[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58229-58231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25144]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review; 2016-
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 22, 2018, the Department of Commerce (Commerce)
published in the Federal Register the final results of the
administrative review of the antidumping duty (AD) order on certain
activated carbon from the People's Republic of China (China). Commerce
is amending the final results of the administrative review to correct
ministerial errors.
DATES: Applicable November 19, 2018.
FOR FURTHER INFORMATION CONTACT: John Anwesen or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0131
or (202) 482-0339, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 58230]]
On October 22, 2018, Commerce published in the Federal Register the
final results of the administrative review of certain activated carbon
from China.\1\ On October 23, 2018, Datong Juqiang submitted timely
ministerial error allegations regarding the Final Results. In addition,
Tianjin Channel Filters Co., Ltd. (TCF), Jilin Bright Future Chemicals
Co. Ltd (Jilin Bright Future), Datong Municipal Yunguang Activated
Carbon Co., Ltd. (Datong Yunguang), Shanxi Industry Technology Trading
Co., Ltd. (SITT), and Shanxi Dapu International Trade Co., Ltd. (Shanxi
Dapu) (collectively, No Shipment Companies) submitted timely
ministerial error allegations regarding the Final Results.
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\1\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2016-2017, 83 FR 53214 (October 22, 2018) (Final Results) and
accompanying Issues and Decision Memorandum.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \2\ With respect to final results, 19 CFR 351.224(e)
provides that Commerce ``will analyze any comments received and, if
appropriate, correct any ministerial error by amending . . . the final
results of review. . . .''
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\2\ See also 19 CFR 351.224(f).
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Ministerial Errors
A. No Shipment Companies
The No Shipment Companies allege that, in Appendix II of the Final
Results, Commerce erroneously listed TCF, Jilin Bright Future, Datong
Yunguang, SITT, and Shanxi Dapu as companies not eligible for a
separate rate and, therefore, part of the China-Wide entity. With
regard to the No Shipment Companies' allegation, we agree that the
inclusion of their names in Appendix II of the Final Results
constitutes a ministerial error. In the Final Results, we determined
that these companies made no shipments of subject merchandise during
the period of review, based on their respective certifications of no
shipments and our inquiry with CBP. Thus, the inclusion of these
companies in Appendix II of the Final Results, which identified the
companies that were not eligible for a separate rate and would be
treated as part of the China-wide entity, was an unintentional error,
and constitutes a ministerial error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f), which warrants a correction.
Consequently, we revised Appendix II to remove TCF, Jilin Bright
Future, Datong Yunguang, SITT, and Shanxi Dapu from the list of
companies not eligible for a separate rate as part of the China-Wide
entity.
B. Carbon Activated Tianjin Co., Ltd.
In reviewing the ministerial error allegations in the Final
Results, we noted that we inadvertently we applied the margin
corresponding to the incorrect comparison method, inconsistent with the
results of our differential pricing test and analysis. This error
resulted in assigning the incorrect weighted-average dumping margin to
Carbon Activated Tianjin Co., Ltd. (Carbon Activated). In the Final
Results, we inadvertently listed a dumping margin calculated based on
the average-to-transaction (A-T) comparison method, which resulted in a
$0.45/kilogram weighted-average dumping margin.\3\ However, we should
have listed the dumping margin calculated using the mixed alternative
methodology (i.e., average-to-average and A-T method),\4\ which results
in a weighted-average dumping margin of $0.23/kilogram. We find that
our application of the margin corresponding to the A-T comparison
method is an unintentional error constituting a ministerial error
within the meaning of section 751(h) of the Act and 19 CFR 351.224(f),
and warranting correction.\5\ Consequently, as explained in the
Ministerial Error Memorandum, we are amending the final weighted-
average dumping margin for Carbon Activated pursuant to 19 CFR
351.224(e) to reflect the correct methodology and weighted-average
dumping margin.
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\3\ See Final Results, 83 FR at 53214. See also Memorandum,
``Antidumping Duty Administrative Review of Certain Activated Carbon
from the People's Republic of China: Final Results Calculation
Memorandum for Carbon Activated'' at 3.
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Activated Carbon from the People's Republic of China: Final
Results Calculation Memorandum for Carbon Activated'' dated October
16, 2018 (Carbon Activated's Final Calculation Memorandum), at 3-4.
\5\ See Ministerial Error Memorandum; see also Carbon
Activated's Final Calculation Memorandum at 3-4.
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Furthermore, in the Final Results, we assigned to the non-
individually examined companies that qualified for a separate rate
(Separate Rate Companies), the weighted-average dumping margin
calculated for Carbon Activated.\6\ Consistent with our practice,
because we are amending Carbon Activated's final weighted-average
dumping margin to reflect the correct differential pricing methodology,
we are also amending the separate rate assigned to the Separate Rate
Companies.
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\6\ See Final Results, 83 FR at 53214.
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Revisions Not Covered by Section 751(h) of the Act
In its timely filed ministerial allegation letter, Datong Juqiang
alleges that, in the Datong Juqiang-specific draft liquidation
instructions, Commerce identified one importer/customer by its short
name, not its full legal name. In the final Datong Juqiang-specific
liquidation instructions, Datong Juqiang requests that Commerce
identify the importer/customer by both its full legal name and short
name. Datong Juqiang also requests that Commerce revise the instruction
to include an additional customer reported by Datong Juqiang in its
responses, to avoid any confusion with United States Customs and Border
Protection (CBP) when liquidating entries.
We find that Datong Juqiang's alleged errors do not constitute a
ministerial error within the meaning of section 751(h) of the Act and
19 CFR 351.224(f) because they are comments on the draft liquidation
instructions, rather than allegations of error in the final results of
this administrative review. Nevertheless, we have considerd Datong
Juqiang's comment on the draft liquidation instructions and have
revised Datong Juqiang's liquidation instruction to include both the
full legal name and short name of one importer/customer as identified
by Datong Juqiang. However, consistent with our practice, we decline to
include the name of the additional customer reported by Datong Juqiang
in its responses because this customer was not reported as importer of
record, which is the information upon which importer-specific
assessment and liquidation instructions are based, unless the importer
of record is unknown. In this case, this additional customer was not
reported as an importer of record.
Amended Final Results
The amended weighted-average dumping margins are as follows:
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\7\ 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) and accompanying IDM
at Comment 3.
\8\ There are no changes to the dumping margin for Datong
Juqiang Activated Carbon Co., Ltd.
\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 Results, and
accompanying PDM at n.26.
[[Page 58231]]
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Amended
weighted-
average
Exporter dumping
margins
(USD/kg)
\7\
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Beijing Pacific Activated Carbon Products Co., Ltd.......... 0.23
Carbon Activated Tianjin Co., Ltd........................... 0.23
Datong Juqiang Activated Carbon Co., Ltd \8\................ 0.00
Jacobi Carbons AB \9\....................................... 0.23
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd....... 0.23
Ningxia Huahui Activated Carbon Co., Ltd.................... 0.23
Ningxia Mineral & Chemical Limited.......................... 0.23
Shanxi Sincere Industrial Co., Ltd.......................... 0.23
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These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e) and (g).
Dated: November 13, 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
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. Meadwestvaco (China) Holding Co., Ltd.
3. Ningxia Guanghua A/C Co., Ltd.
4. Ningxia Guanghua Activated Carbon Co., Ltd.
5. Ningxia Guanghua Chemical Activated Carbon Co., Ltd.
6. Ningxia Jirui Activated Carbon
7. Shanxi DMD Corporation
8. Tancarb Activated Carbon Co., Ltd.
9. Tangshan Solid Carbon Co., Ltd.
10. Tianjin Jacobi International Trading Co., Ltd.
11. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2018-25144 Filed 11-16-18; 8:45 am]
BILLING CODE 3510-DS-P