[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56248-56249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22052]


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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 Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
certain activated carbon (activated carbon) from the People's Republic 
of China (China). Further, Commerce preliminarily determines that 
Ningxia Huahui Environmental Technology Co., Ltd. (Huahui 
Environmental) is the successor-in-interest to Ningxia Huahui Activated 
Carbon Co., Ltd. (Ningxia Huahui), and should be assigned the same AD 
cash deposit rate for purposes of determining AD liability on activated 
carbon from China. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable October 8, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-0339.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2007, Commerce published the AD order on activated 
carbon from China, which included Ningxia Huahui.\1\ Pursuant to the 
Order, Commerce assigned Ningxia Huahui an AD cash deposit rate, of 
67.14 percent, based on the non-selected respondent rate.\2\ In the 
most recently completed administrative review covering the period April 
1, 2018, through March 31, 2019, we assigned Ningxia Huahui a separate 
rate, as a non-individually examined exporter under review.\3\
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    \1\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (Order).
    \2\ See Order, 72 FR at 20990.
    \3\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Rescission of 
Administrative Review, in Part; 2018-2019, 86 FR 10539 (February 22, 
2021).
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    On August 20, 2021, Huahui Environmental requested that Commerce 
conduct a CCR of the Order to confirm that ``Ningxia Huahui 
Environmental Technology Co., Ltd.'' is the successor-in-interest to 
Ningxia Huahui and that it be subject to Ningxia Huahui's AD margin for 
activated carbon from China.\4\ No interested parties filed comments 
opposing the CCR request.
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    \4\ See Ningxia Huahui's Letter, ``Activated Carbon from the 
People's Republic of China--Ningxia Huahui Changed Circumstances 
Review,'' dated August 20, 2021 (CCR Request).
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Scope of the Order

    The merchandise covered by the scope of this order is activated 
carbon. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Initiation and 
Preliminary Results of the Changed Circumstances Review of the 
Antidumping Duty Order on Certain Activated Carbon from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Methodology

    We are conducting this CCR in accordance with section 751(b)(1) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216. For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed 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. In addition, a complete version of the 
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/.

Initiation and Preliminary Results of CCR

    Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216, 
Commerce will conduct a CCR upon receipt of information concerning, or 
a request from an interested party for a review of, an AD order which 
shows changed circumstances sufficient to warrant a review of the 
order. The information submitted by Huahui Environmental supporting its 
claim that Huahui Environmental should be treated as the successor-in-
interest to Ningxia Huahui, demonstrates changed circumstances 
sufficient to warrant such a review.\6\ Therefore, in accordance with 
751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are initiating a CCR 
based on the information contained in the CCR request.
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    \6\ See 19 CFR 351.216(d).
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    Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce can combine the 
notice of initiation of a CCR and the notice of preliminary results of 
a CCR into a single notice if Commerce concludes that expedited action 
is warranted. In this instance, because the record contains the 
information necessary to make a preliminary finding, we find that 
expedited action is warranted and have combined the notice of 
initiation and the notice of preliminary results.\7\ In this CCR, 
pursuant to section 751(b) of the Act, Commerce conducted a successor-
in-interest analysis. In making a successor-in-interest determination, 
Commerce examines several factors, including, but not limited to, 
changes in the following: (1) Management; (2) production facilities; 
(3) supplier

[[Page 56249]]

relationships; and (4) customer base.\8\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, Commerce 
will consider the new company to be the successor to the previous 
company if the new company's resulting operation is not materially 
dissimilar to that of its predecessor.\9\ Thus, if the record evidence 
demonstrates that, with respect to the production and sale of the 
subject merchandise, the new company operates as the same business 
entity as the predecessor company, Commerce may assign the new company 
the cash deposit rate of its predecessor.\10\
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    \7\ See 19 CFR 351.221(c)(3)(ii); see also, e.g., Notice of 
Initiation and Preliminary Results of Changed Circumstances Reviews: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China: Final Results of Changed Circumstances Reviews, 
85 FR 14638 (March 13, 2020).
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from 
India Preliminary Results), unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 81 FR 90774 (December 15, 2016) 
(Shrimp from India Final Results).
    \9\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
    \10\ Id.
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    We preliminarily determine that Huahui Environmental is the 
successor-in-interest to Ningxia Huahui. Record evidence, as submitted 
by Huahui Environmental, indicates that Huahui Environmental operates 
as essentially the same business entity as Ningxia Huahui with respect 
to the subject merchandise.\11\ For the complete successor-in-interest 
analysis, see the Preliminary Decision Memorandum.
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    \11\ See CCR Request.
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    Should our final results remain unchanged from these preliminary 
results, we will instruct U.S. Customs and Border Protection to assign 
entries of subject merchandise exported by Huahui Environmental the AD 
cash deposit rate applicable to Ningxia Huahui (i.e., 0.65 U.S. 
dollars/kilogram). Commerce will issue its final results of the review 
in accordance with the time limits set forth in 19 CFR 351.216(e).

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 14 days of publication of this notice.\12\ In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 14 days after the date of publication of this 
notice.\13\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the deadline for 
case briefs, in accordance with 19 CFR 351.309(d).\14\ Parties who 
submit case or rebuttal briefs 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.\15\ All comments are to be 
filed electronically using ACCESS, available to registered users at 
https://access.trade.gov, and must also be served on interested 
parties. An electronically filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is 
due.\16\ Note that Commerce has temporarily modified certain 
requirements for serving documents containing business proprietary 
information, until further notice.\17\
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    \12\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \13\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
    \15\ See 19 CFR 351.309(c)(2).
    \16\ See 19 CFR 351.303(b).
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Consistent with 19 CFR 351.216(e), Commerce will issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated, or within 45 days of publication of these 
preliminary results, if all parties agree to the preliminary finding.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216(b), and 351.221(c)(3)(ii).

    Dated: October 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2021-22052 Filed 10-7-21; 8:45 am]
BILLING CODE 3510-DS-P