[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16654-16655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06033]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``the Department'') and the International Trade Commission
(``ITC'') that revocation of the antidumping duty order on certain
activated carbon from the People's Republic of China (``PRC'') would
likely lead to a continuation or recurrence of dumping and material
injury to an industry in the United States, the Department is
publishing a notice of continuation of the antidumping duty order.
DATES: Effective Date: March 18, 2013.
FOR FURTHER INFORMATION: Bob Palmer, AD/CVD Operations, Office 9,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-9068.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2012, the Department initiated a sunset review of the
antidumping duty order on certain activated carbon from the PRC,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act'').\1\ As a result of its review, the Department determined that
revocation of the antidumping duty order on certain activated carbon
from the PRC would likely lead to a continuation or recurrence of
dumping and, therefore, notified the ITC of the magnitude of the
margins likely to prevail should the order be revoked.\2\ On March 1,
2013, the ITC published its determination, pursuant to section 751(c)
of the Act, that revocation of the antidumping duty order on certain
activated carbon from the PRC would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\3\
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\1\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 12562
(March 1, 2012).
\2\ See Certain Activated Carbon From the People's Republic of
China: Final Results of the Expedited Sunset Review of the
Antidumping Duty Order, 77 FR 33420 (June 6, 2012).
\3\ See Certain Activated Carbon from China: Determination, 78
FR 13894 (March 1, 2013); see also Certain Activated Carbon from
China: Investigation No. 731-TA-1103 USITC Publication 4381
(February 2013).
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[[Page 16655]]
Scope of the Order
The merchandise subject to the order is certain activated carbon.
Certain activated carbon is a powdered, granular, or pelletized carbon
product obtained by ``activating'' with heat and steam various
materials containing carbon, including but not limited to coal
(including bituminous, lignite, and anthracite), wood, coconut shells,
olive stones, and peat. The thermal and steam treatments remove organic
materials and create an internal pore structure in the carbon material.
The producer can also use carbon dioxide gas (CO2) in place
of steam in this process. The vast majority of the internal porosity
developed during the high temperature steam (or CO2 gas)
activated process is a direct result of oxidation of a portion of the
solid carbon atoms in the raw material, converting them into a gaseous
form of carbon.
The scope of the order covers all forms of activated carbon that
are activated by steam or CO2, regardless of the raw
material, grade, mixture, additives, further washing or post-activation
chemical treatment (chemical or water washing, chemical impregnation or
other treatment), or product form. Unless specifically excluded, the
scope of the order covers all physical forms of certain activated
carbon, including powdered activated carbon (``PAC''), granular
activated carbon (``GAC''), and pelletized activated carbon.
Excluded from the scope of the order are chemically activated
carbons. The carbon-based raw material used in the chemical activation
process is treated with a strong chemical agent, including but not
limited to phosphoric acid, zinc chloride, sulfuric acid or potassium
hydroxide, that dehydrates molecules in the raw material, and results
in the formation of water that is removed from the raw material by
moderate heat treatment. The activated carbon created by chemical
activation has internal porosity developed primarily due to the action
of the chemical dehydration agent. Chemically activated carbons are
typically used to activate raw materials with a lignocellulosic
component such as cellulose, including wood, sawdust, paper mill waste
and peat.
To the extent that an imported activated carbon product is a blend
of steam and chemically activated carbons, products containing 50
percent or more steam (or CO2 gas) activated carbons are
within the scope, and those containing more than 50 percent chemically
activated carbons are outside the scope. This exclusion language
regarding blended material applies only to mixtures of steam and
chemically activated carbons.
Also excluded from the scope are reactivated carbons. Reactivated
carbons are previously used activated carbons that have had adsorbed
materials removed from their pore structure after use through the
application of heat, steam and/or chemicals.
Also excluded from the scope is activated carbon cloth. Activated
carbon cloth is a woven textile fabric made of or containing activated
carbon fibers. It is used in masks and filters and clothing of various
types where a woven format is required.
Any activated carbon meeting the physical description of subject
merchandise provided above that is not expressly excluded from the
scope is included within the scope. The products subject to the order
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 is dispositive.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
order on certain activated carbon from the PRC. U.S. Customs and Border
Protection will continue to collect antidumping duty cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of the order will
be the date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year review of the order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
This five-year (``sunset'') review and this notice are in
accordance with section 751(c) of the Act and published pursuant to
section 777(i)(1) of the Act.
Dated: March 11, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-06033 Filed 3-15-13; 8:45 am]
BILLING CODE 3510-DS-P