[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35797-35800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09582]


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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; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain activated carbon (activated carbon) from the People's 
Republic of China (China) was sold in the United States at prices below 
normal value (NV) during the period of review (POR), April 1, 2022, 
through March 31, 2023. We invite interested parties to comment on 
these preliminary results of review.

DATES: Applicable May 2, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart or Katie Smith, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1058 or (202) 482-0557, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2007, Commerce published in the Federal Register the 
antidumping duty (AD) order on activated carbon from China.\1\ On April 
4, 2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order, covering 
the POR, pursuant to section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act).\2\ On June 12, 2023, based on timely requests for 
review from certain interested parties,\3\

[[Page 35798]]

Commerce initiated an administrative review of the Order covering the 
POR.\4\ The administrative review covers 20 companies including the two 
mandatory respondents, Jilin Bright Future Chemicals Co., Ltd. (Jilin 
Bright) and Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. 
(GHC). On December 6, 2023, Commerce extended the deadline for the 
preliminary results of this review until April 26, 2024.\5\
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    \1\ See Notice of Antidumping and Countervailing Duty Order: 
Certain Activated Carbon from the People's Republic of China: 
Antidumping and Countervailing Duty Orders, 72 FR 20988 (April 27, 
2007) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 199616 (April 4, 
2023).
    \3\ See Carbon Activated Tianjin Co., Ltd. (CA Tianjin)'s 
Letter, ``Request for Antidumping Administrative Review,'' dated 
April 26, 2023; see also, Ningxia Huahui Environmental Technology 
Co., Ltd. (Huahui)'s Letter, ``Request for Administrative Review,'' 
dated April 27, 2023; Ningxia Mineral & Chemical Limited (Ningxia 
Minerals)'s Letter, ``Request for Administrative Review,'' dated 
April 27, 2023; Tancarb Activated Carbon Co., Ltd.'s Letter 
(Tancarb), ``Request for Administrative Review,'' dated April 27, 
2023; Calgon Carbon Corporation and Norit Americas Inc. (the 
petitioners)'s Letter, ``Petitioners' Request for Initiation of 16th 
Annual Administrative Review,'' dated April 28, 2023; Shanxi Sincere 
Industrial Co., Ltd. (Shanxi Sincere)'s and Tianjin Channel Filters 
Co., Ltd. (Tianjin Channel Filters)'s Letter, ``Request for 
Administrative Review,'' dated April 28, 2023; Jacobi Carbons 
Tianjin International Trade Co., Ltd., and Jacobi Absorbent 
Materials Co., Ltd. (collectively, Jacobi Carbons AB and 
Affiliates)' Letter, ``Jacobi's Request for Administrative Review,'' 
dated April 28, 2023 (We also received a review request for Jacobi 
Carbons, Inc.; however, Jacobi Carbons, Inc. is a U.S. affiliate of 
Jacobi Carbons AB as such, this company was not included in the 
Initiation Notice); Datong Hongdi Carbon Co., Ltd. (Datong Hongdi)'s 
Letter, ``AD Request for Review,'' dated April 28, 2023; Bengbu 
Modern Environmental Co., Ltd. (Bengbu)'s Letter, '' AD Request for 
Review,'' dated April 28, 2023; Jilin Bright Future Chemicals Co., 
Ltd. (Jilin Bright)'s Letter, ``Request for Administrative Review,'' 
dated May 1, 2023; Datong Juqiang Activated Carbon Co., Ltd. (Datong 
Juqiang)'s, Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
(GHC)'s, Datong Municipal Yunguang Activated Carbon Co., Ltd. 
(Datong Municipal)'s, and Shanxi Industry Technology Trading Co., 
Ltd. (Shanxi Industry)'s Letter, ``Request for Antidumping 
Administrative Review,'' dated May 1, 2023; and Petitioners' Letter, 
``Supplement to Petitioners' Request for Initiation of 16th Annual 
Administrative Review,'' dated May 1, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation 
Notice).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
6, 2023.
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Scope of the Order

    The product covered by the Order is activated carbon from China. 
For a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 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 
(Preliminary Decision Memorandum).
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Separate Rates

    Commerce preliminarily determines that Jilin Bright and GHC, the 
companies individually examined in this review, and the 12 companies, 
not individually examined and listed in Appendix II to this notice, are 
eligible to receive separate rates in this administrative review.\7\
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    \7\ See Appendix II; see also Preliminary Decision Memorandum at 
``Separate Rate Recipients'' section.
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    The Act and Commerce's regulations do not address the establishment 
of a separate rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for separate rate 
respondents which Commerce did not examine individually in an 
administrative review. Section 735(c)(5)(A) of the Act states that the 
all-others rate should be calculated by averaging the weighted-average 
dumping margins calculated for individually-examined respondents, 
excluding dumping margins that are zero, de minimis, or based entirely 
on facts available.
    For the preliminary results of this review, Commerce determined the 
estimated dumping margins for Jilin Bright and GHC are $2.01/kg and 
$1.17/kg respectively. For the reasons explained in the Preliminary 
Decision Memorandum, we are assigning to the 12 non-examined 
respondents which qualify for a separate rate in this review, an 
estimated dumping margin of $1.43/kg, consistent with Commerce's 
practice and section 735(c)(5)(A) of the Act.

China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\8\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., $2.42/kilogram) is not subject to change.\9\ For 
the reasons explained in the Preliminary Decision Memorandum, Commerce 
considers certain companies for which a review was requested and which 
did not demonstrate separate rate eligibility, listed in Appendix II to 
this notice, to be part of the China-wide entity.\10\
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    \8\ 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 (November 4, 2013).
    \9\ See Order.
    \10\ See Appendix II for the list of companies that are subject 
to this administrative review that are considered to be part of the 
China-wide entity.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export price in accordance with 
section 772 of the Act. Because China is a non-market economy country 
within the meaning of section 771(18) of the Act, we calculated NV in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
preliminary results, see the Preliminary Decision Memorandum.\11\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \11\ See Preliminary Decision Memorandum at ``Discussion of the 
Methodology'' section.
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Preliminary Results of Review

    For companies that established their eligibility for a separate 
rate,\12\ Commerce preliminarily determines that the following 
estimated weighted-average dumping margins exist for the period April 
1, 2022, through March 31, 2023: \13\
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    \12\ See Preliminary Decision Memorandum
    \13\ See Appendix II for the list of companies under review 
receiving a separate rate.

------------------------------------------------------------------------
                                                       Weighted-average
                                                        dumping margin
                      Exporter                         (U.S. dollars per
                                                        kilogram) \14\
------------------------------------------------------------------------
Jilin Bright Future Chemicals Co., Ltd..............                2.01
Ningxia Guanghua Cherishmet Activated Carbon Co.,                   1.17
 Ltd................................................
Review-Specific Rate Applicable For Non-Selected                    1.43
 Companies Under Review \15\........................
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[[Page 35799]]

Disclosure and Public Comment
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    \14\ In the second administrative review of the Order, Commerce 
determined that it would calculate per-unit weighted-average dumping 
margins and assessment amounts 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).
    \15\ See Appendix II.
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    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days after public 
announcement, or if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register.\16\
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    \16\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\17\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\18\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\19\
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    \17\ See 19 CFR 351.303 (for general filing requirements).
    \18\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\20\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\21\
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    \20\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \21\ See APO and Service Final Rule, 88 FR at 67077.
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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, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice. If a 
request for a hearing is made, Commerce intends to hold a hearing at a 
time and date to be determined.\22\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \22\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\23\ An electronically-
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
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    \23\ See 19 CFR 351.303.
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Assessment Rates

    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 this review. 
Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\24\
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    \24\ See 19 CFR 351.212(b)(1).
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    If the individually examined respondents' weighted-average dumping 
margins are above de minimis (i.e., 0.50 percent) in the final results 
of this review, we will calculate importer-specific per-unit assessment 
rates for each respondent by dividing the total amount of dumping 
calculated for examined sales to the importer or customer by the total 
sales quantity associated with those transactions. Where an importer-
specific or customer-specific assessment rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    For entries that were not reported in the U.S. sales database 
submitted by each mandatory respondent individually examined during 
this review, Commerce will instruct CBP to liquidate such entries at 
the China-wide rate.\25\
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    \25\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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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 per unit assessment rate will be the rate established for 
these companies in the final results of review.
    For the final results of this review, if we continue to treat the 
six companies identified in Appendix II to this notice as part of the 
China-wide entity, we will instruct CBP to apply the China-wide per-
unit assessment rate to all entries of subject merchandise during the 
POR which were exported by those companies.
    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).

Cash Deposit Requirements

    The following 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 for by section 751(a)(2)(C) of the Act: (1) for the subject 
merchandise exported by the companies listed above that have a separate 
rate, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of this administrative 
review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific 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

[[Page 35800]]

be that for the China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
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 reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 
CFR 351.213 and 19 CFR 351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

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

Appendix II

Review-Specific Rate Applicable for Non-Selected Companies Under Review

1. Bengbu Modern Environmental Co., Ltd.
2. Carbon Activated Tianjin Co., Ltd.
3. Datong Hongdi Carbon Co., Ltd.
4. Datong Juqiang Activated Carbon Co., Ltd.
5. Datong Municipal Yunguang Activated Carbon Co., Ltd.
6. Jacobi Carbons AB; Jacobi Carbons Industry (Tianjin) Co., Ltd.; 
Tianjin Jacobi International Trading Co. Ltd.; Jacobi Adsorbent 
Materials
7. Ningxia Huahui Environmental Technology Co., Ltd.
8. Ningxia Mineral & Chemical Limited
9. Shanxi Industry Technology Trading Co., Ltd.
10. Shanxi Sincere Industrial Co., Ltd.
11. Tancarb Activated Carbon Co., Ltd.
12. Tianjin Channel Filters Co., Ltd.

Companies Considered To Be Part of the China-Wide Entity

1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Shanxi Dapu International Trade Co., Ltd.
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. 2024-09582 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P