[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21195-21197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09143]


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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; 2015-
2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an 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, 2015, through March 31, 2016. The Department selected two 
companies, Jacobi Carbons AB and Datong Juqiang Activated Carbon Co., 
as mandatory respondents for individual examination. 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 May 5, 2017.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or John Anwesen, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-9068, or (202) 482-
0131, 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; 2015-2016,'' (Preliminary Decision 
Memorandum) from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, issued dated 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 Calgon Carbon 
(Tianjin) Co., Ltd., Shanxi Dapu International Trade Co., Ltd., and 
Sinoacarbon International Trading Co., Ltd., the Department 
preliminarily determines that these companies 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 these companies, 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 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 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 version 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 the two mandatory respondents, Jacobi 
Carbons AB and Datong Juqiang Activated Carbon Co., Ltd.

Preliminary Results of the Review

    The Department preliminarily finds that 186 companies for which a 
review was requested did not establish eligibility for a separate rate 
because they either failed to provide a separate rate application or 
separate rate certification (SRC).\3\ As such, we preliminarily 
determine that these 186 companies are part of the PRC-wide entity.\4\
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    \3\ While Ningxia Guanghua Activated Carbon Co, Ltd. (Guanghua) 
submitted a timely SRC, it did not have any sales to the United 
States. Additionally, we note that Guanghua is part of a single 
entity with Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
See ``Separate Rates'' section of the Preliminary Decision 
Memorandum; see also, Preliminary Decision Memorandum at Attachment 
I for a complete list of the 186 companies which were not found 
eligible for a separate rate.
    \4\ Because no interested 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 PRC-wide 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). The PRC-wide entity rate of 2.42 U.S. 
dollars per kilogram was last reviewed in Certain Activated Carbon 
from the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review; 2012-2013, 79 FR 70163 (November 25, 
2014).

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[[Page 21196]]

    For companies' subject to this review that have 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, 2015, through March 31, 2016:

------------------------------------------------------------------------
                                                       Weighted- average
                                                        dumping  margin
                       Exporter                        (U.S. dollars per
                                                         kilogram) \5\
------------------------------------------------------------------------
Jacobi Carbons AB \6\................................               1.02
Datong Juqiang Activated Carbon Co., Ltd.............               0.62
Beijing Pacific Activated Carbon Products Co., Ltd...               0.82
Carbon Activated Tianjin Co., Ltd....................               0.82
Datong Municipal Yunguang Activated Carbon Co., Ltd..               0.82
Jilin Bright Future Chemicals Company, Ltd...........               0.82
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd               0.82
Ningxia Huahui Activated Carbon Co., Ltd.............               0.82
Ningxia Mineral and Chemical Limited.................               0.82
Shanxi Industry Technology Trading Co., Ltd..........               0.82
Shanxi Sincere Industrial Co., Ltd...................               0.82
Shanxi Tianxi Purification Filter Co., Ltd...........               0.82
Tancarb Activated Carbon Co., Ltd....................               0.82
Tianjin Channel Filters Co., Ltd.....................               0.82
Tianjin Maijin Industries Co., Ltd...................               0.82
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose the calculations performed for 
these preliminary results to the parties no later than ten days after 
the date of the public announcement of this notice in accordance with 
19 CFR 351.224(b).
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    \5\ 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'').
    \6\ 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 facts 
presented on the record of this review which would call into 
question our prior finding, we continue to treat these companies as 
part of a single entity for this administrative review, pursuant to 
sections 771(33)(E), (F), and (G) of the Act and 19 CFR 351.401(f). 
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 n.25 (October 31, 2011). 
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, 
interested parties may submit written comments in the form of case 
briefs within one week after the issuance of the last verification 
repot and rebuttal comments in the form of rebuttal briefs within five 
days after the time limit for filing case briefs.\7\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\8\ 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.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \8\ See 19 CFR 351.309(d)(2).
    \9\ 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. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\10\ If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Ave. NW., Washington, DC 20230, at a date and time to be 
determined.\11\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ 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 (e.g., 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.\12\ 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).\13\ The Department will

[[Page 21197]]

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,\14\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ 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).
    \14\ 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.\15\ 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 cash deposit rate) will be liquidated at the rate 
for the PRC-wide entity.\16\
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    \15\ Id.
    \16\ 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 ad valorem rate is de 
minimis, then the cash deposit rate will be zero); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have 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: May 1, 2017.
Ronald K. Lorentzen,
Acting 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. Scope of the Order
3. Discussion of the Methodology
    a. Preliminary Finding 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. 2017-09143 Filed 5-4-17; 8:45 am]
 BILLING CODE 3510-DS-P