Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Intent To Rescind the Review, in Part, and Preliminary Determination of No Shipments; 2018-2019, 23947-23950 [2020-09222]
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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Notices
statements is greater than can be
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EDT on Friday, May 15, 2020, for
inclusion in the meeting records and for
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may submit pertinent written comments
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Comments may be submitted to Jennifer
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during the meeting. Copies of Board
meeting minutes will be available
within 90 days of the meeting.
Jennifer Aguinaga,
Designated Federal Officer, United States
Travel and Tourism Advisory Board.
[FR Doc. 2020–09143 Filed 4–29–20; 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:
Preliminary Results of Antidumping
Duty Administrative Review, Intent To
Rescind the Review, in Part, and
Preliminary Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Carbon Activated Tianjin Co., Ltd.
(Carbon Activated) and Datong Juqiang
Activated Carbon Co., Ltd. (Datong
Juqiang), exporters of certain activated
carbon from the People’s Republic of
China (China), sold subject merchandise
in the United States at prices below
normal value (NV) during the period of
review (POR) April 1, 2018 through
March 31, 2019. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable April 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn or George Ayache, AD/CVD
Operations, Office VIII, Enforcement
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and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0339 or (202) 482–2623,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
administrative review on June 13,
2019.1 On November 19, 2019,
Commerce extended the preliminary
results deadline until April 29, 2020.2
Scope of the Order 3
The merchandise subject to the order
is certain activated carbon. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3802.10.00. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the order
remains dispositive.4
Intent To Rescind Administrative
Review, in Part
In the Initiation Notice, we included
Jacobi Carbons, Inc. among the
companies for which a review was
requested. Commerce has previously
determined that Jacobi Carbons, Inc. is
a U.S. shareholder of Jacobi,5 and the
record of this review supports that
determination. Therefore, we intend to
rescind the review with respect to Jacobi
Carbons, Inc.6
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information, and the no shipment
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
27587 (June 13, 2019) (Initiation Notice).
2 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of the Twelfth
Antidumping Duty Administrative Review,’’ dated
November 19, 2019.
3 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
4 For a complete description of the scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review: Certain Activated Carbon
from the People’s Republic of China; 2018–2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 Jacobi Carbons AB and its affiliates, Tianjin
Jacobi International Trading Co. Ltd., and Jacobi
Carbons Industry (Tianjin) Co. Ltd. (collectively,
Jacobi).
6 See Preliminary Decision Memorandum at 8.
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23947
certifications submitted by Ningxia
Guanghua Cherishmet Activated Carbon
Co., Ltd., Jilin Bright Future Chemicals
Co., Ltd., Shanxi Dapu International
Trade Co., Ltd., and Tianjin Channel
Filters Co., Ltd., Commerce
preliminarily determines that these
companies had no shipments of subject
merchandise during the POR. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum.
Consistent with our practice in nonmarket economy (NME) cases, we are
not rescinding this review but instead
intend to complete the review with
respect to these four companies, for
which we have preliminarily found no
shipments, and issue appropriate
instructions to CBP based on the final
results of the review.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export prices
and constructed export prices in
accordance with section 772 of the Act.
Because China is an NME country
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
Commerce preliminarily finds that 63
companies for which a review was
requested 8 did not establish eligibility
for a separate rate because they failed to
provide either a separate rate
application or separate rate certification.
As such, we preliminarily determine
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME
Practice).
8 See Appendix II of this notice for a full list of
the 63 companies.
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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Notices
that these 63 companies are part of the
China-wide entity.9
For those companies that have
established their eligibility for a
separate rate,10 Commerce preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weighted-average
dumping margin
(U.S. dollars per
kilogram) 11
Exporter
Beijing Pacific Activated Carbon Products Co., Ltd ......................................................................................................................
Carbon Activated Tianjin Co., Ltd .................................................................................................................................................
Datong Juqiang Activated Carbon Co., Ltd ...................................................................................................................................
Jacobi Carbons AB 12 ....................................................................................................................................................................
Ningxia Huahui Activated Carbon Co., Ltd ...................................................................................................................................
Ningxia Mineral & Chemical Limited .............................................................................................................................................
Shanxi Sincere Industrial Co., Ltd .................................................................................................................................................
Shanxi Tianxi Purification Filter Co., Ltd .......................................................................................................................................
Datong Municipal Yunguang Activated Carbon Co., Ltd ..............................................................................................................
Shanxi Industry Technology Trading Co., Ltd ...............................................................................................................................
Tancarb Activated Carbon Co., Ltd ...............................................................................................................................................
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results to the parties no
later than five days after the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Pursuant to 19
CFR 351.309(c)(ii), interested parties
may submit case briefs no later than 30
days after the date of publication of
these preliminary results of review.
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the case briefs are
filed.14 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until May 19, 2020, unless
extended.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs.16 If a request for
a hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.17 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
All submissions to Commerce must be
filed electronically using ACCESS 18
and must also be served on interested
parties.19 An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time (ET) on the date that the
document is due.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
9 Because no interested party requested a review
of the China-wide entity and Commerce no longer
considers the China-wide entity as an exporter
conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity.
Thus, the rate for the China-wide entity is not
subject to change as a result of this review. See
Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013). The
China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated
Carbon from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 70163 (November 25,
2014).
10 See Preliminary Decision Memorandum.
11 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).
12 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 Decision
Memorandum.
13 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Calculation of
the Margin for Respondents Not Selected for
Individual Examination,’’ dated concurrently with
this notice; see also Preliminary Decision
Memorandum.
14 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006 (March 26, 2020)
(Temporary Rule) (‘‘To provide adequate time for
release of case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications are in effect)’’).
15 See Temporary Rule.
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
18 See 19 CFR 351.303.
19 See 19 CFR 351.303(f).
20 See 19 CFR 351.212(b)(1).
For the respondents that were not
selected for individual examination in
this administrative review but qualified
for a separate rate, we have assigned to
them the weighted-average margin
calculated based on the publicly
available ranged U.S. sales quantities of
the mandatory respondents consistent
with section 735(c)(5)(A) of the Act.13
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Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.20 Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. For any
individually examined respondent
whose (estimated) ad valorem weightedaverage dumping margin is not zero or
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de minimis (i.e., less than 0.50 percent)
in the final results of this review,
Commerce will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales and the total quantity of those
sales, in accordance with 19 CFR
351.212(b)(1).21 Commerce will also
calculate (estimated) 22 ad valorem
importer-specific assessment rates with
which to assess whether the per-unit
assessment rate is de minimis.23 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific ad valorem assessment rate
calculated in the final results of this
review is not zero or de minimis. Where
either the respondent’s ad valorem
weighted-average dumping margin is
zero or de minimis, or an importerspecific ad valorem assessment rate is
zero or de minimis,24 we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For the respondents that were not
selected for individual examination in
this administrative review but qualified
for a separate rate, the assessment rate
will be the margin established for these
companies in the final results of this
review.
For the final results, if we continue to
treat the 63 companies, identified at
21 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
22 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 (November 17,
2010), and accompanying Issues and Decision
Memorandum at Comment 3. In the second
administrative review of this proceeding, we
analyzed the difference between reported entered
values and estimated customs values. In that
segment, we found substantial differences between
the estimated customs values for entries of certain
activated carbon and the entered values reported to
CBP. We determined that the entered values of
constructed export price sales were being
systematically understated, which we also
determined would result in the under-collection of
antidumping duties by CBP. Accordingly, we made
a determination to switch to per-unit assessment
and cash deposit rates in that and subsequent
reviews.
23 For calculated (estimated) ad valorem
importer-specific assessment rates used in
determining whether the per-unit assessment rate is
de minimis, see Memoranda, ‘‘Preliminary Results
Margin Calculation for Datong Juqiang Activated
Carbon Co., Ltd.,’’ and ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
the People’s Republic of China: Preliminary Results
Calculation Memorandum for Carbon Activated,’’
both dated concurrently with this notice, and
attached Margin Calculation Program Logs and
Outputs.
24 See 19 CFR 351.106(c)(2).
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Appendix II to this notice, as part of the
China-wide entity, we will instruct CBP
to apply a per-unit assessment rate of
$2.42 per kilogram to all entries of
subject merchandise during the POR
which were produced and/or exported
by those companies.25
For entries that were not reported in
the U.S. sales data submitted by
companies individually examined
during this review, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.26
Additionally, if Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s cash deposit rate) will
be liquidated at the rate for the Chinawide entity.27
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, as applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For each
specific company listed in the final
results of this review, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except
that if the ad valorem rate is de minimis,
then the cash deposit rate will be zero);
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the existing exporterspecific cash deposit rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity; and (4) for all nonChinese 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 that supplied that non25 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).
26 See NME Practice, for a full discussion.
27 Id.
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23949
Chinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: April 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a
Separate Rate and Treated as Part of the
China-Wide Entity
1. AM Global Shipping Lines Co., Ltd.
2. Apex Maritime (Tianjin) Co., Ltd.
3. Beijing Kang Jie Kong International Cargo
Agent Co Ltd.
4. Bengbu Modern Environmental Co., Ltd.
5. Brilliant Logistics Group Inc.
6. China Combi Works Oy Ltd
7. China International Freight Co., Ltd.
8. Cohesion Freight (HK) Ltd.
9. Datong Municipal Yunguang
10. De Well Container Shipping Corp.
11. Derun Charcoal Carbon Co., Ltd.
12. Endurance Cargo Management Co., Ltd.
13. Envitek (China) Ltd.
14. Excel Shipping Co., Ltd.
15. Fujian Xinsen Carbon Co., Ltd.
16. Fuzhou Yihuan Carbon Co., Ltd.
17. Fuzhou Yuemengfeng Trade Co., Ltd.
18. Gongyi City Bei Shan Kou Water
Purification Materials Factory
19. Guangdong Hanyan Activated Carbon
Manufacturing Co., Ltd.
20. Guangzhou Four E’S Scientific Co., Ltd.
21. Hangzhou Hengxing Activated Carbon
22. Henan Dailygreen Trading Co., Ltd.
23. Honour Lane Shipping Ltd.
24. Ingevity Corp.
25. Ingevity Performance Materials
26. Jiangsu Kejing Carbon Fiber Co., Ltd.
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27. Jiangxi Yuanli Huaiyushan Active Carbon
28. Jilin Bright Future Chemicals Co.
29. King Freight International Corp.
30. M Chemical Company, Inc.
31. Meadwestvaco Trading (Shanghai)
32. Muk Chi Trade Co., Ltd.
33. Nanping Yuanli Active Carbon Co.
34. Pacific Star Express (China) Company
Ltd.
35. Panalpina World Transport (Prc) Ltd.
36. Pingdingshan Green Forest Activated
Carbon Factory
37. Pingdingshan Lvlin Activated Carbon Co.,
Ltd.
38. Pudong Prime International Logistics
39. Safround Logistics Co.
40. Seatrade International Transportation
41. Shanghai Caleb Industrial Co. Ltd.
42. Shanghai Express Global International
43. Shanghai Line Feng Int’l Transportation
44. Shanghai Pudong International
Transportation
45. Shanghai Sunson Activated Carbon
46. Shanghai Xinjinhu Activated Carbon
47. Shanxi DMD Corp.
48. Shanxi Industry Technology Trading
(ITT)
49. Shanxi Tianxi Purification Filter
50. Shenzhen Calux Purification
51. Shijiazhuang Tangju Trading Co.
52. Sinoacarbon International Trading Co.,
Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tancarb Activated Carbon Co.
55. The Ultimate Solid Logistics Ltd
56. Tianjin Maijin Industries Co., Ltd
57. Translink Shipping Inc.
58. Trans-Power International Logistics Co.,
Ltd.
59. Triple Eagle Container Line
60. U.S. United Logistics (Ningbo) Inc.
61. Yusen Logistics Co., Ltd.
62. Zhejiang Topc Chemical Industry
63. Zhengzhou Zhulin Activated Carbon
[FR Doc. 2020–09222 Filed 4–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA148]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting via
webinar.
AGENCY:
The New England Fishery
Management Council’s is convening an
ad-hoc sub-panel of its Scientific and
Statistical Committee (SSC) to conduct
a peer review of an interdisciplinary
review of Atlantic Cod stock structure in
the Western North Atlantic Ocean via
webinar to consider actions affecting
New England fisheries in the exclusive
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economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
Dated: April 27, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
This webinar will be held for
three days beginning on Monday, May
18, 2020 through Wednesday, May 20,
2020 and will begin each day at 9
a.m.Webinar registration URL
information: https://
attendee.gotowebinar.com/rt/
6183591128820865293. Call in
information: Phone: +1 (415) 655–0052;
Access Code: 805–785–106
[FR Doc. 2020–09228 Filed 4–29–20; 8:45 am]
DATES:
The meeting will be held
via webinar.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
An ad-hoc peer review subpanel
Scientific and Statistical Committee
(SSC) will meet via webinar to review
An Interdisciplinary Review of Atlantic
Cod (Gadus morhua) Stock Structure in
the Western North Atlantic Ocean
prepared by the Atlantic Cod Stock
Structure Working Group organized
specifically to complete this report.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: Authority: 16 U.S.C. 1801 et
seq.
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Conflict of Interest
Disclosure for Non-Federal
Government Individuals Who Are
Candidates To Conduct Peer Reviews
Required by the OMB Peer Review
Bulletin
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995.
DATES: To ensure consideration, written
or on-line comments must be submitted
on or before June 29, 2020.
ADDRESSES: Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or via the internet
at PRAcomments@doc.gov). All
comments received are part of the
public record. Comments will generally
be posted without change. All
Personally Identifiable Information (for
example, name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jeffrey Dillen, NOAA OGC,
14th & Constitution Avenue NW,
Herbert C Hoover Bldg., Rm 78032,
Washington, DC 20230–0001,
Jeff.dillen@noaa.gov or by telephone at
(301) 713–7382.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for extension of a
currently approved collection.
E:\FR\FM\30APN1.SGM
30APN1
]]>Agencies
[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Notices]
[Pages 23947-23950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09222]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, Intent
To Rescind the Review, in Part, and Preliminary Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Datong
Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), exporters of
certain activated carbon from the People's Republic of China (China),
sold subject merchandise in the United States at prices below normal
value (NV) during the period of review (POR) April 1, 2018 through
March 31, 2019. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable April 30, 2020.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or George Ayache, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-2623,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Commerce published the notice of initiation of this administrative
review on June 13, 2019.\1\ On November 19, 2019, Commerce extended the
preliminary results deadline until April 29, 2020.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation
Notice).
\2\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Twelfth Antidumping Duty Administrative Review,'' dated November
19, 2019.
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Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
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The merchandise subject to the order is certain activated carbon.
The products are currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 3802.10.00. Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the scope of the order remains
dispositive.\4\
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\4\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Activated Carbon
from the People's Republic of China; 2018-2019,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Intent To Rescind Administrative Review, in Part
In the Initiation Notice, we included Jacobi Carbons, Inc. among
the companies for which a review was requested. Commerce has previously
determined that Jacobi Carbons, Inc. is a U.S. shareholder of
Jacobi,\5\ and the record of this review supports that determination.
Therefore, we intend to rescind the review with respect to Jacobi
Carbons, Inc.\6\
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\5\ Jacobi Carbons AB and its affiliates, Tianjin Jacobi
International Trading Co. Ltd., and Jacobi Carbons Industry
(Tianjin) Co. Ltd. (collectively, Jacobi).
\6\ See Preliminary Decision Memorandum at 8.
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, and the no shipment certifications submitted by Ningxia
Guanghua Cherishmet Activated Carbon Co., Ltd., Jilin Bright Future
Chemicals Co., Ltd., Shanxi Dapu International Trade Co., Ltd., and
Tianjin Channel Filters Co., Ltd., Commerce preliminarily determines
that these companies had no shipments of subject merchandise during the
POR. For additional information regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review but instead intend to complete the
review with respect to these four companies, for which we have
preliminarily found no shipments, and issue appropriate instructions to
CBP based on the final results of the review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Practice).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because China
is an NME country within the meaning of section 771(18) of the Act, NV
has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum is available at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
Commerce preliminarily finds that 63 companies for which a review
was requested \8\ did not establish eligibility for a separate rate
because they failed to provide either a separate rate application or
separate rate certification. As such, we preliminarily determine
[[Page 23948]]
that these 63 companies are part of the China-wide entity.\9\
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\8\ See Appendix II of this notice for a full list of the 63
companies.
\9\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity
as an exporter conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity. Thus, the rate
for the China-wide entity is not subject to change as a result of
this review. See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013). The China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated Carbon from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 70163 (November 25, 2014).
---------------------------------------------------------------------------
For those companies that have established their eligibility for a
separate rate,\10\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\10\ See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-average
dumping margin
Exporter (U.S. dollars per
kilogram) \11\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd... 0.49
Carbon Activated Tianjin Co., Ltd.................... 1.66
Datong Juqiang Activated Carbon Co., Ltd............. 0.22
Jacobi Carbons AB \12\............................... 0.49
Ningxia Huahui Activated Carbon Co., Ltd............. 0.49
Ningxia Mineral & Chemical Limited................... 0.49
Shanxi Sincere Industrial Co., Ltd................... 0.49
Shanxi Tianxi Purification Filter Co., Ltd........... 0.49
Datong Municipal Yunguang Activated Carbon Co., Ltd.. 0.49
Shanxi Industry Technology Trading Co., Ltd.......... 0.49
Tancarb Activated Carbon Co., Ltd.................... 0.49
------------------------------------------------------------------------
For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, we have assigned to them the weighted-average margin calculated
based on the publicly available ranged U.S. sales quantities of the
mandatory respondents consistent with section 735(c)(5)(A) of the
Act.\13\
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\11\ 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).
\12\ 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 Decision Memorandum.
\13\ See Memorandum, ``Certain Activated Carbon from the
People's Republic of China: Calculation of the Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with this notice; see also Preliminary Decision
Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties no later than five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c)(ii), interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review. Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the case briefs are filed.\14\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until May 19, 2020, unless
extended.\15\
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\14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (Temporary Rule) (``To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications are in effect)'').
\15\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\16\ If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a date and time to be
determined.\17\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed electronically using
ACCESS \18\ and must also be served on interested parties.\19\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due.
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\18\ See 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\20\ Commerce intends to issue assessment instructions
to CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose (estimated) ad
valorem weighted-average dumping margin is not zero or
[[Page 23949]]
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\21\ Commerce will also calculate
(estimated) \22\ ad valorem importer-specific assessment rates with
which to assess whether the per-unit assessment rate is de minimis.\23\
We will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific ad valorem
assessment rate calculated in the final results of this review is not
zero or de minimis. Where either the respondent's ad valorem weighted-
average dumping margin is zero or de minimis, or an importer-specific
ad valorem assessment rate is zero or de minimis,\24\ we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
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\20\ See 19 CFR 351.212(b)(1).
\21\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\22\ 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 (November 17, 2010), and
accompanying Issues and Decision Memorandum at Comment 3. In the
second administrative review of this proceeding, we analyzed the
difference between reported entered values and estimated customs
values. In that segment, we found substantial differences between
the estimated customs values for entries of certain activated carbon
and the entered values reported to CBP. We determined that the
entered values of constructed export price sales were being
systematically understated, which we also determined would result in
the under-collection of antidumping duties by CBP. Accordingly, we
made a determination to switch to per-unit assessment and cash
deposit rates in that and subsequent reviews.
\23\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rate is de minimis, see Memoranda, ``Preliminary Results Margin
Calculation for Datong Juqiang Activated Carbon Co., Ltd.,'' and
``Antidumping Duty Administrative Review of Certain Activated Carbon
the People's Republic of China: Preliminary Results Calculation
Memorandum for Carbon Activated,'' both dated concurrently with this
notice, and attached Margin Calculation Program Logs and Outputs.
\24\ See 19 CFR 351.106(c)(2).
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, the assessment rate will be the margin established for these
companies in the final results of this review.
For the final results, if we continue to treat the 63 companies,
identified at Appendix II to this notice, as part of the China-wide
entity, we will instruct CBP to apply a per-unit assessment rate of
$2.42 per kilogram to all entries of subject merchandise during the POR
which were produced and/or exported by those companies.\25\
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\25\ 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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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\26\ Additionally, if Commerce determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's cash deposit rate) will be liquidated at the rate for the
China-wide entity.\27\
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\26\ See NME Practice, for a full discussion.
\27\ Id.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, as applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For each specific
company listed in the final results of this review, the cash deposit
rate will be equal to the weighted-average dumping margin established
in the final results of this review (except that if the ad valorem rate
is de minimis, then the cash deposit rate will be zero); (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the existing exporter-specific cash deposit rate; (3)
for all Chinese exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the rate for the China-wide entity; and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: April 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a Separate Rate and Treated as
Part of the China-Wide Entity
1. AM Global Shipping Lines Co., Ltd.
2. Apex Maritime (Tianjin) Co., Ltd.
3. Beijing Kang Jie Kong International Cargo Agent Co Ltd.
4. Bengbu Modern Environmental Co., Ltd.
5. Brilliant Logistics Group Inc.
6. China Combi Works Oy Ltd
7. China International Freight Co., Ltd.
8. Cohesion Freight (HK) Ltd.
9. Datong Municipal Yunguang
10. De Well Container Shipping Corp.
11. Derun Charcoal Carbon Co., Ltd.
12. Endurance Cargo Management Co., Ltd.
13. Envitek (China) Ltd.
14. Excel Shipping Co., Ltd.
15. Fujian Xinsen Carbon Co., Ltd.
16. Fuzhou Yihuan Carbon Co., Ltd.
17. Fuzhou Yuemengfeng Trade Co., Ltd.
18. Gongyi City Bei Shan Kou Water Purification Materials Factory
19. Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd.
20. Guangzhou Four E'S Scientific Co., Ltd.
21. Hangzhou Hengxing Activated Carbon
22. Henan Dailygreen Trading Co., Ltd.
23. Honour Lane Shipping Ltd.
24. Ingevity Corp.
25. Ingevity Performance Materials
26. Jiangsu Kejing Carbon Fiber Co., Ltd.
[[Page 23950]]
27. Jiangxi Yuanli Huaiyushan Active Carbon
28. Jilin Bright Future Chemicals Co.
29. King Freight International Corp.
30. M Chemical Company, Inc.
31. Meadwestvaco Trading (Shanghai)
32. Muk Chi Trade Co., Ltd.
33. Nanping Yuanli Active Carbon Co.
34. Pacific Star Express (China) Company Ltd.
35. Panalpina World Transport (Prc) Ltd.
36. Pingdingshan Green Forest Activated Carbon Factory
37. Pingdingshan Lvlin Activated Carbon Co., Ltd.
38. Pudong Prime International Logistics
39. Safround Logistics Co.
40. Seatrade International Transportation
41. Shanghai Caleb Industrial Co. Ltd.
42. Shanghai Express Global International
43. Shanghai Line Feng Int'l Transportation
44. Shanghai Pudong International Transportation
45. Shanghai Sunson Activated Carbon
46. Shanghai Xinjinhu Activated Carbon
47. Shanxi DMD Corp.
48. Shanxi Industry Technology Trading (ITT)
49. Shanxi Tianxi Purification Filter
50. Shenzhen Calux Purification
51. Shijiazhuang Tangju Trading Co.
52. Sinoacarbon International Trading Co., Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tancarb Activated Carbon Co.
55. The Ultimate Solid Logistics Ltd
56. Tianjin Maijin Industries Co., Ltd
57. Translink Shipping Inc.
58. Trans-Power International Logistics Co., Ltd.
59. Triple Eagle Container Line
60. U.S. United Logistics (Ningbo) Inc.
61. Yusen Logistics Co., Ltd.
62. Zhejiang Topc Chemical Industry
63. Zhengzhou Zhulin Activated Carbon
[FR Doc. 2020-09222 Filed 4-29-20; 8:45 am]
BILLING CODE 3510-DS-P
