Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 11513-11515 [2016-04729]
Download as PDF
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
brackets (duty rate ranges from free to
6.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
13, 2016.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Pierre
Duy at Pierre.Duy@trade.gov or (202)
482–1378.
Dated: February 29, 2016.
Andrew McGilvray,
Executive Secretary.
Now, therefore, the Board hereby
orders:
The application to reorganize FTZ 182
to expand the service area under the
ASF is approved, subject to the FTZ Act
and the Board’s regulations, including
Section 400.13, and to the Board’s
standard 2,000-acre activation limit for
the zone.
Signed at Washington, DC, this 22nd day
of February 2016.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–04846 Filed 3–3–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[FR Doc. 2016–04845 Filed 3–3–16; 8:45 am]
[A–570–904]
BILLING CODE 3510–DS–P
Certain Activated Carbon From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1994]
jstallworth on DSK7TPTVN1PROD with NOTICES
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the City of Fort Wayne,
grantee of Foreign-Trade Zone 182,
submitted an application to the Board
(FTZ Docket B–56–2015, docketed
August 25, 2015) for authority to expand
the service area of the zone to include
Randolph County, Indiana, as described
in the application, adjacent to the
Dayton, Ohio Customs and Border
Protection port of entry;
Whereas, notice inviting public
comment was given in the Federal
Register (80 FR 53103–53104,
September 2, 2015) and the application
has been processed pursuant to the FTZ
Act and the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
VerDate Sep<11>2014
15:22 Mar 03, 2016
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, 2014,
through March 31, 2015. 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 March 4, 2016.
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:
Reorganization of Foreign-Trade Zone
182, (Expansion of Service Area),
Under Alternative Site Framework; Fort
Wayne, Indiana
Jkt 238001
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
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
11513
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
Based on an analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information, and no shipment
certifications submitted by Carbon
Activated Tianjin Co., Ltd. (‘‘Carbon
Activated’’), the Department
preliminarily determines that Carbon
Activated 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 Carbon
Activated, 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 is conducting 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 made available
to the public 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
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; 2014–2015’’
(‘‘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.
2 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
E:\FR\FM\04MRN1.SGM
04MRN1
11514
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
available to all parties in the Central
Records Unit, Room B8024 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.
Verification
As provided in sections 782(i)(3)(A)–
(B) of the Act, we intend to verify the
information upon which we will rely in
determining our final results of review
with respect to Jacobi Carbons AB.
jstallworth on DSK7TPTVN1PROD with NOTICES
Preliminary Results of the Review
The Department preliminarily finds
that 181 companies 3 for which a review
was requested did not establish
eligibility for a separate rate because
they either failed to provide a timely
response to a separate rate application
(‘‘SRA’’); to a supplemental
questionnaire; or did not file a SRA or
a SRC. As such, we preliminarily
determine that they 4 are part of the
PRC-wide entity.5
For companies subject to this review
that 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,
2014, through March 31, 2015:
3 Two companies, Beijing Embrace Technology
Co. Ltd. (‘‘Beijing Embrace’’) and Shanxi Carbon
Industry Co., Ltd. (‘‘Shanxi Carbon’’), did not
establish eligibility for a separate rate because
Beijing Embrace and Shanxi Carbon failed to
provide a timely response to a separate rate
application (‘‘SRA’’) or to a supplemental
questionnaire and 179 companies did not establish
eligibility for a separate rate because they did not
provide the Department with a response to a SRA
or a separate rate certification (‘‘SRC’’). See
‘‘Separate Rates’’ section of the Preliminary
Decision Memorandum at Attachment I for a
complete list of the 179 company names.
4 Id.
5 Because no party requested a review of the PRCwide entity and the Department no longer considers
the PRC-wide entity as an exporter conditionally
subject to administrative reviews, 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. 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).
6 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
VerDate Sep<11>2014
15:22 Mar 03, 2016
Jkt 238001
Weightedaverage
dumping
margin
(U.S. dollars
per kilogram) 6
Exporter
Jacobi Carbons AB 7 ............
Datong Juqiang Activated
Carbon 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.8 ....................
Ningxia Huahui Activated
Carbon Co., Ltd ................
Ningxia Mineral and Chemical Limited ........................
Shanxi DMD Corporation .....
Shanxi Dapu International
Trade Co., Ltd ...................
Shanxi Industry Technology
Trading Co., Ltd ................
Shanxi Sincere Industrial
Co., Ltd .............................
Shanxi Tianxi Purification Filter Co., Ltd ........................
Sinoacarbon International
Trading Co., Ltd ................
Tancarb Activated Carbon
Co., Ltd .............................
Tianjin Channel Filters Co.,
Ltd .....................................
Tianjin Maijin Industries Co.,
Ltd .....................................
2.80
0.29
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
2.22
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
Antidumping Duty Order: Certain Activated Carbon
From the People’s Republic of China, 72 FR 20988
(April 27, 2007) (‘‘Order’’).
7 In the third administrative review of the Order,
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;
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).
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
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
Because, as noted above, the
Department intends to verify the
information upon which we will rely in
making our final determination, the
Department will establish the briefing
schedule at a later time, and will notify
parties of the schedule in accordance
with 19 CFR 351.309. Interested parties
may submit written comments in the
form of case briefs and rebuttal
comments in the form of rebuttal briefs
within five days after the time limit for
filing case briefs.9 Rebuttal briefs must
be limited to issues raised in the case
briefs.10 Parties who submit case briefs
or rebuttal briefs in this proceeding are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing 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.
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), and; Certain Activated
Carbon From the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 61172 (October 9, 2015)
(‘‘AR5 Final’’). See also Preliminary Decision
Memorandum.
8 In the first administrative review of the Order,
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), and AR5 Final.
See also Preliminary Decision Memorandum.
9 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also 19 CFR 351.303 (for general filing
requirements).
10 See 19 CFR 351.309(d)(2).
11 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
E:\FR\FM\04MRN1.SGM
04MRN1
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs.12 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.13 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.
jstallworth on DSK7TPTVN1PROD with NOTICES
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.14 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).15 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
12 See
19 CFR 351.310(c).
19 CFR 351.310(d).
14 See 19 CFR 351.212(b)(1).
15 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
13 See
VerDate Sep<11>2014
15:22 Mar 03, 2016
Jkt 238001
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,16 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.17
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.18
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 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
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
16 See
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: February 26, 2016.
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. Weighted-Average Dumping Margin for
Non-Examined Separate Rate Companies
e. Surrogate Country and Surrogate Value
Data
f. Facts Available for Normal Value
g. Date of Sale
h. Comparisons to Normal Value
i. U.S. Price
j. Normal Value
k. Currency Conversion
4. Recommendation
[FR Doc. 2016–04729 Filed 3–3–16; 8:45 am]
BILLING CODE 3510–DS–P
19 CFR 351.106(c)(2).
17 Id.
18 Id.
PO 00000
Frm 00008
Fmt 4703
Sfmt 9990
11515
E:\FR\FM\04MRN1.SGM
04MRN1
Agencies
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11513-11515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04729]
-----------------------------------------------------------------------
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; 2014-
2015
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, 2014, through March 31, 2015. 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 March 4, 2016.
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; 2014-2015'' (``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
Carbon Activated Tianjin Co., Ltd. (``Carbon Activated''), the
Department preliminarily determines that Carbon Activated 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 Carbon Activated, 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 is conducting 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 made available to the public 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
[[Page 11514]]
available to all parties in the Central Records Unit, Room B8024 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.
Verification
As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to
verify the information upon which we will rely in determining our final
results of review with respect to Jacobi Carbons AB.
Preliminary Results of the Review
The Department preliminarily finds that 181 companies \3\ for which
a review was requested did not establish eligibility for a separate
rate because they either failed to provide a timely response to a
separate rate application (``SRA''); to a supplemental questionnaire;
or did not file a SRA or a SRC. As such, we preliminarily determine
that they \4\ are part of the PRC-wide entity.\5\
---------------------------------------------------------------------------
\3\ Two companies, Beijing Embrace Technology Co. Ltd.
(``Beijing Embrace'') and Shanxi Carbon Industry Co., Ltd. (``Shanxi
Carbon''), did not establish eligibility for a separate rate because
Beijing Embrace and Shanxi Carbon failed to provide a timely
response to a separate rate application (``SRA'') or to a
supplemental questionnaire and 179 companies did not establish
eligibility for a separate rate because they did not provide the
Department with a response to a SRA or a separate rate certification
(``SRC''). See ``Separate Rates'' section of the Preliminary
Decision Memorandum at Attachment I for a complete list of the 179
company names.
\4\ Id.
\5\ 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, 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. 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 that 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, 2014, through March 31, 2015:
---------------------------------------------------------------------------
\6\ 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'').
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margin (U.S.
dollars per
kilogram) \6\
------------------------------------------------------------------------
Jacobi Carbons AB \7\................................... 2.80
Datong Juqiang Activated Carbon Co., Ltd................ 0.29
Calgon Carbon (Tianjin) Co., Ltd........................ 2.22
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 2.22
Jilin Bright Future Chemicals Company, Ltd.............. 2.22
Ningxia Guanghua Cherishmet Activated Carbon Co., 2.22
Ltd.\8\................................................
Ningxia Huahui Activated Carbon Co., Ltd................ 2.22
Ningxia Mineral and Chemical Limited.................... 2.22
Shanxi DMD Corporation.................................. 2.22
Shanxi Dapu International Trade Co., Ltd................ 2.22
Shanxi Industry Technology Trading Co., Ltd............. 2.22
Shanxi Sincere Industrial Co., Ltd...................... 2.22
Shanxi Tianxi Purification Filter Co., Ltd.............. 2.22
Sinoacarbon International Trading Co., Ltd.............. 2.22
Tancarb Activated Carbon Co., Ltd....................... 2.22
Tianjin Channel Filters Co., Ltd........................ 2.22
Tianjin Maijin Industries Co., Ltd...................... 2.22
------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\7\ In the third administrative review of the Order, 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; 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). 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), and; Certain
Activated Carbon From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2013-2014, 80 FR 61172
(October 9, 2015) (``AR5 Final''). See also Preliminary Decision
Memorandum.
\8\ In the first administrative review of the Order, 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), and AR5 Final. See also Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Because, as noted above, the Department intends to verify the
information upon which we will rely in making our final determination,
the Department will establish the briefing schedule at a later time,
and will notify parties of the schedule in accordance with 19 CFR
351.309. Interested parties may submit written comments in the form of
case briefs and rebuttal comments in the form of rebuttal briefs within
five days after the time limit for filing case briefs.\9\ Rebuttal
briefs must be limited to issues raised in the case briefs.\10\ Parties
who submit case briefs or rebuttal briefs in this proceeding are
requested to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\10\ See 19 CFR 351.309(d)(2).
\11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing 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.
[[Page 11515]]
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.\12\ 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.\13\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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.\14\ 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).\15\ 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,\16\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b)(1).
\15\ 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).
\16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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.\17\ 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.\18\
---------------------------------------------------------------------------
\17\ Id.
\18\ Id.
---------------------------------------------------------------------------
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 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: February 26, 2016.
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. Weighted-Average Dumping Margin for Non-Examined Separate
Rate Companies
e. Surrogate Country and Surrogate Value Data
f. Facts Available for Normal Value
g. Date of Sale
h. Comparisons to Normal Value
i. U.S. Price
j. Normal Value
k. Currency Conversion
4. Recommendation
[FR Doc. 2016-04729 Filed 3-3-16; 8:45 am]
BILLING CODE 3510-DS-P