Certain Activated Carbon From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016-2017, 58229-58231 [2018-25144]
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Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Rescission, in Part, of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
United States Department of Commerce.
SUMMARY: On August 10, 2018, the
Department of Commerce (Commerce)
initiated an administrative review of the
antidumping duty order on tapered
roller bearings and parts thereof,
finished and unfinished (TRBs) from the
People’s Republic of China (China) for
14 companies. Based on timely
withdrawal of requests for review, we
are now rescinding this administrative
review with respect to 10 of these
companies.
AGENCY:
DATES:
Applicable November 19, 2018.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Alex Wood, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4987 or (202) 482–1959,
respectively.
SUPPLEMENTARY INFORMATION:
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In June 2018, Commerce received
multiple timely requests to conduct an
administrative review of the
antidumping duty order on TRBs from
China. Based upon these requests, on
August 10, 2018, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), Commerce
published a notice of initiation of an
administrative review covering the
period June 1, 2017, through May 31,
2018, with respect to 14 companies.1 In
August and September, 2018, the
following companies withdrew their
requests for an administrative review:
Changshan Peer Bearing Co., Ltd. (CPZ/
SKF); CNH Industrial Italia SpA (CNH);
GGB Bearing Technology (Suzhou) Co.,
Ltd. (GGB); GSP Automotive Group
Wenzhou Co., Ltd. (GSP); Hangzhou
Hanji Auto Parts Co., Ltd. (Hanji Auto);
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
39688 (August 10, 2018). See also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596, 45603
(September 10, 2018), correcting the spelling of one
company name.
17:20 Nov 16, 2018
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Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. CNH,
CPZ/SKF, GGB, GSP, Hanji Auto,
Hangzhou Radical, SGBC, Xinglun
Bearings, Zhaofeng, and Zhejiang
Machinery timely withdrew their
requests for an administrative review of
themselves. No other party requested a
review of these 10 companies.
Accordingly, we are rescinding this
review, in part, with respect to these
companies, pursuant to 19 CFR
351.213(d)(1).
The instant review will continue with
respect to the following companies:
Hangzhou Xiaoshan Dingli Machinery
Co., Ltd.; Shandong Aokai Bearing Co.,
Ltd.; Taizhou Zson Bearing Technology
Co., Ltd.; and Zhejiang Jingli Bearing
Technology Co., Ltd.
Assessment
Background
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Hangzhou Radical Energy-Saving
Technology Co., Ltd. (Hangzhou
Radical); Ningbo Xinglun Bearings
Import & Export Co., Ltd. (Xinglun
Bearings); Shanghai General Bearing
Co., Ltd (SGBC); Zhejiang Machinery
Import & Export Corp. (Zhejiang
Machinery); and Zhejiang Zhaofeng
Mechanical and Electronic Co., Ltd.
(Zhaofeng).
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. For the companies for which
this review is rescinded, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice.
Notification to Importers
This notice serves as a 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
review period. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
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58229
Notification Regarding Administrative
Protective Orders
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, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751 and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: November 14, 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.
[FR Doc. 2018–25146 Filed 11–16–18; 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: Amended
Final Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 22, 2018, the
Department of Commerce (Commerce)
published in the Federal Register the
final results of the administrative review
of the antidumping duty (AD) order on
certain activated carbon from the
People’s Republic of China (China).
Commerce is amending the final results
of the administrative review to correct
ministerial errors.
DATES: Applicable November 19, 2018.
FOR FURTHER INFORMATION CONTACT: John
Anwesen or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–0131 or (202) 482–
0339, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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58230
Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
On October 22, 2018, Commerce
published in the Federal Register the
final results of the administrative review
of certain activated carbon from China.1
On October 23, 2018, Datong Juqiang
submitted timely ministerial error
allegations regarding the Final Results.
In addition, Tianjin Channel Filters Co.,
Ltd. (TCF), Jilin Bright Future
Chemicals Co. Ltd (Jilin Bright Future),
Datong Municipal Yunguang Activated
Carbon Co., Ltd. (Datong Yunguang),
Shanxi Industry Technology Trading
Co., Ltd. (SITT), and Shanxi Dapu
International Trade Co., Ltd. (Shanxi
Dapu) (collectively, No Shipment
Companies) submitted timely
ministerial error allegations regarding
the Final Results.
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 2 With respect to final
results, 19 CFR 351.224(e) provides that
Commerce ‘‘will analyze any comments
received and, if appropriate, correct any
ministerial error by amending . . . the
final results of review. . . .’’
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Ministerial Errors
A. No Shipment Companies
The No Shipment Companies allege
that, in Appendix II of the Final Results,
Commerce erroneously listed TCF, Jilin
Bright Future, Datong Yunguang, SITT,
and Shanxi Dapu as companies not
eligible for a separate rate and,
therefore, part of the China-Wide entity.
With regard to the No Shipment
Companies’ allegation, we agree that the
inclusion of their names in Appendix II
of the Final Results constitutes a
ministerial error. In the Final Results,
we determined that these companies
made no shipments of subject
merchandise during the period of
review, based on their respective
certifications of no shipments and our
inquiry with CBP. Thus, the inclusion of
these companies in Appendix II of the
Final Results, which identified the
companies that were not eligible for a
separate rate and would be treated as
part of the China-wide entity, was an
1 See Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2016–2017, 83 FR
53214 (October 22, 2018) (Final Results) and
accompanying Issues and Decision Memorandum.
2 See also 19 CFR 351.224(f).
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17:20 Nov 16, 2018
Jkt 247001
unintentional error, and constitutes a
ministerial error within the meaning of
section 751(h) of the Act and 19 CFR
351.224(f), which warrants a correction.
Consequently, we revised Appendix II
to remove TCF, Jilin Bright Future,
Datong Yunguang, SITT, and Shanxi
Dapu from the list of companies not
eligible for a separate rate as part of the
China-Wide entity.
B. Carbon Activated Tianjin Co., Ltd.
In reviewing the ministerial error
allegations in the Final Results, we
noted that we inadvertently we applied
the margin corresponding to the
incorrect comparison method,
inconsistent with the results of our
differential pricing test and analysis.
This error resulted in assigning the
incorrect weighted-average dumping
margin to Carbon Activated Tianjin Co.,
Ltd. (Carbon Activated). In the Final
Results, we inadvertently listed a
dumping margin calculated based on
the average-to-transaction (A–T)
comparison method, which resulted in
a $0.45/kilogram weighted-average
dumping margin.3 However, we should
have listed the dumping margin
calculated using the mixed alternative
methodology (i.e., average-to-average
and A–T method),4 which results in a
weighted-average dumping margin of
$0.23/kilogram. We find that our
application of the margin corresponding
to the A–T comparison method is an
unintentional error constituting a
ministerial error within the meaning of
section 751(h) of the Act and 19 CFR
351.224(f), and warranting correction.5
Consequently, as explained in the
Ministerial Error Memorandum, we are
amending the final weighted-average
dumping margin for Carbon Activated
pursuant to 19 CFR 351.224(e) to reflect
the correct methodology and weightedaverage dumping margin.
Furthermore, in the Final Results, we
assigned to the non-individually
examined companies that qualified for a
separate rate (Separate Rate Companies),
the weighted-average dumping margin
calculated for Carbon Activated.6
Consistent with our practice, because
3 See
Final Results, 83 FR at 53214. See also
Memorandum, ‘‘Antidumping Duty Administrative
Review of Certain Activated Carbon from the
People’s Republic of China: Final Results
Calculation Memorandum for Carbon Activated’’ at
3.
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
from the People’s Republic of China: Final Results
Calculation Memorandum for Carbon Activated’’
dated October 16, 2018 (Carbon Activated’s Final
Calculation Memorandum), at 3–4.
5 See Ministerial Error Memorandum; see also
Carbon Activated’s Final Calculation Memorandum
at 3–4.
6 See Final Results, 83 FR at 53214.
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we are amending Carbon Activated’s
final weighted-average dumping margin
to reflect the correct differential pricing
methodology, we are also amending the
separate rate assigned to the Separate
Rate Companies.
Revisions Not Covered by Section
751(h) of the Act
In its timely filed ministerial
allegation letter, Datong Juqiang alleges
that, in the Datong Juqiang-specific draft
liquidation instructions, Commerce
identified one importer/customer by its
short name, not its full legal name. In
the final Datong Juqiang-specific
liquidation instructions, Datong Juqiang
requests that Commerce identify the
importer/customer by both its full legal
name and short name. Datong Juqiang
also requests that Commerce revise the
instruction to include an additional
customer reported by Datong Juqiang in
its responses, to avoid any confusion
with United States Customs and Border
Protection (CBP) when liquidating
entries.
We find that Datong Juqiang’s alleged
errors do not constitute a ministerial
error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f)
because they are comments on the draft
liquidation instructions, rather than
allegations of error in the final results of
this administrative review.
Nevertheless, we have considerd Datong
Juqiang’s comment on the draft
liquidation instructions and have
revised Datong Juqiang’s liquidation
instruction to include both the full legal
name and short name of one importer/
customer as identified by Datong
Juqiang. However, consistent with our
practice, we decline to include the name
of the additional customer reported by
Datong Juqiang in its responses because
this customer was not reported as
importer of record, which is the
information upon which importerspecific assessment and liquidation
instructions are based, unless the
importer of record is unknown. In this
case, this additional customer was not
reported as an importer of record.
Amended Final Results
The amended weighted-average
dumping margins are as follows:
7 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) and accompanying IDM at
Comment 3.
8 There are no changes to the dumping margin for
Datong Juqiang Activated Carbon Co., Ltd.
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Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
Amended
weightedaverage
dumping
margins
(USD/kg) 7
Exporter
Beijing Pacific Activated Carbon
Products Co., Ltd ....................
Carbon Activated Tianjin Co.,
Ltd ...........................................
Datong Juqiang Activated Carbon Co., Ltd 8 ..........................
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 ...........................................
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review; 2016–
0.23 2017
0.23
0.00
0.23
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
0.23
SUMMARY: The Department of Commerce
0.23 (Commerce) determines that, during the
period of review (POR) July 1, 2016,
0.23 through June 30, 2017, Oman Fasteners
LLC (Oman Fasteners) is not selling
0.23 nails at less than normal value but that
the collapsed entity of Overseas
International Steel Industry LLC (OISI)
These amended final results are
and Overseas Distribution Services Inc.
published in accordance with sections
(ODS) is.
751(h) and 777(i)(1) of the Act and 19
DATES: Applicable November 19, 2018.
CFR 351.224(e) and (g).
FOR FURTHER INFORMATION CONTACT:
Dated: November 13, 2018.
Thomas Martin, AD/CVD Operations,
Gary Taverman,
Office IV, Enforcement and Compliance,
Deputy Assistant Secretary for Antidumping
International Trade Administration,
and Countervailing Duty Operations,
U.S. Department of Commerce, 1401
performing the non-exclusive functions and
Constitution Avenue NW, Washington,
duties of the Assistant Secretary for
Enforcement and Compliance.
DC 20230; telephone: (202) 482–3936,
respectively.
Appendix
Companies Not Eligible for a Separate Rate
and To Be Treated as Part of China-Wide
Entity
SUPPLEMENTARY INFORMATION:
Background
BILLING CODE 3510–DS–P
On May 14, 2018, Commerce
published the Preliminary Results of the
2016–2017 antidumping duty
administrative review of certain steel
nails from the Sultanate of Oman.1 In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.
On June 13, 2018, Mid Continent Steel
& Wire, Inc. (the petitioner) and Oman
Fasteners submitted case briefs.2 In its
case brief, the petitioner timely
requested a hearing but withdrew its
request on September 7, 2018.3 On June
20, 2018, the petitioner and Oman
Fasteners submitted their rebuttal
briefs.4
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 Results, and accompanying PDM at
n.26.
1 See Certain Steel Nails from the Sultanate of
Oman: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 22246 (May 14, 2018) and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
2 See the petitioner’s case brief, dated June 13,
2018, Oman Fasteners’ case brief, dated June 13,
2018.
3 See Letter from the petitioner, ‘‘Certain Steel
Nails from Oman: Withdrawal of Request for
Hearing,’’ dated September 7, 2018.
4 See the petitioner’s rebuttal brief, dated June 20,
2018, and Oman Fasteners’ rebuttal brief, dated
June 20, 2018.
Company
1. Beijing Embrace Technology Co., Ltd.
2. Meadwestvaco (China) Holding Co., Ltd.
3. Ningxia Guanghua A/C Co., Ltd.
4. Ningxia Guanghua Activated Carbon Co.,
Ltd.
5. Ningxia Guanghua Chemical Activated
Carbon Co., Ltd.
6. Ningxia Jirui Activated Carbon
7. Shanxi DMD Corporation
8. Tancarb Activated Carbon Co., Ltd.
9. Tangshan Solid Carbon Co., Ltd.
10. Tianjin Jacobi International Trading Co.,
Ltd.
11. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2018–25144 Filed 11–16–18; 8:45 am]
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AGENCY:
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58231
Scope of the Order
The merchandise covered by this
order is nails having a nominal shaft
length not exceeding 12 inches.5
Merchandise covered by the order is
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this
order also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the IDM.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the IDM. A list of the issues that parties
raised and to which we responded is
attached to this notice as an Appendix.
The IDM is a public document and is
on-file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit (CRU), room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the IDM can be
accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed IDM and the
electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have recalculated Oman
Fasteners’ weighted-average dumping
5 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
6 See Memorandum, ‘‘Decision Memorandum for
Final Results of the 2016–2017 Antidumping Duty
Administrative Review of Certain Steel Nails from
the Sultanate of Oman,’’ dated concurrently with,
and hereby adopted by this notice (IDM).
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]]>Agencies
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58229-58231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25144]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review; 2016-
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 22, 2018, the Department of Commerce (Commerce)
published in the Federal Register the final results of the
administrative review of the antidumping duty (AD) order on certain
activated carbon from the People's Republic of China (China). Commerce
is amending the final results of the administrative review to correct
ministerial errors.
DATES: Applicable November 19, 2018.
FOR FURTHER INFORMATION CONTACT: John Anwesen or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0131
or (202) 482-0339, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 58230]]
On October 22, 2018, Commerce published in the Federal Register the
final results of the administrative review of certain activated carbon
from China.\1\ On October 23, 2018, Datong Juqiang submitted timely
ministerial error allegations regarding the Final Results. In addition,
Tianjin Channel Filters Co., Ltd. (TCF), Jilin Bright Future Chemicals
Co. Ltd (Jilin Bright Future), Datong Municipal Yunguang Activated
Carbon Co., Ltd. (Datong Yunguang), Shanxi Industry Technology Trading
Co., Ltd. (SITT), and Shanxi Dapu International Trade Co., Ltd. (Shanxi
Dapu) (collectively, No Shipment Companies) submitted timely
ministerial error allegations regarding the Final Results.
---------------------------------------------------------------------------
\1\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2016-2017, 83 FR 53214 (October 22, 2018) (Final Results) and
accompanying Issues and Decision Memorandum.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \2\ With respect to final results, 19 CFR 351.224(e)
provides that Commerce ``will analyze any comments received and, if
appropriate, correct any ministerial error by amending . . . the final
results of review. . . .''
---------------------------------------------------------------------------
\2\ See also 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Errors
A. No Shipment Companies
The No Shipment Companies allege that, in Appendix II of the Final
Results, Commerce erroneously listed TCF, Jilin Bright Future, Datong
Yunguang, SITT, and Shanxi Dapu as companies not eligible for a
separate rate and, therefore, part of the China-Wide entity. With
regard to the No Shipment Companies' allegation, we agree that the
inclusion of their names in Appendix II of the Final Results
constitutes a ministerial error. In the Final Results, we determined
that these companies made no shipments of subject merchandise during
the period of review, based on their respective certifications of no
shipments and our inquiry with CBP. Thus, the inclusion of these
companies in Appendix II of the Final Results, which identified the
companies that were not eligible for a separate rate and would be
treated as part of the China-wide entity, was an unintentional error,
and constitutes a ministerial error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f), which warrants a correction.
Consequently, we revised Appendix II to remove TCF, Jilin Bright
Future, Datong Yunguang, SITT, and Shanxi Dapu from the list of
companies not eligible for a separate rate as part of the China-Wide
entity.
B. Carbon Activated Tianjin Co., Ltd.
In reviewing the ministerial error allegations in the Final
Results, we noted that we inadvertently we applied the margin
corresponding to the incorrect comparison method, inconsistent with the
results of our differential pricing test and analysis. This error
resulted in assigning the incorrect weighted-average dumping margin to
Carbon Activated Tianjin Co., Ltd. (Carbon Activated). In the Final
Results, we inadvertently listed a dumping margin calculated based on
the average-to-transaction (A-T) comparison method, which resulted in a
$0.45/kilogram weighted-average dumping margin.\3\ However, we should
have listed the dumping margin calculated using the mixed alternative
methodology (i.e., average-to-average and A-T method),\4\ which results
in a weighted-average dumping margin of $0.23/kilogram. We find that
our application of the margin corresponding to the A-T comparison
method is an unintentional error constituting a ministerial error
within the meaning of section 751(h) of the Act and 19 CFR 351.224(f),
and warranting correction.\5\ Consequently, as explained in the
Ministerial Error Memorandum, we are amending the final weighted-
average dumping margin for Carbon Activated pursuant to 19 CFR
351.224(e) to reflect the correct methodology and weighted-average
dumping margin.
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\3\ See Final Results, 83 FR at 53214. See also Memorandum,
``Antidumping Duty Administrative Review of Certain Activated Carbon
from the People's Republic of China: Final Results Calculation
Memorandum for Carbon Activated'' at 3.
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Activated Carbon from the People's Republic of China: Final
Results Calculation Memorandum for Carbon Activated'' dated October
16, 2018 (Carbon Activated's Final Calculation Memorandum), at 3-4.
\5\ See Ministerial Error Memorandum; see also Carbon
Activated's Final Calculation Memorandum at 3-4.
---------------------------------------------------------------------------
Furthermore, in the Final Results, we assigned to the non-
individually examined companies that qualified for a separate rate
(Separate Rate Companies), the weighted-average dumping margin
calculated for Carbon Activated.\6\ Consistent with our practice,
because we are amending Carbon Activated's final weighted-average
dumping margin to reflect the correct differential pricing methodology,
we are also amending the separate rate assigned to the Separate Rate
Companies.
---------------------------------------------------------------------------
\6\ See Final Results, 83 FR at 53214.
---------------------------------------------------------------------------
Revisions Not Covered by Section 751(h) of the Act
In its timely filed ministerial allegation letter, Datong Juqiang
alleges that, in the Datong Juqiang-specific draft liquidation
instructions, Commerce identified one importer/customer by its short
name, not its full legal name. In the final Datong Juqiang-specific
liquidation instructions, Datong Juqiang requests that Commerce
identify the importer/customer by both its full legal name and short
name. Datong Juqiang also requests that Commerce revise the instruction
to include an additional customer reported by Datong Juqiang in its
responses, to avoid any confusion with United States Customs and Border
Protection (CBP) when liquidating entries.
We find that Datong Juqiang's alleged errors do not constitute a
ministerial error within the meaning of section 751(h) of the Act and
19 CFR 351.224(f) because they are comments on the draft liquidation
instructions, rather than allegations of error in the final results of
this administrative review. Nevertheless, we have considerd Datong
Juqiang's comment on the draft liquidation instructions and have
revised Datong Juqiang's liquidation instruction to include both the
full legal name and short name of one importer/customer as identified
by Datong Juqiang. However, consistent with our practice, we decline to
include the name of the additional customer reported by Datong Juqiang
in its responses because this customer was not reported as importer of
record, which is the information upon which importer-specific
assessment and liquidation instructions are based, unless the importer
of record is unknown. In this case, this additional customer was not
reported as an importer of record.
Amended Final Results
The amended weighted-average dumping margins are as follows:
---------------------------------------------------------------------------
\7\ 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) and accompanying IDM
at Comment 3.
\8\ There are no changes to the dumping margin for Datong
Juqiang Activated Carbon Co., Ltd.
\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 Results, and
accompanying PDM at n.26.
[[Page 58231]]
------------------------------------------------------------------------
Amended
weighted-
average
Exporter dumping
margins
(USD/kg)
\7\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd.......... 0.23
Carbon Activated Tianjin Co., Ltd........................... 0.23
Datong Juqiang Activated Carbon Co., Ltd \8\................ 0.00
Jacobi Carbons AB \9\....................................... 0.23
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd....... 0.23
Ningxia Huahui Activated Carbon Co., Ltd.................... 0.23
Ningxia Mineral & Chemical Limited.......................... 0.23
Shanxi Sincere Industrial Co., Ltd.......................... 0.23
------------------------------------------------------------------------
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e) and (g).
Dated: November 13, 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
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. Meadwestvaco (China) Holding Co., Ltd.
3. Ningxia Guanghua A/C Co., Ltd.
4. Ningxia Guanghua Activated Carbon Co., Ltd.
5. Ningxia Guanghua Chemical Activated Carbon Co., Ltd.
6. Ningxia Jirui Activated Carbon
7. Shanxi DMD Corporation
8. Tancarb Activated Carbon Co., Ltd.
9. Tangshan Solid Carbon Co., Ltd.
10. Tianjin Jacobi International Trading Co., Ltd.
11. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2018-25144 Filed 11-16-18; 8:45 am]
BILLING CODE 3510-DS-P
