 10: Coal Tar
Comment 11: Carbonized Materials
Comment 12: Brokerage and Handling Denominator
Company Specific Issues
Comment 13: Jacobi's Packing Calculation
[FR Doc. 2014-27926 Filed 11-24-14; 8:45 am]
BILLING CODE 3510-DS-P