Certain Activated Carbon From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 58874-58875 [2021-23129]

Download as PDF 58874 Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return 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 This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: October 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. jspears on DSK121TN23PROD with NOTICES1 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. Whether to Apply Partial Facts Available or Partial Adverse Facts Available Comment 2. Whether Certain Sales by Risen are Constructed Export Price (CEP) Sales Comment 3. Whether Commerce Made Ministerial Errors Comment 4. Whether Commerce Should Grant a Double Remedy Offset Comment 5. Chint Solar’s Name Comment 6. The Correct Assessment Rate for Entries of Trina’s Subject Merchandise Comment 7. The Appropriate Surrogate Value for Silver Paste Comment 8. The Appropriate Surrogate Value for Marine Insurance Comment 9. The Appropriate Surrogate Value for Air Freight Comment 10. The Appropriate Surrogate Value for Ocean Freight Comment 11. The Appropriate Surrogate Value for Solar Glass Comment 12. The Appropriate Surrogate Value for Ethylene Vinyl Acetate (EVA) Sheet Comment 13. The Appropriate Surrogate Value for Backsheet Comment 14. The Appropriate Surrogate Financial Statements VI. Recommendation [FR Doc. 2021–23181 Filed 10–22–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:00 Oct 22, 2021 Jkt 256001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–904] Certain Activated Carbon From the People’s Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2021, the Department of Commerce (Commerce) published the initiation and preliminary results of a changed circumstances review (CCR) of the antidumping duty (AD) order on certain activated carbon (activated carbon) from the People’s Republic of China (China). For these final results, Commerce continues to find that Jacobi Carbons AB (Jacobi AB) and its affiliates, Tianjin Jacobi International Trading Co. Ltd. (Tianjin Jacobi) and Jacobi Carbons Industry (Tianjin) Co. Ltd. (JCC) (collectively, Jacobi), should be collapsed with its new wholly-owned Chinese affiliate, Jacobi Adsorbent Materials (JAM), and the single entity, inclusive of JAM, should be assigned the same AD cash deposit rate assigned to Jacobi for purposes of determining AD liability in this proceeding. DATES: Applicable October 25, 2021. FOR FURTHER INFORMATION CONTACT: 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) 482–0339. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 7, 2021, Commerce published the Initiation and Preliminary Results,1 finding that Jacobi should be collapsed with JAM, and the Jacobi single entity, inclusive of JAM, should be assigned the same AD cash deposit rate assigned to Jacobi for purposes of determining AD liability in this proceeding.2 In the Initiation and Preliminary Results, we provided all interested parties with an opportunity to comment and request a public hearing regarding our preliminary finding.3 We 1 See Certain Activated Carbon from the People’s Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 86 FR 50050 (September 7, 2021) (Initiation and Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Initiation and Preliminary Results, 86 FR at 50051. 3 Id. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 received no comments or requests for a public hearing from interested parties. Scope of the Order 4 The merchandise covered by the scope of the Order is activated carbon. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Final Results of Changed Circumstances Review For the reasons stated in the Initiation and Preliminary Results, and because we received no comments from interested parties to the contrary, Commerce continues to find that Jacobi should be collapsed with JAM, and that the Jacobi single entity, inclusive of JAM, should be assigned the same AD cash deposit rate assigned to Jacobi for purposes of determining AD liability in this proceeding.5 As a result of this determination and consistent with established practice, we find that JAM should receive the cash deposit rate previously assigned to Jacobi in the most recently completed review of the Order. The cash deposit rate assigned to Jacobi in the most recently completed review was $0.65 per kilogram.6 Consequently, Commerce will instruct U.S. Customs and Border Protection to suspend liquidation of all shipments of subject merchandise exported by JAM and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at $0.65 per kilogram, which is the current AD cash deposit rate for Jacobi. This cash deposit requirement shall remain in effect until further notice. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. 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 Initiation and Preliminary Results, 86 FR at 50051. 6 See Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Final Rescission of Administrative Review, in Part; 2018–2019, 86 FR 10539 (February 22, 2021). E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices Notification to Interested Parties We are issuing this determination and publishing these final results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 351.221(c)(3). Dated: October 18, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–23129 Filed 10–22–21; 8:45 am] BILLING CODE 3510–DS–P Scope Comments On May 26, 2021, we issued a Preliminary Scope Decision Memorandum.3 The scope case briefs were due on July 9, 2021.4 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. DEPARTMENT OF COMMERCE International Trade Administration [A–560–838] Polyester Textured Yarn From Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that polyester textured yarn from Indonesia is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through September 30, 2020. DATES: Applicable October 25, 2021. FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1398 or (202) 482–0697, respectively. AGENCY: SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with NOTICES1 Background On June 3, 2021, Commerce published in the Federal Register its Preliminary Determination of sales of polyester textured yarn from Indonesia at LTFV.1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary 1 See Polyester Textured Yarn from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 29742 (June 3, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). VerDate Sep<11>2014 18:00 Oct 22, 2021 Jkt 256001 Determination, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is polyester textured yarn from Indonesia. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).5 2 See Memorandum, ‘‘Polyester Textured Yarn from Indonesia: Issues and Decision Memorandum for the Final Affirmative Determination of Sales at Less Than Fair Value Investigation,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam: Preliminary Scope Decision Memorandum,’’ dated May 26, 2021 (Preliminary Scope Decision Memorandum). 4 The scope case briefs were due ‘‘no later than 15 days after the responses to the scope supplemental questionnaires on intermingled textured yarn are filed.’’ Id. at 3. The last scope supplemental response was submitted on June 24, 2021. See Recron (Malaysia) Sdn. Bhd.’s Letter, ‘‘Scope Supplemental Questionnaire Response,’’ dated June 24, 2021. 5 See Commerce’s Letters, ’’ Revised In Lieu of Verification Questionnaire for PT. Asia Pacific Fibers Tbk in the Antidumping Duty Investigation of Polyester Textured Yarn from Indonesia,’’ dated August 4, 2021; and ‘‘Revised in Lieu of Verification Questionnaire for PT. Mutu Gading Tekstil in the Antidumping Duty Investigation of Polyester Textured Yarn from Indonesia,’’ dated PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 58875 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes From the Preliminary Determination Based on our analysis of the comments received from interested parties, we made certain changes to the dumping margin calculations for PT. Asia Pacific Fibers Tbk (Asia Pacific), PT. Mutu Gading Tekstil (Mutu Gading), and the All-Others rate. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Facts Available and Adverse Facts Available We find that the use of facts available is warranted in determining the rate for mandatory respondent PT. Polyfin Canggih (Polyfin), pursuant to sections 776(a)(1) and (2)(A)–(C) of the Act, and the rate for mandatory respondent Asia Pacific, pursuant to sections 776(a)(1) and (2)(A)–(D) of the Act.6 Further, use of adverse facts available is warranted with respect to Polyfin and Asia Pacific because these two mandatory respondents did not cooperate to the best of their ability to comply with our requests for information and, accordingly, we applied adverse inferences in selecting from the facts available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Mutu Gading but is using an August 4, 2021; see also PT. Asia Pacific Fibers Tbk’s Letter, ‘‘Polyester Textured Yarn from Indonesia: Submission of Response to the Revised Questionnaire in Lieu of Verification,’’ dated August 13, 2021; and PT. Mutu Gading Tekstil’s Letter, ‘‘Polyester Textured Yarn from Indonesia: Submission of Response to Revised in Lieu of Verification Questionnaire,’’ dated August 13, 2021. 6 See Issues and Decision Memorandum at ‘‘Use of Adverse Facts Available.’’ E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58874-58875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23129]


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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 Final Results of Antidumping Duty Changed Circumstances 
Review

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

SUMMARY: On September 7, 2021, the Department of Commerce (Commerce) 
published the initiation and preliminary results of a changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
certain activated carbon (activated carbon) from the People's Republic 
of China (China). For these final results, Commerce continues to find 
that Jacobi Carbons AB (Jacobi AB) and its affiliates, Tianjin Jacobi 
International Trading Co. Ltd. (Tianjin Jacobi) and Jacobi Carbons 
Industry (Tianjin) Co. Ltd. (JCC) (collectively, Jacobi), should be 
collapsed with its new wholly-owned Chinese affiliate, Jacobi Adsorbent 
Materials (JAM), and the single entity, inclusive of JAM, should be 
assigned the same AD cash deposit rate assigned to Jacobi for purposes 
of determining AD liability in this proceeding.

DATES: Applicable October 25, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-0339.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2021, Commerce published the Initiation and 
Preliminary Results,\1\ finding that Jacobi should be collapsed with 
JAM, and the Jacobi single entity, inclusive of JAM, should be assigned 
the same AD cash deposit rate assigned to Jacobi for purposes of 
determining AD liability in this proceeding.\2\ In the Initiation and 
Preliminary Results, we provided all interested parties with an 
opportunity to comment and request a public hearing regarding our 
preliminary finding.\3\ We received no comments or requests for a 
public hearing from interested parties.
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    \1\ See Certain Activated Carbon from the People's Republic of 
China: Notice of Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review, 86 FR 50050 (September 7, 2021) 
(Initiation and Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Initiation and Preliminary Results, 86 FR at 50051.
    \3\ Id.
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Scope of the Order 4
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    \4\ 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 covered by the scope of the Order is activated 
carbon. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Final Results of Changed Circumstances Review

    For the reasons stated in the Initiation and Preliminary Results, 
and because we received no comments from interested parties to the 
contrary, Commerce continues to find that Jacobi should be collapsed 
with JAM, and that the Jacobi single entity, inclusive of JAM, should 
be assigned the same AD cash deposit rate assigned to Jacobi for 
purposes of determining AD liability in this proceeding.\5\ As a result 
of this determination and consistent with established practice, we find 
that JAM should receive the cash deposit rate previously assigned to 
Jacobi in the most recently completed review of the Order. The cash 
deposit rate assigned to Jacobi in the most recently completed review 
was $0.65 per kilogram.\6\ Consequently, Commerce will instruct U.S. 
Customs and Border Protection to suspend liquidation of all shipments 
of subject merchandise exported by JAM and entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
notice in the Federal Register at $0.65 per kilogram, which is the 
current AD cash deposit rate for Jacobi. This cash deposit requirement 
shall remain in effect until further notice.
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    \5\ See Initiation and Preliminary Results, 86 FR at 50051.
    \6\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Rescission of 
Administrative Review, in Part; 2018-2019, 86 FR 10539 (February 22, 
2021).
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

[[Page 58875]]

Notification to Interested Parties

    We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 
351.221(c)(3).

    Dated: October 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-23129 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P