[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Notices]
[Pages 981-982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31419]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Notice of Rescission of Changed Circumstances Review

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


DATES: Effective Date: January 7, 2010.
SUMMARY: On January 29, 2009, the Department of Commerce 
(``Department'') published a notice of initiation and preliminary 
results of changed circumstance review (``CCR'') of the antidumping 
duty order on certain activated carbon from the People's Republic of 
China (``PRC''). See Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation and Preliminary Results of 
Changed Circumstances Review, and Intend To Revoke Order in Part, 74 FR 
4736 (January 29, 2009) (``Initiation and Preliminary Results''). We 
are now rescinding this CCR because the Department, on December 7, 
2009, resolved the underlying issue for the CCR in a parallel final 
scope ruling on the same matter.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 
20230; telephone: 202-482-4047.

Background

    On November 14, 2008, the Department received a letter from Rolf C. 
Hagen (USA), Corp. (``Hagen'') requesting a scope ruling that certain 
fish tank filter products imported by Hagen, that contain no more than 
500 grams of activated carbon or a combination of activated carbon and 
zeolite, are outside the scope of the antidumping order on certain 
activated carbon from the PRC. See Notice of Antidumping Duty Order: 
Certain Activated Carbon from the People's Republic of China, 72 FR 
20988 (April 27, 2007) (``Order''). On November 20, 2008, Calgon Carbon 
Corporation and Norit Americas Inc. (collectively, ``Petitioners'') 
submitted comments stating that they agreed with Hagen's scope ruling 
request. On December 15, 2008, the Department received a request from 
Hagen for a changed circumstance review and for the Department to 
revoke, in part, the Order pursuant to sections 751(b)(1) and 782(h)(2) 
of the Tariff Act of 1930, as amended (``the Act''), with respect to 
the same products covered by its scope request. On December 17, 2008, 
Petitioners again submitted comments stating that they agreed with the 
specific proposed exclusion language contained in Hagen's December 15, 
2008, submission. The Department published the Initiation and 
Preliminary Results on January 29, 2009, and requested public comments 
on the proposed exclusion language. The Department also extended the 
deadline for the final results of this CCR. See Certain Activated 
Carbon From the People's Republic of China: Extension of Time Limit for 
the Final Results of Changed Circumstances Review, 74 FR 51257 (October 
6, 2009).
    On December 7, 2009, based on the Department's review of Hagen's 
scope request, in light of the scope language in the Order, the 
petition, and the ITC determination, the Department determined in 
accordance with 19 CFR 351.225(k)(1) that the commercial fish tank 
filter products described in the Hagen scope request are different from 
activated carbon which is covered by the scope of the Order. Because we 
determined the scope language to be dispositive, the Department found 
the fish tank filter products described in Hagen's request to be 
outside the scope of the Order pursuant to the criteria within 19 CFR 
351.225(k)(1). See Memorandum for John M. Andersen, Acting Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
from Jerry Huang, International Trade Compliance Analyst, regarding 
``Final Scope Ruling: Antidumping Duty Order on Certain Activated 
Carbon from the People's Republic of China,'' dated December 7, 2009 
(``Final Scope Ruling'').

Scope of Changed Circumstances Review

    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

[[Page 982]]

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.

Rescission of Changed Circumstances Review

    The Department initiated this changed circumstance review based on 
the same issue raised by Hagen in its scope ruling request. As the 
Department issued its final scope determination on December 9, 2009, 
that certain fish tank filter products imported by Hagen, that contain 
no more than 500 grams of activated carbon or a combination of 
activated carbon and zeolite, are outside the scope of the antidumping 
order on certain activated carbon from the PRC, the sole issue in this 
CCR is moot, as it has been resolved in the parallel scope proceeding. 
Accordingly, the Department is now rescinding this CCR. Hagen's request 
that its products are outside the scope of the Order and Petitioners' 
comments supporting that request are fully detailed in the Department's 
scope determination. See Final Scope Ruling.
    This notice serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 terms of an APO is a violation which may be subject to 
sanction.
    This notice is issued and published in accordance with sections 
751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.216.

    Dated: December 22, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-31419 Filed 1-6-10; 8:45 am]
BILLING CODE 3510-DS-P