Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2019-2020, 73731-73734 [2021-28171]
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0339 or
(202) 482–0608, respectively.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–60–2021]
Foreign-Trade Zone (FTZ) 171—Liberty
County, Texas, Authorization of
Production Activity CCZJV–GPX (Pipe
Spools and Valves), Baytown, Texas
On August 24, 2021, CCZJV–GPX
submitted a notification of proposed
production activity to the FTZ Board for
its facility within FTZ 171, in Baytown,
Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (86 FR 49509,
September 3, 2021). On December 22,
2021, the applicant was notified of the
FTZ Board’s decision that no further
review of the activity is warranted at
this time. The production activity
described in the notification was
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: December 22, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–28174 Filed 12–27–21; 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: Final
Results of Antidumping Duty
Administrative Review; and Final
Determination of No Shipments; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Datong
Juqiang Activated Carbon Co., Ltd.
(Datong Juqiang) and Carbon Activated
Tianjin Co., Ltd. (Carbon Activated) sold
certain activated carbon from the
People’s Republic of China (China) at
less than normal value during the
period of review (POR), April 1, 2019,
through March 31, 2020.
DATES: Applicable December 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn or Joshua Simonidis, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
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SUPPLEMENTARY INFORMATION:
Background
On June 28, 2021, Commerce
published the Preliminary Results.1 For
events subsequent to the Preliminary
Results, see the Issues and Decision
Memorandum.2 On October 7, 2021,3 in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results until
December 17, 2021.
Scope of the Order
The merchandise subject to the
Order 4 is certain activated carbon. A
full description of the scope of the
Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in the interested parties’ case and
rebuttal briefs. In Appendix I to this
notice, we provided a list of the issues
raised by the parties. The Issues and
Decision Memorandum is a public
document and is on file 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, parties can
directly access a complete version of the
Issues and Decision Memorandum on
the internet at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
1 See Certain Activated Carbon from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 33988 (June 28, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Thirteenth Antidumping Duty Administrative
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Activated Carbon from the
People’s Republic of China: Extension of Deadline
for Final Results of the Thirteenth Antidumping
Duty Administrative Review,’’ dated October 7,
2021.
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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Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for Datong
Juqiang,5 and consequently, to the rate
assigned to the non-examined, separate
rate respondents.6
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Beijing
Pacific Activated Carbon Products Co.,
Ltd.; Jilin Bright Future Chemicals Co.,
Ltd.; Shanxi Dapu International Trade
Co., Ltd.; Shanxi Industry Technology
Trading Co., Ltd.; Shanxi Tianxi
Purification Filter Co., Ltd.; and Tianjin
Channel Filters Co., Ltd., had no
shipments of subject merchandise to the
United States during the POR.7 We
received no information to contradict
this determination. Therefore, we
continue to find that these companies
had no shipments of subject
merchandise during the POR and will
issue appropriate liquidation
instructions that are consistent with our
‘‘automatic assessment’’ clarification for
these final results.8
Separate Rate Respondents
In our Preliminary Results, we
determined that Carbon Activated,
Datong Juqiang, and seven other
companies demonstrated their eligibility
for separate rates.9 We received no
argument since the issuance of the
Preliminary Results that provide a basis
for reconsideration of these
determinations. Therefore, for these
final results, we continue to find that
the nine companies listed in the table in
the ‘‘Final Results’’ section of this notice
are eligible for a separate rate.
5 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
the People’s Republic of China: Final Results
Calculation Memorandum for Datong Juqiang
Activated Carbon Co., Ltd.’’ (Datong Juqiang’s Final
Calculation Memorandum), dated concurrently
with this memorandum; see also Memorandum,
‘‘Thirteenth Administrative Review of Certain
Activated Carbon from the People’s Republic of
China: Surrogate Values for the Final Results,’’
dated concurrently with this memorandum.
6 For details on the changes made since the
Preliminary Results, see the Issues and Decision
Memorandum.
7 See Preliminary Results, 86 FR at 33988.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
9 See Preliminary Results PDM at 4–8.
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Rate for Non-Examined Separate Rate
Respondents
In the Preliminary Results,10 and
consistent with Commerce’s practice,11
we assigned the non-examined, separate
rate companies a rate equal to the
weighted-average of the calculated
weighted-average dumping margins for
the mandatory respondents that are not
zero, de minimis (i.e., less than 0.5
percent), or based entirely on facts
available, weighted by the total U.S.
sales quantities from the public version
of the submissions from the mandatory
respondents.12 No parties commented
on the methodology for calculating this
separate rate. For the final results, we
continue to apply this approach, as it is
consistent with the intent of, and our
use of, section 735(c)(5)(A) of the Act.13
Final Results of the Review
For companies subject to this review,
which established their eligibility for a
separate rate, Commerce determines that
the following weighted-average
dumping margins exist for the POR from
April 1, 2019, through March 31, 2020:
Weightedaverage dumping
margin
(USD/kg) 14
Exporters
Carbon Activated Tianjin Co., Ltd ...................................................................................................................................................
Datong Juqiang Activated Carbon Co., Ltd .....................................................................................................................................
1.13
0.31
Review-Specific Rate Applicable to the Following Companies: 15
Datong Municipal Yunguang Activated Carbon Co., Ltd ................................................................................................................
Jacobi Carbons AB 16 ......................................................................................................................................................................
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ............................................................................................................
Ningxia Huahui Environmental Technology Co., Ltd. (formerly Ningxia Huahui Activated Carbon Co., Ltd.) 17 ...........................
Ningxia Mineral & Chemical Limited ...............................................................................................................................................
Shanxi Sincere Industrial Co., Ltd ...................................................................................................................................................
Tancarb Activated Carbon Co., Ltd .................................................................................................................................................
In the Preliminary Results, Commerce
found that 61 companies for which a
review was requested 18 did not
establish eligibility for a separate rate
because they did not file a separate rate
application or a separate rate
certification, as appropriate.19 No
interested party commented on
Commerce’s preliminary determination
with respect to these 61 companies.
Therefore, for these final results we
determine these companies to be part of
10 Id.
at 9–11.
e.g., Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
56158, 56160 (September 12, 2011) (Vietnam
Shrimp).
12 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Calculation of
Margin for Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
13 See Vietnam Shrimp, 76 FR 56160.
14 In the second administrative review of the
Order, Commerce determined that it would
calculate per-unit weighted-average dumping
margins and assessment rates for all future reviews.
See Certain Activated Carbon from the People’s
Republic of China: Final Results and Partial
Rescission of Second Antidumping Duty
Administrative Review, 75 FR 70208, 70211
(November 17, 2010) (AR2 Carbon), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 3.
15 This is the rate applicable to the non-examined
separate rate respondents, as discussed above.
16 In the third administrative review of the Order,
Commerce found that Jacobi Carbons AB, Tianjin
Jacobi International Trading Co. Ltd. (Tianjin
Jacobi), and Jacobi Carbons Industry (Tianjin)
(Jacobi Carbons) (collectively, Jacobi) 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,
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0.47
0.47
0.47
0.47
0.47
0.47
0.47
the China-wide entity. Because no party
requested a review of the China-wide
entity, and Commerce no longer
considers the China-wide entity as an
exporter conditionally subject to
administrative reviews,20 we did not
conduct a review of the China-wide
entity. Thus, the weighted-average
dumping margin for the China-wide
entity (i.e., 2.42 USD/kg) 21 is not subject
to change as a result of this review.
Assessment Rates
we continue to treat these companies as part of a
single entity for this administrative review,
pursuant to sections 771(33)(E), (F), and (G) of the
Act, and 19 CFR 351.401(f). See Certain Activated
Carbon from the People’s Republic of China: Final
Results and Partial Rescission of Third
Antidumping Duty Administrative Review, 76 FR
67142, 67145, n.25 (October 31, 2011); see also
Preliminary Results PDM. Further, in a changed
circumstances review of the Order, Commerce
determined that 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. See
Certain Activated Carbon from the People’s
Republic of China: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
86 FR 58874 (October 25, 2021). Therefore, for these
final results, we have assigned the new Jacobi single
entity, inclusive of JAM, the same AD rate for cash
deposit purposes as the rate assigned to Jacobi for
purposes of assessment.
17 In a changed circumstances review of the
Order, Commerce found that Ningxia Huahui
Environmental Technology Co., Ltd. is the
successor-in-interest to Ningxia Huahui Activated
Carbon Co. Ltd. (Ninxia Huahui), and should be
assigned the same AD cash deposit rate assigned to
Ningxia Huahui for purposes of determining AD
liability in this proceeding. See Certain Activated
Carbon from the People’s Republic of China: Notice
of Final Results of Antidumping Duty Changed
Circumstances Review, 86 FR 64184 (November 17,
2021). Therefore, for these final results, we have
assigned the same AD rate for cash deposit
purposes to Ningxia Huahui Environmental
Technology Co., Ltd. as the rate assigned to Ningxia
Huahui for assessment purposes.
18 See Appendix II of this notice for a full list of
the 61 companies.
19 See Preliminary Results PDM at 8. The total
number of company names for which Commerce
initiated this review is 76. Six of those companies
under review submitted no shipment certifications.
Two of those companies for which Commerce
initiated this review are the mandatory
respondents, and seven are separate rate applicants.
One of the separate rate applicants, Jacobi, includes
two other company names from the initiation notice
in its single-entity group. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 35068 (June 8, 2020)
at 35070.
20 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).
21 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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Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
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filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
For each individually-examined
respondent in this review which has a
final weighted-average dumping margin
that is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate
importer- (or customer-) specific perunit duty assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s (or
customer’s) examined sales to the total
sales quantity associated with those
sales, in accordance with 19 CFR
351.212(b)(1).22 We will also calculate
(estimated) ad valorem importerspecific assessment rates with which to
determine whether the per-unit
assessment rates are de minimis.23
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer- (or
customer-) specific assessment rate is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.24
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the rate
assigned to them for the final results
(i.e., 0.47 USD/kg). For the companies
identified as part of the China-wide
entity, we will instruct CBP to apply a
per-unit assessment rate of 2.42 USD/kg
to all entries of subject merchandise
during the POR which were produced or
exported by those companies. Pursuant
to a refinement in our non-market
economy practice, for sales that were
not reported in the U.S. sales data
submitted by companies individually
examined during this review, we will
instruct CBP to liquidate entries
associated with those sales at the rate
for the China-wide entity. Furthermore,
where we found that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s cash
22 See
AR2 Carbon IDM at Comment 3.
calculated (estimated) ad valorem
importer-specific assessment rates used in
determining whether the per-unit assessment rates
are de minimis, see Memorandum, ‘‘Antidumping
Duty Administrative Review of Certain Activated
Carbon the People’s Republic of China: Preliminary
Results Calculation Memorandum for Carbon
Activated,’’ dated June 21, 2021; and Datong
Juqiang’s Final Calculation Memorandum and
attached Margin Calculation Program Logs and
Outputs.
24 See 19 CFR 351.106(c)(2).
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deposit rate) will be liquidated at the
rate for the China-wide entity.25
Cash Deposit Requirements
The following per-unit cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Carbon
Activated, Datong Juqiang, and the nonexamined separate rate respondents, the
cash deposit rate will be equal to their
weighted-average dumping margins
established in the final results of this
review; (2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be equal to the
weighted-average dumping margin for
the China-wide entity (i.e., 2.42 USD/
kg); and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These per-unit cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
25 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
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Notification Regarding Administrative
Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: December 17, 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.
Appendix I
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: Adjustment of Datong
Juqiang’s Reported Per-Unit
Consumption Factor for Bituminous Coal
Comment 2: By-Product Offset
Comment 3: Adjustment of DJAC USA’s
Reported Indirect Selling Expense Ratio
Comment 4: Bituminous Coal Surrogate
Value
Comment 5: Coal Tar Surrogate Value
Comment 6: Selection of Surrogate
Financial Statements
Comment 7: Carbonized Material Surrogate
Value
Comment 8: Ocean Freight Surrogate Value
Comment 9: Hydrochloric Acid Surrogate
Value
Comment 10: Steam Surrogate Value
VI. Recommendation
Appendix II
Companies 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. Ardic Worldwide Logistics Ltd.
4. Beijing Kang Jie Kong International Cargo
Agent Co Ltd
5. Bengbu Modern Environmental Co., Ltd.
6. Brilliant Logistics Group Inc.
7. China Combi Works Oy Ltd.
8. China International Freight Co., Ltd.
9. Cohesion Freight (HK) Ltd.
10. Datong Municipal Yunguang
11. De Well Container Shipping Corp.
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12. Derun Charcoal Carbon Co., Ltd.
13. Endurance Cargo Management Co., Ltd.
14. Envitek (China) Ltd.
15. Excel Shipping Co., Ltd.
16. Fujian Xinsen Carbon Co., Ltd.
17. Fuzhou Yihuan Carbon Co., Ltd.
18. Fuzhou Yuemengfeng Trade Co., Ltd.
19. Gongyi City Bei Shan Kou Water
Purification Materials Factory
20. Guangdong Hanyan Activated Carbon
Manufacturing Co., Ltd.
21. Guangzhou Four E’S Scientific Co., Ltd.
22. Hangzhou Hengxing Activated Carbon
23. Henan Dailygreen Trading Co., Ltd.
24. Honour Lane Shipping Ltd.
25. Ingevity Corp.
26. Ingevity Performance Materials
27. Jiangsu Kejing Carbon Fiber Co., Ltd.
28. Jiangxi Yuanli Huaiyushan Active Carbon
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 (China) 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. Shenzhen Calux Purification Technology
Co., Ltd.
50. Shijiazhuang Tangju Trading Co.
51. Sinoacarbon International Trading Co.,
Ltd.
52. The Ultimate Solid Logistics Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tianjin Maijin Industries Co., Ltd.
55. Translink Shipping Inc.
56. Trans-Power International Logistics Co.,
Ltd.
57. Triple Eagle Container Line
58. U.S. United Logistics (Ningbo) Inc.
59. Yusen Logistics Co., Ltd.
60. Zhejiang Topc Chemical Industry
61. Zhengzhou Zhulin Activated Carbon
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BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders with
November anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable December 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
November anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov, in
accordance with 19 CFR 351.303.1 Such
submissions are subject to verification,
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
the Quantity and Value (Q&V)
Questionnaire for purposes of
respondent selection, in general, each
company must report volume and value
data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where Commerce
considered collapsing that entity,
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73731-73734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28171]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Datong
Juqiang Activated Carbon Co., Ltd. (Datong Juqiang) and Carbon
Activated Tianjin Co., Ltd. (Carbon Activated) sold certain activated
carbon from the People's Republic of China (China) at less than normal
value during the period of review (POR), April 1, 2019, through March
31, 2020.
DATES: Applicable December 28, 2021.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Joshua Simonidis, 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) 482-0608,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2021, Commerce published the Preliminary Results.\1\
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On October 7, 2021,\3\ in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
Commerce extended the deadline for issuing the final results until
December 17, 2021.
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\1\ See Certain Activated Carbon from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, and Preliminary Determination of No Shipments; 2019-2020, 86
FR 33988 (June 28, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Issues and Decision Memorandum for the Final
Results of the Thirteenth Antidumping Duty Administrative Review,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
\3\ See Memorandum, ``Activated Carbon from the People's
Republic of China: Extension of Deadline for Final Results of the
Thirteenth Antidumping Duty Administrative Review,'' dated October
7, 2021.
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Scope of the Order
The merchandise subject to the Order \4\ is certain activated
carbon. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in the interested parties' case and rebuttal briefs. In Appendix
I to this notice, we provided a list of the issues raised by the
parties. The Issues and Decision Memorandum is a public document and is
on file 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, parties can directly access a complete version of the Issues
and Decision Memorandum on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for Datong Juqiang,\5\ and
consequently, to the rate assigned to the non-examined, separate rate
respondents.\6\
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\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Activated Carbon the People's Republic of China: Final
Results Calculation Memorandum for Datong Juqiang Activated Carbon
Co., Ltd.'' (Datong Juqiang's Final Calculation Memorandum), dated
concurrently with this memorandum; see also Memorandum, ``Thirteenth
Administrative Review of Certain Activated Carbon from the People's
Republic of China: Surrogate Values for the Final Results,'' dated
concurrently with this memorandum.
\6\ For details on the changes made since the Preliminary
Results, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Beijing Pacific Activated Carbon Products Co., Ltd.; Jilin Bright
Future Chemicals Co., Ltd.; Shanxi Dapu International Trade Co., Ltd.;
Shanxi Industry Technology Trading Co., Ltd.; Shanxi Tianxi
Purification Filter Co., Ltd.; and Tianjin Channel Filters Co., Ltd.,
had no shipments of subject merchandise to the United States during the
POR.\7\ We received no information to contradict this determination.
Therefore, we continue to find that these companies had no shipments of
subject merchandise during the POR and will issue appropriate
liquidation instructions that are consistent with our ``automatic
assessment'' clarification for these final results.\8\
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\7\ See Preliminary Results, 86 FR at 33988.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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Separate Rate Respondents
In our Preliminary Results, we determined that Carbon Activated,
Datong Juqiang, and seven other companies demonstrated their
eligibility for separate rates.\9\ We received no argument since the
issuance of the Preliminary Results that provide a basis for
reconsideration of these determinations. Therefore, for these final
results, we continue to find that the nine companies listed in the
table in the ``Final Results'' section of this notice are eligible for
a separate rate.
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\9\ See Preliminary Results PDM at 4-8.
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[[Page 73732]]
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results,\10\ and consistent with Commerce's
practice,\11\ we assigned the non-examined, separate rate companies a
rate equal to the weighted-average of the calculated weighted-average
dumping margins for the mandatory respondents that are not zero, de
minimis (i.e., less than 0.5 percent), or based entirely on facts
available, weighted by the total U.S. sales quantities from the public
version of the submissions from the mandatory respondents.\12\ No
parties commented on the methodology for calculating this separate
rate. For the final results, we continue to apply this approach, as it
is consistent with the intent of, and our use of, section 735(c)(5)(A)
of the Act.\13\
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\10\ Id. at 9-11.
\11\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 76 FR 56158,
56160 (September 12, 2011) (Vietnam Shrimp).
\12\ See Memorandum, ``Certain Activated Carbon from the
People's Republic of China: Calculation of Margin for Respondents
Not Selected for Individual Examination,'' dated concurrently with
this notice.
\13\ See Vietnam Shrimp, 76 FR 56160.
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Final Results of the Review
For companies subject to this review, which established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the POR from April 1, 2019,
through March 31, 2020:
------------------------------------------------------------------------
Weighted-
average dumping
Exporters margin (USD/kg)
\14\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd..................... 1.13
Datong Juqiang Activated Carbon Co., Ltd.............. 0.31
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Companies: \15\
------------------------------------------------------------------------
Datong Municipal Yunguang Activated Carbon Co., Ltd... 0.47
Jacobi Carbons AB \16\................................ 0.47
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 0.47
Ningxia Huahui Environmental Technology Co., Ltd. 0.47
(formerly Ningxia Huahui Activated Carbon Co., Ltd.)
\17\.................................................
Ningxia Mineral & Chemical Limited.................... 0.47
Shanxi Sincere Industrial Co., Ltd.................... 0.47
Tancarb Activated Carbon Co., Ltd..................... 0.47
------------------------------------------------------------------------
In the Preliminary Results, Commerce found that 61 companies for
which a review was requested \18\ did not establish eligibility for a
separate rate because they did not file a separate rate application or
a separate rate certification, as appropriate.\19\ No interested party
commented on Commerce's preliminary determination with respect to these
61 companies. Therefore, for these final results we determine these
companies to be part of the China-wide entity. Because no party
requested a review of the China-wide entity, and Commerce no longer
considers the China-wide entity as an exporter conditionally subject to
administrative reviews,\20\ we did not conduct a review of the China-
wide entity. Thus, the weighted-average dumping margin for the China-
wide entity (i.e., 2.42 USD/kg) \21\ is not subject to change as a
result of this review.
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\14\ In the second administrative review of the Order, Commerce
determined that it would calculate per-unit weighted-average dumping
margins and assessment rates for all future reviews. See Certain
Activated Carbon from the People's Republic of China: Final Results
and Partial Rescission of Second Antidumping Duty Administrative
Review, 75 FR 70208, 70211 (November 17, 2010) (AR2 Carbon), and
accompanying Issues and Decision Memorandum (IDM) at Comment 3.
\15\ This is the rate applicable to the non-examined separate
rate respondents, as discussed above.
\16\ In the third administrative review of the Order, Commerce
found that Jacobi Carbons AB, Tianjin Jacobi International Trading
Co. Ltd. (Tianjin Jacobi), and Jacobi Carbons Industry (Tianjin)
(Jacobi Carbons) (collectively, Jacobi) should be treated as a
single entity, and because there were no facts presented on the
record of this review which would call into question our prior
finding, we continue to treat these companies as part of a single
entity for this administrative review, pursuant to sections
771(33)(E), (F), and (G) of the Act, and 19 CFR 351.401(f). See
Certain Activated Carbon from the People's Republic of China: Final
Results and Partial Rescission of Third Antidumping Duty
Administrative Review, 76 FR 67142, 67145, n.25 (October 31, 2011);
see also Preliminary Results PDM. Further, in a changed
circumstances review of the Order, Commerce determined that 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.
See Certain Activated Carbon from the People's Republic of China:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 86 FR 58874 (October 25, 2021). Therefore, for these final
results, we have assigned the new Jacobi single entity, inclusive of
JAM, the same AD rate for cash deposit purposes as the rate assigned
to Jacobi for purposes of assessment.
\17\ In a changed circumstances review of the Order, Commerce
found that Ningxia Huahui Environmental Technology Co., Ltd. is the
successor-in-interest to Ningxia Huahui Activated Carbon Co. Ltd.
(Ninxia Huahui), and should be assigned the same AD cash deposit
rate assigned to Ningxia Huahui for purposes of determining AD
liability in this proceeding. See Certain Activated Carbon from the
People's Republic of China: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 86 FR 64184 (November 17, 2021).
Therefore, for these final results, we have assigned the same AD
rate for cash deposit purposes to Ningxia Huahui Environmental
Technology Co., Ltd. as the rate assigned to Ningxia Huahui for
assessment purposes.
\18\ See Appendix II of this notice for a full list of the 61
companies.
\19\ See Preliminary Results PDM at 8. The total number of
company names for which Commerce initiated this review is 76. Six of
those companies under review submitted no shipment certifications.
Two of those companies for which Commerce initiated this review are
the mandatory respondents, and seven are separate rate applicants.
One of the separate rate applicants, Jacobi, includes two other
company names from the initiation notice in its single-entity group.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 85 FR 35068 (June 8, 2020) at 35070.
\20\ 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).
\21\ See, e.g., Certain Activated Carbon from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 70163, 70165 (November 25, 2014).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
[[Page 73733]]
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
For each individually-examined respondent in this review which has
a final weighted-average dumping margin that is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer- (or
customer-) specific per-unit duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's (or
customer's) examined sales to the total sales quantity associated with
those sales, in accordance with 19 CFR 351.212(b)(1).\22\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis.\23\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\24\
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\22\ See AR2 Carbon IDM at Comment 3.
\23\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rates are de minimis, see Memorandum, ``Antidumping Duty
Administrative Review of Certain Activated Carbon the People's
Republic of China: Preliminary Results Calculation Memorandum for
Carbon Activated,'' dated June 21, 2021; and Datong Juqiang's Final
Calculation Memorandum and attached Margin Calculation Program Logs
and Outputs.
\24\ See 19 CFR 351.106(c)(2).
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the rate assigned
to them for the final results (i.e., 0.47 USD/kg). For the companies
identified as part of the China-wide entity, we will instruct CBP to
apply a per-unit assessment rate of 2.42 USD/kg to all entries of
subject merchandise during the POR which were produced or exported by
those companies. Pursuant to a refinement in our non-market economy
practice, for sales that were not reported in the U.S. sales data
submitted by companies individually examined during this review, we
will instruct CBP to liquidate entries associated with those sales at
the rate for the China-wide entity. Furthermore, where we found that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's cash deposit rate) will be liquidated at the rate
for the China-wide entity.\25\
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\25\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements
The following per-unit cash deposit requirements will be effective
upon publication of the final results of this administrative review for
all shipments of the subject merchandise from China entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2)(C) of the Act: (1) For Carbon
Activated, Datong Juqiang, and the non-examined separate rate
respondents, the cash deposit rate will be equal to their weighted-
average dumping margins established in the final results of this
review; (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recently completed segment of this proceeding in which
they were reviewed; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be equal to the weighted-average dumping
margin for the China-wide entity (i.e., 2.42 USD/kg); and (4) for all
non-Chinese exporters of subject merchandise which have not received
their own separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These per-unit cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: December 17, 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.
Appendix I
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: Adjustment of Datong Juqiang's Reported Per-Unit
Consumption Factor for Bituminous Coal
Comment 2: By-Product Offset
Comment 3: Adjustment of DJAC USA's Reported Indirect Selling
Expense Ratio
Comment 4: Bituminous Coal Surrogate Value
Comment 5: Coal Tar Surrogate Value
Comment 6: Selection of Surrogate Financial Statements
Comment 7: Carbonized Material Surrogate Value
Comment 8: Ocean Freight Surrogate Value
Comment 9: Hydrochloric Acid Surrogate Value
Comment 10: Steam Surrogate Value
VI. Recommendation
Appendix II
Companies 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. Ardic Worldwide Logistics Ltd.
4. Beijing Kang Jie Kong International Cargo Agent Co Ltd
5. Bengbu Modern Environmental Co., Ltd.
6. Brilliant Logistics Group Inc.
7. China Combi Works Oy Ltd.
8. China International Freight Co., Ltd.
9. Cohesion Freight (HK) Ltd.
10. Datong Municipal Yunguang
11. De Well Container Shipping Corp.
[[Page 73734]]
12. Derun Charcoal Carbon Co., Ltd.
13. Endurance Cargo Management Co., Ltd.
14. Envitek (China) Ltd.
15. Excel Shipping Co., Ltd.
16. Fujian Xinsen Carbon Co., Ltd.
17. Fuzhou Yihuan Carbon Co., Ltd.
18. Fuzhou Yuemengfeng Trade Co., Ltd.
19. Gongyi City Bei Shan Kou Water Purification Materials Factory
20. Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd.
21. Guangzhou Four E'S Scientific Co., Ltd.
22. Hangzhou Hengxing Activated Carbon
23. Henan Dailygreen Trading Co., Ltd.
24. Honour Lane Shipping Ltd.
25. Ingevity Corp.
26. Ingevity Performance Materials
27. Jiangsu Kejing Carbon Fiber Co., Ltd.
28. Jiangxi Yuanli Huaiyushan Active Carbon
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 (China) 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. Shenzhen Calux Purification Technology Co., Ltd.
50. Shijiazhuang Tangju Trading Co.
51. Sinoacarbon International Trading Co., Ltd.
52. The Ultimate Solid Logistics Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tianjin Maijin Industries Co., Ltd.
55. Translink Shipping Inc.
56. Trans-Power International Logistics Co., Ltd.
57. Triple Eagle Container Line
58. U.S. United Logistics (Ningbo) Inc.
59. Yusen Logistics Co., Ltd.
60. Zhejiang Topc Chemical Industry
61. Zhengzhou Zhulin Activated Carbon
[FR Doc. 2021-28171 Filed 12-27-21; 8:45 am]
BILLING CODE 3510-DS-P