[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29419-29421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11892]
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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; 2012-
2013
AGENCY: Enforcement and Compliance, 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, 2012, through March 31, 2013. The
Department preliminarily determines that sales have been made below
normal value (``NV''). Interested parties are invited to comment on
these preliminary results.
DATES: Effective Date: May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Frances Veith, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, or (202)
482-4295, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is certain activated carbon.
The products are currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheading 3802.10.00.\1\
Although the HTSUS subheading is provided for convenience and customs
purposes, the written description of the scope of the order remains
dispositive.
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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 Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, issued concurrently with, and hereby adopted by, this
notice, for a complete description of the Scope of the Order.
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Methodology
The Department 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.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov/login.aspx
and in the Central Records Unit, 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
[[Page 29420]]
Preliminary Results of the Review
The Department determines that the following preliminary dumping
margins exist:
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\2\ In the second administrative review of the 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).
\3\ In the third administrative review, the Department found
Jacobi Carbons AB, Tianjin Jacobi International Trading Co. Ltd.,
and Jacobi Carbons Industry (Tianjin) 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 and fifth administrative reviews. Because there
have been no changes to the facts which supported that decision in
the present review, we are continuing to treat the companies as a
single entity in this review. 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 (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 (November 9, 2012); Certain Activated Carbon
From the People's Republic of China; 2011-2012; Final Results of
Antidumping Duty Administrative Review, 78 FR 70533, 70535 (November
26, 2013).
\4\ 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
subsequent reviews. Because there have been no changes to the facts
which supported that decision in the present review, we are
continuing to treat the companies as a single entity in this review.
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); and Certain Activated Carbon From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 2011-2012, 78 FR 70533 (November 26, 2013) at footnote 33.
\5\ The PRC-Wide entity includes the Shanxi DMD Corporation and
Tangshan Solid Carbon Co., Ltd.
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Margin
Exporter (dollars per
kilogram) \2\
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Jacobi Carbons AB \3\................................... 3.77
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 2.05
\4\....................................................
Calgon Carbon (Tianjin) Co., Ltd........................ 3.13
Datong Juqiang Activated Carbon Co., Ltd................ 3.13
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 3.13
Jilin Bright Future Chemicals Company, Ltd.............. 3.13
Ningxia Huahui Activated Carbon Co., Ltd................ 3.13
Ningxia Mineral and Chemical Limited.................... 3.13
Shanxi Sincere Industrial Co., Ltd...................... 3.13
Tianjin Channel Filters Co., Ltd........................ 3.13
PRC-Wide Rate \5\....................................... 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).
Interested parties may submit written comments in the form of case
briefs within 30 days of publication of the preliminary results and
rebuttal comments in the form of rebuttal briefs within five days after
the time limit for filing case briefs.\6\ Rebuttal briefs must be
limited to issues raised in the case briefs.\7\ Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\7\ See 19 CFR 351.309(d)(2).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Enforcement and
Compliance within 30 days of the date of publication of this notice.
Requests should contain: (1) The party's name, address and telephone
number; (2) The number of participants; and (3) A list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.\9\
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\9\ See 19 CFR 351.310(c).
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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.\10\ 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).\11\ 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.\12\ The Department recently announced a refinement to its
assessment practice in NME cases.\13\ 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.\14\ Additionally, 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 PRC-wide
rate.\15\
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\10\ See 19 CFR 351.212(b)(1).
\11\ 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).
\12\ See 19 CFR 351.106(c)(2).
\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\14\ Id.
\15\ Id.
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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 section 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
[[Page 29421]]
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 administrative review and notice are 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 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Non-Market Economy Country
6. Separate Rates
7. Separate Rate Calculation
8. Vietnam-Wide Entity
9. Surrogate Country and Surrogate Value Data
10. Surrogate Country
11. Economic Comparability
12. Significant Producers of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Determination of Comparison Method
16. U.S. Price
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2014-11892 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P