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, 60203-60205 [2021-23858]
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60203
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
Department contact
Antidumping Duty Proceedings
Carbon and Alloy Steel Cut-to-Length Plate from Austria A–433–812 (1st Review) .......................................
Carbon and Alloy Steel Cut-to-Length Plate from Belgium A–423–812 (1st Review) .....................................
Carbon and Alloy Steel Cut-to-Length Plate from Brazil A–351–847 (1st Review) .........................................
Carbon and Alloy Steel Cut-to-Length Plate from China A–570–047 (1st Review) .........................................
Carbon and Alloy Steel Cut-to-Length Plate from France A–427–828 (1st Review) .......................................
Carbon and Alloy Steel Cut-to-Length Plate from Germany A–428–844 (1st Review) ...................................
Carbon and Alloy Steel Cut-to-Length Plate from Korea A–580–887 (1st Review) ........................................
Carbon and Alloy Steel Cut-to-Length Plate from Italy A–475–834 (1st Review) ...........................................
Carbon and Alloy Steel Cut-to-Length Plate from Japan A–588–875 (1st Review) ........................................
Carbon and Alloy Steel Cut-to-Length Plate from South Africa A–791–822 (1st Review) ..............................
Carbon and Alloy Steel Cut-to-Length Plate from Taiwan A–583–858 (1st Review) ......................................
Carbon and Alloy Steel Cut-to-Length Plate from Turkey A–489–828 (1st Review) .......................................
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China A–570–958
(2nd Review).
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia A–560–
823 (2nd Review).
Heavy Forged Hand Tools, With or Without Handles from China A–570–803 (3rd Review) ..........................
Iron Construction Castings from Brazil A–351–503 (5th Review) ....................................................................
Iron Construction Castings from Canada A–122–503 (5th Review) ................................................................
Iron Construction Castings from China A–570–502 (5th Review) ....................................................................
Stainless Steel Plate in Coils from Belgium A–423–808 (4th Review) ............................................................
Stainless Steel Plate in Coils from South Africa A–791–805 (4th Review) .....................................................
Stainless Steel Plate in Coils from Taiwan A–583–830 (4th Review) ..............................................................
Countervailing Duty Proceedings
Carbon and Alloy Steel Cut-to-Length Plate from China C–570–858 (1st Review) ........................................
Carbon and Alloy Steel Cut-to-Length Plate from Korea C–580–888 (1st Review) ........................................
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China C–570–959
(2nd Review).
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia C–560–
824 (2nd Review).
Iron Construction Castings from Brazil C–351–504 (5th Review) ....................................................................
Stainless Steel Plate in Coils from South Africa C–791–806 (4th Review) .....................................................
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Thomas Martin, (202) 482–3936.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Jacky Arrowsmith, (202) 482–5255.
Jacky Arrowsmith, (202) 482–5255.
Jacky Arrowsmith, (202) 482–5255.
Thomas Martin, (202) 482–3936.
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
lotter on DSK11XQN23PROD with NOTICES1
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in November 2021 ......................
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has modified certain of its requirements
for serving documents containing
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18:03 Oct 29, 2021
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business proprietary information, until
further notice.1
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: October 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–23746 Filed 10–29–21; 8:45 am]
BILLING CODE 3510–DS–P
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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 October 22, 2021, the
Court of International Trade (CIT)
issued its final judgment in Carbon
Activated Tianjin Co., Ltd. and Carbon
Activated Corporation, et al. v. United
States, Consol. Court No. 20–00007,
sustaining the Department of Commerce
(Commerce)’s remand results pertaining
to the eleventh 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, 2017,
through March 31, 2018. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
AGENCY:
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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DEPARTMENT OF COMMERCE
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60204
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
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), Datong
Juqiang Activated Carbon Co., Ltd.
(Datong Juqiang) (collectively, the
mandatory respondents), Beijing Pacific
Activated Carbon Products Co., Ltd.
(Beijing Pacific), Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd.
(GHC), Ningxia Mineral & Chemical
Limited (Ningxia Mineral), and Shanxi
Sincere Industrial Co., Ltd. (Shanxi
Sincere).
DATES:
Applicable November 1, 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
lotter on DSK11XQN23PROD with NOTICES1
On December 17, 2019, Commerce
published its Final Results in the 2017–
2018 AD administrative review of
certain activated carbon from China.1
Commerce calculated a weightedaverage dumping margin of 0.86 U.S.
dollars (USD)/kg for Datong Juqiang and
a weighted-average dumping margin of
1.02 USD/kg for Carbon Activated, and
assigned Beijing Pacific, GHC, Ningxia
Mineral, and Shanxi Sincere a separate
rate of 0.89 USD/kg.2
The mandatory respondents, as well
as Beijing Pacific, GHC, Ningxia
Mineral, and Shanxi Sincere
(collectively, the respondents), appealed
Commerce’s Final Results. On April 2,
2021, the CIT remanded the Final
Results, and directed Commerce to
reconsider Commerce’s selection of
Malaysia as the primary surrogate
country, Commerce’s selection of
surrogate data to value bituminous coal,
and Commerce’s adjustments to the
surrogate financial ratios.3
In its remand redetermination, issued
in July 2021, Commerce: (1)
Reconsidered and further explained its
determination to use Malaysia as the
primary surrogate country; (2)
reconsidered its choice of HS code for
the bituminous coal SV used in the
production of activated carbon; and (3)
1 See Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2017–2018, 84 FR
68881 (December 17, 2019) (Final Results).
2 Id.
3 See Carbon Activated Tianjin Co., Ltd. and
Carbon Activated Corporation, et al. v. United
States, 503 F. Supp. 3d 1278 (CIT 2021).
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18:03 Oct 29, 2021
Jkt 256001
reconsidered and further explained its
allocation of certain line items in
valuing financial ratios using the 2017
financial statements from the Romanian
company, Romcarbon SA (Romcarbon).4
Specifically, Commerce changed the
surrogate value used to value
bituminous coal from the average unit
value of imports reported under
Romanian HS 2701.12 to the average
unit value of imports reported under
Malaysian HS 2701.19 for most of the
bituminous coal input used in the
production of the subject merchandise
during the period of review. In addition,
Commerce made necessary changes
with respect to the allocation of certain
line items in calculating the financial
ratios using the 2017 financial
statements from Romcarbon.
Accordingly, Commerce made changes
to the margin calculations for the
mandatory respondents and revised the
separate rate for Beijing Pacific, GHC,
Ningxia Mineral, and Shanxi Sincere.5
On October 22, 2021, the CIT sustained
Commerce’s final redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 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
October 22, 2021 judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s 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 with respect to the respondents
as follows:
4 See Final Results of Redetermination Pursuant
to Court Remand, Carbon Activated Tianjin Co.,
Ltd. and Carbon Activated Corporation, et al. v.
United States, Court No. 20–00007, Slip Op. 21–35,
dated July 1, 2021, available at https://
enforcement.trade.gov/remands/21-35.pdf.
5 Id. at 1–2, 40–41.
6 See Carbon Activated Tianjin Co., Ltd. and
Carbon Activated Corporation, et al. v. United
States, Court No. 20–00007, Slip Op. 21–149 (CIT
October 22, 2021).
7 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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Exporters
Carbon Activated Tianjin Co.,
Ltd ...........................................
Datong Juqiang Activated Carbon Co., Ltd ............................
Beijing Pacific Activated Carbon
Products Co., Ltd ....................
Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd ......
Ningxia Mineral & Chemical Limited ..........................................
Shanxi Sincere Industrial Co.,
Ltd ...........................................
Weightedaverage
dumping
margin
(USD/kg) 9
0.94
0.55
0.61
0.61
0.61
0.61
Cash Deposit Requirements
Because the mandatory respondents,
Beijing Pacific, Ningxia Mineral, and
Shanxi Sincere 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) for these companies. Accordingly,
this notice will not affect the current
cash deposit rate for these companies.
For GHC, because it does not have a
superseding cash deposit rate,
Commerce will issue revised cash
deposit instructions to CBP.
Additionally, with respect to GHC,
Commerce will instruct CBP to refund
the difference between the amount of
cash deposits paid as a result of the
application of the Final Results and the
amount due as a result of the
application of these amended final
results.
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were exported by Carbon
Activated, Datong Juqiang, Beijing
Pacific, GHC, Ningxia Mineral, and
Shanxi Sincere, and were entered, or
withdrawn from warehouse, for
consumption during the period April 1,
2017, through March 31, 2018. 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
9 In the second administrative review of the AD
order on certain activated carbon from China,
Commerce determined that it would calculate perunit assessment and cash deposit rates for all future
reviews of this order. 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.
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by Carbon
Activated, Datong Juqiang, Beijing
Pacific, GHC, Ningxia Mineral, and
Shanxi Sincere in accordance with 19
CFR 351.212(b). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate is not zero or de
minimis. Where an import-specific
assessment rate is zero or de minimis,10
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
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: October 26, 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. 2021–23858 Filed 10–28–21; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–824, A–201–856, A–821–833]
Oil Country Tubular Goods From
Argentina, Mexico, and the Russian
Federation: Initiation of Less-ThanFair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov at (202) 482–0665
and Christopher Williams at (202) 482–
5166 (Argentina); James Hepburn at
(202) 482–1882 and Preston Cox at (202)
482–5041 (Mexico); George McMahon at
(202) 482–1167 and Marc Castillo at
(202) 482–0519 (the Russian Federation
(Russia)); AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
The Petitions
On October 6, 2021, the Department
of Commerce (Commerce) received
10 See
19 CFR 351.106(c)(2).
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18:03 Oct 29, 2021
Jkt 256001
antidumping duty (AD) petitions
concerning imports of oil country
tubular goods (OCTG) from Argentina,
Mexico, and Russia filed in proper form
on behalf of Borusan Mannesmann Pipe
U.S., Inc., PTC Liberty Tubulars LLC,
U.S. Steel Tubular Products, Inc., the
United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC (the
USW), and Welded Tube USA, Inc. (the
petitioners), domestic producers of
OCTG and a certified union that
represents workers engaged in the
production of OCTG.1 The Petitions
were accompanied by countervailing
duty (CVD) petitions concerning
imports of OCTG from the Republic of
Korea and Russia.2
On October 7, 8, 14, and 19, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires.3 The
petitioners filed responses to the
supplemental questionnaires on October
12, 13, 18, and 21, 2021.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of OCTG from Argentina, Mexico, and
Russia are being, or are likely to be, sold
in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
OCTG industry in the United States.
Consistent with section 732(b)(1) of the
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Oil Country Tubular Goods from Argentina,
Mexico, the Republic of Korea, and Russia,’’ dated
October 6, 2021 (Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and
the Russian Federation: Supplemental Questions,’’
dated October 7, 2021; and ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and
the Russian Federation: Supplemental Questions,’’
dated October 19, 2021; and Country-Specific
Supplemental Questionnaires: Argentina
Supplemental, Mexico Supplemental, and Russia
Supplemental, dated October 8, 2021, and Russia
Second Supplemental, dated October 14, 2021.
4 See Petitioners’ Letters, ‘‘Oil Country Tubular
Goods from Argentina, Mexico, the Republic of
Korea, and Russia: Response to General Issues
Questionnaire,’’ dated October 12, 2021 (First
General Issues Supplement) and ‘‘Oil Country
Tubular Goods from Argentina, Mexico, the
Republic of Korea, and Russia: Response to Second
General Issues Questionnaire,’’ dated October 21,
2021 (Second General Issues Supplement); see also
Petitioners’ Country-Specific Supplemental
Responses, dated October 13, 2021; and Russia
Second Supplemental Response, dated October 18,
2021.
PO 00000
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60205
Act, the Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and
771(9)(D) of the Act. Commerce also
finds that the petitioners demonstrated
sufficient industry support for the
initiation of the requested LTFV
investigations.5
Period of Investigation
Because the Petitions were filed on
October 6, 2021, the period of
investigation (POI) for these LTFV
investigations is October 1, 2020,
through September 30, 2021, pursuant
to 19 CFR 351.204(b)(1).6
Scope of the Investigations
The products covered by these
investigations are OCTG from
Argentina, Mexico, and Russia. For a
full description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
On October 13, 2021, Commerce
spoke with counsel to the petitioners
regarding the proposed scope, to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).8 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on November
5 See infra, section titled ‘‘Determination of
Industry Support for the Petitions.’’
6 See 19 CFR 351.204(b)(1).
7 See Memorandum, ‘‘Petitions for the Imposition
of Antidumping and Countervailing Duties on
Imports of Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and the
Russian Federation: Phone Call with Counsel to the
Petitioners,’’ dated October 13, 2021.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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]]>Agencies
[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60203-60205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23858]
-----------------------------------------------------------------------
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 October 22, 2021, the Court of International Trade (CIT)
issued its final judgment in Carbon Activated Tianjin Co., Ltd. and
Carbon Activated Corporation, et al. v. United States, Consol. Court
No. 20-00007, sustaining the Department of Commerce (Commerce)'s remand
results pertaining to the eleventh 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,
2017, through March 31, 2018. Commerce is notifying the public that the
CIT's final judgment is not in harmony with
[[Page 60204]]
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), Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang)
(collectively, the mandatory respondents), Beijing Pacific Activated
Carbon Products Co., Ltd. (Beijing Pacific), Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd. (GHC), Ningxia Mineral & Chemical
Limited (Ningxia Mineral), and Shanxi Sincere Industrial Co., Ltd.
(Shanxi Sincere).
DATES: Applicable November 1, 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 December 17, 2019, Commerce published its Final Results in the
2017-2018 AD administrative review of certain activated carbon from
China.\1\ Commerce calculated a weighted-average dumping margin of 0.86
U.S. dollars (USD)/kg for Datong Juqiang and a weighted-average dumping
margin of 1.02 USD/kg for Carbon Activated, and assigned Beijing
Pacific, GHC, Ningxia Mineral, and Shanxi Sincere a separate rate of
0.89 USD/kg.\2\
---------------------------------------------------------------------------
\1\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2017-2018, 84 FR 68881 (December 17, 2019) (Final Results).
\2\ Id.
---------------------------------------------------------------------------
The mandatory respondents, as well as Beijing Pacific, GHC, Ningxia
Mineral, and Shanxi Sincere (collectively, the respondents), appealed
Commerce's Final Results. On April 2, 2021, the CIT remanded the Final
Results, and directed Commerce to reconsider Commerce's selection of
Malaysia as the primary surrogate country, Commerce's selection of
surrogate data to value bituminous coal, and Commerce's adjustments to
the surrogate financial ratios.\3\
---------------------------------------------------------------------------
\3\ See Carbon Activated Tianjin Co., Ltd. and Carbon Activated
Corporation, et al. v. United States, 503 F. Supp. 3d 1278 (CIT
2021).
---------------------------------------------------------------------------
In its remand redetermination, issued in July 2021, Commerce: (1)
Reconsidered and further explained its determination to use Malaysia as
the primary surrogate country; (2) reconsidered its choice of HS code
for the bituminous coal SV used in the production of activated carbon;
and (3) reconsidered and further explained its allocation of certain
line items in valuing financial ratios using the 2017 financial
statements from the Romanian company, Romcarbon SA (Romcarbon).\4\
Specifically, Commerce changed the surrogate value used to value
bituminous coal from the average unit value of imports reported under
Romanian HS 2701.12 to the average unit value of imports reported under
Malaysian HS 2701.19 for most of the bituminous coal input used in the
production of the subject merchandise during the period of review. In
addition, Commerce made necessary changes with respect to the
allocation of certain line items in calculating the financial ratios
using the 2017 financial statements from Romcarbon. Accordingly,
Commerce made changes to the margin calculations for the mandatory
respondents and revised the separate rate for Beijing Pacific, GHC,
Ningxia Mineral, and Shanxi Sincere.\5\ On October 22, 2021, the CIT
sustained Commerce's final redetermination.\6\
---------------------------------------------------------------------------
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Carbon Activated Tianjin Co., Ltd. and Carbon Activated
Corporation, et al. v. United States, Court No. 20-00007, Slip Op.
21-35, dated July 1, 2021, available at https://enforcement.trade.gov/remands/21-35.pdf.
\5\ Id. at 1-2, 40-41.
\6\ See Carbon Activated Tianjin Co., Ltd. and Carbon Activated
Corporation, et al. v. United States, Court No. 20-00007, Slip Op.
21-149 (CIT October 22, 2021).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
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 October 22,
2021 judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirement of Timken.
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\7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court decision, Commerce amends the
Final Results with respect to the respondents as follows:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporters margin
(USD/kg)
\9\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd........................... 0.94
Datong Juqiang Activated Carbon Co., Ltd.................... 0.55
Beijing Pacific Activated Carbon Products Co., Ltd.......... 0.61
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd....... 0.61
Ningxia Mineral & Chemical Limited.......................... 0.61
Shanxi Sincere Industrial Co., Ltd.......................... 0.61
------------------------------------------------------------------------
Cash Deposit Requirements
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\9\ In the second administrative review of the AD order on
certain activated carbon from China, Commerce determined that it
would calculate per-unit assessment and cash deposit rates for all
future reviews of this order. 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.
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Because the mandatory respondents, Beijing Pacific, Ningxia
Mineral, and Shanxi Sincere 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) for these companies. Accordingly,
this notice will not affect the current cash deposit rate for these
companies. For GHC, because it does not have a superseding cash deposit
rate, Commerce will issue revised cash deposit instructions to CBP.
Additionally, with respect to GHC, Commerce will instruct CBP to refund
the difference between the amount of cash deposits paid as a result of
the application of the Final Results and the amount due as a result of
the application of these amended final results.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were exported by Carbon Activated, Datong
Juqiang, Beijing Pacific, GHC, Ningxia Mineral, and Shanxi Sincere, and
were entered, or withdrawn from warehouse, for consumption during the
period April 1, 2017, through March 31, 2018. 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
[[Page 60205]]
final and conclusive court decision, Commerce intends to instruct CBP
to assess antidumping duties on unliquidated entries of subject
merchandise exported by Carbon Activated, Datong Juqiang, Beijing
Pacific, GHC, Ningxia Mineral, and Shanxi Sincere in accordance with 19
CFR 351.212(b). We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate is not zero or de minimis. Where an import-
specific assessment rate is zero or de minimis,\10\ we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
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\10\ See 19 CFR 351.106(c)(2).
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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: October 26, 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. 2021-23858 Filed 10-28-21; 4:15 pm]
BILLING CODE 3510-DS-P
