[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26748-26750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10943]
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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; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on certain
activated carbon from the People's Republic of China (``PRC'') for the
period of review (``POR'') April 1, 2011, through March 31, 2012. The
Department has preliminarily determined that sales have been made below
normal value (``NV''). Additionally, the Department has preliminarily
determined not to revoke the order, in part, with respect to Jacobi
Carbons AB (``Jacobi'').
DATES: Effective Date: May 8, 2013.
FOR FURTHER INFORMATION CONTACT: Bob Palmer, Emeka Chukwudebe, and
Ricardo Martinez Rivera, AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-9068, (202) 482-0219, and (202) 482-4532,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain activated
carbon.\1\ 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.\2\
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\1\ See ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Activated Carbon
from the People's Republic of China,'' (``Preliminary Decision
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, issued concurrently
with this notice, for a complete description of the Scope of the
Order.
\2\ 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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[[Page 26749]]
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Constructed export prices and export prices have been calculated in
accordance with section 772 of the Act. Because the PRC is a non-market
economy (``NME'') within the meaning of section 771(18) of the Act, NV
has been calculated in accordance with section 773(c) of the Act.
Specifically, the mandatory respondent's factors of production
(``FOPs'') (with the exception of steam) have been valued with prices
from a surrogate country which is economically comparable to the PRC
and is a significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum dated concurrently
with these results and hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit (``CRU''), room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Intent Not To Revoke Order In Part
We preliminarily determine \3\ that we should not revoke the Order
in part with respect to Jacobi under section 751 of the Act, because we
find that Jacobi has not satisfied the requirements of 19 CFR
351.222(b).\4\
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\3\ See Preliminary Decision Memorandum, at 5.
\4\ The Department recently modified the section of its
regulations concerning the revocation of antidumping and
countervailing duty orders in whole or in part, but that
modification does not apply to this administrative review as it was
initiated before June 20, 2012. See Modification to Regulation
Concerning the Revocation of Antidumping and Countervailing Duty
Orders, 77 FR 29875 (May 21, 2012). Reference to 19 CFR 351.222(b)
thus refers to the Department's regulations prior to the
modification.
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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 Jacobi.
Preliminary Results of the Review
The Department has determined that the following preliminary
dumping margins exist:
------------------------------------------------------------------------
Margin
(Dollars
Exporter Per
Kilogram)
\5\
------------------------------------------------------------------------
Jacobi Group \6\........................................... 0.56
Ningxia Huahui Activated Carbon Co., Ltd................... 0.29
Calgon Carbon (Tianjin) Co., Ltd........................... 0.43
Datong Juqiang Activated Carbon Co., Ltd................... 0.43
Datong Municipal Yunguang Activated Carbon Co., Ltd........ 0.43
Jilin Bright Future Chemicals Company, Ltd................. 0.43
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.\7\.. 0.43
Ningxia Mineral and Chemical Limited....................... 0.43
Shanxi DMD Corporation..................................... 0.43
Shanxi Sincere Industrial Co., Ltd......................... 0.43
Shanxi Industry Technology Trading Co., Ltd................ 0.43
Sinoacarbon International Trading Co., Ltd................. 0.43
Tancarb Activated Carbon Co., Ltd.......................... 0.43
Tangshan Solid Carbon Co., Ltd............................. 0.43
Tianjin Maijin Industries Co., Ltd......................... 0.43
PRC-Wide Rate \8\.......................................... 2.42
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Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
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\5\ In the second administrative review of this order, the
Department determined that it would calculate per-unit assessment
and cash deposit 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).
\6\ In the third administrative review, the Department found
Jacobi, Tianjin Jacobi International Trading Co. Ltd., and Jacobi
Carbons Industry (Tianjin) (collectively, ``Jacobi Group'') are a
single entity and, because there were no changes to the facts which
supported that decision, we continued to find these companies part
of a single entity in the fourth administrative review. Because
there have been no changes to the facts which supported that
decision in the present review, we will assign this rate to the
companies in the single entity. See Preliminary Decision Memorandum,
at 16, at ``Affiliation and Collapsing''; see also Certain Activated
Carbon From the People's Republic of China: Final Results and
Partial Rescission of Third Antidumping Duty Administrative Review,
76 FR 67142 (October 31, 2011); Certain Activated Carbon From the
People's Republic of China; 2010-2011; Final Results of Antidumping
Duty Administrative Review, 77 FR 67337, 67339 at footnote 22
(November 9, 2012) (``AR4 Carbon'').
\7\ In the first administrative review, the Department found
Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia
Guanghua Cherishmet Activated Carbon Co., Ltd., and Ningxia Guanghua
Activated Carbon Co., Ltd. are a single entity and, because there
were no changes to the facts which supported that decision, we
continued to find these companies to be part of a single entity in
AR4 Carbon. Because there have been no changes to the facts which
supported that decision in the present review, we will assign this
rate to the companies in the single entity. See Certain Activated
Carbon From the People's Republic of China: Notice of Preliminary
Results of the Antidumping Duty Administrative Review and Extension
of Time Limits for the Final Results, 74 FR 21317 (May 7, 2009),
unchanged in First Administrative Review of Certain Activated Carbon
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review, 74 FR 57995 (November 10, 2009); AR4
Carbon, 77 FR at 67339 at footnote 23.
\8\ The PRC-Wide entity includes Datong Locomotive Coal &
Chemicals Co., Ltd., Ningxia Lingzhou Foreign Trade Co., Ltd. and
Shanxi Qixian Foreign Trade Corporation.
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In accordance with 19 CFR 351.301(c)(3)(ii), for the final results
of this administrative review, interested parties may submit publicly
available information to value FOPs within 20 days after the date of
publication of these preliminary results. Interested parties must
provide the Department with supporting documentation for the publicly
available information to value each FOP. Additionally, in accordance
with 19 CFR 351.301(c)(1), for the final results of this administrative
review, interested parties may submit factual information to rebut,
clarify, or correct factual information submitted by an interested
party less than ten days before, on, or after, the applicable deadline
for submission of such factual information. However, the Department
notes that 19 CFR 351.301(c)(1) permits new information only insofar as
it rebuts, clarifies, or corrects information recently placed on the
record. The Department generally cannot accept the submission of
additional, previously absent from the record alternative surrogate
value information pursuant to 19 CFR 351.301(c)(1).\9\ Additionally,
for each piece of factual information submitted with surrogate value
rebuttal comments, the interested party must provide a written
explanation of what information is already on the record of the ongoing
proceeding which the factual information is rebutting, clarifying, or
correcting.
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\9\ See Glycine From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
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Because, as noted above, the Department intends to verify the
[[Page 26750]]
information upon which we will rely in making our final determination,
the Department will establish the briefing schedule at a later time,
and will notify parties of the schedule in accordance with 19 CFR
351.309. Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\10\
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\10\ See 19 CFR 351.309(c) and (d).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
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 to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., is 0.50 percent or more) in
the final results of this review, the Department 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 entered value of sales, in accordance with 19 CFR
351.212(b)(1).\12\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For those companies not assigned a separate rate from a prior segment
of the proceeding, the Department has stated that they are not separate
from the PRC-wide entity and that the administrative review will
continue for these companies.\13\
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\11\ See 19 CFR 351.212(b).
\12\ In these preliminary results, the Department 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).
\13\ See footnote 6.
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\14\
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\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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
duties, where 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 the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For each specific
company listed above, the cash deposit rate will be that established in
the final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC 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 PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity; and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporter that supplied that non-PRC 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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: May 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Respondent Selection
2. Questionnaires
3. Scope of the Order
4. Request for Revocation, In Part
5. Withdrawal of Request for Review
6. Non-Market Economy Country
7. Separate Rates
8. Separate Rate Calculation
9. PRC--Wide Entity
10. Surrogate Country and Surrogate Value Data
11. Surrogate Country
12. Economic Comparability
13. Significant Producers of Comparable Merchandise
14. Data Availability
15. Affiliations and Collapsing
16. Facts Available for NV
17. Date of Sale
18. Comparisons to Normal Value
19. U.S. Price
20. Normal Value
21. Use of Facts Available and Adverse Facts Available for EP/CEP
22. Currency Conversion
[FR Doc. 2013-10943 Filed 5-7-13; 8:45 am]
BILLING CODE 3510-DS-P