Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 25669-25671 [2015-10508]
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
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; 2013–
2014
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, 2013,
through March 31, 2014. The
Department preliminarily finds that
subject merchandise has been sold in
the United States at prices below normal
value (‘‘NV’’) during the POR. The
Department invites interested parties to
comment on these preliminary results.
DATES: Effective Date: May 5, 2015.
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:
AGENCY:
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.
Preliminary Determination of No
Shipments
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Based on an analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information, and no shipment
1 For a complete description of the Scope of the
Order, see ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review: Certain Activated Carbon
from the People’s Republic of China; 2013–14’’
(‘‘Preliminary Decision Memorandum’’) from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado Assistant Secretary for Enforcement
and Compliance, issued concurrently with, and
hereby adopted by, this notice.
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Jkt 235001
certifications submitted by Sinoacarbon
International Trading Co., Ltd.
(‘‘Sinoacarbon’’), the Department
preliminarily determines that
Sinoacarbon had no shipments during
the POR. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with our practice in nonmarket economy (‘‘NME’’) cases, the
Department is not rescinding this
review, in part, but intends to complete
the review with respect to Sinoacarbon,
for which it has preliminarily found no
shipments, and issue appropriate
instructions to CBP based on the final
results of the review.2
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). We calculated
constructed export prices and export
prices in accordance with section 772 of
the Act. Because the PRC is a nonmarket 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. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice. 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 (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov/login.aspx
and it is available to all parties in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum is available at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
The Department preliminarily finds
that four companies subject to this
review did not establish eligibility for a
separate rate. As such, we preliminarily
determine they are part of the PRC-wide
entity.3 Because no party requested a
2 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
3 Those four companies are Ningxia Guanghua
A/C Co., Ltd., Shanghai Astronautical Science
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25669
review of the PRC-wide entity and the
Department no longer considers the
PRC-wide entity as an exporter
conditionally subject to administrative
reviews,4 we did not conduct a review
of the PRC-wide entity. Thus, the rate
for the-NME entity is not subject to
change as a result of this review.
For companies subject to this review
which established their eligibility for a
separate rate, the Department
preliminarily determines that the
following weighted-average dumping
margins exist for the POR from April 1,
2013, through March 31, 2014:
Exporter
Jacobi Carbons AB 6 ............
Datong Juqiang Activated
Carbon Co., Ltd ................
Carbon Activated Tianjin Co.,
Ltd .....................................
Calgon Carbon (Tianjin) Co.,
Ltd .....................................
Datong Municipal Yunguang
Activated Carbon Co., Ltd
Jilin Bright Future Chemicals
Company, Ltd ....................
Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd 7 ....................
Ningxia Huahui Activated
Carbon Co., Ltd ................
Ningxia Mineral and Chemical Limited ........................
Shanxi DMD Corporation .....
Shanxi Industry Technology
Trading Co., Ltd ................
Shanxi Sincere Industrial
Co., Ltd .............................
Tancarb Activated Carbon
Co., Ltd .............................
Tianjin Channel Filters Co.,
Ltd .....................................
Tianjin Maijin Industries Co.,
Ltd .....................................
Weightedaverage
dumping
margin
(U.S. dollars
per kilogram) 5
0.53
0.00
0.53
0.53
0.53
0.53
0.53
0.53
0.53
0.53
0.53
0.53
0.53
0.53
0.53
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).
Technology Development Corporation, Tangshan
Solid Carbon Co., Ltd., and Zhejiang Xingda
Activated Carbon Co., Ltd.
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
5 In the second administrative review of the
Order, the Department determined that it would
calculate per-unit weighted-average dumping
margins and assessment rates for all future reviews.
E:\FR\FM\05MYN1.SGM
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
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.8 Rebuttal briefs must
be limited to issues raised in the case
briefs.9 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.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
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). See also Notice of
Antidumping Duty Order: Certain Activated Carbon
From the People’s Republic of China, 72 FR 20988
(April 27, 2007) (‘‘Order’’).
6 In the third administrative review, the
Department found that 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 since that determination
was made, we continue to find that these
companies are part of a single entity for this
administrative 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, 67338 (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); Certain
Activated Carbon From the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; 2012–2013, 79 FR 70163,
70165 (November 25, 2014).
7 In the first administrative review, the
Department found that 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 since that
determination, we continue to find that these
companies are part of a single entity for this
administrative 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; Certain Activated Carbon From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2012–2013, 79 FR
70163, 70165 (November 25, 2014).
8 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also 19 CFR 351.303 (for general filing
requirements).
9 See 19 CFR 351.309(d)(2).
10 See 19 CFR 351.309(c)(2) and (d)(2).
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17:18 May 04, 2015
Jkt 235001
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 parties intend to
discuss. Issues raised in the hearing will
be limited to those raised in the
respective case and rebuttal briefs.11 If
a request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a date
and time to be determined.12 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by 5 p.m. Eastern Time
(‘‘ET’’) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
also calculate (estimated) ad valorem
importer-specific assessment rates with
which to assess whether the per-unit
assessment rate is de minimis. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific ad valorem assessment rate
calculated in the final results of this
review is not zero or de minimis. Where
either the respondent’s ad valorem
weighted-average dumping margin is
zero or de minimis, or an importerspecific ad valorem assessment rate is
zero or de minimis,15 we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries that were not reported in
the U.S. sales data submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the rate for the PRC-wide entity.16
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 rate for the PRCwide entity.17
In accordance with section
751(a)(2)(C) of the Act, 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 antidumping
duties, where applicable.
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.13 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 (estimated) ad valorem weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.50 percent)
in the final results of this review, 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 quantity of those
sales, in accordance with 19 CFR
351.212(b)(1).14 The Department will
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 in the final
results of review, the cash deposit rate
will be equal to the weighted-average
dumping margin established in the final
results of this review (except, if the rate
is de minimis, then cash deposit rate
will be zero); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in the
completed segment of this proceeding
for the most recent period, the cash
deposit rate will continue to be the
11 See
19 CFR 351.310(c).
19 CFR 351.310(d).
13 See 19 CFR 351.212(b)(1).
14 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
12 See
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
15 See 19 CFR 351.106(c)(2).
16 Id.
17 Id.
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05MYN1
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
existing exporter-specific cash deposit
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 the rate for the PRCwide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own separate
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 POR.
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.
Notification to Interested Parties
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: April 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
asabaliauskas on DSK5VPTVN1PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
a. Initiation
b. Respondent Selection
c. Questionnaires
d. Scope of the Order
3. Discussion of the Methodology
a. Preliminary Determination of No
Shipments
b. Non-Market Economy Country
c. Separate Rates
d. Affiliation and Collapsing
e. Weighted-Average Dumping Margin for
Non-Examined Separate Rate Companies
f. Surrogate Country and Surrogate Value
Data
g. Facts Available for Normal Value
h. Date of Sale
i. Comparisons to Normal Value
j. U.S. Price
k. Normal Value
l. Currency Conversion
4. Recommendation
[FR Doc. 2015–10508 Filed 5–4–15; 8:45 am]
BILLING CODE 3510–DS–P
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17:18 May 04, 2015
Jkt 235001
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No. 150416372–5372–01]
DEPARTMENT OF STATE
DEPARTMENT OF TRANSPORTATION
Information on Claims Raised About
State-Owned Airlines in Qatar and the
UAE
International Trade
Administration, U.S. Department of
Commerce; Transportation Affairs,
Bureau for Economic and Business
Affairs, U.S. Department of State; Office
of Aviation and International Affairs,
U.S. Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:
This notice announces that
the Departments of Commerce, State,
and Transportation are interested in
obtaining from interested stakeholders
information regarding their views on
claims that three foreign airlines—
Emirates Airline, Etihad Airways, and
Qatar Airways—have received and are
benefitting from subsidies from their
homeland governments that are
distorting the global aviation market.
DATES: The comment period for this
notice is now open and will remain
open for the foreseeable future. As
explained below, however, anyone
interested in providing input to the
Departments before they determine
what actions should be taken, if any,
should submit information as soon as
practicable.
SUMMARY:
You may submit comments
on this document via the Federal
e-Rulemaking Portal at https://
www.regulations.gov. You may submit
comments in any (or all) of the three
docket numbers open for comment:
• DOT–OST–2015–0082
• DOS–2015–0016
• DOC–2015–0001
FOR FURTHER INFORMATION CONTACT:
Eugene Alford, Office of Supply Chain,
Professional & Business Services,
International Trade Administration,
U.S. Department of Commerce (Phone:
(202) 482–5071 or Email: Airservices@
trade.gov). Robert Newsome,
Transportation Affairs, Bureau for
Economic and Business Affairs, U.S.
Department of State (Phone: (202) 647–
7540 or Email: newsomerc@state.gov).
Reese Davidson, Office of International
Aviation, Office of Aviation and
International Affairs, U.S. Department of
Transportation (Phone: (202) 366–8161
or Email: Reese.Davidson@dot.gov).
ADDRESSES:
PO 00000
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25671
Claire McKenna, Office of Operations,
Office of the General Counsel, U.S.
Department of Transportation (Phone:
(202) 366–0365 or Email:
Claire.McKenna@dot.gov).
SUPPLEMENTARY INFORMATION:
Background: The U.S. Departments of
Commerce, State, and Transportation
are reviewing claims that three foreign
airlines—Emirates Airline, Etihad
Airways, and Qatar Airways—have
received and are benefitting from
subsidies from their respective
governments of the United Arab
Emirates (UAE) and Qatar that are
distorting the global aviation market.
The claims, which are asserted in a
publicly available report, are of
significant interest to stakeholders and
all three Federal agencies. The U.S.
government takes seriously the concerns
raised in the report and is interested in
receiving insights and feedback from
stakeholders before any decisions are
made regarding what action, if any,
should be taken. Accordingly,
consistent with the Obama
Administration’s Open Government
Initiative and commitment to
transparency, public participation, and
collaboration, the three Departments are
announcing the establishment of an
open forum by which any interested
stakeholder may submit information
regarding their views on this subject and
have access to such information
submitted by other interested
stakeholders.
Any interested person or group may
submit information, responses to
existing materials, or any other analysis
that they might wish to provide the U.S.
government on this subject on the
www.regulations.gov Web site. Each
Department will have a corresponding
number—listed below—on
www.regulations.gov, and all
submissions will be reviewed jointly by
the interagency team.
No provision has been made for
submission of confidential material to
these dockets. The materials in the
docket will not be edited to remove
identifying or contact information. The
Departments caution against including
any information in an electronic
submission that one does not want
publicly disclosed.
All correspondence on this subject
received by the Departments after the
issuance of this notice will be
considered part of this submission
process and will be posted in
www.regulations.gov for the benefit of
the public, unless the submitter has
requested and been granted confidential
treatment of commercial information by
the Departments. To the extent allowed
E:\FR\FM\05MYN1.SGM
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Agencies
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25669-25671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10508]
[[Page 25669]]
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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; 2013-
2014
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, 2013, through March 31, 2014. The
Department preliminarily finds that subject merchandise has been sold
in the United States at prices below normal value (``NV'') during the
POR. The Department invites interested parties to comment on these
preliminary results.
DATES: Effective Date: May 5, 2015.
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\ For a complete description of the Scope of the Order, see
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review: Certain Activated Carbon from the
People's Republic of China; 2013-14'' (``Preliminary Decision
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado
Assistant Secretary for Enforcement and Compliance, issued
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection
(``CBP'') information, and no shipment certifications submitted by
Sinoacarbon International Trading Co., Ltd. (``Sinoacarbon''), the
Department preliminarily determines that Sinoacarbon had no shipments
during the POR. For additional information regarding this
determination, see the Preliminary Decision Memorandum.
Consistent with our practice in non-market economy (``NME'') cases,
the Department is not rescinding this review, in part, but intends to
complete the review with respect to Sinoacarbon, for which it has
preliminarily found no shipments, and issue appropriate instructions to
CBP based on the final results of the review.\2\
---------------------------------------------------------------------------
\2\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). We
calculated constructed export prices and export prices 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. A list of the
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. 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 (``ACCESS''). ACCESS is available to registered users at
https://access.trade.gov/login.aspx and it is available to all parties
in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum is available at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision Memorandum and the electronic versions
of the Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
The Department preliminarily finds that four companies subject to
this review did not establish eligibility for a separate rate. As such,
we preliminarily determine they are part of the PRC-wide entity.\3\
Because no party requested a review of the PRC-wide entity and the
Department no longer considers the PRC-wide entity as an exporter
conditionally subject to administrative reviews,\4\ we did not conduct
a review of the PRC-wide entity. Thus, the rate for the-NME entity is
not subject to change as a result of this review.
---------------------------------------------------------------------------
\3\ Those four companies are Ningxia Guanghua A/C Co., Ltd.,
Shanghai Astronautical Science Technology Development Corporation,
Tangshan Solid Carbon Co., Ltd., and Zhejiang Xingda Activated
Carbon Co., Ltd.
\4\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
---------------------------------------------------------------------------
For companies subject to this review which established their
eligibility for a separate rate, the Department preliminarily
determines that the following weighted-average dumping margins exist
for the POR from April 1, 2013, through March 31, 2014:
------------------------------------------------------------------------
Weighted-
average
dumping margin
Exporter (U.S. dollars
per kilogram)
\5\
------------------------------------------------------------------------
Jacobi Carbons AB \6\................................... 0.53
Datong Juqiang Activated Carbon Co., Ltd................ 0.00
Carbon Activated Tianjin Co., Ltd....................... 0.53
Calgon Carbon (Tianjin) Co., Ltd........................ 0.53
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 0.53
Jilin Bright Future Chemicals Company, Ltd.............. 0.53
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 0.53
\7\....................................................
Ningxia Huahui Activated Carbon Co., Ltd................ 0.53
Ningxia Mineral and Chemical Limited.................... 0.53
Shanxi DMD Corporation.................................. 0.53
Shanxi Industry Technology Trading Co., Ltd............. 0.53
Shanxi Sincere Industrial Co., Ltd...................... 0.53
Tancarb Activated Carbon Co., Ltd....................... 0.53
Tianjin Channel Filters Co., Ltd........................ 0.53
Tianjin Maijin Industries Co., Ltd...................... 0.53
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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 the Order, the
Department determined that it would calculate per-unit weighted-
average dumping margins and assessment 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). See
also Notice of Antidumping Duty Order: Certain Activated Carbon From
the People's Republic of China, 72 FR 20988 (April 27, 2007)
(``Order'').
\6\ In the third administrative review, the Department found
that 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 since that determination was made, we continue to find that
these companies are part of a single entity for this administrative
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, 67338 (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);
Certain Activated Carbon From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR
70163, 70165 (November 25, 2014).
\7\ In the first administrative review, the Department found
that 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 since
that determination, we continue to find that these companies are
part of a single entity for this administrative 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; Certain
Activated Carbon From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012-2013, 79 FR 70163,
70165 (November 25, 2014).
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[[Page 25670]]
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.\8\ Rebuttal briefs must be
limited to issues raised in the case briefs.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\9\ See 19 CFR 351.309(d)(2).
\10\ 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
parties intend to discuss. Issues raised in the hearing will be limited
to those raised in the respective case and rebuttal briefs.\11\ If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date and time to be
determined.\12\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by 5 p.m. Eastern Time (``ET'')
on the due date. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of
receipt by 5 p.m. ET on the due date.
Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any briefs, within 120 days
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
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.\13\ 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 (estimated) ad
valorem weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) 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 quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\14\ The Department will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to assess whether the per-unit assessment rate is de
minimis. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
ad valorem assessment rate calculated in the final results of this
review is not zero or de minimis. Where either the respondent's ad
valorem weighted-average dumping margin is zero or de minimis, or an
importer-specific ad valorem assessment rate is zero or de minimis,\15\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\13\ See 19 CFR 351.212(b)(1).
\14\ 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).
\15\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, the Department
will instruct CBP to liquidate such entries at the rate for the PRC-
wide entity.\16\ 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 rate for the PRC-
wide entity.\17\
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\16\ Id.
\17\ Id.
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In accordance with section 751(a)(2)(C) of the Act, 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 antidumping
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 in the final results of review, the cash deposit rate
will be equal to the weighted-average dumping margin established in the
final results of this review (except, if the rate is de minimis, then
cash deposit rate will be zero); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in the completed segment of this proceeding for the most
recent period, the cash deposit rate will continue to be the
[[Page 25671]]
existing exporter-specific cash deposit 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 the rate for the PRC-wide
entity; and (4) for all non-PRC exporters of subject merchandise which
have not received their own separate 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 POR. 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.
Notification to Interested Parties
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: April 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
a. Initiation
b. Respondent Selection
c. Questionnaires
d. Scope of the Order
3. Discussion of the Methodology
a. Preliminary Determination of No Shipments
b. Non-Market Economy Country
c. Separate Rates
d. Affiliation and Collapsing
e. Weighted-Average Dumping Margin for Non-Examined Separate
Rate Companies
f. Surrogate Country and Surrogate Value Data
g. Facts Available for Normal Value
h. Date of Sale
i. Comparisons to Normal Value
j. U.S. Price
k. Normal Value
l. Currency Conversion
4. Recommendation
[FR Doc. 2015-10508 Filed 5-4-15; 8:45 am]
BILLING CODE 3510-DS-P