[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27094-27096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09799]



[[Page 27094]]

-----------------------------------------------------------------------

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, 
Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), an 
exporter of certain activated carbon from the People's Republic of 
China (China), sold subject merchandise in the United States at prices 
below normal value (NV) during the period of review (POR) April 1, 
2020, through March 31, 2021. Further, Commerce preliminarily 
determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong 
Juqiang), an exporter of certain activated carbon from China, did not 
sell subject merchandise in the United States at prices below NV during 
the POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable May 6, 2022.

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

    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 11, 2021.\1\ On November 15, 2021, Commerce extended the 
preliminary results deadline until April 29, 2021.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 31282 (June 11, 2021).
    \2\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the Fourteenth Antidumping Duty Administrative Review,'' dated 
November 15, 2021.
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (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.\4\
---------------------------------------------------------------------------

    \4\ 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; 2020-2021,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Continuation of Administrative Review for Jacobi 5
---------------------------------------------------------------------------

    \5\ 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); 
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 antidumping 
(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 of this 
administrative review, we intend to assign the new Jacobi single 
entity, inclusive of JAM, the same AD rate as the rate assigned to 
Jacobi (i.e., the China-wide rate (2.42 dollars per kilogram)) for 
purposes of cash deposit and assessment.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
August 26, 2021, Jacobi timely withdrew its request for review.\6\ 
However, because there is still an active review request for Jacobi,\7\ 
we are not rescinding this review with respect to Jacobi, pursuant to 
19 CFR 351.213(d)(1).
---------------------------------------------------------------------------

    \6\ See Jacobi's Letter, ``Jacobi's Withdrawal of Request for 
Administrative Review,'' dated August 26, 2021.
    \7\ See Calgon Carbon Corporation and Cabot Norit Americas 
Inc.'s (collectively, the petitioners) Letter, ``Petitioners' 
Request for Initiation of fourteenth Annual Administrative Review,'' 
dated April 30, 2021.
---------------------------------------------------------------------------

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 Beijing 
Pacific Activated Carbon Products Co., Ltd., Shanxi Dapu International 
Trade Co., Ltd, and Tianjin Channel Filters Co., Ltd., Commerce 
preliminarily determines that these companies had no shipments of 
subject merchandise during the POR.
    Jacobi submitted an untimely no shipment certification, which 
Commerce consequently rejected.\8\ For additional information regarding 
this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Jacobi's Letter, ``Jacobi's Withdrawal of Request for 
Administrative Review and No Shipment Certification,'' dated August 
11, 2021; see also Commerce's Letter, ``Notification of Untimely 
Filed No Shipment Letter,'' dated August 18, 2021.
---------------------------------------------------------------------------

    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 three companies for which we have 
preliminarily found no shipments and issue appropriate instructions to 
CBP based on the final results of the review.\9\
---------------------------------------------------------------------------

    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Practice).
---------------------------------------------------------------------------

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, 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 discussed in the Preliminary Decision Memorandum is included as 
Appendix I 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    Commerce preliminarily finds that six companies for which a review 
was

[[Page 27095]]

requested, including Jacobi,\10\ 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 six companies are part of the China-wide 
entity.\11\
---------------------------------------------------------------------------

    \10\ See Appendix II of this notice for a full list of the six 
companies.
    \11\ 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).
---------------------------------------------------------------------------

    For those companies that have established their eligibility for a 
separate rate,\12\ Commerce preliminarily determines that the following 
weighted-average dumping margins exist for the POR:
---------------------------------------------------------------------------

    \12\ See Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                       Exporter                           margin (U.S.
                                                           dollars per
                                                         kilogram) \13\
------------------------------------------------------------------------
Datong Juqiang Activated Carbon Co., Ltd..............              0.00
Jilin Bright Future Chemicals Co., Ltd................              0.35
Carbon Activated Tianjin Co., Ltd.....................              0.35
Datong Municipal Yunguang Activated Carbon Co., Ltd...              0.35
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.              0.35
Ningxia Huahui Environmental Technology Co., Ltd.                   0.35
 (formerly Ningxia Huahui Activated Carbon Co., Ltd.)
 \14\.................................................
Ningxia Mineral & Chemical Limited \15\...............              0.35
Shanxi Industry Technology Trading Co., Ltd...........              0.35
Shanxi Sincere Industrial Co., Ltd....................              0.35
Tancarb Activated Carbon Co., Ltd.....................              0.35
------------------------------------------------------------------------

    In these preliminary results, of the two mandatory respondents, 
only Jilin Bright, has a calculated weighted-average dumping margin 
which is not zero, de minimis, or based entirely on facts available. 
Therefore, in accordance with section 735(c)(5)(A) of the Act, we have 
preliminarily assigned Jilin Bright's calculated rate as the separate 
rate for the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate.
---------------------------------------------------------------------------

    \13\ 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).
    \14\ 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. 
(Ningxia 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 the final results of this administrative review, we 
intend to assign the same AD rate to Ningxia Huahui Environmental 
Technology Co., Ltd. as the rate assigned to Ningxia Huahui for cash 
deposit and assessment purposes.
    \15\ Two of the company names for which Commerce initiated this 
review are different name variations of the same company (i.e., 
Ningxia Mineral & Chemical Limited, and Ningxia Mineral & Chemical 
Ltd.), and therefore, were treated as the same company for purposes 
of this review. See Initiation Notice, 86 FR at 31289.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties no later than five days after the 
date of publication 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 seven days 
after the case briefs are filed.\16\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
are in effect).'').
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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.\18\ If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\19\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
ACCESS \20\ and must also be served on interested parties.\21\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the 
document is due.
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.303.
    \21\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    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

[[Page 27096]]

shall assess, antidumping duties on all appropriate entries covered by 
this review.\22\ Commerce intends to issue assessment instructions to 
CBP 35 days after the publication date of the final results of this 
review in the Federal Register. If a timely summons is 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).
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    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).\23\ Commerce will also calculate 
(estimated) ad valorem importer-specific assessment rates with which to 
assess whether the per-unit assessment rate is de minimis.\24\ 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,\25\ we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties.
---------------------------------------------------------------------------

    \23\ 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).
    \24\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Memoranda, ``Preliminary Results Margin 
Calculation for Datong Juqiang Activated Carbon Co., Ltd.''; and 
``Antidumping Duty Administrative Review of Certain Activated Carbon 
from the People's Republic of China: Preliminary Results Calculation 
Memorandum for Jilin Bright,'' both dated concurrently with this 
notice, and accompanying Margin Calculation Program Logs and 
Outputs.
    \25\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the assessment rate will be the margin established for these 
companies in the final results of this review.
    For the final results, if we continue to treat the six companies, 
identified at Appendix II to this notice, 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 exported by those companies.\26\
---------------------------------------------------------------------------

    \26\ 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).
---------------------------------------------------------------------------

    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.\27\ 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.\28\
---------------------------------------------------------------------------

    \27\ See NME Practice for a full discussion.
    \28\ Id.
---------------------------------------------------------------------------

    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, as 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 that 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 separate rates, 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, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: April 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

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

1. Jacobi Carbons AB/Tianjin Jacobi International Trade Co., Ltd./
Jacobi Carbons Industry (Tianjin) Co., Ltd./Jacobi Adsorbent 
Materials
2. Meadwestvaco Trading (Shanghai)
3. Shanxi DMD Corp.
4. Shanxi Tianxi Purification Filter Co., Ltd.
5. Sinoacarbon International Trading Co., Ltd.
6. Tianjin Maijin Industries Co., Ltd.

[FR Doc. 2022-09799 Filed 5-5-22; 8:45 am]
BILLING CODE 3510-DS-P