[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67337-67340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27423]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China; 
2010-2011; Final Results of Antidumping Duty Administrative Review

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

SUMMARY: The Department of Commerce (``the Department'') published its 
Preliminary Results of the antidumping duty order on certain activated 
carbon from the People's Republic of China (``PRC'') on May 4, 2012,\1\ 
and we gave interested parties an opportunity to comment on the 
Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
these final results and partial rescission of antidumping duty 
administrative review. The final dumping margins are listed below in 
the ``Final Results of the Reviews'' section of this notice. The period 
of review (``POR'') is April 1, 2010, through March 31, 2011.
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    \1\ See Certain Activated Carbon From the People's Republic of 
China: Preliminary Results of the Fourth Antidumping Duty 
Administrative Review, and Intent To Rescind in Part, 77 FR 26496 
(May 4, 2012) (``Preliminary Results'').

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DATES: Effective Date: November 9, 2012.

FOR FURTHER INFORMATION CONTACT: Alan Ray, Javier Barrientos, or Emeka 
Chukwudebe, 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) 482-5403, (202) 482-2243, or (202) 482-0219, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Results on May 4, 2012.\2\ 
The period of review (``POR'') is April 1, 2010, through March 31, 
2011.\3\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results.\4\ On June 13, 2012, we 
received case briefs from Cherishmet, DJAC, Jacobi, CAC, Bright Future, 
and Shanxi DMD.\5\ On June 22, 2012, we received rebuttal briefs from 
Petitioners and Cherishmet.\6\
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    \2\ See id.
    \3\ See id. at 26497.
    \4\ See id. at 26506.
    \5\ Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd., Ningxia Guanghua 
Activated Carbon Co., Ltd., (collectively, ``Cherishmet''); Datong 
Juqiang Activated Carbon Co., Ltd. (``DJAC''); Jacobi Carbons AB and 
its affiliates, Tianjin Jacobi International Trading Co. Ltd., 
Jacobi Carbons Industry (Tianjin) Co., Ltd., and Jacobi Carbons, 
Inc. (collectively, ``Jacobi''); Calgon Carbon Corp (``CAC''); Jilin 
Bright Future Chemicals Co., Ltd. (``Bright Future''); and Shanxi 
DMD Corporation (``Shanxi DMD'').
    \6\ See Petitioners' Rebuttal Brief, dated June 22, 2012 and 
Cherishmet's Rebuttal Brief, dated June 22, 2012.
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Scope of the Order

    The merchandise subject to the order is certain activated 
carbon.\7\ The products 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 remains 
dispositive.\8\
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    \7\ See Certain Activated Carbon from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Fourth Antidumping Duty Administrative Review,'' dated concurrently 
with this notice for a complete description of the Scope of the 
Order.
    \8\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the ``Certain Activated Carbon from the People's Republic 
of China: Issues and Decision Memorandum for the Final Results of the 
Fourth Antidumping Duty Administrative Review,'' dated concurrently 
with this notice (``Issues & Decision Memo''). A list of the issues 
which parties raised is attached to this notice as Appendix I. The 
Issues & Decision Memo is a public document and is on file in the 
Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce building, as well as electronically via Import 
Administration's Antidumping

[[Page 67338]]

and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the CRU. In addition, a complete version of 
the Issues & Decision Memo can be accessed directly on the internet at 
http://www.trade.gov/ia/. The signed Issues & Decision Memo and the 
electronic version of the Issues & Decision Memo are identical in 
content.

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
the review with respect to Shanxi Dapu International Trade Co., Ltd. 
(``Dapu''). This company reported that it had no shipments of subject 
merchandise to the United States during the POR, and our examination of 
shipment data from U.S. Customs and Border Protection (``CBP'') 
confirmed that there were no entries of subject merchandise made by 
this company during the POR.\9\ Subsequent to the Preliminary Results, 
the Department did not receive any comments or information indicating 
that Dapu made sales of subject merchandise to the United States during 
the POR. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding 
the administrative review with respect to Dapu.
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    \9\ See Preliminary Results, 77 FR at 26498.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
certain revisions to the margin calculations for Jacobi, DJAC, and 
Cherishmet. For the reasons explained in the Issues & Decision Memo at 
Comment I, we have selected the Philippines as the primary surrogate 
country. We have also made other changes to the margin calculations of 
Cherishmet, DJAC, and Jacobi.\10\ Finally, the Surrogate Values Memo 
contains the further explanation of our changes to the surrogate 
values.\11\
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    \10\ See Comments II to VI of the Issues and Decision Memo and 
the company-specific analysis memoranda.
    \11\ See Memorandum to the File, through Matthew Renkey, Acting 
Program Manager, AC/CVD Operations, Office 9, from Javier 
Barrientos, Senior Case Analyst, Alan Ray, Senior Case Analyst, and 
Emeka Chukwudebe, Case Analyst, AD/CVD Operations, Office 9, Certain 
Activated Carbon from the People's Republic of China (``PRC''): 
Surrogate Values for the Final Results,'' (October 31, 2012).
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Separate Rates

    In our Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: Bright Future; 
Datong Municipal Yunguang Activated Carbon Co., Ltd.; Ningxia Mineral; 
Shanxi Sincere Industrial Co., Ltd.; Shanxi Industry Technology Trading 
Co., Ltd.; Tangshan Solid; and Tianjin Maijin Industries Co., Ltd.\12\ 
We have not received any information since the issuance of the 
Preliminary Results that provides a basis for reconsideration of these 
determinations. Therefore, the Department continues to find that the 
companies listed above meet the criteria for a separate rate.
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    \12\ See Preliminary Results at 77 FR 26496.
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    Additionally, in the Preliminary Results, we also noted that CBP 
data reviewed by the Department does not show any reviewable entries of 
subject merchandise made during the POR by the third-country exporter, 
Adsorbent,\13\ an Indian activated carbon company. For these final 
results, we continue to find that the CBP data does not show any 
reviewable entries of subject merchandise made by Adsorbent during the 
POR and intend to refer this matter to CBP to investigate whether 
Adsorbent's entries were entered properly.
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    \13\ Adsorbent Carbons Pvt. Ltd., (``Adsorbent'').
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Rate for Non-Selected Companies

    In the Preliminary Results, and consistent with the Department's 
practice,\14\ we assigned the separate rate companies a rate calculated 
using the ranged total sales quantities of the individually-reviewed 
respondents with margins above de minimis from the public versions of 
their submissions.\15\ For the final results, we continue to find this 
approach to be consistent with the intent of section 735(c)(5)(A) of 
the Act and our use of section 735(c)(5)(A) of the Act as guidance when 
we establish the rate for respondents not examined individually in an 
administrative review.\16\ See Decision Memo at Comment 3.
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    \14\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 76 FR 56158, 56160 
(September 12, 2011) (``Vietnam Shrimp''); see also Galvanized Steel 
Wire From the People's Republic of China: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 77 FR 68407, 68415 (November 4, 2011) (``Galvanized 
Wire LTFV'').
    \15\ See Jacobi Section A questionnaire response (Public 
Version) dated September 13, 2011, at Exhibit 4; see also Guanghua 
Cherishmet Public Version of Exhibit SA-1 for the Section A 
Response, dated August 19, 2011.
    \16\ See Vietnam Shrimp, 76 FR at 56160; see also Galvanized 
Wire LTFV, 77 FR at 68415.
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    Because the calculated net U.S. sales values for the individually-
reviewed respondents with margins above de minimis are business-
proprietary figures, we find that 1.04 U.S. Dollars/kilogram (``USD/
kg''), which we calculated using the publicly available figures of U.S. 
sales quantities for these firms, is the best reasonable proxy for the 
weighted-average margin based on the calculated U.S. sales quantities 
of these respondents.\17\
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    \17\ See ``Memorandum to the File from Alan Ray, Case Analyst, 
Office 9, AD/CVD Operations, Re: Calculation of Separate Rate,'' 
dated concurrently with this notice.
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PRC-Wide Rate and PRC-Wide Entity

    The Department used the PRC-Wide rate of 2.42 USD/kg in the most 
recently completed administrative review of this antidumping order.\18\ 
Because we have not calculated a PRC-Wide rate greater than the PRC-
Wide rate from previous reviews in this proceeding and nothing on the 
record of the instant review calls into question the reliability of the 
PRC-Wide rate, we find it appropriate to continue to apply the PRC-Wide 
rate of 2.42 USD/kg for the final results.\19\
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    \18\ See Certain Activated Carbon From the People's Republic of 
China: Final Results and Partial Rescission of Third Antidumping 
Duty Administrative Review, 76 FR 67142, 67145 (October 31, 2011).
    \19\ See Administrative Review of Certain Frozen Warmwater 
Shrimp From the People's Republic of China: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 76 FR 
51940, 51942 (August 19, 2011) (where the Department used the PRC-
Wide rate from the previous review).
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    In the Preliminary Results, the Department determined that those 
companies which did not demonstrate eligibility for a separate rate are 
properly considered part of the PRC-wide entity.\20\ Since the 
Preliminary Results, none of the companies which did not file separate 
rate applications or certifications submitted comments regarding these 
findings. Therefore, we continue to treat these entities as part of the 
PRC-wide entity.
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    \20\ The PRC-Wide entity includes Hebei Foreign Trade and 
Advertising Corporation; Jilin Province Bright Future Industry and 
Commerce Co., Ltd.; and United Manufacturing International (Beijing) 
Ltd. See Preliminary Results, 77 FR at 26501.
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Final Results of the Review

    The dumping margins for the POR are as follows:
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    \21\ In the second administrative review of this order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit rates for all future reviews. See Certain Activated 
Carbon From the People's Republic of China: Final Results and 
Partial Rescission of Second Antidumping Duty Administrative Review, 
75 FR 70208, 70210 (November 17, 2010).
    \22\ In Activated Carbon AR3, the Department found Jacobi 
Carbons AB, Tianjin Jacobi International Trading Co. Ltd., and 
Jacobi Carbons Industry (Tianjin) are a single entity and, because 
there has been no change to this determination since the first 
administrative review, we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Activated Carbon From 
the People's Republic of China: Final Results and Partial Rescission 
of the Third Antidumping Duty Administrative Review, 76 FR 67142, 
67145 n.25 (October 31, 2011) (``Activated Carbon AR3'').
    \23\ In Activated Carbon AR1, the Department found Beijing 
Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd., and Ningxia Guanghua 
Activated Carbon Co., Ltd. are a single entity and, because there 
has been no change to this determination since the first 
administrative review, we continue to find these companies to be 
part of a single entity. Therefore, we will assign this rate to the 
companies in the single entity. See Certain Activated Carbon From 
the People's Republic of China: Notice of Preliminary Results of the 
Antidumping Duty Administrative Review and Extension of Time Limits 
for the Final Results, 74 FR 21317 (May 7, 2009), unchanged in First 
Administrative Review of Certain Activated Carbon from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, 74 FR 57995, 57996 n.2 (November 10, 2009).
    \24\ As discussed above in this notice, the PRC-Wide entity 
includes Hebei Foreign Trade and Advertising Corporation; Jilin 
Province Bright Future Industry and Commerce Co., Ltd.; and United 
Manufacturing International (Beijing) Ltd.

[[Page 67339]]



------------------------------------------------------------------------
                                                     Margin (dollars per
                      Exporter                          kilogram) \21\
------------------------------------------------------------------------
Datong Juqiang Activated Carbon Co., Ltd...........                0.00
Jacobi Carbons AB \22\.............................                0.44
Ningxia Guanghua Cherishmet Activated Carbon Co.,                  2.11
 Ltd.\23\..........................................
Datong Municipal Yunguang Activated Carbon Co.,                    1.04
 Ltd...............................................
Jilin Bright Future Chemicals Company, Ltd.........                1.04
Ningxia Mineral and Chemical Limited...............                1.04
Shanxi DMD Corporation.............................                1.04
Shanxi Sincere Industrial Co., Ltd.................                1.04
Shanxi Industry Technology Trading Co., Ltd........                1.04
Tangshan Solid Carbon Co., Ltd.....................                1.04
Tianjin Maijin Industries Co., Ltd.................                1.04
PRC-Wide Rate \24\.................................                2.42
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. As 
the Department stated in the most recent administrative review,\25\ we 
will continue to direct CBP to assess importer-specific assessment 
rates based on the resulting per-unit (i.e., per-kilogram) rates by the 
weight in kilograms of each entry of the subject merchandise during the 
POR. Specifically, we calculated importer-specific duty assessment 
rates on a per-unit rate basis by dividing the total dumping margins 
(calculated as the difference between normal value and export price or 
constructed export price) for each importer by the total sales quantity 
of subject merchandise sold to that importer during the POR. If an 
importer (or customer)-specific assessment rate is de minimis (i.e., 
less than 0.50 percent), the Department will instruct CBP to assess 
that importer (or customer's) entries of subject merchandise without 
regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2).
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    \25\ Activated Carbon AR3, 76 FR at 67145.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise 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 Jacobi, DJAC, 
Cherishmet, and the Separate Rate Respondents, the cash deposit rate 
will be their respective rates established in the final results of this 
review, except if the rate is zero or de minimis no cash deposit will 
be required; (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 $2.42 per 
kilogram; and (4) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporters that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Notification to Importers Regarding The Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.


[[Page 67340]]


    Dated: November 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--Issues & Decision Memorandum

General Issues

COMMENT I: SELECTION OF SURROGATE COUNTRY
    A. Economic Comparability
    B. Significant Producer of the Comparable Merchandise
    C. Data Considerations
 A. Anthracite Coal
 B. Bituminous Coal
 C. Carbonized Material
 D. Hydrochloric Acid
 E. Labor
 F. Financial Ratios
COMMENT II: CALCULATION OF THE SEPARATE RATE
COMMENT III: MISCELLANEOUS SURROGATE VALUES
    A. ELECTRICITY
    B. SALT
    C. BUCKLES
COMMENT IV: PER-UNIT ASSESSMENT/DUTY ABSORPTION

Company-Specific Issues

COMMENT V: VALUATION OF JACOBI'S CONSUMPTION OF BITUMINOUS COAL FOR 
HEATING
COMMENT VI: VALUATION OF JACOBI'S CONSUMPTION OF STEAM COAL INPUT
COMMENT VII: CALCULATION OF FREIGHT FOR CERTAIN PACKING INPUTS
COMMENT VIII: CALCULATION OF JACOBI'S TRANSPORT BAGS IN NORMAL VALUE
COMMENT IX: DO NOT USE AN ADJUSTMENT FOR DIRECT LABOR AND 
ELECTRICITY FOR CHERISHMET

[FR Doc. 2012-27423 Filed 11-8-12; 8:45 am]
BILLING CODE 3510-DS-P