[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Pages 53214-53216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22969]


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

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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Datong 
Juqiang Activated Carbon Co. Ltd. (Datong Juqiang) and Carbon Activated 
Tianjin Co., Ltd. (Carbon Activated) sold activated carbon from the 
People's Republic of China at less than normal value (NV) during the 
period of review (POR) April 1, 2016, through March 31, 2017.

DATES: Applicable October 22, 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: 

Background

    Commerce published the Preliminary Results \1\ on May 18, 2018. For 
events subsequent to the Preliminary Results, see Commerce's Issues and 
Decision Memorandum.\2\ On August 2, 2018,\3\ in accordance with 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
Commerce extended the deadline for issuing the final results until 
October 17, 2018.
---------------------------------------------------------------------------

    \1\ See 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, 83 FR 
23254 (May 18, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results of the Tenth Antidumping Duty Administrative Review,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memorandum, ``Activated Carbon from the People's 
Republic of China: Extension of Deadline for Final Results of 2016-
2017 Antidumping Duty Administrative Review,'' dated August 2, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order \4\ 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.\5\
---------------------------------------------------------------------------

    \4\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (Order).
    \5\ See Issues and Decision Memorandum for a complete 
description of the scope of the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in parties' case and rebuttal briefs. In Appendix I to this 
notice, we provided a list of the issues raised by parties. The Issues 
and Decision Memorandum 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 Memorandum on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum 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 made certain 
revisions to the margin calculations for Carbon Activated and Datong 
Juqiang,\6\ and to the rate assigned to the non-examined, separate rate 
respondents. Further, the Issues and Decision Memorandum contains 
descriptions of these revisions.\7\
---------------------------------------------------------------------------

    \6\ See Memoranda, ``Antidumping Duty Administrative Review of 
Certain Activated Carbon from the People's Republic of China: Final 
Results Calculation Memorandum for Carbon Activated'' (Carbon 
Activated's Final Calculation Memorandum) and ``Antidumping Duty 
Administrative Review of Certain Activated Carbon the People's 
Republic of China: Final Results Calculation Memorandum for Datong 
Juqiang Activated Carbon Co., Ltd. '' (Datong Juqiang's Final 
Calculation Memorandum) dated concurrently with this memorandum; see 
also Memorandum, ``Tenth Administrative Review of Certain Activated 
Carbon from the People's Republic of China: Surrogate Values for the 
Final Results,'' dated concurrently with this memorandum.
    \7\ See Issues and Decisions Memorandum at 3-4 for a summary of 
these revisions.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that Calgon 
Carbon (Tianjin) Co., Ltd., (Calgon Tianjin), Datong Municipal Yunguang 
Activated Carbon Co., Ltd. (Datong Yunguang), Jilin Bright Future 
Chemicals Co., Ltd. (Jilin Bright Future), Shanxi Dapu International 
Trade Co., Ltd. (Shanxi Dapu), Shanxi Industry Technology Trading Co., 
Ltd. (Shanxi Industry), Shanxi Tianxi Purification Filter Co., Ltd. 
(Shanxi Tianxi), and Tianjin Channel Filters Co., Ltd. (Tianjin 
Channel) had no shipments of subject merchandise to the United States 
during the POR.\8\ We received no information to contradict this 
determination. Therefore, we continue to find that Calgon Tianjin, 
Datong Yunguang, Jilin Bright Future, Shanxi Dapu, Shanxi Industry, 
Shanxi Tianxi, and Tianjin Channel had no shipments of subject 
merchandise during the POR and will issue appropriate liquidation 
instructions that are consistent with our ``automatic assessment'' 
clarification for these final results.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 83 FR at 23255.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment 
Practice Refinement).
---------------------------------------------------------------------------

Separate Rate Respondents

    In our Preliminary Results, we determined that Carbon Activated, 
Datong Juqiang, and six other companies demonstrated their eligibility 
for separate rates.\10\ We received no comments or argument since the 
issuance of the Preliminary Results that provide a basis for 
reconsideration of these determinations. Therefore, for these final 
results, we continue to find that the six companies listed in the table 
in the ``Final Results'' section of this notice are eligible for a 
separate rate.
---------------------------------------------------------------------------

    \10\ See Preliminary Results, and accompanying PDM at 5-9.
---------------------------------------------------------------------------

Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look to section 735(c)(5) of the Act, which provides 
instructions

[[Page 53215]]

for calculating the all-others rate in an investigation, for guidance 
when calculating the rate for respondents not individually examined in 
an administrative review. Section 735(c)(5)(A) of the Act articulates a 
preference for not calculating an all-others rate using rates which are 
zero, de minimis, or based entirely on facts available.\11\ 
Accordingly, we generally will determine the dumping margin for 
companies not individually examined by averaging the weighted-average 
dumping margins for the individually examined respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\12\
---------------------------------------------------------------------------

    \11\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum (IDM) at Comment 16.
    \12\ See, e.g., Preliminary Determination of Sales at Less Than 
Fair Value and Partial Affirmative Determination of Critical 
Circumstances: Certain Polyester Staple Fiber from the People's 
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged 
in Final Determination of Sales at Less Than Fair Value and Partial 
Affirmative Determination of Critical Circumstances: Certain 
Polyester Staple Fiber from the People's Republic of China, 72 FR 
19690 (April 19, 2007).
---------------------------------------------------------------------------

    For the final results, we calculated a rate only for Carbon 
Activated that was not zero, de minimis, or based entirely on facts 
available.\13\ Therefore, for these final results, following the 
practice described above, we have assigned to the companies that have 
not been individually examined, but have demonstrated their eligibility 
for a separate rate, the weighted-average rate calculated for Carbon 
Activated.
---------------------------------------------------------------------------

    \13\ See Carbon Activated's Final Calculation Memorandum and 
Datong Juqiang's Final Calculation Memorandum.
---------------------------------------------------------------------------

Final Results of the Review

    For companies subject to this review, which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the POR from April 1, 2016, 
through March 31, 2017:
---------------------------------------------------------------------------

    \14\ 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) (AR2 Carbon), and 
accompanying IDM at Comment 3.
    \15\ 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 Results, and 
accompanying PDM at n.26.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                             margin (USD/
                                                               kg) \14\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd.........         0.45
Carbon Activated Tianjin Co., Ltd..........................         0.45
Datong Juqiang Activated Carbon Co., Ltd...................         0.00
Jacobi Carbons AB \15\.....................................         0.45
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd......         0.45
Ningxia Huahui Activated Carbon Co., Ltd...................         0.45
Ningxia Mineral & Chemical Limited.........................         0.45
Shanxi Sincere Industrial Co., Ltd.........................         0.45
------------------------------------------------------------------------

    In the Preliminary Results, Commerce found that 16 companies for 
which a review was requested did not establish eligibility for a 
separate rate because they did not file a separate rate application or 
a separate rate certification, as appropriate. No interested party 
commented on Commerce's preliminary determination with respect to these 
16 companies. Therefore, for these final results we determine these 
companies, listed in Appendix II of this notice, to be part of the 
China-wide entity. Because no 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,\16\ we did 
not conduct a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (i.e., 2.42 USD/kg) 
\17\ is not subject to change as a result of this review.
---------------------------------------------------------------------------

    \16\ 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).
    \17\ See, e.g., 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).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. We intend to issue assessment instructions to CBP 15 days 
after the publication date of these final results of review.
    For each individually-examined respondent in this review which has 
a final weighted-average dumping margin that is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer- (or 
customer-) specific per-unit duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's (or 
customer's) examined sales to the total sales quantity associated with 
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis.\19\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\20\
---------------------------------------------------------------------------

    \18\ See AR2 Carbon, and accompanying IDM at Comment 3.
    \19\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Carbon Activated's Final Calculation 
Memorandum and Datong Juqiang's Calculation Memorandum and attached 
Margin Calculation Program Logs and Outputs.
    \20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the rate assigned 
to them for the final results (i.e., 0.45 USD/kg).
    For the companies identified in Appendix II as part of the China-
wide entity, we will instruct CBP to apply a per-unit assessment rate 
of 2.42 USD/kg to all entries of subject merchandise during the POR 
which were produced or exported by those companies.
    Pursuant to a refinement in our non-market economy practice, for 
sales that were not reported in the U.S. sales data submitted by 
companies individually examined during this review, we will instruct 
CBP to liquidate entries associated with those sales at the rate for 
the China-wide entity. Furthermore, where we found 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.\21\
---------------------------------------------------------------------------

    \21\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following per-unit cash deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of the subject merchandise from China entered, or 
withdrawn from warehouse, for consumption on or after the

[[Page 53216]]

publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
For Carbon Activated, Datong Juqiang, 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 Chinese and 
non-Chinese 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 Chinese 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 China-wide entity (i.e., 2.42 USD/kg); and (4) for all 
non-Chinese exporters of subject merchandise which have not received 
their own separate rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter(s) that supplied that non-Chinese 
exporter. These per-unit cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
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 Commerce'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.

    Date: October 16, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix I

Issues and Decision Memorandum

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
    Comment 1: Use of Import Statistics In lieu of Highest 
Calculated Normal Value as Adverse Facts Available
    Comment 2: Coal Tar Surrogate Value
    Comment 3: Carbonized Material Surrogate Value
    Comment 4: Hydrochloric Acid Surrogate Value
    Comment 5: Labor Surrogate Value
    Comment 6: Whether to Continue to Use the Thai Financial 
Statements
    Comment 7: Value-Added Tax Adjustments
    Comment 8: Ministerial Errors
Recommendation

Appendix II

Companies Not Eligible for a Separate Rate and To Be Treated as Part of 
China-Wide Entity

Company

1. Beijing Embrace Technology Co., Ltd.
2. Datong Municipal Yunguang Activated Carbon Co., Ltd.
3. Jilin Bright Future Chemicals Co., Ltd.
4. Meadwestvaco (China) Holding Co., Ltd.
5. Ningxia Guanghua A/C Co., Ltd.
6. Ningxia Guanghua Activated Carbon Co., Ltd.
7. Ningxia Guanghua Chemical Activated Carbon Co., Ltd.
8. Ningxia Jirui Activated Carbon
9. Shanxi Dapu International Trade Co., Ltd.
10. Shanxi DMD Corporation
11. Shanxi Industry Technology Trading Co., Ltd.
12. Tancarb Activated Carbon Co., Ltd.
13. Tangshan Solid Carbon Co., Ltd.
14. Tianjin Channel Filters Co., Ltd.
15. Tianjin Jacobi International Trading Co., Ltd.
16. Tianjin Maijin Industries Co., Ltd.

[FR Doc. 2018-22969 Filed 10-19-18; 8:45 am]
 BILLING CODE 3510-DS-P