Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 35797-35800 [2024-09582]

Download as PDF Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices 26, 2024; ACCESS scope segment ‘‘SCO—Allied Wheel III.’’ khammond on DSKJM1Z7X2PROD with NOTICES Notification to Interested Parties This list of scope ruling applications is not an identification of scope inquiries that have been initiated. In accordance with 19 CFR 351.225(d)(1), if Commerce has not rejected a scope ruling application nor initiated the scope inquiry within 30 days after the filing of the application, the application will be deemed accepted and a scope inquiry will be deemed initiated the following day—day 31.5 Commerce’s practice generally dictates that where a deadline falls on a weekend, Federal holiday, or other non-business day, the appropriate deadline is the next business day.6 Accordingly, if the 30th day after the filing of the application falls on a non-business day, the next business day will be considered the ‘‘updated’’ 30th day, and if the application is not rejected or a scope inquiry initiated by or on that particular business day, the application will be deemed accepted and a scope inquiry will be deemed initiated on the next business day which follows the ‘‘updated’’ 30th day.7 In accordance with 19 CFR 351.225(m)(2), if there are companion AD and CVD orders covering the same merchandise from the same country of origin, the scope inquiry will be conducted on the record of the AD proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), Commerce may either apply a scope ruling to all products from the same country with the same relevant physical characteristics, (including chemical, dimensional, and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter, or importer of those products, or on a companyspecific basis. For further information on procedures for filing information with Commerce through ACCESS and participating in 5 In accordance with 19 CFR 351.225(d)(2), within 30 days after the filing of a scope ruling application, if Commerce determines that it intends to address the scope issue raised in the application in another segment of the proceeding (such as a circumvention inquiry under 19 CFR 351.226 or a covered merchandise inquiry under 19 CFR 351.227), it will notify the applicant that it will not initiate a scope inquiry, but will instead determine if the product is covered by the scope at issue in that alternative segment. 6 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 7 This structure maintains the intent of the applicable regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be separate business days. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 scope inquiries, please refer to the Filing Instructions section of the Scope Ruling Application Guide, at https:// access.trade.gov/help/Scope_Ruling_ Guidance.pdf. Interested parties, apart from the scope ruling applicant, who wish to participate in a scope inquiry and be added to the public service list for that segment of the proceeding must file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments. Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated. Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce’s procedures.8 Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to James Maeder, Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to CommerceCLU@trade.gov. This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3). Dated: April 26, 2024. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–09518 Filed 5–1–24; 8:45 am] BILLING CODE 3510–DS–P 8 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 35797 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; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that certain activated carbon (activated carbon) from the People’s Republic of China (China) was sold in the United States at prices below normal value (NV) during the period of review (POR), April 1, 2022, through March 31, 2023. We invite interested parties to comment on these preliminary results of review. DATES: Applicable May 2, 2024. FOR FURTHER INFORMATION CONTACT: Andrew Hart or Katie Smith, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1058 or (202) 482–0557, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 27, 2007, Commerce published in the Federal Register the antidumping duty (AD) order on activated carbon from China.1 On April 4, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order, covering the POR, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).2 On June 12, 2023, based on timely requests for review from certain interested parties,3 1 See Notice of Antidumping and Countervailing Duty Order: Certain Activated Carbon from the People’s Republic of China: Antidumping and Countervailing Duty Orders, 72 FR 20988 (April 27, 2007) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 199616 (April 4, 2023). 3 See Carbon Activated Tianjin Co., Ltd. (CA Tianjin)’s Letter, ‘‘Request for Antidumping Administrative Review,’’ dated April 26, 2023; see also, Ningxia Huahui Environmental Technology Co., Ltd. (Huahui)’s Letter, ‘‘Request for Administrative Review,’’ dated April 27, 2023; Ningxia Mineral & Chemical Limited (Ningxia Minerals)’s Letter, ‘‘Request for Administrative Review,’’ dated April 27, 2023; Tancarb Activated Carbon Co., Ltd.’s Letter (Tancarb), ‘‘Request for Administrative Review,’’ dated April 27, 2023; E:\FR\FM\02MYN1.SGM Continued 02MYN1 35798 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices Commerce initiated an administrative review of the Order covering the POR.4 The administrative review covers 20 companies including the two mandatory respondents, Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright) and Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. (GHC). On December 6, 2023, Commerce extended the deadline for the preliminary results of this review until April 26, 2024.5 Scope of the Order The product covered by the Order is activated carbon from China. For a full description of the scope of the Order, see the Preliminary Decision Memorandum.6 Separate Rates Commerce preliminarily determines that Jilin Bright and GHC, the companies individually examined in this review, and the 12 companies, not individually examined and listed in Appendix II to this notice, are eligible to receive separate rates in this administrative review.7 The Act and Commerce’s regulations do not address the establishment of a separate rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for separate rate respondents which Commerce did not examine individually in an administrative review. Section 735(c)(5)(A) of the Act states that the allothers rate should be calculated by averaging the weighted-average dumping margins calculated for individually-examined respondents, excluding dumping margins that are zero, de minimis, or based entirely on facts available. For the preliminary results of this review, Commerce determined the estimated dumping margins for Jilin Bright and GHC are $2.01/kg and $1.17/ kg respectively. For the reasons explained in the Preliminary Decision Memorandum, we are assigning to the 12 non-examined respondents which qualify for a separate rate in this review, an estimated dumping margin of $1.43/ kg, consistent with Commerce’s practice and section 735(c)(5)(A) of the Act. China-Wide Entity Under Commerce’s policy regarding the conditional review of the Chinawide entity,8 the China-wide entity will not be under review unless a party specifically requests, or Commerce selfinitiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity’s rate (i.e., $2.42/kilogram) is not subject to change.9 For the reasons explained in the Preliminary Decision Memorandum, Commerce considers certain companies for which a review was requested and which did not demonstrate separate rate eligibility, listed in Appendix II to this notice, to be part of the China-wide entity.10 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. We calculated export price in accordance with section 772 of the Act. Because China is a non-market economy country within the meaning of section 771(18) of the Act, we calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum.11 A list of topics discussed in the Preliminary Decision Memorandum is included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Preliminary Results of Review For companies that established their eligibility for a separate rate,12 Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist for the period April 1, 2022, through March 31, 2023: 13 Weighted-average dumping margin (U.S. dollars per kilogram) 14 Exporter khammond on DSKJM1Z7X2PROD with NOTICES Jilin Bright Future Chemicals Co., Ltd. ........................................................................................................................................ Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. ....................................................................................................... Review-Specific Rate Applicable For Non-Selected Companies Under Review 15 .................................................................... Calgon Carbon Corporation and Norit Americas Inc. (the petitioners)’s Letter, ‘‘Petitioners’ Request for Initiation of 16th Annual Administrative Review,’’ dated April 28, 2023; Shanxi Sincere Industrial Co., Ltd. (Shanxi Sincere)’s and Tianjin Channel Filters Co., Ltd. (Tianjin Channel Filters)’s Letter, ‘‘Request for Administrative Review,’’ dated April 28, 2023; Jacobi Carbons Tianjin International Trade Co., Ltd., and Jacobi Absorbent Materials Co., Ltd. (collectively, Jacobi Carbons AB and Affiliates)’ Letter, ‘‘Jacobi’s Request for Administrative Review,’’ dated April 28, 2023 (We also received a review request for Jacobi Carbons, Inc.; however, Jacobi Carbons, Inc. is a U.S. affiliate of Jacobi Carbons AB as such, this company was not included in the Initiation Notice); Datong Hongdi Carbon Co., Ltd. (Datong Hongdi)’s Letter, ‘‘AD Request for Review,’’ dated April 28, 2023; Bengbu Modern Environmental Co., Ltd. (Bengbu)’s Letter, ’’ AD Request for Review,’’ dated April 28, 2023; Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright)’s Letter, ‘‘Request for Administrative VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 Review,’’ dated May 1, 2023; Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang)’s, Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (GHC)’s, Datong Municipal Yunguang Activated Carbon Co., Ltd. (Datong Municipal)’s, and Shanxi Industry Technology Trading Co., Ltd. (Shanxi Industry)’s Letter, ‘‘Request for Antidumping Administrative Review,’’ dated May 1, 2023; and Petitioners’ Letter, ‘‘Supplement to Petitioners’ Request for Initiation of 16th Annual Administrative Review,’’ dated May 1, 2023. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation Notice). 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated December 6, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2022–2023 Administrative Review of the Antidumping Duty Order on Certain Activated Carbon from the People’s Republic of China,’’ dated concurrently PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 2.01 1.17 1.43 with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 See Appendix II; see also Preliminary Decision Memorandum at ‘‘Separate Rate Recipients’’ section. 8 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 (November 4, 2013). 9 See Order. 10 See Appendix II for the list of companies that are subject to this administrative review that are considered to be part of the China-wide entity. 11 See Preliminary Decision Memorandum at ‘‘Discussion of the Methodology’’ section. 12 See Preliminary Decision Memorandum 13 See Appendix II for the list of companies under review receiving a separate rate. E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices Disclosure and Public Comment khammond on DSKJM1Z7X2PROD with NOTICES Commerce intends to disclose the calculations performed for these preliminary results to interested parties within five days after public announcement, or if there is no public announcement, within five days of the date of publication of this notice in the Federal Register.16 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.17 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.18 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.19 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.20 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its 14 In the second administrative review of the Order, Commerce determined that it would calculate per-unit weighted-average dumping margins and assessment amounts 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). 15 See Appendix II. 16 See 19 CFR 351.224(b). 17 See 19 CFR 351.303 (for general filing requirements). 18 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). 19 See 19 CFR 351.309(c)(2) and (d)(2). 20 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 requirements pertaining to the service of documents in 19 CFR 351.303(f).21 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, filed electronically via ACCESS. 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. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. If a request for a hearing is made, Commerce intends to hold a hearing at a time and date to be determined.22 Parties should confirm the date, time, and location of the hearing two days before the scheduled date. All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed using ACCESS.23 An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. Assessment Rates 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 this review. Upon completion of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.24 If the individually examined respondents’ weighted-average dumping margins are above de minimis (i.e., 0.50 percent) in the final results of this review, we will calculate importerspecific per-unit assessment rates for each respondent by dividing the total amount of dumping calculated for examined sales to the importer or customer by the total sales quantity associated with those transactions. Where an importer-specific or customerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 21 See APO and Service Final Rule, 88 FR at 67077. 22 See 19 CFR 351.310(d). 23 See 19 CFR 351.303. 24 See 19 CFR 351.212(b)(1). PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 35799 For entries that were not reported in the U.S. sales database submitted by each mandatory respondent individually examined during this review, Commerce will instruct CBP to liquidate such entries at the China-wide rate.25 For the respondents that were not selected for individual examination in this administrative review but qualified for a separate rate, the per unit assessment rate will be the rate established for these companies in the final results of review. For the final results of this review, if we continue to treat the six companies identified in Appendix II to this notice as part of the China-wide entity, we will instruct CBP to apply the China-wide per-unit assessment rate to all entries of subject merchandise during the POR which were exported by those companies. 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). Cash Deposit Requirements The following 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 for by section 751(a)(2)(C) of the Act: (1) for the subject merchandise exported by the companies listed above that have a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this administrative review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific 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 25 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). E:\FR\FM\02MYN1.SGM 02MYN1 35800 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices be that for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own 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 reminder to importers of their responsibility under 19 CFR 351.402(f) 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 We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.213 and 19 CFR 351.221(b)(4). Dated: April 26, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Methodology V. Currency Conversion VI. Recommendation khammond on DSKJM1Z7X2PROD with NOTICES Appendix II Review-Specific Rate Applicable for NonSelected Companies Under Review 1. Bengbu Modern Environmental Co., Ltd. 2. Carbon Activated Tianjin Co., Ltd. 3. Datong Hongdi Carbon Co., Ltd. 4. Datong Juqiang Activated Carbon Co., Ltd. 5. Datong Municipal Yunguang Activated Carbon Co., Ltd. 6. Jacobi Carbons AB; Jacobi Carbons Industry (Tianjin) Co., Ltd.; Tianjin Jacobi International Trading Co. Ltd.; Jacobi Adsorbent Materials 7. Ningxia Huahui Environmental Technology Co., Ltd. 8. Ningxia Mineral & Chemical Limited 9. Shanxi Industry Technology Trading Co., Ltd. 10. Shanxi Sincere Industrial Co., Ltd. 11. Tancarb Activated Carbon Co., Ltd. 12. Tianjin Channel Filters Co., Ltd. Companies Considered To Be Part of the China-Wide Entity 1. Beijing Pacific Activated Carbon Products VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 Co., Ltd. 2. Shanxi Dapu International Trade Co., Ltd. 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. 2024–09582 Filed 5–1–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–714–001] Phosphate Fertilizers From the Kingdom of Morocco: Preliminary Results of the Countervailing Duty Administrative Review, 2022 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of phosphate fertilizers from the Kingdom of Morocco (Morocco). The period of review (POR) is January 1, 2022, through December 31, 2022. DATES: Applicable May 2, 2024. FOR FURTHER INFORMATION CONTACT: Robert Palmer or Jaron Moore, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068 or (202) 482–3640, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 28, 2023, we received a request from The Mosaic Company (the petitioner) to conduct an administrative review with respect to OCP S.A. (OCP).1 On June 12, 2023, Commerce published a notice of initiation of an administrative review of the countervailing duty (CVD) order on phosphate fertilizers from Morocco.2 On December 12, 2023, Commerce extended the deadline for the preliminary results of this review until April 26, 2024.3 For a complete description of the events that followed the initiation of 1 See Petitioner’s Letter, ‘‘Request for Countervailing Duty Administrative Review,’’ dated April 28, 2023. 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation Notice). 3 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of the 2020–2021 Countervailing Duty Administrative Review,’’ dated December 12, 2023. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 this review, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included at the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx/. Scope of the Order The merchandise covered by the order is phosphate fertilizers. For a complete description of the scope of the order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following net countervailable subsidy rate for the period January 1, 2022, through December 31, 2022: Producer/exporter Subsidy rate (percent ad valorem) OCP S.A.6 ............................ 14.21 Disclosure and Public Comment Commerce intends to disclose its calculations performed to interested 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Phosphate Fertilizers from the Kingdom of Morocco; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 6 As discussed in the Preliminary Decision Memorandum, Commerce preliminarily finds the following companies to be cross-owned with OCP S.A.: Nutircrops S.A.; Jorf Fertilizers Company I; Jorf Fertilizers Company II; Jorf Fertilizers Company III; Jorf Fertilizers Company IV; and Jorf Fertilizers Company V. E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35797-35800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09582]


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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; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain activated carbon (activated carbon) from the People's 
Republic of China (China) was sold in the United States at prices below 
normal value (NV) during the period of review (POR), April 1, 2022, 
through March 31, 2023. We invite interested parties to comment on 
these preliminary results of review.

DATES: Applicable May 2, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart or Katie Smith, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1058 or (202) 482-0557, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2007, Commerce published in the Federal Register the 
antidumping duty (AD) order on activated carbon from China.\1\ On April 
4, 2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order, covering 
the POR, pursuant to section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act).\2\ On June 12, 2023, based on timely requests for 
review from certain interested parties,\3\

[[Page 35798]]

Commerce initiated an administrative review of the Order covering the 
POR.\4\ The administrative review covers 20 companies including the two 
mandatory respondents, Jilin Bright Future Chemicals Co., Ltd. (Jilin 
Bright) and Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. 
(GHC). On December 6, 2023, Commerce extended the deadline for the 
preliminary results of this review until April 26, 2024.\5\
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    \1\ See Notice of Antidumping and Countervailing Duty Order: 
Certain Activated Carbon from the People's Republic of China: 
Antidumping and Countervailing Duty Orders, 72 FR 20988 (April 27, 
2007) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 199616 (April 4, 
2023).
    \3\ See Carbon Activated Tianjin Co., Ltd. (CA Tianjin)'s 
Letter, ``Request for Antidumping Administrative Review,'' dated 
April 26, 2023; see also, Ningxia Huahui Environmental Technology 
Co., Ltd. (Huahui)'s Letter, ``Request for Administrative Review,'' 
dated April 27, 2023; Ningxia Mineral & Chemical Limited (Ningxia 
Minerals)'s Letter, ``Request for Administrative Review,'' dated 
April 27, 2023; Tancarb Activated Carbon Co., Ltd.'s Letter 
(Tancarb), ``Request for Administrative Review,'' dated April 27, 
2023; Calgon Carbon Corporation and Norit Americas Inc. (the 
petitioners)'s Letter, ``Petitioners' Request for Initiation of 16th 
Annual Administrative Review,'' dated April 28, 2023; Shanxi Sincere 
Industrial Co., Ltd. (Shanxi Sincere)'s and Tianjin Channel Filters 
Co., Ltd. (Tianjin Channel Filters)'s Letter, ``Request for 
Administrative Review,'' dated April 28, 2023; Jacobi Carbons 
Tianjin International Trade Co., Ltd., and Jacobi Absorbent 
Materials Co., Ltd. (collectively, Jacobi Carbons AB and 
Affiliates)' Letter, ``Jacobi's Request for Administrative Review,'' 
dated April 28, 2023 (We also received a review request for Jacobi 
Carbons, Inc.; however, Jacobi Carbons, Inc. is a U.S. affiliate of 
Jacobi Carbons AB as such, this company was not included in the 
Initiation Notice); Datong Hongdi Carbon Co., Ltd. (Datong Hongdi)'s 
Letter, ``AD Request for Review,'' dated April 28, 2023; Bengbu 
Modern Environmental Co., Ltd. (Bengbu)'s Letter, '' AD Request for 
Review,'' dated April 28, 2023; Jilin Bright Future Chemicals Co., 
Ltd. (Jilin Bright)'s Letter, ``Request for Administrative Review,'' 
dated May 1, 2023; Datong Juqiang Activated Carbon Co., Ltd. (Datong 
Juqiang)'s, Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
(GHC)'s, Datong Municipal Yunguang Activated Carbon Co., Ltd. 
(Datong Municipal)'s, and Shanxi Industry Technology Trading Co., 
Ltd. (Shanxi Industry)'s Letter, ``Request for Antidumping 
Administrative Review,'' dated May 1, 2023; and Petitioners' Letter, 
``Supplement to Petitioners' Request for Initiation of 16th Annual 
Administrative Review,'' dated May 1, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation 
Notice).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
6, 2023.
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Scope of the Order

    The product covered by the Order is activated carbon from China. 
For a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Certain Activated Carbon from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Separate Rates

    Commerce preliminarily determines that Jilin Bright and GHC, the 
companies individually examined in this review, and the 12 companies, 
not individually examined and listed in Appendix II to this notice, are 
eligible to receive separate rates in this administrative review.\7\
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    \7\ See Appendix II; see also Preliminary Decision Memorandum at 
``Separate Rate Recipients'' section.
---------------------------------------------------------------------------

    The Act and Commerce's regulations do not address the establishment 
of a separate rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for separate rate 
respondents which Commerce did not examine individually in an 
administrative review. Section 735(c)(5)(A) of the Act states that the 
all-others rate should be calculated by averaging the weighted-average 
dumping margins calculated for individually-examined respondents, 
excluding dumping margins that are zero, de minimis, or based entirely 
on facts available.
    For the preliminary results of this review, Commerce determined the 
estimated dumping margins for Jilin Bright and GHC are $2.01/kg and 
$1.17/kg respectively. For the reasons explained in the Preliminary 
Decision Memorandum, we are assigning to the 12 non-examined 
respondents which qualify for a separate rate in this review, an 
estimated dumping margin of $1.43/kg, consistent with Commerce's 
practice and section 735(c)(5)(A) of the Act.

China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\8\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., $2.42/kilogram) is not subject to change.\9\ For 
the reasons explained in the Preliminary Decision Memorandum, Commerce 
considers certain companies for which a review was requested and which 
did not demonstrate separate rate eligibility, listed in Appendix II to 
this notice, to be part of the China-wide entity.\10\
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    \8\ 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 (November 4, 2013).
    \9\ See Order.
    \10\ See Appendix II for the list of companies that are subject 
to this administrative review that are considered to be part of the 
China-wide entity.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export price in accordance with 
section 772 of the Act. Because China is a non-market economy country 
within the meaning of section 771(18) of the Act, we calculated NV in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
preliminary results, see the Preliminary Decision Memorandum.\11\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \11\ See Preliminary Decision Memorandum at ``Discussion of the 
Methodology'' section.
---------------------------------------------------------------------------

Preliminary Results of Review

    For companies that established their eligibility for a separate 
rate,\12\ Commerce preliminarily determines that the following 
estimated weighted-average dumping margins exist for the period April 
1, 2022, through March 31, 2023: \13\
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    \12\ See Preliminary Decision Memorandum
    \13\ See Appendix II for the list of companies under review 
receiving a separate rate.

------------------------------------------------------------------------
                                                       Weighted-average
                                                        dumping margin
                      Exporter                         (U.S. dollars per
                                                        kilogram) \14\
------------------------------------------------------------------------
Jilin Bright Future Chemicals Co., Ltd..............                2.01
Ningxia Guanghua Cherishmet Activated Carbon Co.,                   1.17
 Ltd................................................
Review-Specific Rate Applicable For Non-Selected                    1.43
 Companies Under Review \15\........................
------------------------------------------------------------------------


[[Page 35799]]

Disclosure and Public Comment
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    \14\ In the second administrative review of the Order, Commerce 
determined that it would calculate per-unit weighted-average dumping 
margins and assessment amounts 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).
    \15\ See Appendix II.
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    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days after public 
announcement, or if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register.\16\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\17\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\18\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\19\
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    \17\ See 19 CFR 351.303 (for general filing requirements).
    \18\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\20\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\21\
---------------------------------------------------------------------------

    \20\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \21\ See APO and Service Final Rule, 88 FR at 67077.
---------------------------------------------------------------------------

    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, filed electronically via 
ACCESS. 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. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice. If a 
request for a hearing is made, Commerce intends to hold a hearing at a 
time and date to be determined.\22\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \22\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\23\ An electronically-
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.303.
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Assessment Rates

    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 this review. 
Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\24\
---------------------------------------------------------------------------

    \24\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If the individually examined respondents' weighted-average dumping 
margins are above de minimis (i.e., 0.50 percent) in the final results 
of this review, we will calculate importer-specific per-unit assessment 
rates for each respondent by dividing the total amount of dumping 
calculated for examined sales to the importer or customer by the total 
sales quantity associated with those transactions. Where an importer-
specific or customer-specific assessment rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    For entries that were not reported in the U.S. sales database 
submitted by each mandatory respondent individually examined during 
this review, Commerce will instruct CBP to liquidate such entries at 
the China-wide rate.\25\
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    \25\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the per unit assessment rate will be the rate established for 
these companies in the final results of review.
    For the final results of this review, if we continue to treat the 
six companies identified in Appendix II to this notice as part of the 
China-wide entity, we will instruct CBP to apply the China-wide per-
unit assessment rate to all entries of subject merchandise during the 
POR which were exported by those companies.
    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).

Cash Deposit Requirements

    The following 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 for by section 751(a)(2)(C) of the Act: (1) for the subject 
merchandise exported by the companies listed above that have a separate 
rate, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of this administrative 
review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific 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

[[Page 35800]]

be that for the China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
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 reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 
CFR 351.213 and 19 CFR 351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation

Appendix II

Review-Specific Rate Applicable for Non-Selected Companies Under Review

1. Bengbu Modern Environmental Co., Ltd.
2. Carbon Activated Tianjin Co., Ltd.
3. Datong Hongdi Carbon Co., Ltd.
4. Datong Juqiang Activated Carbon Co., Ltd.
5. Datong Municipal Yunguang Activated Carbon Co., Ltd.
6. Jacobi Carbons AB; Jacobi Carbons Industry (Tianjin) Co., Ltd.; 
Tianjin Jacobi International Trading Co. Ltd.; Jacobi Adsorbent 
Materials
7. Ningxia Huahui Environmental Technology Co., Ltd.
8. Ningxia Mineral & Chemical Limited
9. Shanxi Industry Technology Trading Co., Ltd.
10. Shanxi Sincere Industrial Co., Ltd.
11. Tancarb Activated Carbon Co., Ltd.
12. Tianjin Channel Filters Co., Ltd.

Companies Considered To Be Part of the China-Wide Entity

1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Shanxi Dapu International Trade Co., Ltd.
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. 2024-09582 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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