Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 61172-61175 [2015-25810]
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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
circumstances review to be conducted
upon receipt of a request which shows
changed circumstances sufficient to
warrant a review. Section 782(h)(2) of
the Act gives the Department the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
order. 19 CFR 351.222(g) provides that
the Department will conduct a changed
circumstances review under 19 CFR
351.216, and may revoke an order (in
whole or in part), if it concludes that: (i)
Producers accounting for substantially
all of the production of the domestic
like product to which the order pertains
have expressed a lack of interest in the
relief provided by the order, in whole or
in part, or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Both the Act and the
Department’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
the Department to revoke the order, in
whole or in part.20 The Department has
interpreted ‘‘substantially all’’ to
represent producers accounting for at
least 85 percent of U.S. production of
the domestic like product.21
The Department’s regulations do not
specify a deadline for the issuance of
the preliminary results of a changed
circumstances review, but provide that
the Department will issue the final
results of review within 270 days after
the date on which the changed
circumstances review is initiated, or
within 45 days if all parties to the
proceeding agree to the outcome of the
review.22 The Department did not issue
a combined notice of initiation and
preliminary results because the
statement provided by Petitioners and
offered in support of Olollo’s Request
did not indicate whether Petitioners
account for substantially all domestic
wooden bedroom furniture
production.23 Thus, the Department did
not determine in the Initiation Notice
that producers accounting for
substantially all of the production of the
domestic like product lacked interest in
the continued application of the Order
as to certain bed bases. Further, the
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20 See
section 782(h) of the Act and 19 CFR
351.222(g).
21 See Honey From Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012), unchanged in Honey
From Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 77029
(December 31, 2012)(‘‘Honey From Argentina’’).
22 See 19 CFR 351.216(e).
23 See Initiation Notice.
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Department invited interested parties to
comment on the issue of domestic
industry support of the proposed partial
revocation.24 Because the Department
received no comments concerning a lack
of industry support or opposing
initiation of this changed circumstances
review of the Order, the Department
now preliminarily finds that producers
accounting for substantially all of the
production of the domestic like product
lack interest in the relief afforded by the
Order with respect to the bed bases
described in Olollo’s Request. The
Department will consider comments
from interested parties on these
preliminary results before issuing the
final results of this review.25
As noted in the Initiation Notice,
Olollo requested revocation of the
Order, in part, and supported its
request. In light of Olollo’s Request, and
the absence of any interested party
comments during the comment period,
we preliminarily conclude that changed
circumstances warrant revocation of the
Order, in part, with respect to certain
bed bases because the producers
accounting for substantially all of the
production of the domestic like product
to which the Order pertains lack interest
in the relief provided by the Order with
respect to the bed bases that are the
subject of Olollo’s Request.
Accordingly, we are notifying the
public of our intent to revoke the Order,
in part, with respect to certain bed
bases. We intend to revoke the Order as
to certain bed bases by including the
following language in the scope of the
Order:
Also excluded from the scope are certain
bed bases consisting of: (1) A wooden box
frame, (2) three wooden cross beams and one
perpendicular center wooden support beam,
and (3) wooden slats over the beams. These
bed bases are constructed without inner
springs and/or coils and do not include a
headboard, footboard, side rails, or mattress.
The bed bases are imported unassembled.
Public Comment
Interested parties are invited to
comment on these preliminary results in
accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted no later than 14 days after
the date of publication of these
preliminary results. Rebuttals to written
24 Id.
25 See,
e.g., Honey From Argentina; Antidumping
and Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012); Aluminum Extrusions
From the People’s Republic of China: Preliminary
Results of Changed Circumstances Reviews, and
Intent to Revoke Antidumping and Countervailing
Duty Orders in Part, 78 FR 66895 (November 7,
2013); see also 19 CFR 351.222(g)(1)(v).
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comments, limited to issues raised in
such comments, may be filed no later
than seven days after the due date for
comments. All submissions must be
filed electronically using Enforcement
and Compliance’s AD and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the day it is due.
The Department will issue the final
results of this changed circumstances
review, which will include its analysis
of any written comments, no later than
270 days after the date on which this
review was initiated.
If, in the final results of this review,
the Department continues to determine
that changed circumstances warrant the
revocation of the Order, in part, with
respect to certain bed bases, the
Department will instruct U.S. Customs
and Border Protection to liquidate
without regard to antidumping duties,
and to refund any estimated
antidumping duties on, all unliquidated
entries of the merchandise covered by
the revocation that are not covered by
the final results of an administrative
review or automatic liquidation.
The current requirement for cash
deposits of estimated antidumping
duties on all entries of subject
merchandise will continue unless it is
modified pursuant to the final results of
this changed circumstances review.
These preliminary results of review
and notice are in accordance with
sections 751(b) and 777(i) of the Act and
19 CFR 351.221 and 19 CFR 351.222.
Dated: October 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–25812 Filed 10–8–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
AGENCY:
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Preliminary Results of the seventh
antidumping duty administrative review
on certain activated carbon from the
People’s Republic of China (‘‘PRC’’) on
May 5, 2015.1 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,
2013, through March 31, 2014.
DATES:
Effective date: October 9, 2015.
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
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The Department published the
Preliminary Results on May 5, 2015.2 In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.3
In the Preliminary Results, the
Department provided parties the
opportunity to submit post-Preliminary
Results comments on surrogate country
lists and surrogate country selection.
The Department extended this deadline
based on requests from interested
parties.4 Additionally, the Department
extended the deadlines for submission
of case and rebuttal briefs three times
based on requests from interested
parties.5 On June 22, 2015, Carbon
1 See Certain Activated Carbon From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 25669 (May 5, 2015), and
accompanying Preliminary Decision Memorandum
(‘‘Preliminary Results’’).
2 Id.
3 Id.
4 See Memorandum to the File, from Frances
Veith, Senior International Trade Compliance
Analyst, Enforcement and Compliance, dated May
5, 2015; see also Memorandum to the File, from
Frances Veith, Senior International Trade
Compliance Analyst, Enforcement and Compliance,
dated May 6, 2015.
5 See Memorandum to the File, from Frances
Veith, Senior International Trade Compliance
Analyst, Enforcement and Compliance, dated May
26, 2015; see also Memorandum to the File, from
Frances Veith, Senior International Trade
Compliance Analyst, Enforcement and Compliance,
dated June 15, 2015, see also Memorandum to the
File, from Frances Veith, Senior International Trade
Compliance Analyst, Enforcement and Compliance,
dated June 24, 2015.
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Activated,6 Datong,7 Jacobi,8 and
Petitioners 9 submitted case briefs. On
July 2, 2015, Carbon Activated, Datong,
Jacobi, and Petitioners submitted
rebuttal briefs. On June 26, 2015,
pursuant to 19 CFR 351.302(d), we
rejected Petitioners’ case brief because it
contained untimely new factual
information, and instructed Petitioners
to resubmit a redacted case brief, which
they submitted on June 30, 2015. On
July 31, 2015, the Department held a
public hearing. On August 27, 2015, the
Department partially extended the
deadline for issuing the final results by
30 days.10
Scope of the Order
The merchandise subject to the
Order 11 is certain activated carbon. 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.12
Analysis of Comments Received
In the Issues and Decision Memo, we
addressed all issues raised in parties’
case and rebuttal briefs. In an Appendix
to this notice, we have provided a list
of the issues raised by parties. The
Issues and Decision Memo is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room B8024 of
the main Department of Commerce
building, as well as electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
6 Carbon Activated Tianjin Co. Ltd. (‘‘Carbon
Activated’’).
7 Datong Juqiang Activated Carbon Co., Ltd.
(‘‘Juqiang’’).
8 Jacobi Carbons AB (‘‘Jacobi’’).
9 Calgon Carbon Corporation and Cabot Norit
Americas, Inc. (collectively, ‘‘Petitioners’’).
10 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary, through James C. Doyle,
Director, Office V, from Bob Palmer International
Trade Compliance Analyst, Office V, regarding
‘‘Certain Activated Carbon from the People’s
Republic of China (‘‘PRC’’): Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review,’’ dated August 27, 2015.
11 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (‘‘Order’’).
12 See Memorandum to Ronald Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, regarding ‘‘Certain
Activated Carbon from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Results of the Seventh Antidumping Duty
Administrative Review,’’ dated concurrently with
and hereby adopted by this notice, (‘‘Issues and
Decision Memo’’) for a complete description of the
Scope of the Order.
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(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the CRU. In addition, parties
can directly access a complete version
of the Issues and Decision Memo on the
internet at https://enforcement.trade.gov/
frn/. The signed Issues and
Decision Memo and the electronic
version of the Issues and 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,
Datong, and the non-examined, separate
rate respondents.13 Further, the
Surrogate Values Memo14 contains
descriptions of our changes to the
surrogate values.
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Sinoacarbon International Trading
Co., Ltd. (‘‘Sinoacarbon’’) did not have
any reviewable transactions during the
POR.15 We have not received any
information to contradict this
determination. Therefore, the
Department determines that
Sinoacarbon 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.16
Separate Rate Respondents
In our Preliminary Results, we
determined that the following
companies (including both mandatory
respondents) met the criteria for
separate rate status: Beijing Pacific
13 See Issues and Decision Memo and the
company-specific analysis memoranda for further
explanation regarding these changes.
14 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’’).
15 With respect to one company under review,
Ningxia Guanghua Activated Carbon Co., Ltd.
(‘‘Guanghua’’), we preliminarily determined not to
consider the company’s statement of no shipments
because we determined that Guanghua is part of a
single entity with Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd. No party commented on
that determination, and we continue to find that
Guanghua’s exports are subject to the cash deposit
rate established for the single entity in this review.
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 4, 2011) (‘‘Assessment Practice
Refinement’’).
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Activated Carbon Products Co., Ltd.,17
Calgon Carbon (Tianjin) Co., Ltd.;
Carbon Activated Tianjin Co., Ltd.;
Datong Municipal Yunguang Activated
Carbon Co., Ltd.; Datong Juqiang
Activated Carbon Co., Ltd.; Jacobi
Carbons AB; Jilin Bright Future
Chemicals Company, Ltd.; Ningxia
Guanghua Cherishmet Activated Carbon
Co., Ltd.; Ningxia Huahui Activated
Carbon Co., Ltd.; Ningxia Mineral &
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.; and Tianjin
Maijin Industries Co., Ltd.18 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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Rate for Non-Examined Separate Rate
Respondents
In the Preliminary Results, we
assigned Jacobi’s rate to the nonindividually examined companies that
are eligible for a separate rate because
only Jacobi had a preliminary estimated
weighted-average dumping margin
which was not zero, de minimis or
based entirely on FA.19 In this final
results of review, Jacobi continues to be
the only individually examined
company that has an estimated
weighted-average dumping margin
which is not zero, de minimis or based
entirely on FA. Therefore, we will use
the rate calculated for Jacobi, which is
1.05 U.S. Dollars per kilogram, as the
rate for those companies which were not
examined and which are eligible for a
separate rate. The Separate-Rate
17 In the first administrative review, the
Department found Beijing Pacific Activated Carbon
Products Co., Ltd., Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd., and Guanghua are a
single entity and there is no information on the
record to indicate the facts have changed.
Therefore, we continue to treat these companies as
a single entity. See Certain Activated Carbon From
the People’s Republic of China: Notice of
Preliminary Results of the Antidumping Duty
Administrative Review and Extension of Time
Limits for the Final Results, 74 FR 21317 (May 7,
2009), unchanged in First Administrative Review of
Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 74 FR 57995
(November 10, 2009) (‘‘AR1 Carbon’’); AR5 PRC
Carbon Final, 78 FR at 70535; Certain Activated
Carbon From the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 70163, 70165 (November
26, 2013) at footnote 33.
18 See Preliminary Results, 80 FR 25669;
Preliminary Decision Memorandum at 6–11.
19 See Preliminary Decision Memorandum at 11–
12.
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Applicants receiving this rate are
identified by name in the below ‘‘Final
Results of the Review’’ section of this
notice. No parties have commented on
the methodology for calculating this
separate rate.
Final Results of the Review
The Department continues to find that
the four companies not eligible for a
separate rate are part of the PRC-wide
entity. 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. 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,20 we did not conduct a review
of the PRC-wide entity. Thus, the rate
for the PRC-wide entity is not subject to
change as a result of this review.21
For companies subject to this review
which established their eligibility for a
separate rate,22 the Department
determines that the following weightedaverage dumping margins exist for the
POR from April 1, 2013, through March
31, 2014: 23
20 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).
21 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’’).
22 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).
23 As noted above, Beijing Pacific Activated
Carbon Products Co., Ltd., Ningxia Guanghua
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Exporter
Jacobi Carbons AB 22 ...........
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 23 ..................
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) 21
1.05
0.00
1.05
1.05
1.05
1.05
1.05
1.05
1.05
1.05
1.05
1.05
1.05
1.05
1.05
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 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,24 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
Cherishmet Activated Carbon Co., Ltd., and Ningxia
Guanghua Activated Carbon Co., Ltd. comprise a
single entity.
24 See AR6 Carbon, 79 FR at 70165.
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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.25 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.
Pursuant to a refinement in the
Department’s non-market economy
(‘‘NME’’) practice, for entries that were
not reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. 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 PRC-wide rate.26
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,
Datong, 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; (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 in which they were
reviewed; (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
25 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).
26 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
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the PRC-wide entity (i.e., 2.42 U.S.
Dollars per kilogram); 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.
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: October 2, 2015.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Discussion of the Issues
General Issues
Comment 1: Surrogate Country
Comment 2: Financial Statements
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
61175
Comment 3: Value Added Tax and Entered
Value
Comment 4: Application of the Differential
Pricing Analysis
Surrogate Values
Comment 5: Anthracite Coal Surrogate
Value
Comment 6: Carbonized Material Surrogate
Value
Comment 7: Surrogate Value–Coal Tar
Comment 8: Surrogate Value–Buckle
Comment 9: Surrogate Value–Paperboard
Comment 10: Surrogate Value–
Hydrochloric Acid
Comment 11: Labor
Comment 12: Brokerage and Handling
Comment 13: Truck Freight
Company Specific Issues
Comment 14: Whether the Department
Correctly Converted Jacobi’s Indirect
Selling Expense From Pounds to Metric
Tons in Its Margin Program
Comment 15: Juqiang’s Margin Program
[FR Doc. 2015–25810 Filed 10–8–15; 8:45 am]
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SUMMARY:
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61172-61175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25810]
-----------------------------------------------------------------------
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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
[[Page 61173]]
Preliminary Results of the seventh antidumping duty administrative
review on certain activated carbon from the People's Republic of China
(``PRC'') on May 5, 2015.\1\ 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, 2013, through March 31, 2014.
---------------------------------------------------------------------------
\1\ See Certain Activated Carbon From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2013-2014, 80 FR 25669 (May 5, 2015), and accompanying
Preliminary Decision Memorandum (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective date: October 9, 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:
Background
The Department published the Preliminary Results on May 5, 2015.\2\
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.\3\ In the Preliminary Results, the
Department provided parties the opportunity to submit post-Preliminary
Results comments on surrogate country lists and surrogate country
selection. The Department extended this deadline based on requests from
interested parties.\4\ Additionally, the Department extended the
deadlines for submission of case and rebuttal briefs three times based
on requests from interested parties.\5\ On June 22, 2015, Carbon
Activated,\6\ Datong,\7\ Jacobi,\8\ and Petitioners \9\ submitted case
briefs. On July 2, 2015, Carbon Activated, Datong, Jacobi, and
Petitioners submitted rebuttal briefs. On June 26, 2015, pursuant to 19
CFR 351.302(d), we rejected Petitioners' case brief because it
contained untimely new factual information, and instructed Petitioners
to resubmit a redacted case brief, which they submitted on June 30,
2015. On July 31, 2015, the Department held a public hearing. On August
27, 2015, the Department partially extended the deadline for issuing
the final results by 30 days.\10\
---------------------------------------------------------------------------
\2\ Id.
\3\ Id.
\4\ See Memorandum to the File, from Frances Veith, Senior
International Trade Compliance Analyst, Enforcement and Compliance,
dated May 5, 2015; see also Memorandum to the File, from Frances
Veith, Senior International Trade Compliance Analyst, Enforcement
and Compliance, dated May 6, 2015.
\5\ See Memorandum to the File, from Frances Veith, Senior
International Trade Compliance Analyst, Enforcement and Compliance,
dated May 26, 2015; see also Memorandum to the File, from Frances
Veith, Senior International Trade Compliance Analyst, Enforcement
and Compliance, dated June 15, 2015, see also Memorandum to the
File, from Frances Veith, Senior International Trade Compliance
Analyst, Enforcement and Compliance, dated June 24, 2015.
\6\ Carbon Activated Tianjin Co. Ltd. (``Carbon Activated'').
\7\ Datong Juqiang Activated Carbon Co., Ltd. (``Juqiang'').
\8\ Jacobi Carbons AB (``Jacobi'').
\9\ Calgon Carbon Corporation and Cabot Norit Americas, Inc.
(collectively, ``Petitioners'').
\10\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary, through James C. Doyle, Director, Office V, from Bob
Palmer International Trade Compliance Analyst, Office V, regarding
``Certain Activated Carbon from the People's Republic of China
(``PRC''): Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' dated August 27, 2015.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order \11\ is certain activated
carbon. 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.\12\
---------------------------------------------------------------------------
\11\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (``Order'').
\12\ See Memorandum to Ronald Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, regarding ``Certain Activated Carbon from the People's
Republic of China: Issues and Decision Memorandum for the Final
Results of the Seventh Antidumping Duty Administrative Review,''
dated concurrently with and hereby adopted by this notice, (``Issues
and Decision Memo'') for a complete description of the Scope of the
Order.
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memo, we addressed all issues raised in
parties' case and rebuttal briefs. In an Appendix to this notice, we
have provided a list of the issues raised by parties. The Issues and
Decision Memo is a public document and is on file in the Central
Records Unit (``CRU''), Room B8024 of the main Department of Commerce
building, as well as 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 and it is available to all parties in the CRU. In
addition, parties can directly access a complete version of the Issues
and Decision Memo on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memo and the electronic
version of the Issues and 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, Datong, and
the non-examined, separate rate respondents.\13\ Further, the Surrogate
Values Memo\14\ contains descriptions of our changes to the surrogate
values.
---------------------------------------------------------------------------
\13\ See Issues and Decision Memo and the company-specific
analysis memoranda for further explanation regarding these changes.
\14\ 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'').
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Sinoacarbon International Trading Co., Ltd. (``Sinoacarbon'') did
not have any reviewable transactions during the POR.\15\ We have not
received any information to contradict this determination. Therefore,
the Department determines that Sinoacarbon 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.\16\
---------------------------------------------------------------------------
\15\ With respect to one company under review, Ningxia Guanghua
Activated Carbon Co., Ltd. (``Guanghua''), we preliminarily
determined not to consider the company's statement of no shipments
because we determined that Guanghua is part of a single entity with
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. No party
commented on that determination, and we continue to find that
Guanghua's exports are subject to the cash deposit rate established
for the single entity in this review.
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (``Assessment
Practice Refinement'').
---------------------------------------------------------------------------
Separate Rate Respondents
In our Preliminary Results, we determined that the following
companies (including both mandatory respondents) met the criteria for
separate rate status: Beijing Pacific
[[Page 61174]]
Activated Carbon Products Co., Ltd.,\17\ Calgon Carbon (Tianjin) Co.,
Ltd.; Carbon Activated Tianjin Co., Ltd.; Datong Municipal Yunguang
Activated Carbon Co., Ltd.; Datong Juqiang Activated Carbon Co., Ltd.;
Jacobi Carbons AB; Jilin Bright Future Chemicals Company, Ltd.; Ningxia
Guanghua Cherishmet Activated Carbon Co., Ltd.; Ningxia Huahui
Activated Carbon Co., Ltd.; Ningxia Mineral & 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.; and Tianjin Maijin Industries Co.,
Ltd.\18\ 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.
---------------------------------------------------------------------------
\17\ In the first administrative review, the Department found
Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia
Guanghua Cherishmet Activated Carbon Co., Ltd., and Guanghua are a
single entity and there is no information on the record to indicate
the facts have changed. Therefore, we continue to treat these
companies as a single entity. See Certain Activated Carbon From the
People's Republic of China: Notice of Preliminary Results of the
Antidumping Duty Administrative Review and Extension of Time Limits
for the Final Results, 74 FR 21317 (May 7, 2009), unchanged in First
Administrative Review of Certain Activated Carbon from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 74 FR 57995 (November 10, 2009) (``AR1 Carbon''); AR5 PRC
Carbon Final, 78 FR at 70535; Certain Activated Carbon From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 70163, 70165 (November 26,
2013) at footnote 33.
\18\ See Preliminary Results, 80 FR 25669; Preliminary Decision
Memorandum at 6-11.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, we assigned Jacobi's rate to the non-
individually examined companies that are eligible for a separate rate
because only Jacobi had a preliminary estimated weighted-average
dumping margin which was not zero, de minimis or based entirely on
FA.\19\ In this final results of review, Jacobi continues to be the
only individually examined company that has an estimated weighted-
average dumping margin which is not zero, de minimis or based entirely
on FA. Therefore, we will use the rate calculated for Jacobi, which is
1.05 U.S. Dollars per kilogram, as the rate for those companies which
were not examined and which are eligible for a separate rate. The
Separate-Rate Applicants receiving this rate are identified by name in
the below ``Final Results of the Review'' section of this notice. No
parties have commented on the methodology for calculating this separate
rate.
---------------------------------------------------------------------------
\19\ See Preliminary Decision Memorandum at 11-12.
---------------------------------------------------------------------------
Final Results of the Review
The Department continues to find that the four companies not
eligible for a separate rate are part of the PRC-wide entity. 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.
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,\20\ we did not conduct
a review of the PRC-wide entity. Thus, the rate for the PRC-wide entity
is not subject to change as a result of this review.\21\
---------------------------------------------------------------------------
\20\ 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).
\21\ 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'').
---------------------------------------------------------------------------
For companies subject to this review which established their
eligibility for a separate rate,\22\ the Department determines that the
following weighted-average dumping margins exist for the POR from April
1, 2013, through March 31, 2014: \23\
---------------------------------------------------------------------------
\22\ 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).
\23\ As noted above, Beijing Pacific Activated Carbon Products
Co., Ltd., Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.,
and Ningxia Guanghua Activated Carbon Co., Ltd. comprise a single
entity.
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margin (U.S.
dollars per
kilogram) \21\
------------------------------------------------------------------------
Jacobi Carbons AB \22\.................................. 1.05
Datong Juqiang Activated Carbon Co., Ltd................ 0.00
Carbon Activated Tianjin Co., Ltd....................... 1.05
Calgon Carbon (Tianjin) Co., Ltd........................ 1.05
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 1.05
Jilin Bright Future Chemicals Company, Ltd.............. 1.05
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 1.05
\23\...................................................
Ningxia Huahui Activated Carbon Co., Ltd................ 1.05
Ningxia Mineral and Chemical Limited.................... 1.05
Shanxi DMD Corporation.................................. 1.05
Shanxi Industry Technology Trading Co., Ltd............. 1.05
Shanxi Sincere Industrial Co., Ltd...................... 1.05
Tancarb Activated Carbon Co., Ltd....................... 1.05
Tianjin Channel Filters Co., Ltd........................ 1.05
Tianjin Maijin Industries Co., Ltd...................... 1.05
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 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,\24\ 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
[[Page 61175]]
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.\25\ 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.
---------------------------------------------------------------------------
\24\ See AR6 Carbon, 79 FR at 70165.
\25\ 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).
---------------------------------------------------------------------------
Pursuant to a refinement in the Department's non-market economy
(``NME'') practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the PRC-wide rate. 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 PRC-wide rate.\26\
---------------------------------------------------------------------------
\26\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------
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, Datong,
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; (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 in which they were reviewed; (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 (i.e., 2.42 U.S. Dollars
per kilogram); 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.
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: October 2, 2015.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Discussion of the Issues
General Issues
Comment 1: Surrogate Country
Comment 2: Financial Statements
Comment 3: Value Added Tax and Entered Value
Comment 4: Application of the Differential Pricing Analysis
Surrogate Values
Comment 5: Anthracite Coal Surrogate Value
Comment 6: Carbonized Material Surrogate Value
Comment 7: Surrogate Value-Coal Tar
Comment 8: Surrogate Value-Buckle
Comment 9: Surrogate Value-Paperboard
Comment 10: Surrogate Value-Hydrochloric Acid
Comment 11: Labor
Comment 12: Brokerage and Handling
Comment 13: Truck Freight
Company Specific Issues
Comment 14: Whether the Department Correctly Converted Jacobi's
Indirect Selling Expense From Pounds to Metric Tons in Its Margin
Program
Comment 15: Juqiang's Margin Program
[FR Doc. 2015-25810 Filed 10-8-15; 8:45 am]
BILLING CODE 3510-DS-P
