Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2020-2021, 67671-67674 [2022-24466]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices
raised in the case briefs, may be filed no
later than seven days after the case
briefs, in accordance with 19 CFR
351.309(d). Parties who submit case or
rebuttal briefs are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.13 All comments are to be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
available to registered users at https://
access.trade.gov. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.14 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
via ACCESS within 30 days of
publication of this notice. Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing, in accordance with 19 CFR
351.310(d).
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days if all parties agree to
our preliminary finding. This notice is
published in accordance with sections
751(b)(1) and 777(i) of the Act and 19
13 See
19 CFR 351.309(c)(2).
19 CFR 351.303(b).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
khammond on DSKJM1Z7X2PROD with NOTICES
14 See
VerDate Sep<11>2014
17:09 Nov 08, 2022
Jkt 259001
67671
CFR 351.216(b), 351.221(b) and
351.221(c)(3).
DATES:
Dated: November 3, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Jinny Ahn or Zachariah Hall, 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) 482–6261,
respectively.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the
Changed Circumstances Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022–24468 Filed 11–8–22; 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; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Jilin Bright Future Chemicals Co., Ltd.
(Jilin Bright) 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, 2020, through March 31, 2021.
Commerce also determines that Datong
Juqiang Activated Carbon Co., Ltd.
(Datong Juqiang) did not make sales of
subject merchandise at less than normal
value during the POR. Commerce
further determines that certain
companies made no shipments of the
subject merchandise during the POR.
AGENCY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Applicable November 9, 2022.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published
the Preliminary Results.1 For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2 On August 3, 2022,3 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
November 2, 2022.
Scope of the Order 4
The merchandise subject to the Order
is certain activated carbon. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
1 See Certain Activated Carbon from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments; 2020–
2021, 87 FR 27094 (May 6, 2022) (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
Fourteenth 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 2020–2021 Antidumping
Duty Administrative Review,’’ dated August 3,
2022.
4 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
E:\FR\FM\09NON1.SGM
09NON1
67672
Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices
Analysis of Comments Received
Final Determination of No Shipments
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I to this notice. 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, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
In the Preliminary Results, we
preliminarily determined that Beijing
Pacific Activated Carbon Products Co.,
Ltd.; Shanxi Dapu International Trade
Co., Ltd.; and Tianjin Channel Filters
Co., Ltd. had no shipments of subject
merchandise to the United States during
the POR.8 No party filed comments with
respect to this preliminary
determination and we received no
information to contradict it. 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.9
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 Jilin Bright,6 and
consequently, to the rate assigned to the
non-examined, separate rate
respondents.7
Separate Rate Respondents
In our Preliminary Results, we
determined that Datong Juqiang, Jilin
Bright, and eight other companies
demonstrated their eligibility for
separate rates.10 We received no
arguments 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 ten companies listed in the table in
the ‘‘Final Results’’ section of this notice
are each eligible for a separate rate.
Rate for Non-Examined Separate Rate
Respondents
In the Preliminary Results,11 and
consistent with Commerce’s practice,12
we assigned the non-examined, separate
rate companies a rate equal to the
calculated weighted-average dumping
margin for the mandatory respondent
whose rate was not zero, de minimis
(i.e., less than 0.5 percent), or based
entirely on facts available (i.e., the
weighted-average dumping margin for
Jilin Bright). 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 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 period
from April 1, 2020, through March 31,
2021:
Weightedaverage
dumping
margin
(USD/kg) 14
Exporters
Datong Juqiang Activated Carbon Co., Ltd .........................................................................................................................................
Jilin Bright Future Chemicals Co., Ltd .................................................................................................................................................
0.00
0.62
Review-Specific Rate Applicable to the Following Companies: 15
khammond on DSKJM1Z7X2PROD with NOTICES
Carbon Activated Tianjin Co., Ltd .......................................................................................................................................................
Datong Municipal Yunguang Activated Carbon Co., Ltd ....................................................................................................................
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ................................................................................................................
Ningxia Huahui Environmental Technology Co., Ltd. (formerly Ningxia Huahui Activated Carbon Co., Ltd.) 16 ...............................
Ningxia Mineral & Chemical Limited ...................................................................................................................................................
Shanxi Industry Technology Trading Co., Ltd .....................................................................................................................................
Shanxi Sincere Industrial Co., Ltd .......................................................................................................................................................
Tancarb Activated Carbon Co., Ltd .....................................................................................................................................................
5 See Memoranda, ‘‘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.,’’ dated concurrently
with this notice (Datong Juqiang’s Final Calculation
Memorandum); and ‘‘Fourteenth Administrative
Review of Certain Activated Carbon from the
People’s Republic of China: Surrogate Values for the
Final Results,’’ dated concurrently with this notice.
6 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
the People’s Republic of China: Final Results
VerDate Sep<11>2014
17:09 Nov 08, 2022
Jkt 259001
Calculation Memorandum for Jilin Bright Future
Chemicals Co., Ltd.,’’ dated concurrently with this
notice (Jilin Bright’s Final Calculation
Memorandum).
7 For details on the changes made since the
Preliminary Results, see the Issues and Decision
Memorandum.
8 See Preliminary Results, 87 FR at 27094.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
10 See
0.62
0.62
0.62
0.62
0.62
0.62
0.62
0.62
Preliminary Results PDM at 5–9.
at 10–11.
12 See, e.g., Certain Kitchen Appliance Shelving
and Racks from the People’s Republic of China:
Final Determination of Sales at Less Than Fair
Value, 74 FR 36656, 36660 (July 24, 2009).
13 See 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).
11 Id.
E:\FR\FM\09NON1.SGM
09NON1
Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
In the Preliminary Results, Commerce
found that six companies for which a
review was requested 17 did not
establish eligibility for a separate rate
because they did not file a timely
separate rate application or a separate
rate certification, as appropriate.18 No
party except Jacobi 19 commented on
Commerce’s Preliminary Results with
respect to separate rates. With respect to
Jacobi,20 we made no changes to our
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) (Carbon from China AR2), 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 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. (Ningxia Huahui), and should be
assigned the same antidumping duty (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.
17 See Appendix II of this notice for a full list of
the six companies.
18 See Preliminary Results PDM at 9. The total
number of company names for which Commerce
initiated this administrative review is 20. Three of
those companies submitted timely no shipment
certifications, two of those companies are the
mandatory respondents, and eight companies are
separate rate applicants. Commerce notes that two
of the company names for which Commerce
initiated this review are different name variations
of the same company (i.e., Ningxia Mineral &
Chemical Limited; and Ningxia Mineral & Chemical
Ltd.), and therefore, were treated as the same
company for purposes of this review. See Initiation
of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 31282, 31289 (June
11, 2021). Further, Commerce notes that Jacobi was
included among the six companies that Commerce
preliminarily found did not establish eligibility for
a separate rate, because Jacobi submitted its noshipment certification past the deadline of July 12,
2021, and Commerce rejected the certification as
untimely. See Preliminary Results PDM at 4.
19 See Jacobi’s Letter, ‘‘Jacobi’s Case Brief,’’ dated
July 8, 2022.
20 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
VerDate Sep<11>2014
17:09 Nov 08, 2022
Jkt 259001
Preliminary Results.21 Therefore, for
these final results, we determine the six
companies identified in Appendix II 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,22 we
did not conduct a review of the Chinawide entity. Thus, the weighted-average
dumping margin for the China-wide
entity (i.e., 2.42 USD/kg) 23 is not subject
to change as a result of this review.
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,
ADs 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 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 the 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
Antidumping Duty Administrative Review, 76 FR
67142, 67145, n.25 (October 31, 2011). 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 (i.e., the China-wide rate (2.42 U.S. Dollars
(USD)/kilogram (kg))) for purposes of cash deposit
and assessment purposes.
21 See Issues and Decision Memorandum at
Comment 11 for further discussion.
22 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).
23 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).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
67673
sales quantity associated with those
sales, in accordance with 19 CFR
351.212(b)(1).24 We will also calculate
(estimated) ad valorem importerspecific assessment rates with which to
determine whether the per-unit
assessment rates are de minimis.25
Where either a 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 ADs.26
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., 0.62 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 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 Chinawide entity.27
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 Datong
Juqiang, Jilin Bright, 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
24 See
Carbon from China AR2 IDM at Comment
3.
25 For
calculated (estimated) ad valorem
importer-specific assessment rates used in
determining whether the per-unit assessment rates
are de minimis, see Datong Juqiang’s Final
Calculation Memorandum and Jilin Bright’s Final
Calculation Memorandum, and attached Margin
Calculation Program Logs and Outputs.
26 See 19 CFR 351.106(c)(2).
27 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
E:\FR\FM\09NON1.SGM
09NON1
67674
Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices
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).
khammond on DSKJM1Z7X2PROD with NOTICES
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 and/or countervailing
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 and/or
countervailing duties has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an 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
VerDate Sep<11>2014
17:09 Nov 08, 2022
Jkt 259001
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: November 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the 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 U.S. Price
Comment 2: By-Product Offset
Comment 3: Adjustment of DJAC USA’s
Reported Indirect Selling Expense (ISE)
Ratio
Comment 4: Bituminous Coal Surrogate
Value (SV)
Comment 5: Coal Tar SV
Comment 6: Selection of Surrogate
Financial Statements and Calculation of
Surrogate Financial Ratios
Comment 7: Foreign Inland Freight SV
Comment 8: Deduction of Unrefunded or
Irrecoverable Value-Added Tax (VAT)
from U.S. Price
Comment 9: Steam SV
Comment 10: Hydrochloric Acid SV
Comment 11: Treatment of Jacobi’s NoShipment Certification
VI. Recommendation
Appendix II
Companies Not Eligible for a Separate Rate
and Treated as Part of the China-Wide Entity
1. Jacobi Carbons AB/Tianjin Jacobi
International Trade Co., Ltd./Jacobi
Carbons Industry (Tianjin) Co., Ltd./
Jacobi Adsorbent Materials
2. Meadwestvaco Trading (Shanghai)
3. Shanxi DMD Corp.
4. Shanxi Tianxi Purification Filter Co., Ltd.
5. Sinoacarbon International Trading Co.,
Ltd.
6. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2022–24466 Filed 11–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinet and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results and Partial Rescission of the
Antidumping Duty Administrative
Review; 2019–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that Qufu
Xinyu Furniture Co., Ltd. (Qufu Xinyu)
AGENCY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
did not make sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
October 9, 2019, through March 31,
2021; Shanghai Beautystar Cabinetry
Co., Ltd. (Beautystar) is part of the
People’s Republic of China (China)-wide
entity; and Jiang Su Rongxin Wood
Industry Co., Ltd. (Rongxin Wood) is the
successor-in-interest to Jiangsu Rongxin
Cabinets Co., Ltd. (Rongxin Cabinets).
DATES:
Applicable November 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4849.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published
the Preliminary Results of the
administrative review and invited
interested parties to comment.1 For a
complete description of the events that
occurred since Commerce published the
Preliminary Results, see the Issues and
Decision Memorandum.2 On August 18,
2022, we extended the deadline for
these final results to November 2, 2022.3
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 4
The products covered by this Order
are wooden cabinets and vanities that
are for permanent installation
(including floor mounted, wall
mounted, ceiling hung or by attachment
of plumbing), and wooden components
thereof. For full description of the scope
of the Order, see the Issues and Decision
Memorandum.
1 See Wooden Cabinets and Vanities and
Components Thereof From the People’s Republic of
China: Preliminary Results and Partial Recission of
the Antidumping Duty Administrative Review;
2019–2021, 87 FR 27090 (May 6, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum: Antidumping Duty Administrative
Review ofn Wooden Cabinets and Vanities and
Components Thereof From the People’s Republic of
China; 2019–2021,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Wooden Cabinets and
Vanities and Components Thereof of From the
People’s Republic of China: Extension of Deadline
for the Final Results of the Antidumping Duty
Administrative Review; 2019–2021,’’ dated August
18, 2022.
4 See Wooden Cabinets and Vanities and
Components Thereof From the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
E:\FR\FM\09NON1.SGM
09NON1
]]>Agencies
[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67671-67674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24466]
-----------------------------------------------------------------------
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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright) 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, 2020,
through March 31, 2021. Commerce also determines that Datong Juqiang
Activated Carbon Co., Ltd. (Datong Juqiang) did not make sales of
subject merchandise at less than normal value during the POR. Commerce
further determines that certain companies made no shipments of the
subject merchandise during the POR.
DATES: Applicable November 9, 2022.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Zachariah Hall, 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) 482-6261,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published the Preliminary Results.\1\ For
events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On August 3, 2022,\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
November 2, 2022.
---------------------------------------------------------------------------
\1\ See Certain Activated Carbon from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Preliminary Determination of No Shipments; 2020-2021, 87 FR
27094 (May 6, 2022) (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 Fourteenth 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
2020-2021 Antidumping Duty Administrative Review,'' dated August 3,
2022.
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is certain activated carbon. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
[[Page 67672]]
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix I to this
notice. 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, a complete version of the Issues and Decision Memorandum can
be accessed directly 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 Jilin
Bright,\6\ and consequently, to the rate assigned to the non-examined,
separate rate respondents.\7\
---------------------------------------------------------------------------
\5\ See Memoranda, ``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.,'' dated concurrently with this notice (Datong Juqiang's
Final Calculation Memorandum); and ``Fourteenth Administrative
Review of Certain Activated Carbon from the People's Republic of
China: Surrogate Values for the Final Results,'' dated concurrently
with this notice.
\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Activated Carbon the People's Republic of China: Final
Results Calculation Memorandum for Jilin Bright Future Chemicals
Co., Ltd.,'' dated concurrently with this notice (Jilin Bright's
Final Calculation Memorandum).
\7\ 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.; Shanxi Dapu
International Trade Co., Ltd.; and Tianjin Channel Filters Co., Ltd.
had no shipments of subject merchandise to the United States during the
POR.\8\ No party filed comments with respect to this preliminary
determination and we received no information to contradict it.
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.\9\
---------------------------------------------------------------------------
\8\ See Preliminary Results, 87 FR at 27094.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
---------------------------------------------------------------------------
Separate Rate Respondents
In our Preliminary Results, we determined that Datong Juqiang,
Jilin Bright, and eight other companies demonstrated their eligibility
for separate rates.\10\ We received no arguments 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 ten companies listed in the table in the ``Final
Results'' section of this notice are each eligible for a separate rate.
---------------------------------------------------------------------------
\10\ See Preliminary Results PDM at 5-9.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results,\11\ and consistent with Commerce's
practice,\12\ we assigned the non-examined, separate rate companies a
rate equal to the calculated weighted-average dumping margin for the
mandatory respondent whose rate was not zero, de minimis (i.e., less
than 0.5 percent), or based entirely on facts available (i.e., the
weighted-average dumping margin for Jilin Bright). 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\
---------------------------------------------------------------------------
\11\ Id. at 10-11.
\12\ See, e.g., Certain Kitchen Appliance Shelving and Racks
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009).
\13\ See 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).
\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) (Carbon from China
AR2), 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 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.
(Ningxia Huahui), and should be assigned the same antidumping duty
(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.
---------------------------------------------------------------------------
Final Results of 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 period from April 1,
2020, through March 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin (USD/
kg) \14\
------------------------------------------------------------------------
Datong Juqiang Activated Carbon Co., Ltd................ 0.00
Jilin Bright Future Chemicals Co., Ltd.................. 0.62
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Companies: \15\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd....................... 0.62
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 0.62
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd... 0.62
Ningxia Huahui Environmental Technology Co., Ltd. 0.62
(formerly Ningxia Huahui Activated Carbon Co., Ltd.)
\16\...................................................
Ningxia Mineral & Chemical Limited...................... 0.62
Shanxi Industry Technology Trading Co., Ltd............. 0.62
Shanxi Sincere Industrial Co., Ltd...................... 0.62
Tancarb Activated Carbon Co., Ltd....................... 0.62
------------------------------------------------------------------------
[[Page 67673]]
In the Preliminary Results, Commerce found that six companies for
which a review was requested \17\ did not establish eligibility for a
separate rate because they did not file a timely separate rate
application or a separate rate certification, as appropriate.\18\ No
party except Jacobi \19\ commented on Commerce's Preliminary Results
with respect to separate rates. With respect to Jacobi,\20\ we made no
changes to our Preliminary Results.\21\ Therefore, for these final
results, we determine the six companies identified in Appendix II 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,\22\ 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) \23\ is not subject to change as a result of this
review.
---------------------------------------------------------------------------
\17\ See Appendix II of this notice for a full list of the six
companies.
\18\ See Preliminary Results PDM at 9. The total number of
company names for which Commerce initiated this administrative
review is 20. Three of those companies submitted timely no shipment
certifications, two of those companies are the mandatory
respondents, and eight companies are separate rate applicants.
Commerce notes that two of the company names for which Commerce
initiated this review are different name variations of the same
company (i.e., Ningxia Mineral & Chemical Limited; and Ningxia
Mineral & Chemical Ltd.), and therefore, were treated as the same
company for purposes of this review. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 86 FR 31282, 31289
(June 11, 2021). Further, Commerce notes that Jacobi was included
among the six companies that Commerce preliminarily found did not
establish eligibility for a separate rate, because Jacobi submitted
its no-shipment certification past the deadline of July 12, 2021,
and Commerce rejected the certification as untimely. See Preliminary
Results PDM at 4.
\19\ See Jacobi's Letter, ``Jacobi's Case Brief,'' dated July 8,
2022.
\20\ 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).
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 (i.e., the China-wide rate
(2.42 U.S. Dollars (USD)/kilogram (kg))) for purposes of cash
deposit and assessment purposes.
\21\ See Issues and Decision Memorandum at Comment 11 for
further discussion.
\22\ 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).
\23\ 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).
---------------------------------------------------------------------------
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, ADs 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 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 the 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).\24\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis.\25\ Where either a 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 ADs.\26\
---------------------------------------------------------------------------
\24\ See Carbon from China AR2 IDM at Comment 3.
\25\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rates are de minimis, see Datong Juqiang's Final Calculation
Memorandum and Jilin Bright's Final Calculation Memorandum, and
attached Margin Calculation Program Logs and Outputs.
\26\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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., 0.62 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 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.\27\
---------------------------------------------------------------------------
\27\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------
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 Datong
Juqiang, Jilin Bright, 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
[[Page 67674]]
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 and/or countervailing 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 and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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: November 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the 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 U.S. Price
Comment 2: By-Product Offset
Comment 3: Adjustment of DJAC USA's Reported Indirect Selling
Expense (ISE) Ratio
Comment 4: Bituminous Coal Surrogate Value (SV)
Comment 5: Coal Tar SV
Comment 6: Selection of Surrogate Financial Statements and
Calculation of Surrogate Financial Ratios
Comment 7: Foreign Inland Freight SV
Comment 8: Deduction of Unrefunded or Irrecoverable Value-Added
Tax (VAT) from U.S. Price
Comment 9: Steam SV
Comment 10: Hydrochloric Acid SV
Comment 11: Treatment of Jacobi's No-Shipment Certification
VI. Recommendation
Appendix II
Companies Not Eligible for a Separate Rate and Treated as Part of the
China-Wide Entity
1. Jacobi Carbons AB/Tianjin Jacobi International Trade Co., Ltd./
Jacobi Carbons Industry (Tianjin) Co., Ltd./Jacobi Adsorbent
Materials
2. Meadwestvaco Trading (Shanghai)
3. Shanxi DMD Corp.
4. Shanxi Tianxi Purification Filter Co., Ltd.
5. Sinoacarbon International Trading Co., Ltd.
6. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2022-24466 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-DS-P
