[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27559-27560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10746]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On May 11, 2021, the Court of International Trade (CIT) issued 
its final judgment in Calgon Carbon Corporation et al. v. United 
States, Consol. Court No. 18-00232, sustaining the Department of 
Commerce's (Commerce's) second remand results pertaining to the tenth 
administrative review of the antidumping duty (AD) order on certain 
activated carbon from the People's Republic of China (China) covering 
the period of April 1, 2016, through March 31, 2017. Commerce is 
notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margin assigned to Carbon Activated Tianjin Co., Ltd. (Carbon 
Activated) and Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
(GHC).

DATES: Applicable May 21, 2021.

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

SUPPLEMENTARY INFORMATION:

Background

    On October 22, 2018, Commerce published its Final Results in the 
2016-2017 AD administrative review of certain activated carbon from 
China.\1\ Commerce calculated a weighted-average dumping margin of 0.00 
U.S. dollars (USD)/kilogram (kg) for Datong Juqiang Activated Carbon 
Co., Ltd. (Datong Juqiang) and a weighted-average dumping margin of 
0.45 USD/kg for Carbon Activated, and assigned GHC a separate rate of 
0.45 USD/kg.\2\
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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).
    \2\ Id.
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    After correcting ministerial errors contained in the Final Results, 
on November 19, 2018, Commerce published the Amended Final Results. 
Commerce calculated a weighted-average dumping margin of 0.00 USD/kg 
for Datong Juqiang and a weighted-average dumping margin of 0.23 USD/kg 
for Carbon Activated, and assigned GHC a separate rate of 0.23 USD/
kg.\3\
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    \3\ See Certain Activated Carbon from the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative 
Review; 2016-2017, 83 FR 58229 (November 19, 2018) (Amended Final 
Results).
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    Carbon Activated, Datong Juqiang, and GHC (collectively, the 
Respondents) appealed Commerce's Final Results/Amended Final Results. 
On May 13, 2020, the CIT remanded the Final Results/Amended Final 
Results to Commerce, and directed Commerce to reconsider Commerce's 
determination to include the imports from France and Japan in the Thai 
import data used to value the mandatory respondents' (i.e., Carbon 
Activated and Datong Juqiang) carbonized material input, and also to 
reconsider Commerce's adjustments to the surrogate financial ratios.\4\
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    \4\ See Calgon Carbon Corporation et al. v. United States, 443 
F. Supp. 3d. 1334 (CIT 2020).
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    In its first remand redetermination, issued in August 2020, 
Commerce (1) reconsidered and further explained Commerce's 
determination to include the French and Japanese import data in the 
Thai import data used to value carbonized material in the Final 
Results; and (2) reconsidered and further explained Commerce's 
allocation of certain line items in valuing financial ratios using the 
2016 financial statements from the Romanian company, Romcarbon SA 
(Romcarbon).\5\ Specifically, Commerce excluded the imports from Japan 
from the Thai import data and continued to include the imports from 
France. In addition, Commerce made necessary changes in the allocation 
of certain line items in calculating the financial ratios using the 
2016 financial statements from Romcarbon. Accordingly, Commerce made 
changes to the margin calculations for the mandatory respondents and 
revised the separate rate for GHC.\6\ On December 21, 2020, the CIT 
remanded for a second time, and directed Commerce to again reconsider 
Commerce's inclusion of the imports from France in the Thai surrogate 
value for carbonized material.\7\
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    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Calgon Carbon Corporation et al. v. United States, Consol. 
Court No. 18-00232, Slip Op. 20-65, dated August 4, 2020, available 
at https://enforcement.trade.gov/remands/20-65.pdf.
    \6\ Id. at 1-3, 23-25.
    \7\ See Calgon Carbon Corporation et al. v. United States, 487 
F. Supp. 3d 1359 (CIT 2020).
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    In its second remand redetermination, issued in March 2021, 
Commerce reconsidered its determination to include the imports from 
France in the Thai import data used to value carbonized material and, 
under protest, excluded the imports from France from the Thai surrogate 
value for carbonized material. Accordingly, Commerce made necessary 
changes to the margin calculations for the mandatory respondents and 
revised the separate rate for GHC.\8\ The CIT sustained Commerce's 
final redetermination.\9\
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    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Calgon Carbon Corporation et al. v. United States, Consol. 
Court No. 18-00232, Slip Op. 20-187, dated March 16, 2021, available 
at https://enforcement.trade.gov/remands/20-187.pdf (Second Final 
Results of Redetermination) at 1-2, 18-19. Commerce notes that 
although Datong Juqiang participated in the litigation, in the 
Second Final Results of Redetermination, subsequently sustained by 
the CIT, Datong Juqiang's rate remained unchanged from the Amended 
Final Results at 0.00 USD/kg.
    \9\ See Calgon Carbon Corporation et al. v. United States, 
Consol. Court No. 18-00232, Slip Op. 21-58 (CIT May 11, 2021).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(a) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's May 11, 2021 judgment constitutes a final decision of the CIT 
that is not in harmony with Commerce's Final Results/Amended Final 
Results. Thus, this notice is published in fulfillment of the 
publication requirement of Timken.
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    \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce amends the 
Final Results and Amended Final Results with respect to Carbon 
Activated and GHC as follows: \12\
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    \12\ Commerce notes that Datong Juqiang's rate remains unchanged 
from the Amended Final Results at 0.00 USD/kg.

[[Page 27560]]



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                                                             Weighted-
                                                              average
                        Exporters                         dumping margin
                                                            (USD/kg) 13
 
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Carbon Activated Tianjin Co., Ltd.......................            0.00
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd...            0.00
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Cash Deposit Requirements
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    \13\ In the second administrative review, Commerce determined 
that it would calculate per-unit assessment and cash deposit 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 Certain Activated Carbon from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 61172 (October 9, 2015), at 
61174 n.21.
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    Because Carbon Activated and GHC have superseding cash deposit 
rates, i.e., there have been final results published in a subsequent 
administrative review, we will not issue revised cash deposit 
instructions to U.S. Customs and Border Protection (CBP). This notice 
will not affect the current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: Were produced and exported by Carbon 
Activated, Datong Juqiang, or GHC, and were entered, or withdrawn from 
warehouse, for consumption during the period April 1, 2016, through 
March 31, 2017. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to liquidate without regard to antidumping duties 
unliquidated entries of subject merchandise produced and exported by 
Carbon Activated, Datong Juqiang, and GHC in accordance with 19 CFR 
351.212(b).\14\ For all other enjoined entries of subject merchandise 
from companies other than those specified above, we will instruct CBP 
to assess antidumping duties on all appropriate entries consistent with 
the Final Results/Amended Final Results.
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012); see 
also 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: May 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-10746 Filed 5-20-21; 8:45 am]
BILLING CODE 3510-DS-P