[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70533-70536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28359]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
Preliminary Results of the fifth antidumping duty administrative review
on certain activated carbon from the People's Republic of China
(``PRC'') on May 8, 2013,\1\ in which we gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments and information received, we made changes to
the margin calculations for these final results of the antidumping duty
administrative review. The final weighted-average dumping margins are
listed below in the ``Final Results of the Reviews'' section of this
notice. The period of review (``POR'') is April 1, 2011, through March
31, 2012.
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\1\ See Certain Activated Carbon From the People's Republic of
China: Preliminary Results of the Fourth Antidumping Duty
Administrative Review; 2011-2012, 78 FR 26748 (May 8, 2013)
(``Preliminary Results'').
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DATES: Effective Date: November 26, 2013.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Emeka Chukwudebe, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
9068, or (202) 482-0219, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on May 8, 2012.\2\
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.\3\ On June 5, 2013, the Department
fully extended the time limit for completion of the final results of
this administrative review.\4\ On August 29, 2013, the Department
extended the deadline for interested parties to submit case briefs and
rebuttal briefs to September 5, 2013, and September 11, 2013,
respectively. On September 5, 2013, Petitioners,\5\ Albemarle,\6\
Cherishmet,\7\ Calgon Tianjin,\8\ Huahui,\9\ and Jacobi \10\ submitted
case briefs.\11\ On September 6, 2013, the Department extended the
rebuttal brief deadline to September 13, 2013. On September 13, 2013,
[[Page 70534]]
Petitioners, Albemarle, and Huahui submitted rebuttal briefs.\12\
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\2\ See id.
\3\ See id., 78 FR at 26749.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations, through
James Doyle, Office Director, Office 9, Antidumping and
Countervailing Duty Operations, from Bob Palmer, International Trade
Compliance Analyst, Office 9, Antidumping and Countervailing Duty
Operations: Certain Activated Carbon from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, dated June 5, 2013.
\5\ Calgon Carbon Corporation and Cabot Norit Americas Inc.
(collectively, ``Petitioners'').
\6\ Albemarle Corporation (``Albemarle'').
\7\ Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia
Guanghua Cherishmet Activated Carbon Co., Ltd., and Cherishmet Inc.,
(collectively, ``Cherishmet'').
\8\ Calgon Carbon (Tianjin) Co., Ltd. (``Calgon Tianjin'').
\9\ Ningxia Huahui Activated Carbon Co., Ltd. (``Huahui'').
\10\ Jacobi Carbons AB and its affiliates, Tianjin Jacobi
International Trading Co. Ltd., Jacobi Carbons Industry (Tianjin)
Co., Ltd., and Jacobi Carbons, Inc. (collectively, ``Jacobi'').
\11\ Jacobi Carbons AB and its affiliates, Tianjin Jacobi
International Trading Co. Ltd., Jacobi Carbons Industry (Tianjin)
Co., Ltd., and Jacobi Carbons, Inc. (collectively, ``Jacobi'').
Carbon Activated Corporation, a U.S. importer domestic interested
party, submitted a letter supporting respondents' case brief
arguments.
\12\ See Petitioners' Rebuttal Brief, dated September 13, 2013
and Albemarle/Huahui's Rebuttal Brief, dated September 13, 2013.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\13\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the final results of this review is now
November 20, 2013.
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\13\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Verification
Pursuant to 19 CFR 351.307(b)(iv), we conducted verification of
Jacobi's section C questionnaire responses.\14\
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\14\ See ``Memorandum to the File through Catherine Bertrand,
Program Manager, Office 9, from Emeka Chukwudebe, International
Trade Analyst, Office 9, and Robert Palmer, Senior International
Trade Analyst, Office 9, re: ``Verification of the CEP Sales
Response of Jacobi Carbons AB in the Antidumping Duty Administrative
Review of Certain Activated Carbon from the People's Republic of
China,'' dated August 7, 2013.
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Final Determination Not To Revoke Order in Part
In the Preliminarily Results, we announced our intention to not
revoke the Order in part with respect to Jacobi under section 751 of
the Tariff Act Of 1930, as amended (``the Act''), because we find that
Jacobi has not satisfied the requirements of 19 CFR 351.222(b).\15\ We
have received no further information following the issuance of the
Preliminary Results that would warrant revocation of the order with
regard to Jacobi. No parties have commented on our preliminary decision
not to revoke the Order in part. Therefore, we will not revoke the
Order with respect to Jacobi because they have not met the regulatory
criteria for revocation set forth in 19 CFR 351.222(b).\16\
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\15\ See Preliminary Results, 78 FR at 26749; see also Notice of
Antidumping Duty Order: Certain Activated Carbon from the People's
Republic of China, 72 FR 20988 (April 27, 2007) (``Order'').
\16\ 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. 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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Scope of the Order
The merchandise subject to the Order is certain activated
carbon.\17\ 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.\18\
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\17\ See Certain Activated Carbon from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
Fifth Antidumping Duty Administrative Review,'' (``Issues & Decision
Memo'') dated concurrently with this notice for a complete
description of the Scope of the Order.
\18\ See Order.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues & Decision Memo. A list of the issues which
parties raised is attached to this notice as an Appendix. The Issues &
Decision Memo is a public document and is on file in the Central
Records Unit (``CRU''), Room 7046 of the main Department of Commerce
building, as well as electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and it is available to all parties in the
CRU. In addition, a complete version of the Issues & Decision Memo can
be accessed directly on the internet at http://trade.gov/enforcement.
The signed Issues & Decision Memo and the electronic version of the
Issues & Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
certain revisions to the margin calculations for Jacobi, Huahui, and
the non-examined, separate rate respondents.\19\ Further, the Surrogate
Values Memo \20\ contains descriptions of our changes to the surrogate
values.
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\19\ See Issues & Decision Memo and the company-specific
analysis memoranda for further explanation regarding these changes.
\20\ See Memorandum to the File, through Catherine Bertrand,
Program Manager, Office V, from Emeka Chukwudebe, Case Analyst,
Office V, Certain Activated Carbon from the People's Republic of
China (``PRC''): Surrogate Values for the Final Results,'' dated
concurrently with this notice (``Surrogate Values Memo'').
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Separate Rate Respondents
In our Preliminary Results, we determined that the following
companies met the criteria for separate rate status: Jacobi, Huahui,
Cherishmet; Datong Juqiang Activated Carbon Co., Ltd.; Datong Municipal
Yunguang Activated Carbon Co., Ltd.; Jilin Bright Future Chemicals
Company, Ltd.; Ningxia Mineral and Chemical Limited; Shanxi DMD
Corporation; Shanxi Sincere Industrial Co., Ltd.; Shanxi Industry
Technology Trading Co., Ltd.; Sinoacarbon International Trading Co.,
Ltd.; Tancarb Activated Carbon Co., Ltd.; Tangshan Solid Carbon Co.,
Ltd.; and Tianjin Maijin Industries Co., Ltd.\21\ We have received no
comments or argument since the issuance of the Preliminary Results that
provides a basis for reconsideration of these determinations.
Therefore, the Department continues to find that the companies listed
above meet the criteria for a separate rate.
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\21\ See Preliminary Results, at 78 FR 26749.
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Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results,\22\ and consistent with the
Department's practice,\23\ we assigned the non-examined, separate rate
companies a rate calculated using the ranged total sales quantities
from the public version of the submissions from the individually-
examined respondents with weighted-average dumping margins that are not
zero or de minimis (i.e., less than 0.5 percent) \24\ from the public
versions of their submissions.\25\ No parties have comments on this
methodology. For the final results, we continue to find this approach
to be consistent with the intent of section 735(c)(5)(A) of the Act and
our use of section 735(c)(5)(A) of the Act as guidance when we
establish the rate for respondents not examined individually in an
administrative review.\26\
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\22\ See id., and accompanying Decision Memorandum at 9.
\23\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR 56158, 56160
(September 12, 2011) (``Vietnam Shrimp''); see also Galvanized Steel
Wire From the People's Republic of China: Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 77 FR 68407, 68415 (November 4, 2011) (``Galvanized
Wire LTFV'').
\24\ See Jacobi's Response to the Department's Supplemental
Section A Questionnaire (Public Version) dated October 31, 2012, at
Exhibit 1; see also Huahui's Public Version of Exhibit A-1 for the
Section A Response, dated August 13, 2012.
\25\ See id.
\26\ See Vietnam Shrimp, 76 FR at 56160; see also Galvanized
Wire LTFV, 77 FR at 68415.
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Because the calculated net U.S. sales values for the individually-
examined respondents with weighted-average dumping margins that are not
zero or de
[[Page 70535]]
minimis are business-proprietary figures, we find that $0.16 U.S.
Dollars/kilogram (``USD/kg''), which we calculated using the publicly
available figures of U.S. sales quantities for these firms, is the best
reasonable proxy for the weighted-average dumping margin based on the
calculated U.S. sales quantities of these respondents.\27\
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\27\ See ``Memorandum to the File from Emeka Chukwudebe, Case
Analyst, Office V, AD/CVD Operations, Re: Calculation of Separate
Rate,'' dated concurrently with this notice.
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PRC-Wide Entity
In the Preliminary Results, the Department determined that those
companies which did not demonstrate eligibility for a separate rate are
properly considered part of the PRC-wide entity.\28\ Since the
Preliminary Results, we received no comments regarding these findings.
Therefore, we continue to treat these entities as part of the PRC-wide
entity.
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\28\ The PRC-Wide entity includes Datong Locomotive Coal &
Chemicals Co., Ltd., Ningxia Lingzhou Foreign Trade Co., Ltd. and
Shanxi Qixian Foreign Trade Corporation. See Preliminary Results, 78
FR at 26749.
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Rate for the PRC-Wide Entity
The Department used the rate of 2.42 USD/kg in the most recently
completed administrative review of this antidumping order for the PRC-
wide entity.\29\ Because nothing on the record of the instant review
calls into question the reliability of this rate, we find it
appropriate to continue to apply the rate of 2.42 USD/kg to the PRC-
wide entity for these final results.\30\
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\29\ 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 (October 31, 2011).
\30\ See Administrative Review of Certain Frozen Warmwater
Shrimp From the People's Republic of China: Final Results and
Partial Rescission of Antidumping Duty Administrative Review, 76 FR
51940, 51942 (August 19, 2011) (where the Department used the rate
for the PRC-wide entity from the previous review).
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Final Results of the Review
The weighted-average dumping margins for this POR are as follows:
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Weighted-average
dumping margin
Exporter (dollars per
kilogram) \31\
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Jacobi Group \32\................................... $0.03
Ningxia Huahui Activated Carbon Co., Ltd............ 0.39
Calgon Carbon (Tianjin) Co., Ltd.................... 0.16
Datong Juqiang Activated Carbon Co., Ltd............ 0.16
Datong Municipal Yunguang Activated Carbon Co., Ltd. 0.16
Jilin Bright Future Chemicals Company, Ltd.......... 0.16
Ningxia Guanghua Cherishmet Activated Carbon Co., 0.16
Ltd.\33\...........................................
Ningxia Mineral and Chemical Limited................ 0.16
Shanxi DMD Corporation.............................. 0.16
Shanxi Sincere Industrial Co., Ltd.................. 0.16
Shanxi Industry Technology Trading Co., Ltd......... 0.16
Sinoacarbon International Trading Co., Ltd.......... 0.16
Tancarb Activated Carbon Co., Ltd................... 0.16
Tangshan Solid Carbon Co., Ltd...................... 0.16
Tianjin Maijin Industries Co., Ltd.................. 0.16
PRC-Wide Entity \34\................................ 2.42
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\31\ 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).
\32\ 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 Results, and
accompanying 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) (``AR3 Carbon''); 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'').
\33\ 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
the present 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 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.
\34\ 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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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries covered by this review. The Department
intends to issue assessment instructions to CBP 15 days after the
publication date of these final results of this review. In accordance
with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-)
specific assessment rates for the merchandise subject to this review.
As the Department stated in the most recent administrative review,\35\
we will continue to direct CBP to assess importer-specific assessment
rates based on the resulting per-unit (i.e., per-kilogram) rates by the
weight in kilograms of each entry of the subject merchandise during the
POR. Specifically, we calculated importer-specific duty assessment
rates on a per-unit rate basis by dividing the total amount of dumping
for each importer by the total sales quantity of subject merchandise
sold to that importer during the POR. For any individually examined
respondent whose weighted-average dumping margin is above de
[[Page 70536]]
minimis (i.e., 0.50 percent), 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.\36\ We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate 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.
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\35\ See AR4 Carbon, 77 FR at 67339.
\36\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``NME Antidumping Proceedings'').
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The Department 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 NME-wide rate. In addition, if the
Department 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 rate) will be
liquidated at the NME-wide rate. For a full discussion of this
practice, see NME Antidumping Proceedings.
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 the PRC 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 Jacobi, Huahui and
the non-examined, separate rate respondents, the cash deposit rate will
be equal to their weighted-average dumping margins established in the
final results of this review, except if the rate is zero or de minimis,
then no cash deposit will be required; (2) for previously investigated
or reviewed PRC and non-PRC exporters not listed above that have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this
proceeding; (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 the equal to the weighted-average dumping margin for the PRC-
wide entity established in the final results of this review; 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 exporters that supplied that non-PRC exporter.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: November 20, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues & Decision Memorandum
Comment 1: Whether Albemarle Corporation is a Domestic Interested
Party
Comment 2: Use of an Alternative Comparison Method in Administrative
Reviews
Comment 3: Withdrawal of the Targeted Dumping Regulation
Comment 4: Differential Pricing Analysis
Comment 5: Whether to Include Indonesian Imports in GTA Data
Comment 6: Carbonized Material Surrogate Value
Comment 7: Truck Freight
Comment 8: Hauhui's Carton Surrogate Value
Comment 9: Steam
Comment 10: Brokerage and Handling
A. Container Weight
B. Letter of Credit Fees
Comment 11: Water
Comment 12: Chemical Purity Adjustment
Comment 13: Adverse Facts Available for Certain Packing Factors
Comment 14: Calculation for Inland Freight and U.S. Credit Expenses
Comment 15: Accurate Liquidation Instructions
Comment 16: Huahui's FOPs for Powdered Activated Carbon
[FR Doc. 2013-28359 Filed 11-25-13; 8:45 am]
BILLING CODE 3510-DS-P