Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2021-2022, 29632-29635 [2023-09731]
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Federal Register / Vol. 88, No. 88 / Monday, May 8, 2023 / Notices
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY—Continued
Program(s)
Switzerland ......................................
Deficiency Payments .................................................................................
extended the preliminary results
deadline until April 25, 2022.2
[FR Doc. 2023–09689 Filed 5–5–23; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Order 3
The merchandise subject to the Order
is certain activated carbon. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3802.10.00. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the Order
remains dispositive.4
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that Datong Juqiang
Activated Carbon Co., Ltd. (Datong
Juqiang) and Jilin Bright Future
Chemicals Co., Ltd. (Jilin Bright),
exporters of certain activated carbon
from the People’s Republic of China
(China), sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) April 1, 2021, through March 31,
2022. Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Applicable May 8, 2023.
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
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Gross 3
subsidy
($/lb)
Country
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
administrative review on June 9, 2022.1
On December 15, 2022, Commerce
1 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
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Continuation of Administrative Review
for Carbon Activated Tianjin Co., Ltd.
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review. On
September 6, 2022, Carbon Activated
Tianjin Co., Ltd. (Carbon Activated)
timely withdrew its request for review.5
However, because there is still an active
review request for Carbon Activated,6
we are not rescinding this review with
respect to Carbon Activated, pursuant to
19 CFR 351.213(d)(1).
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information, and the no shipment
certifications submitted by Datong
Municipal Yunguang Activated Carbon
Co., Ltd., Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd., and Shanxi
Dapu International Trade Co., Ltd.,
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 15, 2022.
3 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
4 For a complete description of the scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review: Certain Activated Carbon
from the People’s Republic of China; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Carbon Activated’s Letter, ‘‘Withdrawal of
Request for Antidumping Administrative Review,’’
dated September 6, 2022.
6 See Calgon Carbon Corporation and Cabot Norit
Americas Inc.’s (collectively, the petitioners) Letter,
‘‘Petitioners’ Request for Initiation of 15th Annual
Administrative Review,’’ dated April 29, 2022, at 2.
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Commerce preliminarily determines
that these companies had no shipments
of subject merchandise during the POR.
Consistent with our practice in nonmarket economy (NME) cases, we are
not rescinding this review but instead
intend to complete the review with
respect to these three companies for
which we have preliminarily found no
shipments and issue appropriate
instructions to CBP based on the final
results of the review.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export prices
and constructed export prices in
accordance with section 772 of the Act.
Because China is an NME country
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Verification
As provided in sections 782(i)(3)(A)–
(B) of the Act, we intend to verify the
information upon which we will rely in
determining our final results of review
with respect to the two mandatory
respondents, Datong Juqiang and Jilin
Bright.
Preliminary Results of the Review
Commerce preliminarily finds that
seven companies for which a review
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME
Practice).
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Federal Register / Vol. 88, No. 88 / Monday, May 8, 2023 / Notices
was requested, including Carbon
Activated,8 did not establish eligibility
for a separate rate because they failed to
provide either a separate rate
application or separate rate certification.
As such, we preliminarily determine
that these seven companies are part of
the China-wide entity.9
For those companies that have
established their eligibility for a
29633
separate rate,10 Commerce preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weightedaverage
dumping
margin
(U.S.
dollars per
kilogram) 11
Exporter
Datong Juqiang Activated Carbon Co., Ltd .........................................................................................................................................
Jilin Bright Future Chemicals Co., Ltd .................................................................................................................................................
0.36
0.28
Review-Specific Rate Applicable to the Following Companies
Jacobi Carbons AB, Tianjin Jacobi International Trading Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co., Ltd., and Jacobi
Adsorbent Materials (Tianjin) Co., Ltd.12 .........................................................................................................................................
Ningxia Huahui Environmental Technology Co., Ltd. (formerly Ningxia Huahui Activated Carbon Co., Ltd.) 13 ...............................
Ningxia Mineral & Chemical Limited ...................................................................................................................................................
Shanxi Industry Technology Trading Co., Ltd .....................................................................................................................................
Shanxi Sincere Industrial Co., Ltd .......................................................................................................................................................
Tancarb Activated Carbon Co., Ltd .....................................................................................................................................................
Tianjin Channel Filters Co., Ltd ...........................................................................................................................................................
Commerce intends to disclose the
calculations performed for these
preliminary results to the parties within
five days after the date of publication of
this notice in accordance with 19 CFR
351.224(b).
Because, as noted above, Commerce
intends to verify the information upon
which we will rely in making our final
determination, interested parties may
submit written comments in the form of
case briefs within one week after the
date of issuance of the last verification
report and rebuttal comments in the
form of rebuttal briefs, limited to issues
raised in the case briefs, within seven
days after the time limit for filing case
briefs.15 Parties who submit case briefs
or rebuttal briefs in this proceeding 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. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) the party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
8 See Appendix II of this notice for a full list of
the seven companies.
9 Because no interested 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, we
did not conduct a review of the China-wide entity.
Thus, the rate for the China-wide entity is not
subject to change as a result of this review. 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). The
China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated
Carbon from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 70163 (November 25,
2014).
10 See Preliminary Decision Memorandum.
11 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).
12 In the third administrative review of the Order,
Commerce found that Jacobi Carbons AB, Tianjin
Jacobi International Trading Co. Ltd., and Jacobi
Carbons Industry (Tianjin) Co., Ltd. (collectively,
Jacobi) should be treated as a single entity, 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
antidumping (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). Because there were no facts presented on the
record of this review which would call into
question our prior findings, we continue to treat
these companies as part of a single entity for this
administrative review.
13 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 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).
14 See Memorandum, ‘‘Calculation of the Margin
for Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice;
see also Preliminary Decision Memorandum.
15 See 19 CFR 351.309(c)(1)(ii) and 351.309(d);
see also 19 CFR 351.303 (for general filing
requirements) and Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020) (‘‘To provide adequate time
for release of case briefs via ACCESS, E&C intends
to schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications are in effect).’’).
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
For the respondents that were not
selected for individual examination in
this administrative review but qualified
for a separate rate, we have assigned to
them the weighted-average margin
calculated based on the publicly
available ranged U.S. sales quantities of
the mandatory respondents consistent
with section 735(c)(5)(A) of the Act.14
Disclosure and Public Comment
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case and rebuttal briefs.17 If a request for
a hearing is made, Commerce intends to
hold the hearing at a date and time to
be determined.18 Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions to Commerce must be
filed electronically using ACCESS 19
and must also be served on interested
parties.20 An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time (ET) on the date that the
document is due.
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act, unless this
deadline is extended.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.21 Commerce intends to issue
assessment instructions to CBP 35 days
after the publication date 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 each individually examined
respondent whose (estimated) ad
valorem weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, Commerce will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
quantity of those sales, in accordance
with 19 CFR 351.212(b)(1).22 Commerce
will also calculate (estimated) ad
valorem importer-specific assessment
rates with which to assess whether the
per-unit assessment rate is de
17 See
19 CFR 351.310(c).
19 CFR 351.310(d).
19 See 19 CFR 351.303.
20 See 19 CFR 351.303(f).
21 See 19 CFR 351.212(b)(1).
22 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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18 See
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minimis.23 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem 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 that were not
selected for individual examination in
this administrative review but qualified
for a separate rate, the assessment rate
will be the margin established for these
companies in the final results of this
review.
For the final results, if we continue to
treat the seven companies identified at
Appendix II to this notice as part of the
China-wide entity, we will instruct CBP
to apply a per-unit assessment rate of
$2.42 per kilogram to all entries of
subject merchandise during the POR
which were exported by those
companies.25
For entries that were not reported in
the U.S. sales data submitted by
companies individually examined
during this review, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.26
Additionally, if Commerce determines
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
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, as applicable.
23 For
calculated (estimated) ad valorem
importer-specific assessment rates used in
determining whether the per-unit assessment rate is
de minimis, see Memoranda, ‘‘Preliminary Results
Margin Calculation for Datong Juqiang Activated
Carbon Co., Ltd.’’; and ‘‘Preliminary Results
Calculation Memorandum for Jilin Bright,’’ both
dated concurrently with this notice, and
accompanying Margin Calculation Program Logs
and Output.
24 See 19 CFR 351.106(c)(2).
25 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).
26 See NME Practice for a full discussion.
27 Id.
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Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for 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 each
specific company listed in the final
results of this review, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except
that if the ad valorem rate is de minimis,
then the cash deposit rate will be zero);
(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 existing exporterspecific cash deposit rate; (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 the rate for the
China-wide entity; and (4) for all nonChinese 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 that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary 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 occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: April 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
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IV. Discussion of the Methodology
V. Recommendation
Results to correct the ministerial error
raised by Hyundai Steel.
Appendix II—Companies Preliminarily
Determined To Be Part of the ChinaWide Entity
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and if appropriate, correct any
ministerial error by amending . . . the
final results of review . . . .’’
1. Beijing Pacific Activated Carbon Products
Co., Ltd.
2. Bengbu Modern Environmental Co., Ltd.
3. Carbon Activated Tianjin Co., Ltd.
4. Shanxi DMD Corp.
5. Shanxi Tianxi Purification Filter Co., Ltd.
6. Sinoacarbon International Trading Co.,
Ltd.
7. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2023–09731 Filed 5–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Amended
Final Results of Antidumping Duty
Administrative Review in Part; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative
review, in part, of the antidumping duty
order on certain hot-rolled steel flat
products from the Republic of Korea
(Korea), covering the period of review
(POR) October 1, 2020, through
September 30, 2021, to correct a
ministerial error.
DATES: Applicable May 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams, 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) 482–5166.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
Commerce published the Final
Results of this review in the Federal
Register on April 20, 2023.1 On April
24, 2023, we received a timely
submitted ministerial error allegation
from Hyundai Steel Company (Hyundai
Steel).2 We are amending the Final
1 See Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2020–
2021, 88 FR 24387 (April 20, 2023) (Final Results).
2 See Hyundai Steel’s Letter, ‘‘Hyundai Steel’s
Comments on Ministerial Error in Final Results,’’
dated April 24, 2023.
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Ministerial Error
We agree with Hyundai Steel that
Commerce made a ministerial error in
the Final Results within the meaning of
section 751(h) of the Act and 19 CFR
351.224(f) by inadvertently not updating
the program with revised cost data from
the Final Results when merging it with
U.S. sale data, resulting in an incorrect
margin calculation for Hyundai Steel.
Accordingly, pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to reflect the correction of
this ministerial error in the calculation
of Hyundai Steel’s antidumping duty
margin rate, which changes from 0.88
percent to 0.84 percent.
For a detailed discussion of
Commerce’s analysis, see the Ministerial
Error Memorandum and Amended Final
Results Analysis Memorandum.4
Furthermore, we are amending the rate
for the companies not selected for
individual examination in this review
based on the weighted-average dumping
margins calculated for the mandatory
respondents,5 which changes from 0.88
percent to 0.84 percent.
Amended Final Results of Review
As a result of correcting the
ministerial error described above,
Commerce determines that the
following weighted-average dumping
3 See
19 CFR 351.224(f).
Memoranda, ‘‘Ministerial Error
Memorandum for the Final Results of the
Antidumping Duty Administrative Review; 2020–
2021: Certain Hot-Rolled Steel Flat Products from
the Republic of Korea,’’ dated concurrently with,
and hereby adopted by, this notice (Ministerial
Error Memorandum); and ‘‘Amended Final Results
for Hyundai Steel Company,’’ dated concurrently
with this notice (Amended Final Results Analysis
Memorandum).
5 The margin for the other mandatory respondent,
POSCO (Commerce treated POSCO and POSCO
International Corporation as a single entity) remains
unchanged from the Final Results and continues to
be 0.00 percent.
4 See
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margins exist for the period October 1,
2020, through September 30, 2021:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Hyundai Steel Company .......
0.84
Review-Specific Average Rate
Applicable to the Following Companies:
Producer/exporter
Del Trading Inc .....................
Dongkuk Industries Co., Ltd
Dongkuk Steel Mill Co., Ltd ..
Gs Global Corp .....................
Gs Holdings Corp .................
KG Dongbu Steel Co., Ltd ...
Marubeni-Itochu Steel Korea,
Ltd .....................................
Samsung C and T Corporation ....................................
Snp Ltd .................................
Soon Ho Co., Ltd ..................
Soon Hong Trading Co. Ltd
Sungjin Co., Ltd ....................
Weightedaverage
dumping
margin
(percent)
0.84
0.84
0.84
0.84
0.84
0.84
0.84
0.84
0.84
0.84
0.84
0.84
Disclosure
We intend to disclose the calculations
performed in connection with these
amended final results of review to
parties in this review within five days
after public announcement of the
amended final results, or if there is no
public announcement, within five days
of the date of publication of this notice
in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review.
For Hyundai Steel, we calculated
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales and the total
entered value of those sales in
accordance with 19 CFR 351.212(b)(1).
Where an importer-specific assessment
rate is de minimis (i.e., less than 0.5
percent), the entries by that importer
will be liquidated without regard to
antidumping duties. Because POSCO’s
weighted-average dumping margin was
not changed in these amended final
results, we will continue to instruct CBP
to liquidate POSCO’s entries without
E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29632-29635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09731]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong
Juqiang) and Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright),
exporters of certain activated carbon from the People's Republic of
China (China), sold subject merchandise in the United States at prices
below normal value (NV) during the period of review (POR) April 1,
2021, through March 31, 2022. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable May 8, 2023.
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
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Commerce published the notice of initiation of this administrative
review on June 9, 2022.\1\ On December 15, 2022, Commerce extended the
preliminary results deadline until April 25, 2022.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
15, 2022.
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Scope of the Order 3
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\3\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
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The merchandise subject to the Order is certain activated carbon.
The products are currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 3802.10.00. Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the scope of the Order remains
dispositive.\4\
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\4\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Activated Carbon
from the People's Republic of China; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Continuation of Administrative Review for Carbon Activated Tianjin Co.,
Ltd.
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
September 6, 2022, Carbon Activated Tianjin Co., Ltd. (Carbon
Activated) timely withdrew its request for review.\5\ However, because
there is still an active review request for Carbon Activated,\6\ we are
not rescinding this review with respect to Carbon Activated, pursuant
to 19 CFR 351.213(d)(1).
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\5\ See Carbon Activated's Letter, ``Withdrawal of Request for
Antidumping Administrative Review,'' dated September 6, 2022.
\6\ See Calgon Carbon Corporation and Cabot Norit Americas
Inc.'s (collectively, the petitioners) Letter, ``Petitioners'
Request for Initiation of 15th Annual Administrative Review,'' dated
April 29, 2022, at 2.
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, and the no shipment certifications submitted by Datong
Municipal Yunguang Activated Carbon Co., Ltd., Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd., and Shanxi Dapu International
Trade Co., Ltd., Commerce preliminarily determines that these companies
had no shipments of subject merchandise during the POR.
Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review but instead intend to complete the
review with respect to these three companies for which we have
preliminarily found no shipments and issue appropriate instructions to
CBP based on the final results of the review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Practice).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because China
is an NME country within the meaning of section 771(18) of the Act, NV
has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification
As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to
verify the information upon which we will rely in determining our final
results of review with respect to the two mandatory respondents, Datong
Juqiang and Jilin Bright.
Preliminary Results of the Review
Commerce preliminarily finds that seven companies for which a
review
[[Page 29633]]
was requested, including Carbon Activated,\8\ did not establish
eligibility for a separate rate because they failed to provide either a
separate rate application or separate rate certification. As such, we
preliminarily determine that these seven companies are part of the
China-wide entity.\9\
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\8\ See Appendix II of this notice for a full list of the seven
companies.
\9\ Because no interested 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, we
did not conduct a review of the China-wide entity. Thus, the rate
for the China-wide entity is not subject to change as a result of
this review. 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). The China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated Carbon from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 70163 (November 25, 2014).
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For those companies that have established their eligibility for a
separate rate,\10\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\10\ See Preliminary Decision Memorandum.
\11\ 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).
\12\ In the third administrative review of the Order, Commerce
found that Jacobi Carbons AB, Tianjin Jacobi International Trading
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co., Ltd.
(collectively, Jacobi) should be treated as a single entity,
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
antidumping (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). Because there were no facts presented
on the record of this review which would call into question our
prior findings, we continue to treat these companies as part of a
single entity for this administrative review.
\13\ 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 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).
------------------------------------------------------------------------
Weighted-
average
dumping margin
Exporter (U.S. dollars
per kilogram)
\11\
------------------------------------------------------------------------
Datong Juqiang Activated Carbon Co., Ltd................ 0.36
Jilin Bright Future Chemicals Co., Ltd.................. 0.28
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Review-Specific Rate Applicable to the Following Companies
------------------------------------------------------------------------
Jacobi Carbons AB, Tianjin Jacobi International Trading 0.33
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co.,
Ltd., and Jacobi Adsorbent Materials (Tianjin) Co.,
Ltd.\12\...............................................
Ningxia Huahui Environmental Technology Co., Ltd. 0.33
(formerly Ningxia Huahui Activated Carbon Co., Ltd.)
\13\...................................................
Ningxia Mineral & Chemical Limited...................... 0.33
Shanxi Industry Technology Trading Co., Ltd............. 0.33
Shanxi Sincere Industrial Co., Ltd...................... 0.33
Tancarb Activated Carbon Co., Ltd....................... 0.33
Tianjin Channel Filters Co., Ltd........................ 0.33
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, we have assigned to them the weighted-average margin calculated
based on the publicly available ranged U.S. sales quantities of the
mandatory respondents consistent with section 735(c)(5)(A) of the
Act.\14\
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\14\ See Memorandum, ``Calculation of the Margin for Respondents
Not Selected for Individual Examination,'' dated concurrently with
this notice; see also Preliminary Decision Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties within five days after the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Because, as noted above, Commerce intends to verify the information
upon which we will rely in making our final determination, interested
parties may submit written comments in the form of case briefs within
one week after the date of issuance of the last verification report and
rebuttal comments in the form of rebuttal briefs, limited to issues
raised in the case briefs, within seven days after the time limit for
filing case briefs.\15\ Parties who submit case briefs or rebuttal
briefs in this proceeding 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. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\16\
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\15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d); see also 19
CFR 351.303 (for general filing requirements) and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications are in effect).'').
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) the party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective
[[Page 29634]]
case and rebuttal briefs.\17\ If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined.\18\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed electronically using
ACCESS \19\ and must also be served on interested parties.\20\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due.
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\19\ See 19 CFR 351.303.
\20\ See 19 CFR 351.303(f).
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Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(3)(A) of the Act, unless this
deadline is extended.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\21\ Commerce intends to issue assessment instructions
to CBP 35 days after the publication date 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).
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\21\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent whose (estimated) ad
valorem weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce will calculate importer-specific assessment rates on the basis
of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\22\ Commerce will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit assessment rate is de minimis.\23\ We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific ad valorem assessment
rate calculated in the final results of this review is not zero or de
minimis. Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem 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\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\23\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rate is de minimis, see Memoranda, ``Preliminary Results Margin
Calculation for Datong Juqiang Activated Carbon Co., Ltd.''; and
``Preliminary Results Calculation Memorandum for Jilin Bright,''
both dated concurrently with this notice, and accompanying Margin
Calculation Program Logs and Output.
\24\ See 19 CFR 351.106(c)(2).
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, the assessment rate will be the margin established for these
companies in the final results of this review.
For the final results, if we continue to treat the seven companies
identified at Appendix II to this notice as part of the China-wide
entity, we will instruct CBP to apply a per-unit assessment rate of
$2.42 per kilogram to all entries of subject merchandise during the POR
which were exported by those companies.\25\
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\25\ 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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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\26\ Additionally, if Commerce determines 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\
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\26\ See NME Practice for a full discussion.
\27\ Id.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, as applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
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 each specific
company listed in the final results of this review, the cash deposit
rate will be equal to the weighted-average dumping margin established
in the final results of this review (except that if the ad valorem rate
is de minimis, then the cash deposit rate will be zero); (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 existing exporter-specific cash deposit rate; (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
the rate for the China-wide entity; 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 that supplied that non-Chinese exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary 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 occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: April 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
[[Page 29635]]
IV. Discussion of the Methodology
V. Recommendation
Appendix II--Companies Preliminarily Determined To Be Part of the
China-Wide Entity
1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Bengbu Modern Environmental Co., Ltd.
3. Carbon Activated Tianjin Co., Ltd.
4. Shanxi DMD Corp.
5. Shanxi Tianxi Purification Filter Co., Ltd.
6. Sinoacarbon International Trading Co., Ltd.
7. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2023-09731 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-DS-P
