[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Notices]
[Pages 32269-32270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15014]
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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: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty order on certain activated carbon
from the People's Republic of China (China) would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the antidumping duty order.
DATES: Applicable July 12, 2018.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce published in the Federal Register
notice of the antidumping duty order on certain activated carbon from
China.\1\ On February 1, 2018, Commerce published the notice of
initiation of the second five-year (sunset) review of the antidumping
duty order on certain
[[Page 32270]]
activated carbon from China, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\
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\1\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 4681
(February 1, 2018).
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Commerce conducted this sunset review on an expedited basis,
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and
adequate response from a domestic interested party but no substantive
responses from respondent interested parties. As a result of its
review, Commerce determined in accordance with section 751(c) of the
Act that revocation of the antidumping duty order would likely lead to
a continuation or recurrence of dumping.\3\ Commerce, therefore,
notified the ITC of the magnitude of the margins likely to prevail
should the antidumping duty order be revoked. On July 6, 2018, the ITC
published notice of its determination, pursuant to section 751(c) of
the Act, that revocation of the antidumping duty order on certain
activated carbon from China would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\4\
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\3\ See Certain Activated Carbon from the People's Republic of
China: Final Results of the Expedited Second Sunset Review of the
Antidumping Duty Order, 83 FR 26949 (June 11, 2018) (Final Results)
and accompanying Issues and Decision Memorandum.
\4\ See Certain Activated Carbon from China: Investigation No.
731-TA-1103 (Second Review), USITC Publication 4776 (June 2018); see
also Certain Activated Carbon from China: Determination, 83 FR 31568
(July 6, 2018).
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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 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 Commerce 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
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the
antidumping duty order on certain activated carbon from China. 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, Commerce
intends to initiate the next sunset review of the order not later than
30 days prior to the fifth anniversary of the effective date of
continuation.
This sunset review and this notice are in accordance with section
751(c) and 751(d)(2) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-15014 Filed 7-11-18; 8:45 am]
BILLING CODE 3510-DS-P