Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 53214-53216 [2018-22969]
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53214
Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices
Dated: October 17, 2018.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2018–22974 Filed 10–19–18; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Datong
Juqiang Activated Carbon Co. Ltd.
(Datong Juqiang) and Carbon Activated
Tianjin Co., Ltd. (Carbon Activated) sold
activated carbon from the People’s
Republic of China at less than normal
value (NV) during the period of review
(POR) April 1, 2016, through March 31,
2017.
DATES: Applicable October 22, 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
daltland on DSKBBV9HB2PROD with NOTICES
Commerce published the Preliminary
Results 1 on May 18, 2018. For events
subsequent to the Preliminary Results,
see Commerce’s Issues and Decision
Memorandum.2 On August 2, 2018,3 in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
1 See 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, 83 FR 23254 (May 18, 2018) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Tenth Antidumping Duty Administrative Review,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Activated Carbon from the
People’s Republic of China: Extension of Deadline
for Final Results of 2016–2017 Antidumping Duty
Administrative Review,’’ dated August 2, 2018.
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Jkt 247001
for issuing the final results until October
17, 2018.
Scope of the Order
The merchandise subject to the
Order 4 is certain activated carbon. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3802.1000. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the order
remains dispositive.5
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in parties’ case and rebuttal
briefs. In Appendix I to this notice, we
provided a list of the issues raised by
parties. The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(CRU), Room B8024 of the main
Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties in the CRU. In
addition, parties can directly access a
complete version of the Issues and
Decision Memorandum on the internet
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for Carbon
Activated and Datong Juqiang,6 and to
the rate assigned to the non-examined,
4 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
5 See Issues and Decision Memorandum for a
complete description of the scope of the Order.
6 See Memoranda, ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
from the People’s Republic of China: Final Results
Calculation Memorandum for Carbon Activated’’
(Carbon Activated’s Final Calculation
Memorandum) and ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
the People’s Republic of China: Final Results
Calculation Memorandum for Datong Juqiang
Activated Carbon Co., Ltd. ’’ (Datong Juqiang’s Final
Calculation Memorandum) dated concurrently with
this memorandum; see also Memorandum, ‘‘Tenth
Administrative Review of Certain Activated Carbon
from the People’s Republic of China: Surrogate
Values for the Final Results,’’ dated concurrently
with this memorandum.
PO 00000
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Fmt 4703
Sfmt 4703
separate rate respondents. Further, the
Issues and Decision Memorandum
contains descriptions of these
revisions.7
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Calgon
Carbon (Tianjin) Co., Ltd., (Calgon
Tianjin), Datong Municipal Yunguang
Activated Carbon Co., Ltd. (Datong
Yunguang), Jilin Bright Future
Chemicals Co., Ltd. (Jilin Bright Future),
Shanxi Dapu International Trade Co.,
Ltd. (Shanxi Dapu), Shanxi Industry
Technology Trading Co., Ltd. (Shanxi
Industry), Shanxi Tianxi Purification
Filter Co., Ltd. (Shanxi Tianxi), and
Tianjin Channel Filters Co., Ltd.
(Tianjin Channel) had no shipments of
subject merchandise to the United
States during the POR.8 We received no
information to contradict this
determination. Therefore, we continue
to find that Calgon Tianjin, Datong
Yunguang, Jilin Bright Future, Shanxi
Dapu, Shanxi Industry, Shanxi Tianxi,
and Tianjin Channel had no shipments
of subject merchandise during the POR
and will issue appropriate liquidation
instructions that are consistent with our
‘‘automatic assessment’’ clarification for
these final results.9
Separate Rate Respondents
In our Preliminary Results, we
determined that Carbon Activated,
Datong Juqiang, and six other
companies demonstrated their eligibility
for separate rates.10 We received no
comments or argument since the
issuance of the Preliminary Results that
provide a basis for reconsideration of
these determinations. Therefore, for
these final results, we continue to find
that the six companies listed in the table
in the ‘‘Final Results’’ section of this
notice are eligible for a separate rate.
Rate for Non-Examined Separate Rate
Respondents
The statute and our regulations do not
address the establishment of a rate to be
assigned to respondents not selected for
individual examination when we limit
our examination of companies subject to
the administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5)
of the Act, which provides instructions
7 See Issues and Decisions Memorandum at 3–4
for a summary of these revisions.
8 See Preliminary Results, 83 FR at 23255.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 4, 2011) (Assessment Practice
Refinement).
10 See Preliminary Results, and accompanying
PDM at 5–9.
E:\FR\FM\22OCN1.SGM
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Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices
for calculating the all-others rate in an
investigation, for guidance when
calculating the rate for respondents not
individually examined in an
administrative review. Section
735(c)(5)(A) of the Act articulates a
preference for not calculating an allothers rate using rates which are zero,
de minimis, or based entirely on facts
available.11 Accordingly, we generally
will determine the dumping margin for
companies not individually examined
by averaging the weighted-average
dumping margins for the individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available.12
For the final results, we calculated a
rate only for Carbon Activated that was
not zero, de minimis, or based entirely
on facts available.13 Therefore, for these
final results, following the practice
described above, we have assigned to
the companies that have not been
individually examined, but have
demonstrated their eligibility for a
separate rate, the weighted-average rate
calculated for Carbon Activated.
daltland on DSKBBV9HB2PROD with NOTICES
Final Results of the Review
For companies subject to this review,
which established their eligibility for a
separate rate, Commerce determines that
the following weighted-average
dumping margins exist for the POR from
April 1, 2016, through March 31, 2017:
11 See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum (IDM) at Comment 16.
12 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
13 See Carbon Activated’s Final Calculation
Memorandum and Datong Juqiang’s Final
Calculation Memorandum.
14 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) (AR2 Carbon), and
accompanying IDM at Comment 3.
15 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)
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18:12 Oct 19, 2018
Jkt 247001
Weightedaverage
dumping
margin
(USD/kg) 14
Exporter
Beijing Pacific Activated Carbon Products Co., Ltd ....................................
Carbon Activated Tianjin Co., Ltd .......
Datong Juqiang Activated Carbon Co.,
Ltd ....................................................
Jacobi Carbons AB 15 ..........................
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd .....................
Ningxia Huahui Activated Carbon Co.,
Ltd ....................................................
Ningxia Mineral & Chemical Limited ...
Shanxi Sincere Industrial Co., Ltd ......
0.45
0.45
0.00
0.45
0.45
0.45
0.45
0.45
In the Preliminary Results, Commerce
found that 16 companies for which a
review was requested did not establish
eligibility for a separate rate because
they did not file a separate rate
application or a separate rate
certification, as appropriate. No
interested party commented on
Commerce’s preliminary determination
with respect to these 16 companies.
Therefore, for these final results we
determine these companies, listed in
Appendix II of this notice, to be part of
the China-wide entity. Because no 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,16 we did not
conduct a review of the China-wide
entity. Thus, the weighted-average
dumping margin for the China-wide
entity (i.e., 2.42 USD/kg) 17 is not subject
to change as a result of this review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review. We
intend to issue assessment instructions
to CBP 15 days after the publication
date of these final results of review.
For each individually-examined
respondent in this review which has a
final weighted-average dumping margin
that is not zero or de minimis (i.e., less
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 Results, and accompanying PDM at
n.26.
16 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).
17 See, e.g., Certain Activated Carbon from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 70163, 70165 (November 25, 2014).
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Frm 00010
Fmt 4703
Sfmt 4703
53215
than 0.5 percent), we will calculate
importer- (or customer-) specific perunit duty assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s (or
customer’s) examined sales to the total
sales quantity associated with those
sales, in accordance with 19 CFR
351.212(b)(1).18 We will also calculate
(estimated) ad valorem importerspecific assessment rates with which to
determine whether the per-unit
assessment rates are de minimis.19
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer- (or customer) specific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.20
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the rate
assigned to them for the final results
(i.e., 0.45 USD/kg).
For the companies identified in
Appendix II as part of the China-wide
entity, we will instruct CBP to apply a
per-unit assessment rate of 2.42 USD/kg
to all entries of subject merchandise
during the POR which were produced or
exported by those companies.
Pursuant to a refinement in our nonmarket economy practice, for sales that
were not reported in the U.S. sales data
submitted by companies individually
examined during this review, we will
instruct CBP to liquidate entries
associated with those sales at the rate
for the China-wide entity. Furthermore,
where we found 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.21
Cash Deposit Requirements
The following per-unit cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
18 See AR2 Carbon, and accompanying IDM at
Comment 3.
19 For calculated (estimated) ad valorem
importer-specific assessment rates used in
determining whether the per-unit assessment rate is
de minimis, see Carbon Activated’s Final
Calculation Memorandum and Datong Juqiang’s
Calculation Memorandum and attached Margin
Calculation Program Logs and Outputs.
20 See 19 CFR 351.106(c)(2).
21 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
E:\FR\FM\22OCN1.SGM
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53216
Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Carbon
Activated, Datong Juqiang, and the nonexamined, separate rate respondents,
the cash deposit rate will be equal to
their weighted-average dumping
margins established in the final results
of this review; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (3) for all Chinese exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be equal to the
weighted-average dumping margin for
the China-wide entity (i.e., 2.42 USD/
kg); and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These per-unit cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
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18:12 Oct 19, 2018
Jkt 247001
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
DEPARTMENT OF COMMERCE
Date: October 16, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
AGENCY:
Appendix I
Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: Use of Import Statistics In lieu
of Highest Calculated Normal Value as
Adverse Facts Available
Comment 2: Coal Tar Surrogate Value
Comment 3: Carbonized Material Surrogate
Value
Comment 4: Hydrochloric Acid Surrogate
Value
Comment 5: Labor Surrogate Value
Comment 6: Whether to Continue to Use
the Thai Financial Statements
Comment 7: Value-Added Tax
Adjustments
Comment 8: Ministerial Errors
Recommendation
Companies Not Eligible for a Separate Rate
and To Be Treated as Part of China-Wide
Entity
Company
1. Beijing Embrace Technology Co., Ltd.
2. Datong Municipal Yunguang Activated
Carbon Co., Ltd.
3. Jilin Bright Future Chemicals Co., Ltd.
4. Meadwestvaco (China) Holding Co., Ltd.
5. Ningxia Guanghua A/C Co., Ltd.
6. Ningxia Guanghua Activated Carbon Co.,
Ltd.
7. Ningxia Guanghua Chemical Activated
Carbon Co., Ltd.
8. Ningxia Jirui Activated Carbon
9. Shanxi Dapu International Trade Co., Ltd.
10. Shanxi DMD Corporation
11. Shanxi Industry Technology Trading Co.,
Ltd.
12. Tancarb Activated Carbon Co., Ltd.
13. Tangshan Solid Carbon Co., Ltd.
14. Tianjin Channel Filters Co., Ltd.
15. Tianjin Jacobi International Trading Co.,
Ltd.
16. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2018–22969 Filed 10–19–18; 8:45 am]
BILLING CODE 3510–DS–P
Frm 00011
RIN 0648–XG564
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
The Gulf of Mexico Fishery
Management Council (Council) will
hold a meeting of its Ad Hoc Red
Snapper and Grouper-Tilefish
Individual Fishing Quota (IFQ)
Advisory Panel.
DATES: The meeting will convene on
Wednesday, November 7, 2018; starting
8:30 a.m. and will adjourn at 5 p.m.
ADDRESSES: The meeting will be held at
the Gulf Council’s office, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Dr.
Ava Lasseter, Anthropologist, Gulf of
Mexico Fishery Management Council;
ava.lasseter@gulfcouncil.org, telephone:
(813) 348–1630.
SUPPLEMENTARY INFORMATION: The items
of discussion on the agenda are as
follows:
SUMMARY:
Agenda
Wednesday, November 7, 2018, 8:30
a.m. until 5 p.m.
Appendix II
PO 00000
National Oceanic and Atmospheric
Administration
Fmt 4703
Sfmt 4703
1. Introductions and Adoption of
Agenda
2. Approval of April 10, 2018 meeting
summary
3. Scope of Work
4. Presentations on National Quota
Banks
5. Reef Fish Amendment 36B:
Modifications to Commercial IFQ
Programs
6. Other Business
—Meeting Adjourns
The Agenda is subject to change, and
the latest version along with other
meeting materials will be posted on
www.gulfcouncil.org as they become
available.
Although other non-emergency issues
not on the agenda may come before the
Advisory Panel for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act, those issues may not be the subject
of formal action during this meeting.
Actions of the Advisory Panel will be
restricted to those issues specifically
identified in the agenda and any issues
E:\FR\FM\22OCN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Pages 53214-53216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22969]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Datong
Juqiang Activated Carbon Co. Ltd. (Datong Juqiang) and Carbon Activated
Tianjin Co., Ltd. (Carbon Activated) sold activated carbon from the
People's Republic of China at less than normal value (NV) during the
period of review (POR) April 1, 2016, through March 31, 2017.
DATES: Applicable October 22, 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:
Background
Commerce published the Preliminary Results \1\ on May 18, 2018. For
events subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\ On August 2, 2018,\3\ in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
Commerce extended the deadline for issuing the final results until
October 17, 2018.
---------------------------------------------------------------------------
\1\ See 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, 83 FR
23254 (May 18, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Issues and Decision Memorandum for the Final
Results of the Tenth Antidumping Duty Administrative Review,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memorandum, ``Activated Carbon from the People's
Republic of China: Extension of Deadline for Final Results of 2016-
2017 Antidumping Duty Administrative Review,'' dated August 2, 2018.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order \4\ is certain activated
carbon. The products are currently classifiable under the Harmonized
Tariff Schedule of the United States (HTSUS) subheading 3802.1000.
Although the HTSUS subheading is provided for convenience and customs
purposes, the written description of the scope of the order remains
dispositive.\5\
---------------------------------------------------------------------------
\4\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
\5\ See Issues and Decision Memorandum for a complete
description of the scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in parties' case and rebuttal briefs. In Appendix I to this
notice, we provided a list of the issues raised by parties. The Issues
and Decision Memorandum is a public document and is on file in the
Central Records Unit (CRU), Room B8024 of the main Department of
Commerce building, as well as electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov and it is available to all parties in the CRU.
In addition, parties can directly access a complete version of the
Issues and Decision Memorandum on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for Carbon Activated and Datong
Juqiang,\6\ and to the rate assigned to the non-examined, separate rate
respondents. Further, the Issues and Decision Memorandum contains
descriptions of these revisions.\7\
---------------------------------------------------------------------------
\6\ See Memoranda, ``Antidumping Duty Administrative Review of
Certain Activated Carbon from the People's Republic of China: Final
Results Calculation Memorandum for Carbon Activated'' (Carbon
Activated's Final Calculation Memorandum) and ``Antidumping Duty
Administrative Review of Certain Activated Carbon the People's
Republic of China: Final Results Calculation Memorandum for Datong
Juqiang Activated Carbon Co., Ltd. '' (Datong Juqiang's Final
Calculation Memorandum) dated concurrently with this memorandum; see
also Memorandum, ``Tenth Administrative Review of Certain Activated
Carbon from the People's Republic of China: Surrogate Values for the
Final Results,'' dated concurrently with this memorandum.
\7\ See Issues and Decisions Memorandum at 3-4 for a summary of
these revisions.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that Calgon
Carbon (Tianjin) Co., Ltd., (Calgon Tianjin), Datong Municipal Yunguang
Activated Carbon Co., Ltd. (Datong Yunguang), Jilin Bright Future
Chemicals Co., Ltd. (Jilin Bright Future), Shanxi Dapu International
Trade Co., Ltd. (Shanxi Dapu), Shanxi Industry Technology Trading Co.,
Ltd. (Shanxi Industry), Shanxi Tianxi Purification Filter Co., Ltd.
(Shanxi Tianxi), and Tianjin Channel Filters Co., Ltd. (Tianjin
Channel) had no shipments of subject merchandise to the United States
during the POR.\8\ We received no information to contradict this
determination. Therefore, we continue to find that Calgon Tianjin,
Datong Yunguang, Jilin Bright Future, Shanxi Dapu, Shanxi Industry,
Shanxi Tianxi, and Tianjin Channel had no shipments of subject
merchandise during the POR and will issue appropriate liquidation
instructions that are consistent with our ``automatic assessment''
clarification for these final results.\9\
---------------------------------------------------------------------------
\8\ See Preliminary Results, 83 FR at 23255.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment
Practice Refinement).
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Separate Rate Respondents
In our Preliminary Results, we determined that Carbon Activated,
Datong Juqiang, and six other companies demonstrated their eligibility
for separate rates.\10\ We received no comments or argument since the
issuance of the Preliminary Results that provide a basis for
reconsideration of these determinations. Therefore, for these final
results, we continue to find that the six companies listed in the table
in the ``Final Results'' section of this notice are eligible for a
separate rate.
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\10\ See Preliminary Results, and accompanying PDM at 5-9.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5) of the Act, which provides
instructions
[[Page 53215]]
for calculating the all-others rate in an investigation, for guidance
when calculating the rate for respondents not individually examined in
an administrative review. Section 735(c)(5)(A) of the Act articulates a
preference for not calculating an all-others rate using rates which are
zero, de minimis, or based entirely on facts available.\11\
Accordingly, we generally will determine the dumping margin for
companies not individually examined by averaging the weighted-average
dumping margins for the individually examined respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\12\
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\11\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum (IDM) at Comment 16.
\12\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
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For the final results, we calculated a rate only for Carbon
Activated that was not zero, de minimis, or based entirely on facts
available.\13\ Therefore, for these final results, following the
practice described above, we have assigned to the companies that have
not been individually examined, but have demonstrated their eligibility
for a separate rate, the weighted-average rate calculated for Carbon
Activated.
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\13\ See Carbon Activated's Final Calculation Memorandum and
Datong Juqiang's Final Calculation Memorandum.
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Final Results of the Review
For companies subject to this review, which established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the POR from April 1, 2016,
through March 31, 2017:
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\14\ 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) (AR2 Carbon), and
accompanying IDM at Comment 3.
\15\ 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 Results, and
accompanying PDM at n.26.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin (USD/
kg) \14\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd......... 0.45
Carbon Activated Tianjin Co., Ltd.......................... 0.45
Datong Juqiang Activated Carbon Co., Ltd................... 0.00
Jacobi Carbons AB \15\..................................... 0.45
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd...... 0.45
Ningxia Huahui Activated Carbon Co., Ltd................... 0.45
Ningxia Mineral & Chemical Limited......................... 0.45
Shanxi Sincere Industrial Co., Ltd......................... 0.45
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In the Preliminary Results, Commerce found that 16 companies for
which a review was requested did not establish eligibility for a
separate rate because they did not file a separate rate application or
a separate rate certification, as appropriate. No interested party
commented on Commerce's preliminary determination with respect to these
16 companies. Therefore, for these final results we determine these
companies, listed in Appendix II of this notice, to be part of the
China-wide entity. Because no 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,\16\ we did
not conduct a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (i.e., 2.42 USD/kg)
\17\ is not subject to change as a result of this review.
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\16\ 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).
\17\ See, e.g., Certain Activated Carbon from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 70163, 70165 (November 25, 2014).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. We intend to issue assessment instructions to CBP 15 days
after the publication date of these final results of review.
For each individually-examined respondent in this review which has
a final weighted-average dumping margin that is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer- (or
customer-) specific per-unit duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's (or
customer's) examined sales to the total sales quantity associated with
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis.\19\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\20\
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\18\ See AR2 Carbon, and accompanying IDM at Comment 3.
\19\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rate is de minimis, see Carbon Activated's Final Calculation
Memorandum and Datong Juqiang's Calculation Memorandum and attached
Margin Calculation Program Logs and Outputs.
\20\ See 19 CFR 351.106(c)(2).
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the rate assigned
to them for the final results (i.e., 0.45 USD/kg).
For the companies identified in Appendix II as part of the China-
wide entity, we will instruct CBP to apply a per-unit assessment rate
of 2.42 USD/kg to all entries of subject merchandise during the POR
which were produced or exported by those companies.
Pursuant to a refinement in our non-market economy practice, for
sales that were not reported in the U.S. sales data submitted by
companies individually examined during this review, we will instruct
CBP to liquidate entries associated with those sales at the rate for
the China-wide entity. Furthermore, where we found 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.\21\
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\21\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements
The following per-unit cash deposit requirements will be effective
upon publication of the final results of this administrative review for
all shipments of the subject merchandise from China entered, or
withdrawn from warehouse, for consumption on or after the
[[Page 53216]]
publication date, as provided by section 751(a)(2)(C) of the Act: (1)
For Carbon Activated, Datong Juqiang, and the non-examined, separate
rate respondents, the cash deposit rate will be equal to their
weighted-average dumping margins established in the final results of
this review; (2) for previously investigated or reviewed Chinese and
non-Chinese exporters not listed above that have separate rates, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding in
which they were reviewed; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be equal to the weighted-average dumping
margin for the China-wide entity (i.e., 2.42 USD/kg); and (4) for all
non-Chinese exporters of subject merchandise which have not received
their own separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These per-unit cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Date: October 16, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
Appendix I
Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: Use of Import Statistics In lieu of Highest
Calculated Normal Value as Adverse Facts Available
Comment 2: Coal Tar Surrogate Value
Comment 3: Carbonized Material Surrogate Value
Comment 4: Hydrochloric Acid Surrogate Value
Comment 5: Labor Surrogate Value
Comment 6: Whether to Continue to Use the Thai Financial
Statements
Comment 7: Value-Added Tax Adjustments
Comment 8: Ministerial Errors
Recommendation
Appendix II
Companies Not Eligible for a Separate Rate and To Be Treated as Part of
China-Wide Entity
Company
1. Beijing Embrace Technology Co., Ltd.
2. Datong Municipal Yunguang Activated Carbon Co., Ltd.
3. Jilin Bright Future Chemicals Co., Ltd.
4. Meadwestvaco (China) Holding Co., Ltd.
5. Ningxia Guanghua A/C Co., Ltd.
6. Ningxia Guanghua Activated Carbon Co., Ltd.
7. Ningxia Guanghua Chemical Activated Carbon Co., Ltd.
8. Ningxia Jirui Activated Carbon
9. Shanxi Dapu International Trade Co., Ltd.
10. Shanxi DMD Corporation
11. Shanxi Industry Technology Trading Co., Ltd.
12. Tancarb Activated Carbon Co., Ltd.
13. Tangshan Solid Carbon Co., Ltd.
14. Tianjin Channel Filters Co., Ltd.
15. Tianjin Jacobi International Trading Co., Ltd.
16. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2018-22969 Filed 10-19-18; 8:45 am]
BILLING CODE 3510-DS-P
