[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68881-68883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27134]


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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; 2017-2018

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 certain activated 
carbon from the People's Republic of China (China) at less than normal 
value during the period of review (POR) April 1, 2017 through March 31, 
2018.

DATES: Applicable December 17, 2019.

FOR FURTHER INFORMATION CONTACT: Bob Palmer 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) 482-0968 or (202) 482-0339, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results \1\ on June 14, 2019. 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ On September 20, 2019,\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 
December 11, 2019.
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    \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; 2017-2018, 84 FR 
27758 (June 14, 2019) (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 Eleventh 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 2017-
2018 Antidumping Duty Administrative Review,'' dated September 20, 
2019.
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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\
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    \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.
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Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in the interested parties' case and rebuttal briefs. In Appendix 
I to this notice, we provided a list of the issues raised by the 
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 
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 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 and electronic versions of the Issues and 
Decision Memorandum are identical in content.

Verification

    Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(iv), 
we conducted verification of the questionnaire responses of Carbon 
Activated.\6\
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    \6\ See Memoranda, ``Verification of the Questionnaire Responses 
of Carbon Activated Tianjin Co., Ltd.'s Supplier in the Antidumping 
Administrative Review of Certain Activated Carbon from the People's 
Republic of China,'' and ``Verification of the Questionnaire 
Responses of Carbon Activated Tianjin Co., Ltd.'s Supplier in the 
Antidumping Administrative Review of Certain Activated Carbon from 
the People's Republic of China,'' both dated September 27, 2019.
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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,\7\ and consequently, to the rate assigned to the non-examined, 
separate rate respondents. The Issues and Decision Memorandum contains 
additional details of these revisions.\8\
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    \7\ 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), both dated concurrently with this 
memorandum; see also Memorandum, ``Eleventh Administrative Review of 
Certain Activated Carbon from the People's Republic of China: 
Surrogate Values for the Final Results,'' dated concurrently with 
this memorandum.
    \8\ See Issues and Decisions Memorandum at 3-4 for a summary of 
these revisions.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
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. had no shipments of subject merchandise to the United 
States during the POR.\9\ We received no information to contradict this 
determination. Therefore, we continue to find that these companies 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.\10\
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    \9\ See Preliminary Results, 84 FR at 27758.
    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).

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[[Page 68882]]

Separate Rate Respondents

    In our Preliminary Results, we determined that Carbon Activated, 
Datong Juqiang, and six other companies demonstrated their eligibility 
for separate rates.\11\ 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 eight companies listed in the 
table in the ``Final Results'' section of this notice are eligible for 
a separate rate.
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    \11\ See Preliminary Results PDM at 4-8.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\12\ and consistent with Commerce's 
practice,\13\ we assigned the non-examined, separate rate companies a 
rate equal to the weighted average of the calculated weighted-average 
dumping margins for the mandatory respondents that are not zero, de 
minimis (i.e., less than 0.5 percent), or based entirely on facts 
available, weighted by the total U.S. sales quantities from the public 
version of the submissions from the mandatory respondents.\14\ No 
parties commented on the methodology for calculating this separate 
rate. For the final results, we continue to apply this approach, as it 
is consistent with the intent of, and our use of, section 735(c)(5)(A) 
of the Act.\15\
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    \12\ Id. at 10-11.
    \13\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Final Results and Final Partial 
Rescission of Antidumping Duty Administrative Review, 76 FR 56158, 
56160 (September 12, 2011) (Vietnam Shrimp).
    \14\ See Memorandum, ``Certain Activated Carbon from the 
People's Republic of China: Calculation of Margin for Respondents 
Not Selected for Individual Examination,'' dated concurrently with 
this notice.
    \15\ See Vietnam Shrimp, 76 FR at 56160.
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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, 2017 
through March 31, 2018:
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    \16\ 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 Issues and Decision Memorandum (IDM) at Comment 3.
    \17\ 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 Results PDM.

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                         (USD/kg) \16\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd...               0.89
Carbon Activated Tianjin Co., Ltd....................               1.02
Datong Juqiang Activated Carbon Co., Ltd.............               0.86
Jacobi Carbons AB \17\...............................               0.89
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd               0.89
Ningxia Huahui Activated Carbon Co., Ltd.............               0.89
Ningxia Mineral & Chemical Limited...................               0.89
Shanxi Sincere Industrial Co., Ltd...................               0.89
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    In the Preliminary Results, Commerce found that 239 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.\18\ No interested party 
commented on Commerce's preliminary determination with respect to these 
239 companies. Therefore, for these final results we determine these 
companies 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,\19\ 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) \20\ is not subject to change as a 
result of this review.
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    \18\ See Preliminary Results PDM at 8.
    \19\ 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).
    \20\ 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).
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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).\21\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis.\22\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or custom- er) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\23\
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    \21\ See AR2 Carbon IDM at Comment 3.
    \22\ 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 Final Calculation Memorandum and 
attached Margin Calculation Program Logs and Outputs.
    \23\ See 19 CFR 351.106(c)(2).
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    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the

[[Page 68883]]

assessment rate will be equal to the rate assigned to them for the 
final results (i.e., 0.89 USD/kg).
    For the companies identified 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.\24\
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    \24\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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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 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.

Notification to Interested Parties

    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.

    Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Selection of the Primary Surrogate Country
    Comment 2 Bituminous Coal Surrogate Value
    Comment 3: Coal Tar Surrogate Value
    Comment 4: Calculation of Surrogate Financial Ratios
    Comment 5: Application of Adverse Facts Available for 
Merchandise Produced by Certain Suppliers of Carbon Activated
    Comment 6: Selection of Appropriate Factors of Production 
Database for Carbon Activated
    Comment 7: Correction of Preliminary Results Calculation Error
    Comment 8: Treatment of Tancarb Activated Carbon Co., Ltd.
VI. Recommendation

[FR Doc. 2019-27134 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-DS-P