[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27758-27760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12616]
[[Page 27758]]
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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 and
Preliminary Determination of No Shipments; 2017-2018
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 carbon from the People's Republic of China (China),
sold subject merchandise in the United States at less than fair value
during the period of review (POR) April 1, 2017 through March 31, 2018.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable June 14, 2019.
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. Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the scope of the order remains
dispositive.\1\
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\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; 2017-2018,'' dated June 10,
2019 (Preliminary Decision Memorandum) and hereby adopted by this
notice.
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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 6, 2018.\2\ On December 7, 2018, Commerce extended the
preliminary results deadline until April 30, 2019.\3\ Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018 through the
resumption of operations on January 29, 2019.\4\ If the new deadline
falls on a non-business day, in accordance with Commerce's practice,
the deadline will become the next business day. The revised preliminary
results deadline is now June 10, 2019.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 26258 (June 6, 2018) (Initiation
Notice).
\3\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Eleventh Antidumping Duty Administrative Review,'' dated
December 7, 2018.
\4\ See memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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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 Charter
Link Logistics Limited, 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., Shanxi Tianxi Purification Filter 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 but instead intend to complete the
review with respect to these seven companies, for which we have
preliminarily found no shipments, and issue appropriate instructions to
CBP based on the final results of the review.\5\
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\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because China
is an NME country within the meaning of section 771(18) of the Act,
normal value (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 239 companies for which a review
was requested \6\ 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 239 companies are part of the China-wide entity.\7\
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\6\ See Initiation Notice at 26260.
\7\ 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).
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For those companies that have established their eligibility for a
separate rate,\8\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\8\ See Preliminary Decision Memorandum.
[[Page 27759]]
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Weighted-average
dumping margin
Exporter (U.S. dollars per
kilogram) \9\
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Beijing Pacific Activated Carbon Products Co., Ltd... 3.90
Carbon Activated Tianjin Co., Ltd.................... 1.65
Datong Juqiang Activated Carbon Co., Ltd............. 4.33
Jacobi Carbons AB \10\............................... 3.90
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 3.90
Ningxia Huahui Activated Carbon Co., Ltd............. 3.90
Ningxia Mineral & Chemical Limited................... 3.90
Shanxi Sincere Industrial Co., Ltd................... 3.90
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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)(ii), 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.\11\
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\9\ 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).
\10\ 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) should be treated as
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.
\11\ See 19 CFR 351.309(d).
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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.\12\ If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
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 (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
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\14\ 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).\15\ Commerce will also calculate
(estimated) \16\ ad valorem importer-specific assessment rates with
which to assess whether the per-unit assessment rate is de minimis.\17\
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,\18\ 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, 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).
\16\ 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 (November 17, 2010), and
accompanying IDM at Comment 3. (In the second administrative review
of this proceeding, we analyzed the difference between reported
entered values and estimated customs values. In that segment, we
found substantial differences between the estimated customs values
for entries of certain activated carbon and the entered values
reported to CBP. We determined that the entered values of
constructed export price sales were being systematically
understated, which we also determined would result in the under-
collection of antidumping duties by CBP. Accordingly, we made a
determination to switch to per-unit assessment and cash deposit
rates in that and subsequent reviews.)
\17\ 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.'' and
Memorandum, ``Antidumping Duty Administrative Review of Certain
Activated Carbon the People's Republic of China: Preliminary Results
Calculation Memorandum for Carbon Activated,'' both dated June 10,
2019, and attached Margin Calculation Program Logs and Outputs.
\18\ See 19 CFR 351.106(c)(2).
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For the respondents that were not selected for individual
examination in
[[Page 27760]]
this administrative review but qualified for a separate rate, the
assessment rate will be the weighted-average rate based on publicly
available ranged U.S. sales quantities of the mandatory respondents
consistent with section 735(c)(5)(A) of the Act. Consequently, the rate
established for the non-individually examined companies is a per-unit
rate of $3.90 per kilogram.
For the final results, if we continue to treat the 239 companies,
identified at the Attachment to the Preliminary Decision Memorandum, as
part of the China-wide entity, we will instruct CBP to apply a per-unit
assessment rate of $2.42 per kilogram to all entries of subject
merchandise during the POR which were produced and/or exported by those
companies.
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.\19\ 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.\20\
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\19\ Id.
\20\ 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 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 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: June 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
a. Preliminary Finding of No Shipments
b. Non-Market Economy Country
c. Separate Rates
d. Dumping Margin for Non-Examined Separate-Rate Companies
e. Surrogate Country and Surrogate Value Data
f. Partial Facts Available
g. Date of Sale
h. Comparisons to Normal Value
i. U.S. Price
j. Normal Value
k. Currency Conversion
V. Recommendation
[FR Doc. 2019-12616 Filed 6-13-19; 8:45 am]
BILLING CODE 3510-DS-P