[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23254-23257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10649]


-----------------------------------------------------------------------

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 and 
Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Datong 
Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), exporters of 
certain activated from the People's Republic of China (China), sold 
subject merchandise in the United States at prices below normal value 
(NV) during the period of review (POR) April 1, 2016, through March 31, 
2017. Interested parties are invited to comment on these preliminary 
results.

[[Page 23255]]


DATES: Applicable May 18, 2018.

FOR FURTHER INFORMATION CONTACT: John Anwesen or Jinny Ahn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0131, or (202) 482-0339, 
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.
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Activated Carbon 
from the People's Republic of China; 2016-2017,'' dated May 3, 2018 
(Preliminary Decision Memorandum) and hereby adopted by this notice.
---------------------------------------------------------------------------

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Commerce published the notice of initiation of this administrative 
review on June 7, 2017.\2\ On November 6, 2017, Commerce extended the 
preliminary results deadline until April 30, 2018.\3\ On January 23, 
2018, Commerce exercised its discretion to toll all deadlines affected 
by the closure of the Federal Government from January 20 through 22, 
2018.\4\ The revised deadline for the preliminary results of this 
review is May 3, 2018.
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 26444 (June 7, 2017) (Initiation 
Notice).
    \3\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the Tenth Antidumping Duty Administrative Review,'' dated November 
6, 2017.
    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government'' (Tolling Memorandum), dated January 23, 2018. 
All deadlines in this segment of the proceeding have been extended 
by 3 days.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, and the no shipment certifications submitted by Calgon 
Carbon (Tianjin) Co., Ltd., Datong Municipal Yunguang Activated Carbon 
Co., Ltd., Jilin Bright Future Chemicals Co., Ltd., Shanxi Dapu 
International Trade Co., Ltd., Shanxi Industry Technology Trading Co., 
Ltd., and Tianjin Channel Filters Co., Ltd., Commerce preliminarily 
determines that these companies had no shipments of subject merchandise 
during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
    Consistent with our practice in non-market economy (NME) cases, we 
are not rescinding this review, in part, but intend to complete the 
review with respect to these six companies, for which it has 
preliminarily found no shipments, and issue appropriate instructions to 
CBP based on the final results of the review.\5\
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Methodology

    Commerce 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 China is an 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 and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Preliminary Results of the Review

    Commerce preliminarily finds that 16 companies for which a review 
was requested, and not rescinded, did not establish eligibility for a 
separate rate because they failed to provide either a separate rate 
application or separate rate certification. As such, we preliminarily 
determine that these 16 companies are part of the China-wide entity.\6\
---------------------------------------------------------------------------

    \6\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity 
as an exporter conditionally subject to administrative reviews, we 
did not conduct a review of the China-wide entity. Thus, the rate 
for the China-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 China-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).
---------------------------------------------------------------------------

    For those companies that have established their eligibility for a 
separate rate,\7\ Commerce preliminarily determines that the following 
weighted-average dumping margins exist for the POR:
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                        Weighted-average
                                                         dumping margin
                       Exporter                        (U.S. dollars per
                                                         kilogram) \8\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd...               0.35
Carbon Activated Tianjin Co., Ltd....................               0.68
Datong Juqiang Activated Carbon Co., Ltd.............               0.28
Jacobi Carbons AB \9\................................               0.35
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd               0.35
Ningxia Huahui Activated Carbon Co., Ltd.............               0.35
Ningxia Mineral & Chemical Limited...................               0.35
Shanxi Sincere Industrial Co., Ltd...................               0.35
------------------------------------------------------------------------


[[Page 23256]]

Disclosure and Public Comment

    Commerce 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). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review. Parties who submit case briefs 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the case briefs are filed.\10\
---------------------------------------------------------------------------

    \8\ In the second administrative review of the Order, Commerce 
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).
    \9\ In the third administrative review of the Order, Commerce 
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). 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, 
n.25 (October 31, 2011); see also Preliminary Decision Memorandum.
    \10\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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.\11\ If a request for a hearing is made, Commerce 
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.\12\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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, Commerce 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, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\13\ Commerce 
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, Commerce 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).\14\ Commerce will also calculate (estimated) ad valorem 
importer-specific assessment rates with which to assess whether the 
per-unit assessment rate is de minimis.\15\ 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.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ In these preliminary results, Commerce 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).
    \15\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Memorandum, ``Preliminary Results Margin 
Calculation for Datong Juqiang Activated Carbon Co., Ltd.; 
Antidumping Duty Administrative Review of Certain Activated Carbon 
the People's Republic of China,'' dated May 3, 2018 and Memorandum, 
``Preliminary Results Calculation Memorandum for Carbon Activated; 
Antidumping Duty Administrative Review of Certain Activated Carbon 
the People's Republic of China,'' dated May 3, 2018, and attached 
Margin Calculation Program Log and Outputs.
    \16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales data submitted 
by companies individually examined during this review, Commerce will 
instruct CBP to liquidate such entries at the rate for the China-wide 
entity.\17\ Additionally, if Commerce 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 
China-wide entity.\18\
---------------------------------------------------------------------------

    \17\ Id.
    \18\ Id.
---------------------------------------------------------------------------

    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 China 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 this 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 Chinese and non-Chinese 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 Chinese 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 China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received

[[Page 23257]]

their own separate rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
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 Commerce'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 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. 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. Partial Facts Available and Partial Adverse Facts Available 
for Normal Value Date of Sale
    g. Comparisons to Normal Value
    h. U.S. Price
    i. Normal Value
    j. Currency Conversion
5. Recommendation

[FR Doc. 2018-10649 Filed 5-17-18; 8:45 am]
 BILLING CODE 3510-DS-P