[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70533-70536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28359]


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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 Antidumping Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Results of the fifth antidumping duty administrative review 
on certain activated carbon from the People's Republic of China 
(``PRC'') on May 8, 2013,\1\ in which 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 of the antidumping duty 
administrative review. The final weighted-average dumping margins are 
listed below in the ``Final Results of the Reviews'' section of this 
notice. The period of review (``POR'') is April 1, 2011, through March 
31, 2012.
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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; 2011-2012, 78 FR 26748 (May 8, 2013) 
(``Preliminary Results'').

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DATES: Effective Date: November 26, 2013.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Emeka Chukwudebe, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
9068, or (202) 482-0219, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on May 8, 2012.\2\ 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results.\3\ On June 5, 2013, the Department 
fully extended the time limit for completion of the final results of 
this administrative review.\4\ On August 29, 2013, the Department 
extended the deadline for interested parties to submit case briefs and 
rebuttal briefs to September 5, 2013, and September 11, 2013, 
respectively. On September 5, 2013, Petitioners,\5\ Albemarle,\6\ 
Cherishmet,\7\ Calgon Tianjin,\8\ Huahui,\9\ and Jacobi \10\ submitted 
case briefs.\11\ On September 6, 2013, the Department extended the 
rebuttal brief deadline to September 13, 2013. On September 13, 2013,

[[Page 70534]]

Petitioners, Albemarle, and Huahui submitted rebuttal briefs.\12\
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    \2\ See id.
    \3\ See id., 78 FR at 26749.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Duty Operations, through 
James Doyle, Office Director, Office 9, Antidumping and 
Countervailing Duty Operations, from Bob Palmer, International Trade 
Compliance Analyst, Office 9, Antidumping and Countervailing Duty 
Operations: Certain Activated Carbon from the People's Republic of 
China: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review, dated June 5, 2013.
    \5\ Calgon Carbon Corporation and Cabot Norit Americas Inc. 
(collectively, ``Petitioners'').
    \6\ Albemarle Corporation (``Albemarle'').
    \7\ Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd., and Cherishmet Inc., 
(collectively, ``Cherishmet'').
    \8\ Calgon Carbon (Tianjin) Co., Ltd. (``Calgon Tianjin'').
    \9\ Ningxia Huahui Activated Carbon Co., Ltd. (``Huahui'').
    \10\ Jacobi Carbons AB and its affiliates, Tianjin Jacobi 
International Trading Co. Ltd., Jacobi Carbons Industry (Tianjin) 
Co., Ltd., and Jacobi Carbons, Inc. (collectively, ``Jacobi'').
    \11\ Jacobi Carbons AB and its affiliates, Tianjin Jacobi 
International Trading Co. Ltd., Jacobi Carbons Industry (Tianjin) 
Co., Ltd., and Jacobi Carbons, Inc. (collectively, ``Jacobi''). 
Carbon Activated Corporation, a U.S. importer domestic interested 
party, submitted a letter supporting respondents' case brief 
arguments.
    \12\ See Petitioners' Rebuttal Brief, dated September 13, 2013 
and Albemarle/Huahui's Rebuttal Brief, dated September 13, 2013.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\13\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the final results of this review is now 
November 20, 2013.
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    \13\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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Verification

    Pursuant to 19 CFR 351.307(b)(iv), we conducted verification of 
Jacobi's section C questionnaire responses.\14\
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    \14\ See ``Memorandum to the File through Catherine Bertrand, 
Program Manager, Office 9, from Emeka Chukwudebe, International 
Trade Analyst, Office 9, and Robert Palmer, Senior International 
Trade Analyst, Office 9, re: ``Verification of the CEP Sales 
Response of Jacobi Carbons AB in the Antidumping Duty Administrative 
Review of Certain Activated Carbon from the People's Republic of 
China,'' dated August 7, 2013.
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Final Determination Not To Revoke Order in Part

    In the Preliminarily Results, we announced our intention to not 
revoke the Order in part with respect to Jacobi under section 751 of 
the Tariff Act Of 1930, as amended (``the Act''), because we find that 
Jacobi has not satisfied the requirements of 19 CFR 351.222(b).\15\ We 
have received no further information following the issuance of the 
Preliminary Results that would warrant revocation of the order with 
regard to Jacobi. No parties have commented on our preliminary decision 
not to revoke the Order in part. Therefore, we will not revoke the 
Order with respect to Jacobi because they have not met the regulatory 
criteria for revocation set forth in 19 CFR 351.222(b).\16\
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    \15\ See Preliminary Results, 78 FR at 26749; see also Notice of 
Antidumping Duty Order: Certain Activated Carbon from the People's 
Republic of China, 72 FR 20988 (April 27, 2007) (``Order'').
    \16\ 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. 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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Scope of the Order

    The merchandise subject to the Order is certain activated 
carbon.\17\ 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.\18\
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    \17\ See Certain Activated Carbon from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Fifth Antidumping Duty Administrative Review,'' (``Issues & Decision 
Memo'') dated concurrently with this notice for a complete 
description of the Scope of the Order.
    \18\ See Order.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues & Decision Memo. A list of the issues which 
parties raised is attached to this notice as an Appendix. 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 Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and it is available to all parties in the 
CRU. In addition, a complete version of the Issues & Decision Memo can 
be accessed directly on the internet at http://trade.gov/enforcement. 
The signed Issues & Decision Memo and the electronic version of the 
Issues & Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our 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, Huahui, and 
the non-examined, separate rate respondents.\19\ Further, the Surrogate 
Values Memo \20\ contains descriptions of our changes to the surrogate 
values.
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    \19\ See Issues & Decision Memo and the company-specific 
analysis memoranda for further explanation regarding these changes.
    \20\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office V, from Emeka Chukwudebe, Case Analyst, 
Office V, Certain Activated Carbon from the People's Republic of 
China (``PRC''): Surrogate Values for the Final Results,'' dated 
concurrently with this notice (``Surrogate Values Memo'').
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Separate Rate Respondents

    In our Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: Jacobi, Huahui, 
Cherishmet; Datong Juqiang Activated Carbon Co., Ltd.; Datong Municipal 
Yunguang Activated Carbon Co., Ltd.; Jilin Bright Future Chemicals 
Company, Ltd.; Ningxia Mineral and Chemical Limited; Shanxi DMD 
Corporation; Shanxi Sincere Industrial Co., Ltd.; Shanxi Industry 
Technology Trading Co., Ltd.; Sinoacarbon International Trading Co., 
Ltd.; Tancarb Activated Carbon Co., Ltd.; Tangshan Solid Carbon Co., 
Ltd.; and Tianjin Maijin Industries Co., Ltd.\21\ We have received no 
comments or argument 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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    \21\ See Preliminary Results, at 78 FR 26749.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\22\ and consistent with the 
Department's practice,\23\ we assigned the non-examined, separate rate 
companies a rate calculated using the ranged total sales quantities 
from the public version of the submissions from the individually-
examined respondents with weighted-average dumping margins that are not 
zero or de minimis (i.e., less than 0.5 percent) \24\ from the public 
versions of their submissions.\25\ No parties have comments on this 
methodology. 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.\26\
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    \22\ See id., and accompanying Decision Memorandum at 9.
    \23\ 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'').
    \24\ See Jacobi's Response to the Department's Supplemental 
Section A Questionnaire (Public Version) dated October 31, 2012, at 
Exhibit 1; see also Huahui's Public Version of Exhibit A-1 for the 
Section A Response, dated August 13, 2012.
    \25\ See id.
    \26\ 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-
examined respondents with weighted-average dumping margins that are not 
zero or de

[[Page 70535]]

minimis are business-proprietary figures, we find that $0.16 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 dumping margin based on the 
calculated U.S. sales quantities of these respondents.\27\
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    \27\ See ``Memorandum to the File from Emeka Chukwudebe, Case 
Analyst, Office V, AD/CVD Operations, Re: Calculation of Separate 
Rate,'' dated concurrently with this notice.
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PRC-Wide Entity

    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.\28\ Since the 
Preliminary Results, we received no comments regarding these findings. 
Therefore, we continue to treat these entities as part of the PRC-wide 
entity.
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    \28\ The PRC-Wide entity includes Datong Locomotive Coal & 
Chemicals Co., Ltd., Ningxia Lingzhou Foreign Trade Co., Ltd. and 
Shanxi Qixian Foreign Trade Corporation. See Preliminary Results, 78 
FR at 26749.
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Rate for the PRC-Wide Entity

    The Department used the rate of 2.42 USD/kg in the most recently 
completed administrative review of this antidumping order for the PRC-
wide entity.\29\ Because nothing on the record of the instant review 
calls into question the reliability of this rate, we find it 
appropriate to continue to apply the rate of 2.42 USD/kg to the PRC-
wide entity for these final results.\30\
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    \29\ 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).
    \30\ 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 rate 
for the PRC-wide entity from the previous review).
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Final Results of the Review

    The weighted-average dumping margins for this POR are as follows:

------------------------------------------------------------------------
                                                       Weighted-average
                                                        dumping margin
                      Exporter                           (dollars per
                                                        kilogram) \31\
------------------------------------------------------------------------
Jacobi Group \32\...................................               $0.03
Ningxia Huahui Activated Carbon Co., Ltd............                0.39
Calgon Carbon (Tianjin) Co., Ltd....................                0.16
Datong Juqiang Activated Carbon Co., Ltd............                0.16
Datong Municipal Yunguang Activated Carbon Co., Ltd.                0.16
Jilin Bright Future Chemicals Company, Ltd..........                0.16
Ningxia Guanghua Cherishmet Activated Carbon Co.,                   0.16
 Ltd.\33\...........................................
Ningxia Mineral and Chemical Limited................                0.16
Shanxi DMD Corporation..............................                0.16
Shanxi Sincere Industrial Co., Ltd..................                0.16
Shanxi Industry Technology Trading Co., Ltd.........                0.16
Sinoacarbon International Trading Co., Ltd..........                0.16
Tancarb Activated Carbon Co., Ltd...................                0.16
Tangshan Solid Carbon Co., Ltd......................                0.16
Tianjin Maijin Industries Co., Ltd..................                0.16
PRC-Wide Entity \34\................................                2.42
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    \31\ 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).
    \32\ 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 Results, and 
accompanying 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) (``AR3 Carbon''); 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'').
    \33\ 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 
the present 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 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.
    \34\ 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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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 covered by this review. The Department 
intends to issue assessment instructions to CBP 15 days after the 
publication date of these final results of this review. In accordance 
with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) 
specific assessment rates for the merchandise subject to this review. 
As the Department stated in the most recent administrative review,\35\ 
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 amount of dumping 
for each importer by the total sales quantity of subject merchandise 
sold to that importer during the POR. For any individually examined 
respondent whose weighted-average dumping margin is above de

[[Page 70536]]

minimis (i.e., 0.50 percent), 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.\36\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate 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.
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    \35\ See AR4 Carbon, 77 FR at 67339.
    \36\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``NME Antidumping Proceedings'').
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    The Department 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 NME-wide rate. In addition, if the 
Department determines that an exporter under review 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 NME-wide rate. For a full discussion of this 
practice, see NME Antidumping Proceedings.

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, Huahui and 
the non-examined, separate rate respondents, the cash deposit rate will 
be equal to their weighted-average dumping margins established in the 
final results of this review, except if the rate is zero or de minimis, 
then 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 recently completed segment of this 
proceeding; (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 the equal to the weighted-average dumping margin for the PRC-
wide entity established in the final results of this review; 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 cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure

    We intend to 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)(2) 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 double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a 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(a)(3), 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 these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Dated: November 20, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues & Decision Memorandum

Comment 1: Whether Albemarle Corporation is a Domestic Interested 
Party
Comment 2: Use of an Alternative Comparison Method in Administrative 
Reviews
Comment 3: Withdrawal of the Targeted Dumping Regulation
Comment 4: Differential Pricing Analysis
Comment 5: Whether to Include Indonesian Imports in GTA Data
Comment 6: Carbonized Material Surrogate Value
Comment 7: Truck Freight
Comment 8: Hauhui's Carton Surrogate Value
Comment 9: Steam
Comment 10: Brokerage and Handling
    A. Container Weight
    B. Letter of Credit Fees
Comment 11: Water
Comment 12: Chemical Purity Adjustment
Comment 13: Adverse Facts Available for Certain Packing Factors
Comment 14: Calculation for Inland Freight and U.S. Credit Expenses
Comment 15: Accurate Liquidation Instructions
Comment 16: Huahui's FOPs for Powdered Activated Carbon

[FR Doc. 2013-28359 Filed 11-25-13; 8:45 am]
BILLING CODE 3510-DS-P