[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67671-67674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24466]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright) 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, 2020, 
through March 31, 2021. Commerce also determines that Datong Juqiang 
Activated Carbon Co., Ltd. (Datong Juqiang) did not make sales of 
subject merchandise at less than normal value during the POR. Commerce 
further determines that certain companies made no shipments of the 
subject merchandise during the POR.

DATES: Applicable November 9, 2022.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Zachariah Hall, 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) 482-6261, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 6, 2022, Commerce published the Preliminary Results.\1\ For 
events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ On August 3, 2022,\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 
November 2, 2022.
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    \1\ See Certain Activated Carbon from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, Preliminary Determination of No Shipments; 2020-2021, 87 FR 
27094 (May 6, 2022) (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 Fourteenth 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 
2020-2021 Antidumping Duty Administrative Review,'' dated August 3, 
2022.
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Scope of the Order \4\
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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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    The merchandise subject to the Order is certain activated carbon. A 
full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

[[Page 67672]]

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in Appendix I to this 
notice. 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, a complete version of the Issues and Decision Memorandum can 
be accessed directly 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 Jilin 
Bright,\6\ and consequently, to the rate assigned to the non-examined, 
separate rate respondents.\7\
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    \5\ See Memoranda, ``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.,'' dated concurrently with this notice (Datong Juqiang's 
Final Calculation Memorandum); and ``Fourteenth Administrative 
Review of Certain Activated Carbon from the People's Republic of 
China: Surrogate Values for the Final Results,'' dated concurrently 
with this notice.
    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Certain Activated Carbon the People's Republic of China: Final 
Results Calculation Memorandum for Jilin Bright Future Chemicals 
Co., Ltd.,'' dated concurrently with this notice (Jilin Bright's 
Final Calculation Memorandum).
    \7\ 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.; Shanxi Dapu 
International Trade Co., Ltd.; and Tianjin Channel Filters Co., Ltd. 
had no shipments of subject merchandise to the United States during the 
POR.\8\ No party filed comments with respect to this preliminary 
determination and we received no information to contradict it. 
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.\9\
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    \8\ See Preliminary Results, 87 FR at 27094.
    \9\ 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 Datong Juqiang, 
Jilin Bright, and eight other companies demonstrated their eligibility 
for separate rates.\10\ We received no arguments 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 ten companies listed in the table in the ``Final 
Results'' section of this notice are each eligible for a separate rate.
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    \10\ See Preliminary Results PDM at 5-9.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\11\ and consistent with Commerce's 
practice,\12\ we assigned the non-examined, separate rate companies a 
rate equal to the calculated weighted-average dumping margin for the 
mandatory respondent whose rate was not zero, de minimis (i.e., less 
than 0.5 percent), or based entirely on facts available (i.e., the 
weighted-average dumping margin for Jilin Bright). 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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    \11\ Id. at 10-11.
    \12\ See, e.g., Certain Kitchen Appliance Shelving and Racks 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009).
    \13\ See 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).
    \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) (Carbon from China 
AR2), 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 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 antidumping duty 
(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.
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Final Results of 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 period from April 1, 
2020, through March 31, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                             dumping
                                                           margin (USD/
                                                             kg) \14\
------------------------------------------------------------------------
Datong Juqiang Activated Carbon Co., Ltd................            0.00
Jilin Bright Future Chemicals Co., Ltd..................            0.62
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    Review-Specific Rate Applicable to the Following Companies: \15\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd.......................            0.62
Datong Municipal Yunguang Activated Carbon Co., Ltd.....            0.62
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd...            0.62
Ningxia Huahui Environmental Technology Co., Ltd.                   0.62
 (formerly Ningxia Huahui Activated Carbon Co., Ltd.)
 \16\...................................................
Ningxia Mineral & Chemical Limited......................            0.62
Shanxi Industry Technology Trading Co., Ltd.............            0.62
Shanxi Sincere Industrial Co., Ltd......................            0.62
Tancarb Activated Carbon Co., Ltd.......................            0.62
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[[Page 67673]]

    In the Preliminary Results, Commerce found that six companies for 
which a review was requested \17\ did not establish eligibility for a 
separate rate because they did not file a timely separate rate 
application or a separate rate certification, as appropriate.\18\ No 
party except Jacobi \19\ commented on Commerce's Preliminary Results 
with respect to separate rates. With respect to Jacobi,\20\ we made no 
changes to our Preliminary Results.\21\ Therefore, for these final 
results, we determine the six companies identified in Appendix II 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,\22\ 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) \23\ is not subject to change as a result of this 
review.
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    \17\ See Appendix II of this notice for a full list of the six 
companies.
    \18\ See Preliminary Results PDM at 9. The total number of 
company names for which Commerce initiated this administrative 
review is 20. Three of those companies submitted timely no shipment 
certifications, two of those companies are the mandatory 
respondents, and eight companies are separate rate applicants. 
Commerce notes that 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 of Antidumping 
and Countervailing Duty Administrative Reviews, 86 FR 31282, 31289 
(June 11, 2021). Further, Commerce notes that Jacobi was included 
among the six companies that Commerce preliminarily found did not 
establish eligibility for a separate rate, because Jacobi submitted 
its no-shipment certification past the deadline of July 12, 2021, 
and Commerce rejected the certification as untimely. See Preliminary 
Results PDM at 4.
    \19\ See Jacobi's Letter, ``Jacobi's Case Brief,'' dated July 8, 
2022.
    \20\ 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 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 (i.e., the China-wide rate 
(2.42 U.S. Dollars (USD)/kilogram (kg))) for purposes of cash 
deposit and assessment purposes.
    \21\ See Issues and Decision Memorandum at Comment 11 for 
further discussion.
    \22\ 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).
    \23\ 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, ADs 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 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 the 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).\24\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis.\25\ Where either a 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 ADs.\26\
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    \24\ See Carbon from China AR2 IDM at Comment 3.
    \25\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rates are de minimis, see Datong Juqiang's Final Calculation 
Memorandum and Jilin Bright's Final Calculation Memorandum, and 
attached Margin Calculation Program Logs and Outputs.
    \26\ 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., 0.62 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 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.\27\
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    \27\ 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 Datong 
Juqiang, Jilin Bright, 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

[[Page 67674]]

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 and/or countervailing 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 and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an 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: November 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the 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 U.S. Price
    Comment 2: By-Product Offset
    Comment 3: Adjustment of DJAC USA's Reported Indirect Selling 
Expense (ISE) Ratio
    Comment 4: Bituminous Coal Surrogate Value (SV)
    Comment 5: Coal Tar SV
    Comment 6: Selection of Surrogate Financial Statements and 
Calculation of Surrogate Financial Ratios
    Comment 7: Foreign Inland Freight SV
    Comment 8: Deduction of Unrefunded or Irrecoverable Value-Added 
Tax (VAT) from U.S. Price
    Comment 9: Steam SV
    Comment 10: Hydrochloric Acid SV
    Comment 11: Treatment of Jacobi's No-Shipment Certification
VI. Recommendation

Appendix II

Companies 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. 2022-24466 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-DS-P