[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33420-33422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13379]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Final Results of Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 15, 2012, the Department of Commerce (``the 
Department'') initiated the first five-year (``sunset'') review of the 
antidumping duty order on certain activated carbon from the People's 
Republic of China (``PRC'') pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''). On the basis of a notice of 
intent to participate and an adequate substantive response filed on 
behalf of the domestic interested parties, as well as a lack of 
response from respondent interested parties, the Department conducted 
an expedited sunset review of the antidumping duty order, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As 
a result of this sunset review, the Department finds that revocation of 
the antidumping duty order on certain activated carbon from the PRC 
would be likely to lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective Date: June 6, 2012.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, 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:

Background

    On March 1, 2012, the Department initiated the first sunset review 
of the antidumping duty order on certain activated carbon from the PRC, 
pursuant to section 751(c) of the Act and 19 CFR 351.218(c)(2).\1\ The 
Department received a notice of intent to participate from Calgon 
Carbon Corporation, Norit Americas, Inc., and ADA Carbon Solutions LLC 
(collectively, ``the domestic interested parties'') within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\2\ The domestic interested 
parties claimed interested party status under section 771(9)(C) of the 
Act, as manufacturers of a domestic like product in the United States.
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 12562 
(March 1, 2012); see also Notice of Antidumping Duty Order: Certain 
Activated Carbon From the People's Republic of China, 72 FR 20988 
(April 27, 2007) (``Order'').
    \2\ See Letter from domestic interested parties, re: ``Five-Year 
(``Sunset'') Review of the Antidumping Order on Certain Activated 
Carbon from the People's Republic of China: Domestic Interested 
Parties' Intent to Participate,'' dated March 15, 2012.
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    We received a complete substantive response from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\3\ We received no responses from respondent 
interested parties. As a result, the Department conducted an expedited 
sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2).
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    \3\ See Letter from domestic interested parties, re: ``Five-Year 
(``Sunset'') Review of the Antidumping Order on Certain Activated 
Carbon from the People's Republic of China: Domestic Industry's 
Substantive Response,'' dated March 30, 2012.
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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

[[Page 33421]]

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 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 the order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Expedited Sunset Review of the Antidumping 
Duty Order on Certain Activated Carbon from the People's Republic of 
China'' (``Decision Memorandum'') from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrently with and hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the order was to be revoked. Parties may find a 
complete discussion of all issues raised in the review and the 
corresponding recommendations in this public memorandum which is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Services System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records Unit 
room 7046 of the main Commerce building. In addition, a complete 
version of the Decision Memorandum can be access directly on the Web at 
http://ia.ita.doc.gov/frn. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Final Results of Review

    We determine that revocation of the Order would be likely to lead 
to continuation or recurrence of dumping at the following weighted-
average percentage margins:

------------------------------------------------------------------------
                                                        Weight-averaged
                       Exporter                         dumping margins
                                                              (%)
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd...              67.14
Calgon Carbon Tianjin Co., Ltd.......................              69.54
Datong Juqiang Activated Carbon Co., Ltd.............              67.14
Datong Locomotive Coal & Chemicals Co., Ltd..........              67.14
Datong Municipal Yunguang Activated Carbon Co., Ltd..              67.14
Datong Yunguang Chemicals Plant......................              67.14
Hebei Foreign Trade and Advertising Corporation......              67.14
Jacobi Carbons AB....................................              61.95
Jilin Bright Future Chemicals Company, Ltd...........             228.11
Jilin Province Bright Future Industry and Commerce                228.11
 Co., Ltd............................................
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd              67.14
Ningxia Huahui Activated Carbon Co., Ltd.............              67.14
Ningxia Mineral & Chemical Limited...................              67.14
Shanxi DMD Corporation...............................              67.14
Shanxi Industry Technology Trading Co., Ltd..........              67.14
Shanxi Newtime Co., Ltd..............................              67.14
Shanxi Qixian Foreign Trade Corporation..............              67.14
Shanxi Sincere Industrial Co., Ltd...................              67.14
Shanxi Xuanzhong Chemical Industry Co., Ltd..........              67.14
Tangshan Solid Carbon Co., Ltd.......................              67.14
Tianjin Maijin Industries Co., Ltd...................              67.14
United Manufacturing International (Beijing) Ltd.....              67.14

[[Page 33422]]

 
Xi'an Shuntong International Trade & Industrials Co.,              67.14
 Ltd.................................................
PRC-Wide Rate........................................             228.11
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Notice Regarding Administrative Protective Order (``APO'')

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return of 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 is 
subject to sanction.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), and 771(i)(1) of the Act.

    Dated: May 25, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-13379 Filed 6-5-12; 8:45 am]
BILLING CODE 3510-DS-P