[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11513-11515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04729]


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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; 2014-
2015

AGENCY: Enforcement and Compliance, 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, 2014, through March 31, 2015. The 
Department preliminarily finds that subject merchandise has been sold 
in the United States at prices below normal value (``NV'') during the 
POR. The Department invites interested parties to comment on these 
preliminary results.

DATES: Effective March 4, 2016.

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:

Scope of the Order

    The merchandise subject to the order is certain activated carbon. 
The products are currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheading 3802.10.00.\1\ 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order remains 
dispositive.
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    \1\ For a complete description of the Scope of the Order, see 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Certain Activated Carbon From the 
People's Republic of China; 2014-2015'' (``Preliminary Decision 
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado 
Assistant Secretary for Enforcement and Compliance, issued 
concurrently with, and hereby adopted by, this notice.
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Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection 
(``CBP'') information, and no shipment certifications submitted by 
Carbon Activated Tianjin Co., Ltd. (``Carbon Activated''), the 
Department preliminarily determines that Carbon Activated had no 
shipments during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
    Consistent with our practice in non-market economy (``NME'') cases, 
the Department is not rescinding this review, in part, but intends to 
complete the review with respect to Carbon Activated, for which it has 
preliminarily found no shipments, and issue appropriate instructions to 
CBP based on the final results of the review.\2\
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    \2\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). We 
calculated constructed export prices and export prices 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.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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

[[Page 11514]]

available to all parties in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

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 Carbons AB.

Preliminary Results of the Review

    The Department preliminarily finds that 181 companies \3\ for which 
a review was requested did not establish eligibility for a separate 
rate because they either failed to provide a timely response to a 
separate rate application (``SRA''); to a supplemental questionnaire; 
or did not file a SRA or a SRC. As such, we preliminarily determine 
that they \4\ are part of the PRC-wide entity.\5\
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    \3\ Two companies, Beijing Embrace Technology Co. Ltd. 
(``Beijing Embrace'') and Shanxi Carbon Industry Co., Ltd. (``Shanxi 
Carbon''), did not establish eligibility for a separate rate because 
Beijing Embrace and Shanxi Carbon failed to provide a timely 
response to a separate rate application (``SRA'') or to a 
supplemental questionnaire and 179 companies did not establish 
eligibility for a separate rate because they did not provide the 
Department with a response to a SRA or a separate rate certification 
(``SRC''). See ``Separate Rates'' section of the Preliminary 
Decision Memorandum at Attachment I for a complete list of the 179 
company names.
    \4\ Id.
    \5\ 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, we did not 
conduct a review of the PRC-wide entity. Thus, the rate for the NME 
entity is not subject to change as a result of this review. 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).
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    For companies subject to this review that established their 
eligibility for a separate rate, the Department preliminarily 
determines that the following weighted-average dumping margins exist 
for the POR from April 1, 2014, through March 31, 2015:
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    \6\ 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'').

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                                              dumping
                        Exporter                           margin (U.S.
                                                            dollars per
                                                           kilogram) \6\
------------------------------------------------------------------------
Jacobi Carbons AB \7\...................................            2.80
Datong Juqiang Activated Carbon Co., Ltd................            0.29
Calgon Carbon (Tianjin) Co., Ltd........................            2.22
Datong Municipal Yunguang Activated Carbon Co., Ltd.....            2.22
Jilin Bright Future Chemicals Company, Ltd..............            2.22
Ningxia Guanghua Cherishmet Activated Carbon Co.,                   2.22
 Ltd.\8\................................................
Ningxia Huahui Activated Carbon Co., Ltd................            2.22
Ningxia Mineral and Chemical Limited....................            2.22
Shanxi DMD Corporation..................................            2.22
Shanxi Dapu International Trade Co., Ltd................            2.22
Shanxi Industry Technology Trading Co., Ltd.............            2.22
Shanxi Sincere Industrial Co., Ltd......................            2.22
Shanxi Tianxi Purification Filter Co., Ltd..............            2.22
Sinoacarbon International Trading Co., Ltd..............            2.22
Tancarb Activated Carbon Co., Ltd.......................            2.22
Tianjin Channel Filters Co., Ltd........................            2.22
Tianjin Maijin Industries Co., Ltd......................            2.22
------------------------------------------------------------------------

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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    \7\ In the third administrative review of the Order, 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; 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). 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), and; Certain 
Activated Carbon From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review; 2013-2014, 80 FR 61172 
(October 9, 2015) (``AR5 Final''). See also Preliminary Decision 
Memorandum.
    \8\ In the first administrative review of the Order, the 
Department found that 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 since that determination, 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: 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); and Certain Activated 
Carbon From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 2011-2012, 78 FR 70533 
(November 26, 2013) at footnote 33; 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), and AR5 Final. See also Preliminary Decision Memorandum.
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    Because, as noted above, the Department intends to verify the 
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. Interested parties may submit written comments in the form of 
case briefs and rebuttal comments in the form of rebuttal briefs within 
five days after the time limit for filing case briefs.\9\ Rebuttal 
briefs must be limited to issues raised in the case briefs.\10\ 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.\11\
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    \9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \10\ See 19 CFR 351.309(d)(2).
    \11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance 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 parties intend to discuss.

[[Page 11515]]

Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs.\12\ If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\13\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (``ET'') 
on the due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of issues raised in any briefs, within 120 days 
of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

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.\14\ 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 (estimated) ad 
valorem weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent) 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 quantity of those sales, in 
accordance with 19 CFR 351.212(b)(1).\15\ The Department will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to assess whether the per-unit assessment rate is de 
minimis. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
ad valorem assessment rate calculated in the final results of this 
review is not zero or de minimis. Where either the respondent's ad 
valorem weighted-average dumping margin is zero or de minimis, or an 
importer-specific ad valorem assessment rate is zero or de minimis,\16\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ 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).
    \16\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales data submitted 
by companies individually examined during this review, the Department 
will instruct CBP to liquidate such entries at the rate for the PRC-
wide entity.\17\ Additionally, 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 rate for the PRC-
wide entity.\18\
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    \17\ Id.
    \18\ Id.
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    In accordance with section 751(a)(2)(C) of the Act, 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 antidumping 
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 section 751(a)(2)(C) of the Act: (1) For each specific 
company listed in the final results of review, the cash deposit rate 
will be equal to the weighted-average dumping margin established in the 
final results of this review (except, if the rate is de minimis, then 
cash deposit rate will be zero); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that received a 
separate rate in the completed segment of this proceeding for the most 
recent period, the cash deposit rate will continue to be the existing 
exporter-specific cash deposit 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 the rate for the PRC-wide 
entity; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own separate 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 POR. 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.

Notification to Interested Parties

    This administrative review and notice are 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: February 26, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:

1. Summary
2. Background
    a. Initiation
    b. Respondent Selection
    c. Questionnaires
    d. Scope of the Order
3. Discussion of the Methodology
    a. Preliminary Determination of No Shipments
    b. Non-Market Economy Country
    c. Separate Rates
    d. Weighted-Average Dumping Margin for Non-Examined Separate 
Rate Companies
    e. Surrogate Country and Surrogate Value Data
    f. Facts Available for Normal Value
    g. Date of Sale
    h. Comparisons to Normal Value
    i. U.S. Price
    j. Normal Value
    k. Currency Conversion
4. Recommendation

[FR Doc. 2016-04729 Filed 3-3-16; 8:45 am]
 BILLING CODE 3510-DS-P