[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73731-73734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28171]


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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; and Final 
Determination of No Shipments; 2019-2020

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, 2019, through March 
31, 2020.

DATES: Applicable December 28, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Joshua Simonidis, 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 or (202) 482-0608, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 28, 2021, Commerce published the Preliminary Results.\1\ 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ On October 7, 2021,\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 17, 2021.
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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; 2019-2020, 86 
FR 33988 (June 28, 2021) (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 Thirteenth 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 the 
Thirteenth Antidumping Duty Administrative Review,'' dated October 
7, 2021.
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Scope of the Order

    The merchandise subject to the Order \4\ is certain activated 
carbon. A full description of the scope of the Order is contained in 
the Issues and Decision Memorandum.
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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).
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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 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. In 
addition, parties can directly access a complete version of the Issues 
and Decision Memorandum on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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 Datong Juqiang,\5\ and 
consequently, to the rate assigned to the non-examined, separate rate 
respondents.\6\
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    \5\ See Memorandum, ``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), dated 
concurrently with this memorandum; see also Memorandum, ``Thirteenth 
Administrative Review of Certain Activated Carbon from the People's 
Republic of China: Surrogate Values for the Final Results,'' dated 
concurrently with this memorandum.
    \6\ For details on the changes made since the Preliminary 
Results, see the Issues and Decision Memorandum.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Beijing Pacific Activated Carbon Products 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.\7\ 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.\8\
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    \7\ See Preliminary Results, 86 FR at 33988.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rate Respondents

    In our Preliminary Results, we determined that Carbon Activated, 
Datong Juqiang, and seven other companies demonstrated their 
eligibility for separate rates.\9\ We received no 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 nine companies listed in the 
table in the ``Final Results'' section of this notice are eligible for 
a separate rate.
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    \9\ See Preliminary Results PDM at 4-8.

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[[Page 73732]]

Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\10\ and consistent with Commerce's 
practice,\11\ 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.\12\ 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.\13\
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    \10\ Id. at 9-11.
    \11\ 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).
    \12\ 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.
    \13\ See Vietnam Shrimp, 76 FR 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, 2019, 
through March 31, 2020:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                       Exporters                         margin (USD/kg)
                                                              \14\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd.....................              1.13
Datong Juqiang Activated Carbon Co., Ltd..............              0.31
------------------------------------------------------------------------
    Review-Specific Rate Applicable to the Following Companies: \15\
------------------------------------------------------------------------
Datong Municipal Yunguang Activated Carbon Co., Ltd...              0.47
Jacobi Carbons AB \16\................................              0.47
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.              0.47
Ningxia Huahui Environmental Technology Co., Ltd.                   0.47
 (formerly Ningxia Huahui Activated Carbon Co., Ltd.)
 \17\.................................................
Ningxia Mineral & Chemical Limited....................              0.47
Shanxi Sincere Industrial Co., Ltd....................              0.47
Tancarb Activated Carbon Co., Ltd.....................              0.47
------------------------------------------------------------------------

    In the Preliminary Results, Commerce found that 61 companies for 
which a review was requested \18\ did not establish eligibility for a 
separate rate because they did not file a separate rate application or 
a separate rate certification, as appropriate.\19\ No interested party 
commented on Commerce's preliminary determination with respect to these 
61 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,\20\ 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) \21\ is not subject to change as a 
result of this review.
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    \14\ 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.
    \15\ This is the rate applicable to the non-examined separate 
rate respondents, as discussed above.
    \16\ In the third administrative review of the Order, Commerce 
found that Jacobi Carbons AB, Tianjin Jacobi International Trading 
Co. Ltd. (Tianjin Jacobi), and Jacobi Carbons Industry (Tianjin) 
(Jacobi Carbons) (collectively, Jacobi) 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. Further, in a changed 
circumstances review of the Order, Commerce determined that Jacobi 
should be collapsed with its new wholly-owned Chinese affiliate, 
Jacobi Adsorbent Materials (JAM), and the single entity, inclusive 
of JAM, should be assigned the same AD cash deposit rate assigned to 
Jacobi for purposes of determining AD liability in this proceeding. 
See Certain Activated Carbon from the People's Republic of China: 
Notice of Final Results of Antidumping Duty Changed Circumstances 
Review, 86 FR 58874 (October 25, 2021). Therefore, for these final 
results, we have assigned the new Jacobi single entity, inclusive of 
JAM, the same AD rate for cash deposit purposes as the rate assigned 
to Jacobi for purposes of assessment.
    \17\ In a changed circumstances review of the Order, Commerce 
found that Ningxia Huahui Environmental Technology Co., Ltd. is the 
successor-in-interest to Ningxia Huahui Activated Carbon Co. Ltd. 
(Ninxia Huahui), and should be assigned the same AD cash deposit 
rate assigned to Ningxia Huahui for purposes of determining AD 
liability in this proceeding. See Certain Activated Carbon from the 
People's Republic of China: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, 86 FR 64184 (November 17, 2021). 
Therefore, for these final results, we have assigned the same AD 
rate for cash deposit purposes to Ningxia Huahui Environmental 
Technology Co., Ltd. as the rate assigned to Ningxia Huahui for 
assessment purposes.
    \18\ See Appendix II of this notice for a full list of the 61 
companies.
    \19\ See Preliminary Results PDM at 8. The total number of 
company names for which Commerce initiated this review is 76. Six of 
those companies under review submitted no shipment certifications. 
Two of those companies for which Commerce initiated this review are 
the mandatory respondents, and seven are separate rate applicants. 
One of the separate rate applicants, Jacobi, includes two other 
company names from the initiation notice in its single-entity group. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 85 FR 35068 (June 8, 2020) at 35070.
    \20\ 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).
    \21\ 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. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is

[[Page 73733]]

filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
    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).\22\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis.\23\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\24\
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    \22\ See AR2 Carbon IDM at Comment 3.
    \23\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rates are de minimis, see Memorandum, ``Antidumping Duty 
Administrative Review of Certain Activated Carbon the People's 
Republic of China: Preliminary Results Calculation Memorandum for 
Carbon Activated,'' dated June 21, 2021; and Datong Juqiang's Final 
Calculation Memorandum and attached Margin Calculation Program Logs 
and Outputs.
    \24\ 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 assessment rate will be equal to the rate assigned 
to them for the final results (i.e., 0.47 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.\25\
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    \25\ 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 (APO)

    This notice also serves as a reminder to parties subject to 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 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

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: Adjustment of Datong Juqiang's Reported Per-Unit 
Consumption Factor for Bituminous Coal
    Comment 2: By-Product Offset
    Comment 3: Adjustment of DJAC USA's Reported Indirect Selling 
Expense Ratio
    Comment 4: Bituminous Coal Surrogate Value
    Comment 5: Coal Tar Surrogate Value
    Comment 6: Selection of Surrogate Financial Statements
    Comment 7: Carbonized Material Surrogate Value
    Comment 8: Ocean Freight Surrogate Value
    Comment 9: Hydrochloric Acid Surrogate Value
    Comment 10: Steam Surrogate Value
VI. Recommendation

Appendix II

Companies Not Eligible for a Separate Rate and Treated as Part of the 
China-Wide Entity

1. AM Global Shipping Lines Co., Ltd.
2. Apex Maritime (Tianjin) Co., Ltd.
3. Ardic Worldwide Logistics Ltd.
4. Beijing Kang Jie Kong International Cargo Agent Co Ltd
5. Bengbu Modern Environmental Co., Ltd.
6. Brilliant Logistics Group Inc.
7. China Combi Works Oy Ltd.
8. China International Freight Co., Ltd.
9. Cohesion Freight (HK) Ltd.
10. Datong Municipal Yunguang
11. De Well Container Shipping Corp.

[[Page 73734]]

12. Derun Charcoal Carbon Co., Ltd.
13. Endurance Cargo Management Co., Ltd.
14. Envitek (China) Ltd.
15. Excel Shipping Co., Ltd.
16. Fujian Xinsen Carbon Co., Ltd.
17. Fuzhou Yihuan Carbon Co., Ltd.
18. Fuzhou Yuemengfeng Trade Co., Ltd.
19. Gongyi City Bei Shan Kou Water Purification Materials Factory
20. Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd.
21. Guangzhou Four E'S Scientific Co., Ltd.
22. Hangzhou Hengxing Activated Carbon
23. Henan Dailygreen Trading Co., Ltd.
24. Honour Lane Shipping Ltd.
25. Ingevity Corp.
26. Ingevity Performance Materials
27. Jiangsu Kejing Carbon Fiber Co., Ltd.
28. Jiangxi Yuanli Huaiyushan Active Carbon
29. King Freight International Corp.
30. M Chemical Company, Inc.
31. Meadwestvaco Trading (Shanghai)
32. Muk Chi Trade Co., Ltd.
33. Nanping Yuanli Active Carbon Co.
34. Pacific Star Express (China) Company Ltd.
35. Panalpina World Transport (China) Ltd.
36. Pingdingshan Green Forest Activated Carbon Factory
37. Pingdingshan Lvlin Activated Carbon Co., Ltd.
38. Pudong Prime International Logistics
39. Safround Logistics Co.
40. Seatrade International Transportation
41. Shanghai Caleb Industrial Co. Ltd.
42. Shanghai Express Global International
43. Shanghai Line Feng Int'l Transportation
44. Shanghai Pudong International Transportation
45. Shanghai Sunson Activated Carbon
46. Shanghai Xinjinhu Activated Carbon
47. Shanxi DMD Corp.
48. Shanxi Industry Technology Trading (ITT)
49. Shenzhen Calux Purification Technology Co., Ltd.
50. Shijiazhuang Tangju Trading Co.
51. Sinoacarbon International Trading Co., Ltd.
52. The Ultimate Solid Logistics Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tianjin Maijin Industries Co., Ltd.
55. Translink Shipping Inc.
56. Trans-Power International Logistics Co., Ltd.
57. Triple Eagle Container Line
58. U.S. United Logistics (Ningbo) Inc.
59. Yusen Logistics Co., Ltd.
60. Zhejiang Topc Chemical Industry
61. Zhengzhou Zhulin Activated Carbon

[FR Doc. 2021-28171 Filed 12-27-21; 8:45 am]
BILLING CODE 3510-DS-P