[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29632-29635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09731]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong 
Juqiang) and Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), 
exporters 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, 
2021, through March 31, 2022. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable May 8, 2023.

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

    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 9, 2022.\1\ On December 15, 2022, Commerce extended the 
preliminary results deadline until April 25, 2022.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
15, 2022.
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Scope of the Order 3
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    \3\ 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. 
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\
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    \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; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Continuation of Administrative Review for Carbon Activated Tianjin Co., 
Ltd.

    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 
September 6, 2022, Carbon Activated Tianjin Co., Ltd. (Carbon 
Activated) timely withdrew its request for review.\5\ However, because 
there is still an active review request for Carbon Activated,\6\ we are 
not rescinding this review with respect to Carbon Activated, pursuant 
to 19 CFR 351.213(d)(1).
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    \5\ See Carbon Activated's Letter, ``Withdrawal of Request for 
Antidumping Administrative Review,'' dated September 6, 2022.
    \6\ See Calgon Carbon Corporation and Cabot Norit Americas 
Inc.'s (collectively, the petitioners) Letter, ``Petitioners' 
Request for Initiation of 15th Annual Administrative Review,'' dated 
April 29, 2022, at 2.
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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 Datong 
Municipal Yunguang Activated Carbon Co., Ltd., Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd., and Shanxi Dapu International 
Trade Co., Ltd., Commerce preliminarily determines that these companies 
had no shipments of subject merchandise during the POR.
    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.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Practice).
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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.

Verification

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the information upon which we will rely in determining our final 
results of review with respect to the two mandatory respondents, Datong 
Juqiang and Jilin Bright.

Preliminary Results of the Review

    Commerce preliminarily finds that seven companies for which a 
review

[[Page 29633]]

was requested, including Carbon Activated,\8\ 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 seven companies are part of the 
China-wide entity.\9\
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    \8\ See Appendix II of this notice for a full list of the seven 
companies.
    \9\ 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).
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    For those companies that have established their eligibility for a 
separate rate,\10\ Commerce preliminarily determines that the following 
weighted-average dumping margins exist for the POR:
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    \10\ See Preliminary Decision Memorandum.
    \11\ 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).
    \12\ In the third administrative review of the Order, Commerce 
found that Jacobi Carbons AB, Tianjin Jacobi International Trading 
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co., Ltd. 
(collectively, Jacobi) should be treated as a single entity, 
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). Because there were no facts presented 
on the record of this review which would call into question our 
prior findings, we continue to treat these companies as part of a 
single entity for this administrative review.
    \13\ 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).

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                                          dumping margin
                        Exporter                           (U.S. dollars
                                                           per kilogram)
                                                               \11\
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Datong Juqiang Activated Carbon Co., Ltd................            0.36
Jilin Bright Future Chemicals Co., Ltd..................            0.28
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       Review-Specific Rate Applicable to the Following Companies
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Jacobi Carbons AB, Tianjin Jacobi International Trading             0.33
 Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co.,
 Ltd., and Jacobi Adsorbent Materials (Tianjin) Co.,
 Ltd.\12\...............................................
Ningxia Huahui Environmental Technology Co., Ltd.                   0.33
 (formerly Ningxia Huahui Activated Carbon Co., Ltd.)
 \13\...................................................
Ningxia Mineral & Chemical Limited......................            0.33
Shanxi Industry Technology Trading Co., Ltd.............            0.33
Shanxi Sincere Industrial Co., Ltd......................            0.33
Tancarb Activated Carbon Co., Ltd.......................            0.33
Tianjin Channel Filters Co., Ltd........................            0.33
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    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, we have assigned to them the weighted-average margin calculated 
based on the publicly available ranged U.S. sales quantities of the 
mandatory respondents consistent with section 735(c)(5)(A) of the 
Act.\14\
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    \14\ See Memorandum, ``Calculation of the Margin for Respondents 
Not Selected for Individual Examination,'' dated concurrently with 
this notice; see also Preliminary Decision Memorandum.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties within five days after the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Because, as noted above, Commerce intends to verify the information 
upon which we will rely in making our final determination, interested 
parties may submit written comments in the form of case briefs within 
one week after the date of issuance of the last verification report and 
rebuttal comments in the form of rebuttal briefs, limited to issues 
raised in the case briefs, within seven days after the time limit for 
filing case briefs.\15\ 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. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\16\
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    \15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d); see also 19 
CFR 351.303 (for general filing requirements) and 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).'').
    \16\ 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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    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

[[Page 29634]]

case and rebuttal briefs.\17\ If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined.\18\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
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    All submissions to Commerce must be filed electronically using 
ACCESS \19\ and must also be served on interested parties.\20\ 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.
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    \19\ See 19 CFR 351.303.
    \20\ See 19 CFR 351.303(f).
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    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, unless this 
deadline is extended.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\21\ 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).
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    \21\ See 19 CFR 351.212(b)(1).
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    For each 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).\22\ Commerce will also calculate 
(estimated) ad valorem importer-specific assessment rates with which to 
assess whether the per-unit assessment rate is de minimis.\23\ 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, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\24\
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    \22\ 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).
    \23\ 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 
``Preliminary Results Calculation Memorandum for Jilin Bright,'' 
both dated concurrently with this notice, and accompanying Margin 
Calculation Program Logs and Output.
    \24\ See 19 CFR 351.106(c)(2).
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    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 seven 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.\25\
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    \25\ 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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    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.\26\ 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.\27\
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    \26\ See NME Practice for a full discussion.
    \27\ Id.
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    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 25, 2023.
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

[[Page 29635]]

IV. Discussion of the Methodology
V. Recommendation

Appendix II--Companies Preliminarily Determined To Be Part of the 
China-Wide Entity

1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Bengbu Modern Environmental Co., Ltd.
3. Carbon Activated Tianjin Co., Ltd.
4. Shanxi DMD Corp.
5. Shanxi Tianxi Purification Filter Co., Ltd.
6. Sinoacarbon International Trading Co., Ltd.
7. Tianjin Maijin Industries Co., Ltd.

[FR Doc. 2023-09731 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-DS-P