Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 23254-23257 [2018-10649]
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices
merchandise subject to these Orders
may be coated, usually with a silicon or
other finish, or not coated. PSF is
generally used as stuffing in sleeping
bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
Merchandise of less than 3.3 decitex
(less than 3 denier) currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS) at
subheading 5503.20.00.25 is specifically
excluded from these orders. Also
specifically excluded from these Orders
are polyester staple fibers of 10 to 18
denier that are cut to lengths of 6 to 8
inches (fibers used in the manufacture
of carpeting). In addition, low-melt PSF
is excluded from these Orders. Lowmelt PSF is defined as a bi-component
polyester fiber having a polyester fiber
component that melts at a lower
temperature than the other polyester
fiber component.
The merchandise subject to these
Orders is currently classifiable in the
HTSUS at subheadings 5503.20.00.45
and 5503.20.00.65.4 Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under the Orders is dispositive.
Instructions to U.S. Customs and
Border Protection
Because we determine that there are
changed circumstances that warrant the
revocation of the Orders, in part, we
will instruct U.S. Customs and Border
Protection (CBP) to liquidate without
regard to antidumping duties, and to
refund any estimated antidumping
duties, on all unliquidated entries of the
merchandise covered by this partial
revocation that are not covered by the
final results of an administrative review
or automatic liquidation.5
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Interested Parties
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
4 These HTSUS numbers have been revised to
reflect changes in the HTSUS numbers at the suffix
level.
5 The most recent administrative review of the
Korea AD order was completed on August 2, 2017,
and covered the period of review (POR) May 1,
2016 through April 30, 2017. See Polyester Staple
Fiber from the Republic of Korea: Rescission of
Antidumping Duty Administrative Review; 2016–
2017, 82 FR 37052 (August 8, 2017) (which rescinds
the review for the Korea AD order, A–580–839). For
the Taiwan AD order, A–583–833, Commerce did
not receive a request to conduct an administrative
review for the POR May 1, 2016 through April 30,
2017. Commerce issued instructions to CBP on July
21, 2017, liquidating all entries for all firms for the
POR. Therefore, the partial revocation for
merchandise subject to the Orders will be applied
retroactively to unliquidated entries of merchandise
entered or withdrawn from warehouse, for
consumption, on or after May 1, 2017.
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responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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 sanctionable violation.
We are issuing and publishing these
final results and revocation, in part, and
notice in accordance with sections
751(b) and 777(i) of the Act and 19 CFR
351.216, 19 CFR 351.221(c)(3), and 19
CFR 351.222.
Dated: May 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–10644 Filed 5–17–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–30–2018]
Foreign-Trade Zone (FTZ) 7—
Mayaguez, Puerto Rico; Notification of
Proposed Production Activity; Lilly del
Caribe, Inc.; (Pharmaceutical
Products); Carolina, Puerto Rico
Lilly del Caribe, Inc. (Lilly del Caribe)
submitted a notification of proposed
production activity to the FTZ Board for
its facility in Carolina, Puerto Rico. The
notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on May 14, 2018.
Lilly del Caribe already has authority
to produce the active ingredients
humalog, duloxetine, abemaciclib, and
barcitinib within Subzone 7K. The
current request would add a finished
product and a foreign status material/
component to the scope of authority.
Pursuant to 15 CFR 400.14(b),
additional FTZ authority would be
limited to the specific foreign-status
material/component and the specific
finished product described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt Lilly del Caribe from
customs duty payments on the foreignstatus materials/components used in
export production. On its domestic
sales, for the foreign-status material/
component noted below and in the
existing scope of authority, the company
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would be able to choose the duty rates
during customs entry procedures that
apply to: Finished lasmiditan tablets
(duty-free). Lilly del Caribe would be
able to avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment.
The material/component sourced
from abroad is: Lasmiditan
hemisuccinate active ingredient (duty
rate 6.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is June
27, 2018.
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 Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Wedderburn at
chris.wedderburn@trade.gov or (202)
482–1963.
Dated: May 15, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–10646 Filed 5–17–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Carbon Activated Tianjin Co., Ltd.
(Carbon Activated) and Datong Juqiang
Activated Carbon Co., Ltd. (Datong
Juqiang), exporters of certain activated
from the People’s Republic of China
(China), sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) April 1, 2016, through March 31,
2017. Interested parties are invited to
comment on these preliminary results.
AGENCY:
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DATES:
Applicable May 18, 2018.
FOR FURTHER INFORMATION CONTACT:
John
Anwesen or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0131, or (202) 482–0339,
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.
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
administrative review on June 7, 2017.2
On November 6, 2017, Commerce
extended the preliminary results
deadline until April 30, 2018.3 On
January 23, 2018, Commerce exercised
its discretion to toll all deadlines
affected by the closure of the Federal
Government from January 20 through
22, 2018.4 The revised deadline for the
preliminary results of this review is May
3, 2018.
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information, and the no shipment
certifications submitted by Calgon
Carbon (Tianjin) Co., Ltd., Datong
Municipal Yunguang Activated Carbon
Co., Ltd., Jilin Bright Future Chemicals
Co., Ltd., Shanxi Dapu International
Trade Co., Ltd., Shanxi Industry
Technology Trading Co., Ltd., and
Tianjin Channel Filters Co., Ltd.,
Commerce preliminarily determines
that these companies had no shipments
of subject merchandise during the POR.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum.
Consistent with our practice in nonmarket economy (NME) cases, we are
not rescinding this review, in part, but
intend to complete the review with
respect to these six companies, for
which it has preliminarily found no
shipments, and issue appropriate
instructions to CBP based on the final
results of the review.5
Methodology
Commerce 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 China is an 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
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 and electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
Commerce preliminarily finds that 16
companies for which a review was
requested, and not rescinded, did not
establish eligibility for a separate rate
because they failed to provide either a
separate rate application or separate rate
certification. As such, we preliminarily
determine that these 16 companies are
part of the China-wide entity.6
For those companies that have
established their eligibility for a
separate rate,7 Commerce preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weighted-average
dumping margin
(U.S. dollars
per kilogram) 8
Exporter
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Beijing Pacific Activated Carbon Products Co., Ltd ......................................................................................................................
Carbon Activated Tianjin Co., Ltd .................................................................................................................................................
Datong Juqiang Activated Carbon Co., Ltd ...................................................................................................................................
Jacobi Carbons AB 9 ......................................................................................................................................................................
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ..........................................................................................................
Ningxia Huahui Activated Carbon Co., Ltd ...................................................................................................................................
Ningxia Mineral & Chemical Limited .............................................................................................................................................
Shanxi Sincere Industrial Co., Ltd .................................................................................................................................................
1 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review: Certain Activated Carbon
from the People’s Republic of China; 2016–2017,’’
dated May 3, 2018 (Preliminary Decision
Memorandum) and hereby adopted by this notice.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
26444 (June 7, 2017) (Initiation Notice).
3 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of the Tenth
Antidumping Duty Administrative Review,’’ dated
November 6, 2017.
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4 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government’’ (Tolling
Memorandum), dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
5 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
6 Because no interested party requested a review
of the China-wide entity and Commerce no longer
considers the China-wide entity as an exporter
conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity.
Thus, the rate for the China-wide entity is not
subject to change as a result of this review. See
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0.35
0.68
0.28
0.35
0.35
0.35
0.35
0.35
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). The
China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated
Carbon from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 70163 (November 25,
2014).
7 See Preliminary Decision Memorandum.
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices
Disclosure and Public Comment
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Commerce intends to disclose the
calculations performed for these
preliminary results to the parties no
later than ten days after the date of the
public announcement of this notice in
accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of these preliminary results
of review. Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the case briefs are
filed.10
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.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs.11 If a request for
a hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Ave.
NW, Washington, DC 20230, at a date
and time to be determined.12 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
8 In the second administrative review of the
Order, Commerce 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).
9 In the third administrative review of the Order,
Commerce 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 facts presented on the record
of this review which would call into question our
prior finding, we continue to treat these companies
as part of a single entity for this administrative
review, pursuant to sections 771(33)(E), (F), and (G)
of the Act and 19 CFR 351.401(f). See Certain
Activated Carbon from the People’s Republic of
China: Final Results and Partial Rescission of Third
Antidumping Duty Administrative Review, 76 FR
67142, 67145, n.25 (October 31, 2011); see also
Preliminary Decision Memorandum.
10 See 19 CFR 351.309(d).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
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All submissions, with limited
exceptions, must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by 5 p.m. Eastern Time
(ET) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(e.g., 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,
Commerce 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,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.13 Commerce 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, Commerce will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales and the total quantity of
those sales, in accordance with 19 CFR
351.212(b)(1).14 Commerce will also
calculate (estimated) ad valorem
importer-specific assessment rates with
which to assess whether the per-unit
assessment rate is de minimis.15 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importer13 See
19 CFR 351.212(b)(1).
these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
15 For calculated (estimated) ad valorem
importer-specific assessment rates used in
determining whether the per-unit assessment rate is
de minimis, see Memorandum, ‘‘Preliminary
Results Margin Calculation for Datong Juqiang
Activated Carbon Co., Ltd.; Antidumping Duty
Administrative Review of Certain Activated Carbon
the People’s Republic of China,’’ dated May 3, 2018
and Memorandum, ‘‘Preliminary Results
Calculation Memorandum for Carbon Activated;
Antidumping Duty Administrative Review of
Certain Activated Carbon the People’s Republic of
China,’’ dated May 3, 2018, and attached Margin
Calculation Program Log and Outputs.
14 In
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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 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, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.17
Additionally, if Commerce 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 cash deposit rate) will
be liquidated at the rate for the Chinawide 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 China
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 this review, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the ad valorem rate is de minimis,
then the cash deposit rate will be zero);
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
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 Chinese 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 China-wide entity; and (4) for all
non-Chinese exporters of subject
merchandise which have not received
16 See
19 CFR 351.106(c)(2).
17 Id.
18 Id.
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their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
National Oceanic and Atmospheric
Administration
RIN 0648–XG243
Endangered and Threatened Species;
Take of Anadromous Fish
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 Commerce’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: May 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Preliminary Finding 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. Partial Facts Available and Partial
Adverse Facts Available for Normal
Value Date of Sale
g. Comparisons to Normal Value
h. U.S. Price
i. Normal Value
j. Currency Conversion
5. Recommendation
[FR Doc. 2018–10649 Filed 5–17–18; 8:45 am]
daltland on DSKBBV9HB2PROD with NOTICES
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice. Applications for two
new scientific research permits and one
scientific research permit modification.
AGENCY:
Notice is hereby given that
NMFS has received three scientific
research permit application requests
relating to Pacific salmon and steelhead.
The proposed research is intended to
increase knowledge of species listed
under the Endangered Species Act
(ESA) and to help guide management
and conservation efforts. The
applications may be viewed online at:
https://apps.nmfs.noaa.gov/preview/
preview_open_for_comment.cfm.
DATES: Comments or requests for a
public hearing on the applications must
be received at the appropriate address or
fax number (see ADDRESSES) no later
than 5 p.m. Pacific standard time on
June 18, 2018.
ADDRESSES: Written comments on the
applications should be sent to the
Protected Resources Division, NMFS,
1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232–1274. Comments
may also be sent via fax to 503–230–
5441 or by email to nmfs.nwr.apps@
noaa.gov (include the permit number in
the subject line of the fax or email).
FOR FURTHER INFORMATION CONTACT: Rob
Clapp, Portland, OR (ph.: 503–231–
2314), Fax: 503–230–5441, email:
Robert.Clapp@noaa.gov). Permit
application instructions are available
from the address above, or online at
https://apps.nmfs.noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Species Covered in This Notice
The following listed species are
covered in this notice:
Chinook salmon (Oncorhynchus
tshawytscha): Threatened Upper
Willamette River (UWR).
Coho salmon (O. kisutch): Threatened
Oregon Coast (OC).
Steelhead (O. mykiss): Threatened
Lower Columbia River (LCR); threatened
UWR.
Authority
Scientific research permits are issued
in accordance with section 10(a)(1)(A)
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23257
of the ESA (16 U.S.C. 1531 et seq.) and
regulations governing listed fish and
wildlife permits (50 CFR parts 222–226).
NMFS issues permits based on findings
that such permits: (1) Are applied for in
good faith; (2) if granted and exercised,
would not operate to the disadvantage
of the listed species that are the subject
of the permit; and (3) are consistent
with the purposes and policy of section
2 of the ESA. The authority to take
listed species is subject to conditions set
forth in the permits.
Anyone requesting a hearing on an
application listed in this notice should
set out the specific reasons why a
hearing on that application would be
appropriate (see ADDRESSES). Such
hearings are held at the discretion of the
Assistant Administrator for Fisheries,
NMFS.
Applications Received
Permit 1135–10M
The United States Geological Survey
(USGS) is seeking to modify a permit
that currently authorizes them to take
juvenile LCR steelhead in the Wind
River subbasin (Washington). The
permit would expire on December 31,
2021. The purpose of the study is to
provide information on growth,
survival, habitat use, and life histories
of LCR steelhead. This information
would improve understanding of habitat
associations and life history strategies
for LCR steelhead in the Wind River and
that, in turn, would help state, tribal,
and Federal efforts to restore LCR
steelhead. This information would
benefit LCR steelhead by improving our
understanding of habitat associations
and life history strategies in the Wind
River. This new information would, in
turn, help state, tribal, and Federal
efforts to restore LCR steelhead.
The USGS proposes to capture
juvenile LCR steelhead using backpack
electrofishing equipment, hold the fish
in aerated buckets, anesthetize them
with MS–222, measure length and
weight, tag age-0 and age-1 fish with
passive integrated transponders (PITtags), and release all fish at the site of
collection after they recover from
anesthesia. The permit modification
would not change the methods or scope
of the ongoing research except to
increase the take of juvenile LCR
steelhead that are captured, handled,
and then released without PIT-tagging
from 2,500 to 4,500 fish annually. The
USGS also requests to increase the
unintentional mortalities authorized for
fish that are released without PITtagging, from 75 to 135 fish annually.
The USGS requests this increase in take
because they captured unusually high
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23254-23257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10649]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Datong
Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), exporters of
certain activated from the People's Republic of China (China), sold
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR) April 1, 2016, through March 31,
2017. Interested parties are invited to comment on these preliminary
results.
[[Page 23255]]
DATES: Applicable May 18, 2018.
FOR FURTHER INFORMATION CONTACT: John Anwesen or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0131, or (202) 482-0339,
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.
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\1\ For a complete description of the Scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Activated Carbon
from the People's Republic of China; 2016-2017,'' dated May 3, 2018
(Preliminary Decision Memorandum) and hereby adopted by this notice.
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Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Commerce published the notice of initiation of this administrative
review on June 7, 2017.\2\ On November 6, 2017, Commerce extended the
preliminary results deadline until April 30, 2018.\3\ On January 23,
2018, Commerce exercised its discretion to toll all deadlines affected
by the closure of the Federal Government from January 20 through 22,
2018.\4\ The revised deadline for the preliminary results of this
review is May 3, 2018.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 26444 (June 7, 2017) (Initiation
Notice).
\3\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Tenth Antidumping Duty Administrative Review,'' dated November
6, 2017.
\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government'' (Tolling Memorandum), dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, and the no shipment certifications submitted by Calgon
Carbon (Tianjin) Co., Ltd., Datong Municipal Yunguang Activated Carbon
Co., Ltd., Jilin Bright Future Chemicals Co., Ltd., Shanxi Dapu
International Trade Co., Ltd., Shanxi Industry Technology Trading Co.,
Ltd., and Tianjin Channel Filters Co., Ltd., Commerce preliminarily
determines that these companies had no shipments of subject merchandise
during the POR. For additional information regarding this
determination, see the Preliminary Decision Memorandum.
Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review, in part, but intend to complete the
review with respect to these six companies, for which it has
preliminarily found no shipments, and issue appropriate instructions to
CBP based on the final results of the review.\5\
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\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Methodology
Commerce 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 China is an 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 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 and electronic versions of the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of the Review
Commerce preliminarily finds that 16 companies for which a review
was requested, and not rescinded, did not establish eligibility for a
separate rate because they failed to provide either a separate rate
application or separate rate certification. As such, we preliminarily
determine that these 16 companies are part of the China-wide entity.\6\
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\6\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity
as an exporter conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity. Thus, the rate
for the China-wide 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). The China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated Carbon from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 70163 (November 25, 2014).
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For those companies that have established their eligibility for a
separate rate,\7\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\7\ See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-average
dumping margin
Exporter (U.S. dollars per
kilogram) \8\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd... 0.35
Carbon Activated Tianjin Co., Ltd.................... 0.68
Datong Juqiang Activated Carbon Co., Ltd............. 0.28
Jacobi Carbons AB \9\................................ 0.35
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 0.35
Ningxia Huahui Activated Carbon Co., Ltd............. 0.35
Ningxia Mineral & Chemical Limited................... 0.35
Shanxi Sincere Industrial Co., Ltd................... 0.35
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[[Page 23256]]
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties no later than ten days after the
date of the public announcement of this notice in accordance with 19
CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review. Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the case briefs are filed.\10\
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\8\ In the second administrative review of the Order, Commerce
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).
\9\ In the third administrative review of the Order, Commerce
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 facts presented on the record of this
review which would call into question our prior finding, we continue
to treat these companies as part of a single entity for this
administrative review, pursuant to sections 771(33)(E), (F), and (G)
of the Act and 19 CFR 351.401(f). See Certain Activated Carbon from
the People's Republic of China: Final Results and Partial Rescission
of Third Antidumping Duty Administrative Review, 76 FR 67142, 67145,
n.25 (October 31, 2011); see also Preliminary Decision Memorandum.
\10\ See 19 CFR 351.309(d).
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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. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\11\ If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Ave. NW, Washington, DC 20230, at a date and time to be
determined.\12\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by 5 p.m. Eastern Time (ET) on
the due date. Documents excepted from the electronic submission
requirements must be filed manually (e.g., 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, Commerce 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, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\13\ Commerce
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, Commerce will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total quantity of those sales, in accordance with 19 CFR
351.212(b)(1).\14\ Commerce will also calculate (estimated) ad valorem
importer-specific assessment rates with which to assess whether the
per-unit assessment rate is de minimis.\15\ 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.
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\13\ See 19 CFR 351.212(b)(1).
\14\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\15\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rate is de minimis, see Memorandum, ``Preliminary Results Margin
Calculation for Datong Juqiang Activated Carbon Co., Ltd.;
Antidumping Duty Administrative Review of Certain Activated Carbon
the People's Republic of China,'' dated May 3, 2018 and Memorandum,
``Preliminary Results Calculation Memorandum for Carbon Activated;
Antidumping Duty Administrative Review of Certain Activated Carbon
the People's Republic of China,'' dated May 3, 2018, and attached
Margin Calculation Program Log and Outputs.
\16\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\17\ Additionally, if Commerce 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 cash deposit rate) will be liquidated at the rate for the
China-wide entity.\18\
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\17\ Id.
\18\ Id.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China 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 this 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 ad valorem rate is
de minimis, then the cash deposit rate will be zero); (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
not listed above that have 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 Chinese 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 China-wide entity; and (4) for all non-Chinese
exporters of subject merchandise which have not received
[[Page 23257]]
their own separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
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 Commerce'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: May 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Preliminary Finding 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. Partial Facts Available and Partial Adverse Facts Available
for Normal Value Date of Sale
g. Comparisons to Normal Value
h. U.S. Price
i. Normal Value
j. Currency Conversion
5. Recommendation
[FR Doc. 2018-10649 Filed 5-17-18; 8:45 am]
BILLING CODE 3510-DS-P
