[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61172-61175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25810]


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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; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its

[[Page 61173]]

Preliminary Results of the seventh antidumping duty administrative 
review on certain activated carbon from the People's Republic of China 
(``PRC'') on May 5, 2015.\1\ Based upon our analysis of the comments 
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 Review'' section of this notice. The period of review 
(``POR'') is April 1, 2013, through March 31, 2014.
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    \1\ See Certain Activated Carbon From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 25669 (May 5, 2015), and accompanying 
Preliminary Decision Memorandum (``Preliminary Results'').

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DATES: Effective date: October 9, 2015.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Frances Veith, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, or (202) 
482-4295, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on May 5, 2015.\2\ 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results.\3\ In the Preliminary Results, the 
Department provided parties the opportunity to submit post-Preliminary 
Results comments on surrogate country lists and surrogate country 
selection. The Department extended this deadline based on requests from 
interested parties.\4\ Additionally, the Department extended the 
deadlines for submission of case and rebuttal briefs three times based 
on requests from interested parties.\5\ On June 22, 2015, Carbon 
Activated,\6\ Datong,\7\ Jacobi,\8\ and Petitioners \9\ submitted case 
briefs. On July 2, 2015, Carbon Activated, Datong, Jacobi, and 
Petitioners submitted rebuttal briefs. On June 26, 2015, pursuant to 19 
CFR 351.302(d), we rejected Petitioners' case brief because it 
contained untimely new factual information, and instructed Petitioners 
to resubmit a redacted case brief, which they submitted on June 30, 
2015. On July 31, 2015, the Department held a public hearing. On August 
27, 2015, the Department partially extended the deadline for issuing 
the final results by 30 days.\10\
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    \2\ Id.
    \3\ Id.
    \4\ See Memorandum to the File, from Frances Veith, Senior 
International Trade Compliance Analyst, Enforcement and Compliance, 
dated May 5, 2015; see also Memorandum to the File, from Frances 
Veith, Senior International Trade Compliance Analyst, Enforcement 
and Compliance, dated May 6, 2015.
    \5\ See Memorandum to the File, from Frances Veith, Senior 
International Trade Compliance Analyst, Enforcement and Compliance, 
dated May 26, 2015; see also Memorandum to the File, from Frances 
Veith, Senior International Trade Compliance Analyst, Enforcement 
and Compliance, dated June 15, 2015, see also Memorandum to the 
File, from Frances Veith, Senior International Trade Compliance 
Analyst, Enforcement and Compliance, dated June 24, 2015.
    \6\ Carbon Activated Tianjin Co. Ltd. (``Carbon Activated'').
    \7\ Datong Juqiang Activated Carbon Co., Ltd. (``Juqiang'').
    \8\ Jacobi Carbons AB (``Jacobi'').
    \9\ Calgon Carbon Corporation and Cabot Norit Americas, Inc. 
(collectively, ``Petitioners'').
    \10\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary, through James C. Doyle, Director, Office V, from Bob 
Palmer International Trade Compliance Analyst, Office V, regarding 
``Certain Activated Carbon from the People's Republic of China 
(``PRC''): Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review,'' dated August 27, 2015.
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Scope of the Order

    The merchandise subject to the Order \11\ is certain activated 
carbon. The products are currently classifiable under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') subheading 3802.1000. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order remains 
dispositive.\12\
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    \11\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (``Order'').
    \12\ See Memorandum to Ronald Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, regarding ``Certain Activated Carbon from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results of the Seventh Antidumping Duty Administrative Review,'' 
dated concurrently with and hereby adopted by this notice, (``Issues 
and Decision Memo'') for a complete description of the Scope of the 
Order.
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Analysis of Comments Received

    In the Issues and Decision Memo, we addressed all issues raised in 
parties' case and rebuttal briefs. In an Appendix to this notice, we 
have provided a list of the issues raised by parties. The Issues and 
Decision Memo is a public document and is on file in the Central 
Records Unit (``CRU''), Room B8024 of the main Department of Commerce 
building, as well as electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the CRU. In 
addition, parties can directly access a complete version of the Issues 
and Decision Memo on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memo and the electronic 
version of the Issues and 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, Datong, and 
the non-examined, separate rate respondents.\13\ Further, the Surrogate 
Values Memo\14\ contains descriptions of our changes to the surrogate 
values.
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    \13\ See Issues and Decision Memo and the company-specific 
analysis memoranda for further explanation regarding these changes.
    \14\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office V, from Bob Palmer, 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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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Sinoacarbon International Trading Co., Ltd. (``Sinoacarbon'') did 
not have any reviewable transactions during the POR.\15\ We have not 
received any information to contradict this determination. Therefore, 
the Department determines that Sinoacarbon did not have any reviewable 
entries of subject merchandise during the POR, and will issue 
appropriate instructions that are consistent with our ``automatic 
assessment'' clarification, for these final results.\16\
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    \15\ With respect to one company under review, Ningxia Guanghua 
Activated Carbon Co., Ltd. (``Guanghua''), we preliminarily 
determined not to consider the company's statement of no shipments 
because we determined that Guanghua is part of a single entity with 
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. No party 
commented on that determination, and we continue to find that 
Guanghua's exports are subject to the cash deposit rate established 
for the single entity in this review.
    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (``Assessment 
Practice Refinement'').
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Separate Rate Respondents

    In our Preliminary Results, we determined that the following 
companies (including both mandatory respondents) met the criteria for 
separate rate status: Beijing Pacific

[[Page 61174]]

Activated Carbon Products Co., Ltd.,\17\ Calgon Carbon (Tianjin) Co., 
Ltd.; Carbon Activated Tianjin Co., Ltd.; Datong Municipal Yunguang 
Activated Carbon Co., Ltd.; Datong Juqiang Activated Carbon Co., Ltd.; 
Jacobi Carbons AB; Jilin Bright Future Chemicals Company, Ltd.; Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd.; Ningxia Huahui 
Activated Carbon Co., Ltd.; Ningxia Mineral & Chemical Limited; Shanxi 
DMD Corporation; Shanxi Industry Technology Trading Co., Ltd.; Shanxi 
Sincere Industrial Co., Ltd.; Tancarb Activated Carbon Co., Ltd.; 
Tianjin Channel Filters Co., Ltd.; and Tianjin Maijin Industries Co., 
Ltd.\18\ 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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    \17\ In the first administrative review, the Department found 
Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd., and Guanghua are a 
single entity and there is no information on the record to indicate 
the facts have changed. Therefore, we continue to treat these 
companies as a 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) (``AR1 Carbon''); AR5 PRC 
Carbon Final, 78 FR at 70535; Certain Activated Carbon From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 70163, 70165 (November 26, 
2013) at footnote 33.
    \18\ See Preliminary Results, 80 FR 25669; Preliminary Decision 
Memorandum at 6-11.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results, we assigned Jacobi's rate to the non-
individually examined companies that are eligible for a separate rate 
because only Jacobi had a preliminary estimated weighted-average 
dumping margin which was not zero, de minimis or based entirely on 
FA.\19\ In this final results of review, Jacobi continues to be the 
only individually examined company that has an estimated weighted-
average dumping margin which is not zero, de minimis or based entirely 
on FA. Therefore, we will use the rate calculated for Jacobi, which is 
1.05 U.S. Dollars per kilogram, as the rate for those companies which 
were not examined and which are eligible for a separate rate. The 
Separate-Rate Applicants receiving this rate are identified by name in 
the below ``Final Results of the Review'' section of this notice. No 
parties have commented on the methodology for calculating this separate 
rate.
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    \19\ See Preliminary Decision Memorandum at 11-12.
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Final Results of the Review

    The Department continues to find that the four companies not 
eligible for a separate rate are part of the PRC-wide entity. Those 
four companies are Ningxia Guanghua A/C Co., Ltd., Shanghai 
Astronautical Science Technology Development Corporation, Tangshan 
Solid Carbon Co., Ltd., and Zhejiang Xingda Activated Carbon Co., Ltd. 
Because no party requested a review of the PRC-wide entity and the 
Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\20\ we did not conduct 
a review of the PRC-wide entity. Thus, the rate for the PRC-wide entity 
is not subject to change as a result of this review.\21\
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    \20\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \21\ In the second administrative review of the Order, the 
Department determined that it would calculate per-unit weighted-
average dumping margins and assessment 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). See 
also 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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    For companies subject to this review which established their 
eligibility for a separate rate,\22\ the Department determines that the 
following weighted-average dumping margins exist for the POR from April 
1, 2013, through March 31, 2014: \23\
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    \22\ In the third administrative review, the Department found 
that Jacobi Carbons AB, Tianjin Jacobi International Trading Co. 
Ltd., and Jacobi Carbons Industry (Tianjin) are a single entity and, 
because there were no changes to the facts which supported that 
decision since that determination was made, we continue to find that 
these companies are part of a single entity for this administrative 
review. 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 (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, 67338 (November 9, 2012); Certain Activated Carbon From the 
People's Republic of China; 2011-2012; Final Results of Antidumping 
Duty Administrative Review, 78 FR 70533, 70535 (November 26, 2013); 
Certain Activated Carbon From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
70163, 70165 (November 25, 2014).
    \23\ As noted above, Beijing Pacific Activated Carbon Products 
Co., Ltd., Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd., 
and Ningxia Guanghua Activated Carbon Co., Ltd. comprise a single 
entity.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                                              dumping
                        Exporter                           margin  (U.S.
                                                            dollars per
                                                          kilogram) \21\
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Jacobi Carbons AB \22\..................................            1.05
Datong Juqiang Activated Carbon Co., Ltd................            0.00
Carbon Activated Tianjin Co., Ltd.......................            1.05
Calgon Carbon (Tianjin) Co., Ltd........................            1.05
Datong Municipal Yunguang Activated Carbon Co., Ltd.....            1.05
Jilin Bright Future Chemicals Company, Ltd..............            1.05
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd               1.05
 \23\...................................................
Ningxia Huahui Activated Carbon Co., Ltd................            1.05
Ningxia Mineral and Chemical Limited....................            1.05
Shanxi DMD Corporation..................................            1.05
Shanxi Industry Technology Trading Co., Ltd.............            1.05
Shanxi Sincere Industrial Co., Ltd......................            1.05
Tancarb Activated Carbon Co., Ltd.......................            1.05
Tianjin Channel Filters Co., Ltd........................            1.05
Tianjin Maijin Industries Co., Ltd......................            1.05
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
the Department has determined, and U.S. Customs and Border Protection 
(``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,\24\ 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

[[Page 61175]]

examined respondent whose weighted-average dumping margin is above de 
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.\25\ 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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    \24\ See AR6 Carbon, 79 FR at 70165.
    \25\ 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).
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    Pursuant to a refinement in the Department's non-market economy 
(``NME'') 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. 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 PRC-wide rate.\26\
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    \26\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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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, Datong, 
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; (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 in which they were reviewed; (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 equal to the weighted-
average dumping margin for the PRC-wide entity (i.e., 2.42 U.S. Dollars 
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 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: October 2, 2015.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Discussion of the Issues
General Issues
    Comment 1: Surrogate Country
    Comment 2: Financial Statements
    Comment 3: Value Added Tax and Entered Value
    Comment 4: Application of the Differential Pricing Analysis
Surrogate Values
    Comment 5: Anthracite Coal Surrogate Value
    Comment 6: Carbonized Material Surrogate Value
    Comment 7: Surrogate Value-Coal Tar
    Comment 8: Surrogate Value-Buckle
    Comment 9: Surrogate Value-Paperboard
    Comment 10: Surrogate Value-Hydrochloric Acid
    Comment 11: Labor
    Comment 12: Brokerage and Handling
    Comment 13: Truck Freight
Company Specific Issues
    Comment 14: Whether the Department Correctly Converted Jacobi's 
Indirect Selling Expense From Pounds to Metric Tons in Its Margin 
Program
    Comment 15: Juqiang's Margin Program

[FR Doc. 2015-25810 Filed 10-8-15; 8:45 am]
BILLING CODE 3510-DS-P