[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Notices]
[Pages 66952-66954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30052]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon from the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: December 17, 2009.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-9068.

SUPPLEMENTARY INFORMATION:

ADMENDMENT TO THE FINAL RESULTS:

    In accordance with sections 751(h) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``Act''), on November 10, 2009, the Department of 
Commerce (``Department'') published\1\ the final results of the 
administrative review of the antidumping duty order on certain 
activated carbon from the People's Republic of China (``PRC'') covering 
the period October 11, 2006, through March 31, 2008. See 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) (``Final Results'').
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    \1\ The Department publicly announced the final results on 
November 3, 2009.
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    On November 12, 2009, Petitioner Norit Americas, voluntary 
respondent Ningxia Guanghua Activated Carbon Co., Ltd. 
(``Cherishmet''),\2\ mandatory respondent Jacobi,\3\ importer 
Albemarle,\4\ and separate rate company Hebei Foreign Trade & 
Advertising Corp. (``Hebei Foreign'') filed timely ministerial 
allegations pursuant to 19 CFR 351.224(c)(1) that the Department made 
various ministerial errors in the Final Results and requested, pursuant 
to 19 CFR 351.224, that the Department correct the alleged ministerial 
errors in the Final Results and the ``Administrative Review of Certain

[[Page 66953]]

Activated Carbon from the People's Republic of China: Issues and 
Decisions Memorandum for the Final Results,'' dated November 10, 2009 
(``Decision Memo''). On November 17, 2009, Petitioners\5\ filed timely 
rebuttal comments with respect to certain ministerial errors alleged by 
Cherishmet and Hebei Foreign. No other party in this proceeding 
submitted ministerial error comments or rebuttals on the Department's 
Final Results.
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    \2\ Consisting of Ningxia Guanghua Cherishmet Activated Carbon 
Co., Ltd. (``GHC''), Beijing Pacific Activated Carbon Products Co., 
Ltd. (``Beijing Pacific''), and Cherishmet Inc.
    \3\ Consisting of Jacobi Carbons AB, Tianjin Jacobi Iternational 
Trading Co., Ltd., and Jacobi Carbons, Inc.
    \4\ Consisting of Albemarle Sorbent Technologies Corp. and 
Albemarle Corporation.
    \5\ Consisting of Calgon Carbon Corporation and Norit Americas.
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    A ministerial error is defined as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the {Secretary{time}  considers 
ministerial.'' See section 751(h) of the Act; see also 19 CFR 
351.224(f).
    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with section 751(h) of the Act and 19 
CFR 351.224(e), that we made certain ministerial errors in the Final 
Results. With regard to Jacobi, Calgon Carbon (Tianjin) Co., Ltd. 
(``CCT''), and Cherishmet, we transposed digits in the surrogate value 
for bituminous coal used in valuing coking coal. With regard to 
Cherishmet, the Department made ministerial errors pertaining to the 
calculation of international freight and copying of surrogate values. 
For a detailed discussion of these ministerial errors, as well as the 
Department's analysis of these errors and other allegations raised, see 
Memorandum to James C. Doyle, Director, Office 9, through Catherine 
Bertrand, Program Manager, Office 9, from Robert Palmer, Case Analyst, 
Office 9: Certain Activated Carbon From the People's Republic of China: 
Allegation of Ministerial Errors in the Final Results of the First 
Administrative Review, (December 3, 2009) (``Ministerial Error Memo'').
    Additionally, in the Final Results, we determined that several 
companies qualified for a separate rate. See Final Results, 74 FR at 
57998. The separate rate was based on the calculated margins for CCT 
and Jacobi, the two mandatory respondents in this review. The margins 
for CCT and Jacobi changed following the correction of the ministerial 
errors and subsequent revisions made to the Final Results. Accordingly, 
the Department revised the calculated all others rate for the companies 
that qualified for a separate rate. We note that the errors did not 
affect the PRC-wide entity rate, and thus that rate will not be 
revised. Additionally, the margin for Cherishmet, the voluntary 
respondent, changed following the revisions made to the Final Results.
    Therefore, in accordance with section 751(h) of the Act, we are 
amending the Final Results in the antidumping duty administrative 
review of certain activated carbon from the PRC.
    After correcting these ministerial errors, the final weight-
averaged dumping margins results are as follows:

      Certain Activated Carbon from the People's Republic of China
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     Manufacturer/Exporter          Weighted Average Margin (Percent)
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Calgon Carbon (Tianjin) Co.,                                     14.51 %
 Ltd...........................
Jacobi Carbons AB\6\...........                                  18.19 %
Ningxia Guanghua Cherishmet                                      16.84 %
 Activated Carbon Co., Ltd.\7\.
Datong Municipal Yunguang                                        16.35 %
 Activated Carbon Co., Ltd.....
Ningxia Huahui Activated Carbon                                  16.35 %
 Co., Ltd......................
Ningxia Lingzhou Foreign Trade                                   16.35 %
 Co., Ltd......................
Tangshan Solid Carbon Co., Ltd.                                  16.35 %
Tianjin Maijin Industries Co.,                                   16.35 %
 Ltd...........................
PRC-Wide Rate\8\...............                                 228.11 %
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\6\ Consisting of Jacobi Carbons AB, Tianjin Jacobi International
  Trading Co., Ltd. and Jacobi Carbons, Inc.
\7\ Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. and the
  following companies have been determined to be a single entity:
  Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua
  Activated Carbon Company, and Company A. Thus, the calculated margin
  applies to the single entity.
\8\ The PRC-Wide entity includes Hebei Foreign Trade Advertisement
  Company, Ningxia Mineral & Chemical Limited, Jilin Bright Future
  Chemicals Company, Ltd. and its affiliate, Jilin Province Bright
  Future Industry and Commerce Co., Ltd.

Assessment Rate

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries based on the amended final results. For details on 
the assessment of antidumping duties on all appropriate entries, see 
Final Results. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
the amended final results of the administrative review.

Cash Deposit Requirements

    The following deposit rates will be effective retroactively on any 
entries made on or after November 10, 2009, the date of publication of 
the Final Results, for all shipments of certain activated carbon 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 the exporters listed above, the cash deposit rate will be 
established in these amended final results of review (except, if the 
rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash 
deposit rate will be required for that company); (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 recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 228.11 percent; and (4) for all non-PRC exporters of the 
subject merchandise which have not received their own rate, the cash 
deposit rate will be at the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. The deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification of Interested Parties

    This notice 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

[[Page 66954]]

during the review period. Pursuant to 19 CFR 351.402(f)(3), failure to 
comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1), 751(h) and 777(i)(1) of the Act.

    Dated: December 10, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-30052 Filed 12-16-09; 8:45 am]
BILLING CODE 3510-DS-S