Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 68881-68883 [2019-27134]
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019–27137 Filed 12–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
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
certain activated carbon from the
People’s Republic of China (China) at
less than normal value during the
period of review (POR) April 1, 2017
through March 31, 2018.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer 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) 482–0968 or (202) 482–0339,
respectively.
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AGENCY:
SUPPLEMENTARY INFORMATION:
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Background
Commerce published the Preliminary
Results 1 on June 14, 2019. For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2 On September 20,
2019,3 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 December 11, 2019.
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 the interested parties’ case and
rebuttal briefs. In Appendix I to this
notice, we provided a list of the issues
raised by the 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 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 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 and electronic versions of
the Issues and Decision Memorandum
are identical in content.
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; 2017–
2018, 84 FR 27758 (June 14, 2019) (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
Eleventh 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 2017–2018 Antidumping Duty
Administrative Review,’’ dated September 20, 2019.
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.
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68881
Verification
Pursuant to section 782(i) of the Act,
and 19 CFR 351.307(b)(iv), we
conducted verification of the
questionnaire responses of Carbon
Activated.6
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,7 and
consequently, to the rate assigned to the
non-examined, separate rate
respondents. The Issues and Decision
Memorandum contains additional
details of these revisions.8
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Charter
Link Logistics Limited, 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., Shanxi
Tianxi Purification Filter Co., Ltd., and
Tianjin Channel Filters Co., Ltd. had no
shipments of subject merchandise to the
United States during the POR.9 We
received no information to contradict
this determination. Therefore, we
continue to find that these companies
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.10
6 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Carbon Activated
Tianjin Co., Ltd.’s Supplier in the Antidumping
Administrative Review of Certain Activated Carbon
from the People’s Republic of China,’’ and
‘‘Verification of the Questionnaire Responses of
Carbon Activated Tianjin Co., Ltd.’s Supplier in the
Antidumping Administrative Review of Certain
Activated Carbon from the People’s Republic of
China,’’ both dated September 27, 2019.
7 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), both dated concurrently
with this memorandum; see also Memorandum,
‘‘Eleventh Administrative Review of Certain
Activated Carbon from the People’s Republic of
China: Surrogate Values for the Final Results,’’
dated concurrently with this memorandum.
8 See Issues and Decisions Memorandum at 3–4
for a summary of these revisions.
9 See Preliminary Results, 84 FR at 27758.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
Separate Rate Respondents
In our Preliminary Results, we
determined that Carbon Activated,
Datong Juqiang, and six other
companies demonstrated their eligibility
for separate rates.11 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 eight 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
In the Preliminary Results,12 and
consistent with Commerce’s practice,13
we assigned the non-examined, separate
rate companies a rate equal to the
weighted average of the calculated
weighted-average dumping margins for
the mandatory respondents that are not
zero, de minimis (i.e., less than 0.5
percent), or based entirely on facts
available, weighted by the total U.S.
sales quantities from the public version
of the submissions from the mandatory
respondents.14 No parties commented
on the methodology for calculating this
separate rate. For the final results, we
continue to apply this approach, as it is
consistent with the intent of, and our
use of, section 735(c)(5)(A) of the Act.15
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, 2017 through March 31, 2018:
Weighted-average
dumping margin
(USD/kg) 16
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 17 ....................................................................................................................................................................
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ..........................................................................................................
Ningxia Huahui Activated Carbon Co., Ltd ...................................................................................................................................
Ningxia Mineral & Chemical Limited .............................................................................................................................................
Shanxi Sincere Industrial Co., Ltd .................................................................................................................................................
In the Preliminary Results, Commerce
found that 239 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.18 No
interested party commented on
Commerce’s preliminary determination
with respect to these 239 companies.
Therefore, for these final results we
determine these companies 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,19 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) 20 is not subject
to change as a result of this review.
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
11 See Preliminary Results PDM at 4–8.
12 Id. at 10–11.
13 See, e.g., Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
56158, 56160 (September 12, 2011) (Vietnam
Shrimp).
14 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Calculation of
Margin for Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
15 See Vietnam Shrimp, 76 FR at 56160.
16 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 Issues and Decision Memorandum
(IDM) at Comment 3.
17 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) should be treated as 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
PDM.
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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 perunit duty assessment rates based on the
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Fmt 4703
Sfmt 4703
0.89
1.02
0.86
0.89
0.89
0.89
0.89
0.89
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).21 We will also calculate
(estimated) ad valorem importerspecific assessment rates with which to
determine whether the per-unit
assessment rates are de minimis.22
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.23
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
18 See
Preliminary Results PDM at 8.
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).
20 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).
21 See AR2 Carbon IDM at Comment 3.
22 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
Final Calculation Memorandum and attached
Margin Calculation Program Logs and Outputs.
23 See 19 CFR 351.106(c)(2).
19 See
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
assessment rate will be equal to the rate
assigned to them for the final results
(i.e., 0.89 USD/kg).
For the companies identified 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.24
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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
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.
24 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
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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.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of the Primary
Surrogate Country
Comment 2 Bituminous Coal Surrogate
Value
Comment 3: Coal Tar Surrogate Value
Comment 4: Calculation of Surrogate
Financial Ratios
Comment 5: Application of Adverse Facts
Available for Merchandise Produced by
Certain Suppliers of Carbon Activated
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68883
Comment 6: Selection of Appropriate
Factors of Production Database for
Carbon Activated
Comment 7: Correction of Preliminary
Results Calculation Error
Comment 8: Treatment of Tancarb
Activated Carbon Co., Ltd.
VI. Recommendation
[FR Doc. 2019–27134 Filed 12–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From Turkey: Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on certain oil
country tubular goods (OCTG) from
Turkey for the period September 1,
2018, through August 31, 2019.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Lochard Philozin, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4260.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 3, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on OCTG from
Turkey for the period of review
September 1, 2018, through August 31,
2019.1 On September 30, 2019, the
petitioners 2 timely requested an
administrative review of the order with
respect to certain companies.3 On
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 45949
(September 3, 2019).
2 The petitioners are United States Steel
Corporation, Maverick Tube Corporation, Tenaris
Bay City, Inc., TMK IPSCO, Vallourec Star, L.P.,
and Welded Tube USA.
3 See the petitioners’ Letter, ‘‘Oil Country Tubular
Goods from Turkey: Request for Administrative
Review of Antidumping Duty Order,’’ dated
September 30, 2019. The petitioners requested a
review of the following companies: Bak(r Grup
Makine ˙Imalat Bak(m Montaj Demontaj Sanayi ve
Ticaret Ltd. S
¸ ti., Borusan Mannesmann Boru Sanayi
ve Ticaret A.S
¸ . and its affiliates (collectively,
Borusan), Cayirova Boru Sanayi ve Ticaret A.S.,
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]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68881-68883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27134]
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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; 2017-2018
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 certain activated
carbon from the People's Republic of China (China) at less than normal
value during the period of review (POR) April 1, 2017 through March 31,
2018.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT: Bob Palmer 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) 482-0968 or (202) 482-0339,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results \1\ on June 14, 2019.
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On September 20, 2019,\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
December 11, 2019.
---------------------------------------------------------------------------
\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; 2017-2018, 84 FR
27758 (June 14, 2019) (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 Eleventh 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 2017-
2018 Antidumping Duty Administrative Review,'' dated September 20,
2019.
---------------------------------------------------------------------------
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 the interested parties' case and rebuttal briefs. In Appendix
I to this notice, we provided a list of the issues raised by the
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
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 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 and electronic versions of the Issues and
Decision Memorandum are identical in content.
Verification
Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(iv),
we conducted verification of the questionnaire responses of Carbon
Activated.\6\
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\6\ See Memoranda, ``Verification of the Questionnaire Responses
of Carbon Activated Tianjin Co., Ltd.'s Supplier in the Antidumping
Administrative Review of Certain Activated Carbon from the People's
Republic of China,'' and ``Verification of the Questionnaire
Responses of Carbon Activated Tianjin Co., Ltd.'s Supplier in the
Antidumping Administrative Review of Certain Activated Carbon from
the People's Republic of China,'' both dated September 27, 2019.
---------------------------------------------------------------------------
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,\7\ and consequently, to the rate assigned to the non-examined,
separate rate respondents. The Issues and Decision Memorandum contains
additional details of these revisions.\8\
---------------------------------------------------------------------------
\7\ 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), both dated concurrently with this
memorandum; see also Memorandum, ``Eleventh Administrative Review of
Certain Activated Carbon from the People's Republic of China:
Surrogate Values for the Final Results,'' dated concurrently with
this memorandum.
\8\ 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
Charter Link Logistics Limited, 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., Shanxi Tianxi Purification Filter Co., Ltd., and Tianjin Channel
Filters Co., Ltd. had no shipments of subject merchandise to the United
States during the POR.\9\ We received no information to contradict this
determination. Therefore, we continue to find that these companies 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.\10\
---------------------------------------------------------------------------
\9\ See Preliminary Results, 84 FR at 27758.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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[[Page 68882]]
Separate Rate Respondents
In our Preliminary Results, we determined that Carbon Activated,
Datong Juqiang, and six other companies demonstrated their eligibility
for separate rates.\11\ 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 eight companies listed in the
table in the ``Final Results'' section of this notice are eligible for
a separate rate.
---------------------------------------------------------------------------
\11\ See Preliminary Results PDM at 4-8.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results,\12\ and consistent with Commerce's
practice,\13\ we assigned the non-examined, separate rate companies a
rate equal to the weighted average of the calculated weighted-average
dumping margins for the mandatory respondents that are not zero, de
minimis (i.e., less than 0.5 percent), or based entirely on facts
available, weighted by the total U.S. sales quantities from the public
version of the submissions from the mandatory respondents.\14\ No
parties commented on the methodology for calculating this separate
rate. For the final results, we continue to apply this approach, as it
is consistent with the intent of, and our use of, section 735(c)(5)(A)
of the Act.\15\
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\12\ Id. at 10-11.
\13\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 76 FR 56158,
56160 (September 12, 2011) (Vietnam Shrimp).
\14\ See Memorandum, ``Certain Activated Carbon from the
People's Republic of China: Calculation of Margin for Respondents
Not Selected for Individual Examination,'' dated concurrently with
this notice.
\15\ See Vietnam Shrimp, 76 FR at 56160.
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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, 2017
through March 31, 2018:
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\16\ 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 Issues and Decision Memorandum (IDM) at Comment 3.
\17\ 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) should be treated as
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 PDM.
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(USD/kg) \16\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd... 0.89
Carbon Activated Tianjin Co., Ltd.................... 1.02
Datong Juqiang Activated Carbon Co., Ltd............. 0.86
Jacobi Carbons AB \17\............................... 0.89
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 0.89
Ningxia Huahui Activated Carbon Co., Ltd............. 0.89
Ningxia Mineral & Chemical Limited................... 0.89
Shanxi Sincere Industrial Co., Ltd................... 0.89
------------------------------------------------------------------------
In the Preliminary Results, Commerce found that 239 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.\18\ No interested party
commented on Commerce's preliminary determination with respect to these
239 companies. Therefore, for these final results we determine these
companies 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,\19\ 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) \20\ is not subject to change as a
result of this review.
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\18\ See Preliminary Results PDM at 8.
\19\ 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).
\20\ 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).\21\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis.\22\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or custom- er) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\23\
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\21\ See AR2 Carbon IDM at Comment 3.
\22\ 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 Final Calculation Memorandum and
attached Margin Calculation Program Logs and Outputs.
\23\ 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
[[Page 68883]]
assessment rate will be equal to the rate assigned to them for the
final results (i.e., 0.89 USD/kg).
For the companies identified 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.\24\
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\24\ 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 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of the Primary Surrogate Country
Comment 2 Bituminous Coal Surrogate Value
Comment 3: Coal Tar Surrogate Value
Comment 4: Calculation of Surrogate Financial Ratios
Comment 5: Application of Adverse Facts Available for
Merchandise Produced by Certain Suppliers of Carbon Activated
Comment 6: Selection of Appropriate Factors of Production
Database for Carbon Activated
Comment 7: Correction of Preliminary Results Calculation Error
Comment 8: Treatment of Tancarb Activated Carbon Co., Ltd.
VI. Recommendation
[FR Doc. 2019-27134 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-DS-P
