[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26748-26750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10943]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain 
activated carbon from the People's Republic of China (``PRC'') for the 
period of review (``POR'') April 1, 2011, through March 31, 2012. The 
Department has preliminarily determined that sales have been made below 
normal value (``NV''). Additionally, the Department has preliminarily 
determined not to revoke the order, in part, with respect to Jacobi 
Carbons AB (``Jacobi'').

DATES: Effective Date: May 8, 2013.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, Emeka Chukwudebe, and 
Ricardo Martinez Rivera, AD/CVD Operations, Office 9, Import 
Administration, International Trade Administration, Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-9068, (202) 482-0219, and (202) 482-4532, 
respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is certain activated 
carbon.\1\ 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.\2\
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    \1\ See ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Activated Carbon 
from the People's Republic of China,'' (``Preliminary Decision 
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Import Administration, issued concurrently 
with this notice, for a complete description of the Scope of the 
Order.
    \2\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (``Order'').

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[[Page 26749]]

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). 
Constructed export prices and export prices have been calculated in 
accordance with section 772 of the Act. Because the PRC is a non-market 
economy (``NME'') within the meaning of section 771(18) of the Act, NV 
has been calculated in accordance with section 773(c) of the Act. 
Specifically, the mandatory respondent's factors of production 
(``FOPs'') (with the exception of steam) have been valued with prices 
from a surrogate country which is economically comparable to the PRC 
and is a significant producer of comparable merchandise.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum dated concurrently 
with these results and hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit (``CRU''), room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Intent Not To Revoke Order In Part

    We preliminarily determine \3\ that we should not revoke the Order 
in part with respect to Jacobi under section 751 of the Act, because we 
find that Jacobi has not satisfied the requirements of 19 CFR 
351.222(b).\4\
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    \3\ See Preliminary Decision Memorandum, at 5.
    \4\ The Department recently modified the section of its 
regulations concerning the revocation of antidumping and 
countervailing duty orders in whole or in part, but that 
modification does not apply to this administrative review as it was 
initiated before June 20, 2012. See Modification to Regulation 
Concerning the Revocation of Antidumping and Countervailing Duty 
Orders, 77 FR 29875 (May 21, 2012). Reference to 19 CFR 351.222(b) 
thus refers to the Department's regulations prior to the 
modification.
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Verification

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the information upon which we will rely in determining our final 
results of review with respect to Jacobi.

Preliminary Results of the Review

    The Department has determined that the following preliminary 
dumping margins exist:

------------------------------------------------------------------------
                                                                Margin
                                                               (Dollars
                          Exporter                               Per
                                                              Kilogram)
                                                                 \5\
------------------------------------------------------------------------
Jacobi Group \6\...........................................         0.56
Ningxia Huahui Activated Carbon Co., Ltd...................         0.29
Calgon Carbon (Tianjin) Co., Ltd...........................         0.43
Datong Juqiang Activated Carbon Co., Ltd...................         0.43
Datong Municipal Yunguang Activated Carbon Co., Ltd........         0.43
Jilin Bright Future Chemicals Company, Ltd.................         0.43
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.\7\..         0.43
Ningxia Mineral and Chemical Limited.......................         0.43
Shanxi DMD Corporation.....................................         0.43
Shanxi Sincere Industrial Co., Ltd.........................         0.43
Shanxi Industry Technology Trading Co., Ltd................         0.43
Sinoacarbon International Trading Co., Ltd.................         0.43
Tancarb Activated Carbon Co., Ltd..........................         0.43
Tangshan Solid Carbon Co., Ltd.............................         0.43
Tianjin Maijin Industries Co., Ltd.........................         0.43
PRC-Wide Rate \8\..........................................         2.42
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
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    \5\ 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, 70211 (November 17, 2010).
    \6\ In the third administrative review, the Department found 
Jacobi, Tianjin Jacobi International Trading Co. Ltd., and Jacobi 
Carbons Industry (Tianjin) (collectively, ``Jacobi Group'') are a 
single entity and, because there were no changes to the facts which 
supported that decision, we continued to find these companies part 
of a single entity in the fourth administrative review. Because 
there have been no changes to the facts which supported that 
decision in the present review, we will assign this rate to the 
companies in the single entity. See Preliminary Decision Memorandum, 
at 16, at ``Affiliation and Collapsing''; see also Certain Activated 
Carbon From the People's Republic of China: Final Results and 
Partial Rescission of Third Antidumping Duty Administrative Review, 
76 FR 67142 (October 31, 2011); Certain Activated Carbon From the 
People's Republic of China; 2010-2011; Final Results of Antidumping 
Duty Administrative Review, 77 FR 67337, 67339 at footnote 22 
(November 9, 2012) (``AR4 Carbon'').
    \7\ In the first administrative review, 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 
were no changes to the facts which supported that decision, we 
continued to find these companies to be part of a single entity in 
AR4 Carbon. Because there have been no changes to the facts which 
supported that decision in the present review, 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 (November 10, 2009); AR4 
Carbon, 77 FR at 67339 at footnote 23.
    \8\ The PRC-Wide entity includes Datong Locomotive Coal & 
Chemicals Co., Ltd., Ningxia Lingzhou Foreign Trade Co., Ltd. and 
Shanxi Qixian Foreign Trade Corporation.
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    In accordance with 19 CFR 351.301(c)(3)(ii), for the final results 
of this administrative review, interested parties may submit publicly 
available information to value FOPs within 20 days after the date of 
publication of these preliminary results. Interested parties must 
provide the Department with supporting documentation for the publicly 
available information to value each FOP. Additionally, in accordance 
with 19 CFR 351.301(c)(1), for the final results of this administrative 
review, interested parties may submit factual information to rebut, 
clarify, or correct factual information submitted by an interested 
party less than ten days before, on, or after, the applicable deadline 
for submission of such factual information. However, the Department 
notes that 19 CFR 351.301(c)(1) permits new information only insofar as 
it rebuts, clarifies, or corrects information recently placed on the 
record. The Department generally cannot accept the submission of 
additional, previously absent from the record alternative surrogate 
value information pursuant to 19 CFR 351.301(c)(1).\9\ Additionally, 
for each piece of factual information submitted with surrogate value 
rebuttal comments, the interested party must provide a written 
explanation of what information is already on the record of the ongoing 
proceeding which the factual information is rebutting, clarifying, or 
correcting.
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    \9\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
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    Because, as noted above, the Department intends to verify the

[[Page 26750]]

information upon which we will rely in making our final determination, 
the Department will establish the briefing schedule at a later time, 
and will notify parties of the schedule in accordance with 19 CFR 
351.309. Parties who submit case briefs or rebuttal briefs in this 
proceeding are requested to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\10\
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    \10\ See 19 CFR 351.309(c) and (d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
within 30 days of the date of publication of this notice. Requests 
should contain: (1) The party's name, address and telephone number; (2) 
The number of participants; and (3) A list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\11\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., is 0.50 percent or more) in 
the final results of this review, the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of sales, in accordance with 19 CFR 
351.212(b)(1).\12\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
For those companies not assigned a separate rate from a prior segment 
of the proceeding, the Department has stated that they are not separate 
from the PRC-wide entity and that the administrative review will 
continue for these companies.\13\
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    \11\ See 19 CFR 351.212(b).
    \12\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \13\ See footnote 6.
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    The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate.\14\
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    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For each specific 
company listed above, the cash deposit rate will be that established in 
the final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; 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 
exporter that supplied that non-PRC exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: May 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Respondent Selection
2. Questionnaires
3. Scope of the Order
4. Request for Revocation, In Part
5. Withdrawal of Request for Review
6. Non-Market Economy Country
7. Separate Rates
8. Separate Rate Calculation
9. PRC--Wide Entity
10. Surrogate Country and Surrogate Value Data
11. Surrogate Country
12. Economic Comparability
13. Significant Producers of Comparable Merchandise
14. Data Availability
15. Affiliations and Collapsing
16. Facts Available for NV
17. Date of Sale
18. Comparisons to Normal Value
19. U.S. Price
20. Normal Value
21. Use of Facts Available and Adverse Facts Available for EP/CEP
22. Currency Conversion

[FR Doc. 2013-10943 Filed 5-7-13; 8:45 am]
BILLING CODE 3510-DS-P