Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 27559-27560 [2021-10746]

Download as PDF Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices Dated: May 18, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–10779 Filed 5–20–21; 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: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2021, the Court of International Trade (CIT) issued its final judgment in Calgon Carbon Corporation et al. v. United States, Consol. Court No. 18–00232, sustaining the Department of Commerce’s (Commerce’s) second remand results pertaining to the tenth administrative review of the antidumping duty (AD) order on certain activated carbon from the People’s Republic of China (China) covering the period of April 1, 2016, through March 31, 2017. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (GHC). DATES: Applicable May 21, 2021. FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES AGENCY: Background On October 22, 2018, Commerce published its Final Results in the 2016– 2017 AD administrative review of certain activated carbon from China.1 Commerce calculated a weightedaverage dumping margin of 0.00 U.S. dollars (USD)/kilogram (kg) for Datong 1 See Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 53214 (October 22, 2018) (Final Results). VerDate Sep<11>2014 17:15 May 20, 2021 Jkt 253001 Juqiang Activated Carbon Co., Ltd. (Datong Juqiang) and a weighted-average dumping margin of 0.45 USD/kg for Carbon Activated, and assigned GHC a separate rate of 0.45 USD/kg.2 After correcting ministerial errors contained in the Final Results, on November 19, 2018, Commerce published the Amended Final Results. Commerce calculated a weightedaverage dumping margin of 0.00 USD/kg for Datong Juqiang and a weightedaverage dumping margin of 0.23 USD/kg for Carbon Activated, and assigned GHC a separate rate of 0.23 USD/kg.3 Carbon Activated, Datong Juqiang, and GHC (collectively, the Respondents) appealed Commerce’s Final Results/ Amended Final Results. On May 13, 2020, the CIT remanded the Final Results/Amended Final Results to Commerce, and directed Commerce to reconsider Commerce’s determination to include the imports from France and Japan in the Thai import data used to value the mandatory respondents’ (i.e., Carbon Activated and Datong Juqiang) carbonized material input, and also to reconsider Commerce’s adjustments to the surrogate financial ratios.4 In its first remand redetermination, issued in August 2020, Commerce (1) reconsidered and further explained Commerce’s determination to include the French and Japanese import data in the Thai import data used to value carbonized material in the Final Results; and (2) reconsidered and further explained Commerce’s allocation of certain line items in valuing financial ratios using the 2016 financial statements from the Romanian company, Romcarbon SA (Romcarbon).5 Specifically, Commerce excluded the imports from Japan from the Thai import data and continued to include the imports from France. In addition, Commerce made necessary changes in the allocation of certain line items in calculating the financial ratios using the 2016 financial statements from Romcarbon. Accordingly, Commerce made changes to the margin calculations for the mandatory respondents and revised the separate rate for GHC.6 On December 21, 2020, the CIT remanded 2 Id. 3 See Certain Activated Carbon from the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 58229 (November 19, 2018) (Amended Final Results). 4 See Calgon Carbon Corporation et al. v. United States, 443 F. Supp. 3d. 1334 (CIT 2020). 5 See Final Results of Redetermination Pursuant to Court Remand, Calgon Carbon Corporation et al. v. United States, Consol. Court No. 18–00232, Slip Op. 20–65, dated August 4, 2020, available at https://enforcement.trade.gov/remands/20-65.pdf. 6 Id. at 1–3, 23–25. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 27559 for a second time, and directed Commerce to again reconsider Commerce’s inclusion of the imports from France in the Thai surrogate value for carbonized material.7 In its second remand redetermination, issued in March 2021, Commerce reconsidered its determination to include the imports from France in the Thai import data used to value carbonized material and, under protest, excluded the imports from France from the Thai surrogate value for carbonized material. Accordingly, Commerce made necessary changes to the margin calculations for the mandatory respondents and revised the separate rate for GHC.8 The CIT sustained Commerce’s final redetermination.9 Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(a) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 11, 2021 judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results/Amended Final Results. Thus, this notice is published in fulfillment of the publication requirement of Timken. Amended Final Results Because there is now a final court decision, Commerce amends the Final Results and Amended Final Results with respect to Carbon Activated and GHC as follows: 12 7 See Calgon Carbon Corporation et al. v. United States, 487 F. Supp. 3d 1359 (CIT 2020). 8 See Final Results of Redetermination Pursuant to Court Remand, Calgon Carbon Corporation et al. v. United States, Consol. Court No. 18–00232, Slip Op. 20–187, dated March 16, 2021, available at https://enforcement.trade.gov/remands/20-187.pdf (Second Final Results of Redetermination) at 1–2, 18–19. Commerce notes that although Datong Juqiang participated in the litigation, in the Second Final Results of Redetermination, subsequently sustained by the CIT, Datong Juqiang’s rate remained unchanged from the Amended Final Results at 0.00 USD/kg. 9 See Calgon Carbon Corporation et al. v. United States, Consol. Court No. 18–00232, Slip Op. 21– 58 (CIT May 11, 2021). 10 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 11 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 12 Commerce notes that Datong Juqiang’s rate remains unchanged from the Amended Final Results at 0.00 USD/kg. E:\FR\FM\21MYN1.SGM 21MYN1 27560 Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices Exporters Weightedaverage dumping margin (USD/kg) 13 Dated: May 17, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–10746 Filed 5–20–21; 8:45 am] Carbon Activated Tianjin Co., Ltd ..................................... Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ...................... BILLING CODE 3510–DS–P 0.00 0.00 Cash Deposit Requirements Because Carbon Activated and GHC have superseding cash deposit rates, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: Were produced and exported by Carbon Activated, Datong Juqiang, or GHC, and were entered, or withdrawn from warehouse, for consumption during the period April 1, 2016, through March 31, 2017. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to liquidate without regard to antidumping duties unliquidated entries of subject merchandise produced and exported by Carbon Activated, Datong Juqiang, and GHC in accordance with 19 CFR 351.212(b).14 For all other enjoined entries of subject merchandise from companies other than those specified above, we will instruct CBP to assess antidumping duties on all appropriate entries consistent with the Final Results/Amended Final Results. jbell on DSKJLSW7X2PROD with NOTICES Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. 13 In the second administrative review, Commerce determined that it would calculate per-unit assessment and cash deposit rates for all future reviews. See Certain Activated Carbon from the People’s Republic of China: Final Results and Partial Rescission of Second Antidumping Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010); see also Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013–2014, 80 FR 61172 (October 9, 2015), at 61174 n.21. 14 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012); see also 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:15 May 20, 2021 Jkt 253001 DEPARTMENT OF COMMERCE Minority Business Development Agency Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; National Minority Business Awards The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on February 22, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: Minority Business Development Agency. Title: National Minority Business Awards. OMB Control Number: 0640–0025. Form Number(s): None. Type of Request: Revision of information collection. Number of Respondents: 250. Average Hours per Response: 1 hour. Burden Hours: 250. Needs and Uses: The information collected will be used to determine which minority business enterprises should receive honorary awards during the annual MED Week event. Use of the nomination form standardizes and limits the information collected and burden hours of the nomination process. Affected Public: Businesses or other for-profit organizations, not-for-profit institutions, State, local or tribal government and Federal government. Frequency: Annual. Respondent’s Obligation: Voluntary. Legal Authority: This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0640–0025. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2021–10702 Filed 5–20–21; 8:45 am] BILLING CODE 3510–21–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Science Advisory Board National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a meeting of the Science Advisory Board (SAB). The members will discuss issues outlined in the section on Matters to be considered. DATES: The meeting is scheduled for June 11, 2021 from 11:00 a.m. to 12:00 p.m. Eastern Daylight Time (EDT). This time and the agenda topics described below are subject to change. For the latest agenda please refer to the SAB website: http://sab.noaa.gov/ SABMeetings.aspx. ADDRESSES: This is a virtual meeting. The webinar registration links for the June 11, 2021 meeting may be found on the website at http://sab.noaa.gov/ SABMeetings.aspx. FOR FURTHER INFORMATION CONTACT: Dr. Cynthia Decker, Executive Director, SSMC3, Room 11230, 1315 East-West Hwy., Silver Spring, MD 20910; Phone Number: 301–734–1156; Email: Cynthia.Decker@noaa.gov; or visit the SAB website at http://sab.noaa.gov/ SABMeetings.aspx. SUPPLEMENTARY INFORMATION: The NOAA Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies SUMMARY: E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27559-27560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10746]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 11, 2021, the Court of International Trade (CIT) issued 
its final judgment in Calgon Carbon Corporation et al. v. United 
States, Consol. Court No. 18-00232, sustaining the Department of 
Commerce's (Commerce's) second remand results pertaining to the tenth 
administrative review of the antidumping duty (AD) order on certain 
activated carbon from the People's Republic of China (China) covering 
the period of April 1, 2016, through March 31, 2017. Commerce is 
notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margin assigned to Carbon Activated Tianjin Co., Ltd. (Carbon 
Activated) and Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
(GHC).

DATES: Applicable May 21, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0339.

SUPPLEMENTARY INFORMATION:

Background

    On October 22, 2018, Commerce published its Final Results in the 
2016-2017 AD administrative review of certain activated carbon from 
China.\1\ Commerce calculated a weighted-average dumping margin of 0.00 
U.S. dollars (USD)/kilogram (kg) for Datong Juqiang Activated Carbon 
Co., Ltd. (Datong Juqiang) and a weighted-average dumping margin of 
0.45 USD/kg for Carbon Activated, and assigned GHC a separate rate of 
0.45 USD/kg.\2\
---------------------------------------------------------------------------

    \1\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2016-2017, 83 FR 53214 (October 22, 2018) (Final Results).
    \2\ Id.
---------------------------------------------------------------------------

    After correcting ministerial errors contained in the Final Results, 
on November 19, 2018, Commerce published the Amended Final Results. 
Commerce calculated a weighted-average dumping margin of 0.00 USD/kg 
for Datong Juqiang and a weighted-average dumping margin of 0.23 USD/kg 
for Carbon Activated, and assigned GHC a separate rate of 0.23 USD/
kg.\3\
---------------------------------------------------------------------------

    \3\ See Certain Activated Carbon from the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative 
Review; 2016-2017, 83 FR 58229 (November 19, 2018) (Amended Final 
Results).
---------------------------------------------------------------------------

    Carbon Activated, Datong Juqiang, and GHC (collectively, the 
Respondents) appealed Commerce's Final Results/Amended Final Results. 
On May 13, 2020, the CIT remanded the Final Results/Amended Final 
Results to Commerce, and directed Commerce to reconsider Commerce's 
determination to include the imports from France and Japan in the Thai 
import data used to value the mandatory respondents' (i.e., Carbon 
Activated and Datong Juqiang) carbonized material input, and also to 
reconsider Commerce's adjustments to the surrogate financial ratios.\4\
---------------------------------------------------------------------------

    \4\ See Calgon Carbon Corporation et al. v. United States, 443 
F. Supp. 3d. 1334 (CIT 2020).
---------------------------------------------------------------------------

    In its first remand redetermination, issued in August 2020, 
Commerce (1) reconsidered and further explained Commerce's 
determination to include the French and Japanese import data in the 
Thai import data used to value carbonized material in the Final 
Results; and (2) reconsidered and further explained Commerce's 
allocation of certain line items in valuing financial ratios using the 
2016 financial statements from the Romanian company, Romcarbon SA 
(Romcarbon).\5\ Specifically, Commerce excluded the imports from Japan 
from the Thai import data and continued to include the imports from 
France. In addition, Commerce made necessary changes in the allocation 
of certain line items in calculating the financial ratios using the 
2016 financial statements from Romcarbon. Accordingly, Commerce made 
changes to the margin calculations for the mandatory respondents and 
revised the separate rate for GHC.\6\ On December 21, 2020, the CIT 
remanded for a second time, and directed Commerce to again reconsider 
Commerce's inclusion of the imports from France in the Thai surrogate 
value for carbonized material.\7\
---------------------------------------------------------------------------

    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Calgon Carbon Corporation et al. v. United States, Consol. 
Court No. 18-00232, Slip Op. 20-65, dated August 4, 2020, available 
at https://enforcement.trade.gov/remands/20-65.pdf.
    \6\ Id. at 1-3, 23-25.
    \7\ See Calgon Carbon Corporation et al. v. United States, 487 
F. Supp. 3d 1359 (CIT 2020).
---------------------------------------------------------------------------

    In its second remand redetermination, issued in March 2021, 
Commerce reconsidered its determination to include the imports from 
France in the Thai import data used to value carbonized material and, 
under protest, excluded the imports from France from the Thai surrogate 
value for carbonized material. Accordingly, Commerce made necessary 
changes to the margin calculations for the mandatory respondents and 
revised the separate rate for GHC.\8\ The CIT sustained Commerce's 
final redetermination.\9\
---------------------------------------------------------------------------

    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Calgon Carbon Corporation et al. v. United States, Consol. 
Court No. 18-00232, Slip Op. 20-187, dated March 16, 2021, available 
at https://enforcement.trade.gov/remands/20-187.pdf (Second Final 
Results of Redetermination) at 1-2, 18-19. Commerce notes that 
although Datong Juqiang participated in the litigation, in the 
Second Final Results of Redetermination, subsequently sustained by 
the CIT, Datong Juqiang's rate remained unchanged from the Amended 
Final Results at 0.00 USD/kg.
    \9\ See Calgon Carbon Corporation et al. v. United States, 
Consol. Court No. 18-00232, Slip Op. 21-58 (CIT May 11, 2021).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(a) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's May 11, 2021 judgment constitutes a final decision of the CIT 
that is not in harmony with Commerce's Final Results/Amended Final 
Results. Thus, this notice is published in fulfillment of the 
publication requirement of Timken.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, Commerce amends the 
Final Results and Amended Final Results with respect to Carbon 
Activated and GHC as follows: \12\
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    \12\ Commerce notes that Datong Juqiang's rate remains unchanged 
from the Amended Final Results at 0.00 USD/kg.

[[Page 27560]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                         dumping margin
                                                            (USD/kg) 13
 
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd.......................            0.00
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd...            0.00
------------------------------------------------------------------------

Cash Deposit Requirements
---------------------------------------------------------------------------

    \13\ In the second administrative review, Commerce determined 
that it would calculate per-unit assessment and cash deposit rates 
for all future reviews. See Certain Activated Carbon from the 
People's Republic of China: Final Results and Partial Rescission of 
Second Antidumping Duty Administrative Review, 75 FR 70208, 70211 
(November 17, 2010); see also Certain Activated Carbon from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 61172 (October 9, 2015), at 
61174 n.21.
---------------------------------------------------------------------------

    Because Carbon Activated and GHC have superseding cash deposit 
rates, i.e., there have been final results published in a subsequent 
administrative review, we will not issue revised cash deposit 
instructions to U.S. Customs and Border Protection (CBP). This notice 
will not affect the current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: Were produced and exported by Carbon 
Activated, Datong Juqiang, or GHC, and were entered, or withdrawn from 
warehouse, for consumption during the period April 1, 2016, through 
March 31, 2017. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to liquidate without regard to antidumping duties 
unliquidated entries of subject merchandise produced and exported by 
Carbon Activated, Datong Juqiang, and GHC in accordance with 19 CFR 
351.212(b).\14\ For all other enjoined entries of subject merchandise 
from companies other than those specified above, we will instruct CBP 
to assess antidumping duties on all appropriate entries consistent with 
the Final Results/Amended Final Results.
---------------------------------------------------------------------------

    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012); see 
also 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: May 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-10746 Filed 5-20-21; 8:45 am]
BILLING CODE 3510-DS-P