[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Pages 66793-66795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19404]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1103 (Final)]


Certain Activated Carbon From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1103 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured or

[[Page 66794]]

threatened with material injury, or the establishment of an industry in 
the United States is materially retarded, by reason of less-than-fair-
value imports from China of certain activated carbon, provided for in 
subheading 3802.10.00 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as follows:
    ``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 this investigation 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 this investigation 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 investigation 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 
this scope, and those containing more than 50 percent chemically 
activated carbons are outside this scope.
    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 this scope. The products under 
investigation are currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheading 3802.10.00. 
Although HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.'' 71 FR 59721, October 11, 2006.
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    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: October 11, 2006.

FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of certain activated carbon 
from China are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigation was requested in a petition filed on March 8, 2006, by 
Calgon Carbon Corporation, Pittsburgh, PA, and Norit Americas, Inc., 
Marshall, TX.
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on February 
12, 2007, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on February 
27, 2007, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before February 16, 2007. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on February 21, 2007, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by Sec. Sec.  201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is February 20, 2007. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is March 6, 2007; witness testimony must be filed

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no later than three days before the hearing. In addition, any person 
who has not entered an appearance as a party to the investigation may 
submit a written statement of information pertinent to the subject of 
the investigation, including statements of support or opposition to the 
petition, on or before March 6, 2007. On March 22, 2007, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before March 26, 2007, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means, except to the 
extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing 
of a document is permitted, certain documents must also be filed in 
paper form, as specified in II (C) of the Commission's Handbook on 
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (as identified 
by either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-19404 Filed 11-15-06; 8:45 am]
BILLING CODE 7020-02-P