[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Notices]
[Pages 4736-4737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1584]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Notice of Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent To Revoke Order in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


DATES: Effective Date: January 27, 2009.
SUMMARY: On December 15, 2008, the Department of Commerce 
(``Department'') received a request for a changed circumstances review 
and a request to revoke in part the antidumping duty order on certain 
activated carbon from the People's Republic of China with respect to 
certain parts of fish tank filters which contain no more than 500 grams 
of activated carbon, or a combination of activated carbon and zeolite, 
and are fitted to work with specific filters. Petitioners submitted a 
letter to the Department expressing lack of interest in antidumping 
duty relief from the imports of certain parts of fish tank filters as 
described below. Therefore, we are notifying the public of our intent 
to revoke, in part, the antidumping duty order as it relates to import 
of certain fish tank filters as described below. The Department invites 
interested parties to comment on these preliminary results.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington DC. 
20230; telephone (202) 482-3207.

Background

    On April 27, 2007, the Department of Commerce (the ``Department'') 
published the antidumping duty order on certain activated carbon from 
the People's Republic of China. See Notice of Antidumping Duty Order: 
Certain Activated Carbon from the People's Republic of China, 72 FR 
20988 (April 27, 2007). On December 15, 2008, the Department received a 
request on behalf of Rolf C. Hagen (USA), Corp. (``Hagen'') for a 
changed circumstances review and a request to revoke in part the 
antidumping duty order on certain activated carbon from the People's 
Republic of China with respect to certain parts of fish tank filters 
which contain no more than 500 grams of activated carbon, or a 
combination of activated carbon and zeolite, and fitted to work with 
specific filters. On December 17, 2008, Petitioners \1\, Calgon Carbon 
Corporation and Norit Americans Inc. (collectively, ``Petitioners''), 
submitted a response on the record and stated that they agree with 
Hagen's request and agree with the specific proposed exclusion language 
from Hagen's December 15, 2008, submission, as described below.
---------------------------------------------------------------------------

    \1\ See Memorandum to the File: Petitioners' Representation of 
Domestic Industry (January 6, 2009).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this 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 this 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 this 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 this 
scope, and those containing more than 50 percent chemically activated 
carbons are outside this 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 this scope. The products subject to the order 
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 this order is dispositive.

[[Page 4737]]

Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent To Revoke Order in Part

    At the request of Hagen, and with agreement by Petitioners, and in 
accordance with sections 751(d)(1) and 751(b)(1) of the Tariff Act of 
1930, as amended (the ``Act'') and 19 CFR 351.216, the Department is 
initiating a changed circumstances review of certain activated carbon 
from the People's Republic of China to determine whether partial 
revocation of the antidumping duty order is warranted with respect to 
certain parts of fish tank filters which contain no more than 500 grams 
of activated carbon, or a combination of activated carbon and zeolite, 
and are fitted to work with specific filters. Section 782(h)(2) of the 
Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke 
an order (in whole or in part) if it determines that producers 
accounting for substantially all of the production of the domestic like 
product have no further interest in the order, in whole or in part. In 
addition, in the event the Department determines that expedited action 
is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to 
combine the notices of initiation and preliminary results.
    In accordance with section 751(b) of the Act, and 19 CFR 
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed 
circumstances review and have determined that expedited action is 
warranted. Based on information from the investigation placed on the 
record of this review \2\, in accordance with 19 CFR 351.222(g)(1)(i), 
we find Petitioners comprise substantially all of the production of the 
domestic like product. Petitioners have expressed a lack of interest in 
the order, in part, with respect to certain fish tank filters. Because 
this changed circumstances request was filed less than 24 months after 
the date of publication of notice of the final determination in an 
investigation, pursuant to 19 CFR 351.216(c), the Department must 
determine whether good cause exists. We find that the Petitioners' 
affirmative statement of no interest in the order with respect to 
certain parts of fish tank filters, which contain no more than 500 
grams of activated carbon, or a combination of activated carbon and 
zeolite, and are fitted to work with specific filters, constitutes good 
cause for the conduct of this review. Based on the expression of no 
interest by the Petitioners and absent any objection by any other 
domestic interested parties, we have preliminarily determined that the 
domestic producers of the like product have no interest in the 
continued application of the antidumping duty order on certain 
activated carbon to the merchandise that is subject to this request. 
Accordingly, we are notifying the public of our intent to revoke, in 
part, the antidumping duty order as it relates to imports of the 
certain parts of fish tank filters, which contain no more than 500 
grams of activated carbon, or a combination of activated carbon and 
zeolite, and are fitted to work with specific filters, as described 
below. Therefore, we intend to change the scope of the order on certain 
activated carbon from the People's Republic of China to include the 
following exclusion:
---------------------------------------------------------------------------

    \2\ See Memorandum to the File: Petitioners' Representation of 
Domestic Industry (January 6, 2009).
---------------------------------------------------------------------------

    Also excluded from the scope are molded plastic filter cartridges, 
woven textile filter pads and filter bags that contain not more than 
500 grams of certain activated carbon alone, or a combined total of 500 
grams of certain activated carbon and natural zeolite. Combinations of 
subject activated carbon and other materials are not subject to this 
exclusion. Molded plastic filter cartridges and woven textile filter 
pads subject to this exclusion must be packaged marked and ready for 
retail sales as ready-to-use aquarium filters and filter parts at the 
time of importation. Zeolite refers to a family of hydrous aluminum 
silicate minerals, whose molecules enclose cations of sodium, 
potassium, calcium, strontium or barium, used chiefly as molecular 
filters and ion-exchange agents. Some of the more common natural 
mineral zeolites include analcime, chabazite, heulandite, natroliote, 
phillipsite, and stilbite. Excluded filters cartridges, filter bags and 
woven filter bags are classified under subheading 8421.99.0040 of the 
HTSUS.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results. Rebuttals to 
written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication. The 
Department will issue the final results of this changed circumstances 
review, which will include the results of its analysis raised in any 
such written comments, no later than 270 days after the date on which 
this review was initiated, or within 45 days if all parties agree to 
our preliminary results. See 19 CFR 351.216(e).
    If final revocation occurs, we will instruct U.S. Customs and 
Border Protection to end the suspension of liquidation for the 
merchandise covered by the revocation on the effective date of the 
notice of revocation and to release any cash deposit or bond. See 19 
CFR 351.222(g)(4). The current requirement for a cash deposit of 
estimated antidumping duties on all subject merchandise will continue 
unless and until it is modified pursuant to the final results of this 
changed circumstances review.
    This initiation and preliminary results of review and notice are in 
accordance with sections 751(b) and 777(i) of the Act and 19 CFR 
351.216, 351.221, and 351.222.

    Dated: January 16, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-1584 Filed 1-26-09; 8:45 am]
BILLING CODE 3510-DS-P