[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77553-77556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24892]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Datong Juqiang Activated Carbon Co., Ltd. (DJAC) 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, 2021, through March 
31, 2022. Commerce also determines that Jilin Bright Future Chemicals 
Co., Ltd. (Jilin Bright) 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 13, 2023.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0339.

SUPPLEMENTARY INFORMATION: 

Background

    On May 8, 2023, Commerce published the Preliminary Results.\1\ For 
events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ On August 10, 2023,\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 3, 2023.
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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; 2021-2022, 88 FR 
29632 (May 8, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Administrative Review of the 
Antidumping Duty Order on Certain Activated Carbon from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2021-2022 Antidumping Duty Administrative Review,'' dated August 
10, 2023.

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[[Page 77554]]

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. 
The products subject to the Order 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 
is dispositive. A full description of the scope of the Order is 
contained in the Issues and Decision Memorandum.

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.

Verification

    As provided in section 782(i) of the Act, in August 2023, Commerce 
conducted verification of the questionnaire responses of DJAC and Jilin 
Bright.\5\
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    \5\ See Memoranda, ``Verification of the Questionnaire Responses 
of Datong Juqiang Activated Carbon Co., Ltd.,'' dated September 27, 
2023; and ``Verification of the Questionnaire Responses of Jilin 
Bright Future Chemicals Co., Ltd.,'' dated September 28, 2023.
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Changes Since the Preliminary Results

    Based on our verification findings, our review of the record, and 
comments received from interested parties regarding our Preliminary 
Results, we made certain revisions to the margin calculations for DJAC 
\6\ and Jilin Bright,\7\ and consequently, to the rate assigned to the 
non-examined, separate rate respondents.\8\
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    \6\ See Memoranda, ``Final Results Calculation Memorandum for 
Datong Juqiang Activated Carbon Co., Ltd.,'' dated concurrently with 
this notice (DJAC's Final Calculation Memorandum); and ``Surrogate 
Values for the Final Results,'' dated concurrently with this notice.
    \7\ See Memorandum, ``Final Results Calculation Memorandum for 
Jilin Bright Future Chemicals Co., Ltd.,'' dated concurrently with 
this notice (Jilin Bright's Final Calculation Memorandum).
    \8\ 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 Datong 
Municipal Yunguang Activated Carbon Co., Ltd., Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd., and Shanxi Dapu International 
Trade Co., Ltd. had no shipments of subject merchandise to the United 
States during the POR.\9\ 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.\10\
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    \9\ See Preliminary Results, 88 FR at 29632.
    \10\ 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 DJAC, Jilin Bright, 
and seven other companies demonstrated their eligibility for separate 
rates.\11\ We received no information or 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 seven companies listed in the table in the ``Final 
Results'' section of this notice are each eligible for a separate rate, 
in addition to DJAC and Jilin Bright.
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    \11\ See Preliminary Results PDM at 4-8.
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Rate for Non-Examined Separate Rate Respondents

    Under section 735(c)(5)(A) of the Act, Commerce's usual practice in 
determining the rate for separate rate respondents not selected for 
individual examination is to average the weighted-average dumping 
margins for the selected companies, excluding rates that are zero, de 
minimis, or based entirely on facts available.\12\ In the Preliminary 
Results,\13\ and consistent with Commerce's practice,\14\ we assigned 
the non-examined, separate rate companies a weighted-average rate based 
on the publicly available ranged U.S. sales quantities of the mandatory 
respondents in this review, as both mandatory respondents, DJAC and 
Jilin Bright, had preliminary weighted-average dumping margins which 
were not zero, de minimis, or based entirely on facts available. No 
parties commented on the methodology for calculating this separate 
rate. For these final results, the calculated weighted-average dumping 
margin for Jilin Bright changed to 0.00 U.S. dollar (USD)/kg. 
Therefore, we have assigned the separate rate respondents 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 DJAC). This approach is consistent with the 
intent of, and our use of, section 735(c)(5)(A) of the Act.\15\
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    \12\ See, e.g., Longkou Haimeng Mach. Co. v. United States, 581 
F. Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's 
determination to assign a 4.22 percent dumping margin to the 
separate rate respondents in a segment where the three mandatory 
respondents received dumping margins of 4.22 percent, 0.03 percent, 
and zero percent, respectively).
    \13\ See Preliminary Results PDM at 9-10.
    \14\ 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).
    \15\ 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).
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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, April 1, 2021, 
through March 31, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporters                         dumping margin
                                                         (USD/kg) \16\
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Datong Juqiang Activated Carbon Co., Ltd............                0.23
Jilin Bright Future Chemicals Co., Ltd..............                0.00
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[[Page 77555]]

 
     Review-Specific Rate Applicable to the Following Companies \17\
------------------------------------------------------------------------
Jacobi Carbons AB, Tianjin Jacobi International                     0.23
 Trading Co. Ltd., and Jacobi Carbons Industry
 (Tianjin) Co., Ltd., and Jacobi Adsorbent Materials
 \18\...............................................
Ningxia Huahui Environmental Technology Co., Ltd.                   0.23
 (formerly Ningxia Huahui Activated Carbon Co.,
 Ltd.) \19\.........................................
Ningxia Mineral & Chemical Limited..................                0.23
Shanxi Industry Technology Trading Co., Ltd.........                0.23
Shanxi Sincere Industrial Co., Ltd..................                0.23
Tancarb Activated Carbon Co., Ltd...................                0.23
Tianjin Channel Filters Co., Ltd....................                0.23
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    In the Preliminary Results, Commerce found that six companies for 
which a review was requested did not establish eligibility for a 
separate rate because they did not file a timely separate rate 
application (SRA) or a separate rate certification, as appropriate.\20\ 
Further, while Bengbu Modern Environmental Co., Ltd. (Bengbu) submitted 
an SRA indicating that it had a sale and entry of subject 
merchandise,\21\ Commerce preliminarily determined that Bengbu is not 
eligible for a separate rate in this POR, because Bengbu did not have a 
suspended entry of subject merchandise during the POR, and therefore, 
no reviewable entry.\22\ No party commented on Commerce's Preliminary 
Results with respect to separate rates. Therefore, for these final 
results, we determine the seven 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,\23\ 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) \24\ is not subject to change as a result of this 
review.
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    \16\ 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.
    \17\ This is the rate applicable to the non-examined separate 
rate respondents, as discussed above.
    \18\ 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). SeeCertain 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 duty cash deposit rate assigned to Jacobi for purposes 
of determining antidumping duty 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.
    \19\ 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 
cash deposit rate assigned to Ningxia Huahui for purposes of 
determining antidumping duty 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 antidumping duty rate for cash deposit 
purposes to Ningxia Huahui Environmental Technology Co., Ltd. as the 
rate assigned to Ningxia Huahui for assessment purposes.
    \20\ See Preliminary Results PDM at 9.
    \21\ See Bengbu's Letter, ``Separate Rate Application,'' dated 
July 11, 2023.
    \22\ See Preliminary Results PDM at 8.
    \23\ 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).
    \24\ 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 
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 DJAC, 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).\25\ We will also calculate (estimated) ad valorem 
importer-specific assessment rates with which to determine whether the 
per-unit assessment rates are de minimis.\26\ Where 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.\27\
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    \25\ See Carbon from China AR2 IDM at Comment 3.
    \26\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rates are de minimis, see DJAC's Final Calculation Memorandum and 
Jilin Bright's Final Calculation Memorandum, and attached Margin 
Calculation Program Logs and Outputs.
    \27\ See 19 CFR 351.106(c)(2).
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    For Jilin Bright, because its final weighted-average dumping margin 
is zero, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    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., 0.23 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 was exported by those 
companies.

[[Page 77556]]

    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.\28\
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    \28\ 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 DJAC, 
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 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.

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 3, 2023.
Abdelali Elouaradia,
Deputy 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: Bituminous Coal Surrogate Value (SV)
    Comment 2: Coal Tar SV
    Comment 3: Deduction of Unrefunded or Irrecoverable Value-Added 
Tax (VAT) from U.S. Price
    Comment 4: Selection of Surrogate Financial Statements and 
Calculation of Surrogate Financial Ratios
    Comment 5: Whether to Use Jilin Bright's Revised Factors of 
Production (FOP) Database
    Comment 6: Adjustment of DJAC USA's Reported Indirect Selling 
Expense (ISE) Ratio
    Comment 7: Adjustment of Natural Gas FOP and SV
    Comment 8: Alleged Under-Reporting of Per-Unit Anthracite Coal 
Consumption for DJAC's Supplier's Impregnated Products
VI. Recommendation

Appendix II

Companies Not Eligible for a Separate Rate and Treated as 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. 2023-24892 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P