Notice2021-19369
Certain Activated Carbon From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain activated carbon (activated carbon) from the People's Republic of China (China). Further, Commerce preliminarily determines that Jacobi Carbons AB (Jacobi AB) and its affiliates, Tianjin Jacobi International Trading Co. Ltd. (Tianjin Jacobi) and Jacobi Carbons Industry (Tianjin) Co. Ltd. (JCC) (collectively, 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. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50050-50052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19369]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on
certain activated carbon (activated carbon) from the People's Republic
of China (China). Further, Commerce preliminarily determines that
Jacobi Carbons AB (Jacobi AB) and its affiliates, Tianjin Jacobi
International Trading Co. Ltd. (Tianjin Jacobi) and Jacobi Carbons
Industry (Tianjin) Co. Ltd. (JCC) (collectively, 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. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Josh Simonidis or 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) 482-0608 or (202) 482-0339,
respectively.
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SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce published in the Federal Register an AD
order on activated carbon from China.\1\ In the original investigation,
we selected Jacobi AB as a mandatory respondent which qualified for a
separate rate.\2\ In the third administrative review, Commerce
determined that Jacobi AB and its two Chinese subsidiaries, JCC and
Tianjin Jacobi, should be treated as a single entity (collectively,
Jacobi) and assigned a single cash deposit rate.\3\ In the most
recently completed administrative review covering the period April 1,
2018, through March 31, 2019, we assigned Jacobi a separate rate, as a
non-individually examined exporter under review.\4\
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\1\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
\2\ Id.
\3\ See Certain Activated Carbon from the People's Republic of
China: Final Results and Partial Rescission of the Third Antidumping
Duty Administrative Review, 76 FR 67142 (October 31, 2011).
\4\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Final Rescission of
Administrative Review, in Part; 2018-2019, 86 FR 10539 (February 22,
2021).
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On July 26, 2021, Jacobi requested that Commerce conduct a CCR of
the Order to confirm that Jacobi AB and its two affiliated firms,
Tianjin Jacobi and JCC, with the addition of its new wholly-owned
subsidiary, JAM, is the successor-in-interest to Jacobi.\5\ Given the
circumstances and evidence submitted by Jacobi, Commerce finds it more
appropriate to instead evaluate Jacobi's CCR request through a
collapsing analysis. No interested parties filed comments opposing the
CCR request.
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\5\ See Jacobi's Letter, ``Jacobi's Request for Changed
Circumstances Review,'' dated July 26, 2021.
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Scope of the Order
The merchandise covered by the scope of this Order is activated
carbon. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Initiation and
Preliminary Results of the Changed Circumstances 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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Methodology
We are conducting this CCR in accordance with section 751(b)(1) of
the Tariff Act of 1930, as amended (the Act). For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
Commerce will conduct a CCR upon receipt of information concerning, or
a request from an interested party for a review of, an AD order which
shows changed circumstances sufficient to warrant a review of the
order. The information submitted by Jacobi supports its claim that JAM
should be treated as part of the Jacobi entity and demonstrates changed
circumstances sufficient to warrant such a review.\7\ Therefore, in
accordance with 751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are
initiating a CCR based on the information contained in the CCR request.
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\7\ See 19 CFR 351.216(d).
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Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce can combine the
notice of initiation of a CCR and the notice of the preliminary results
of a CCR into a single notice if Commerce concludes that expedited
action is warranted. In this instance, because the record contains the
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\8\
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\8\ See 19 CFR 351.221(c)(3)(ii); see also, e.g., Notice of
Initiation and Preliminary Results of Changed Circumstances Reviews:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020).
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We preliminarily determine that Jacobi and JAM are affiliated and
should be collapsed as a single entity. Specifically, we find that JAM
is directly controlled by Jacobi, thereby meeting the affiliation
criteria, in accordance with sections 771(33)(E) and (F) of the Act. In
addition, we preliminarily find that the criteria of 19 CFR 351.401(f)
are met and, thus, Jacobi and JAM should be treated as a single entity.
A list of topics discussed in the Preliminary Decision Memorandum
appears in the Appendix to this notice.
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by JAM the AD cash deposit rate
applicable to Jacobi (i.e., $0.65/kg). Commerce will issue its final
results of the review in accordance with the time limits set forth in
19 CFR 351.216(e).
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\9\ In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 14 days after the date of publication of this
notice.\10\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the case briefs, in
accordance with 19 CFR 351.309(d).\11\ Parties who submit case or
rebuttal briefs 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.\12\ All comments are to be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) available to registered
users at <a href="https://access.trade.gov">https://access.trade.gov</a>, and must also be served on
interested parties. An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day it is due.\13\ Note that Commerce has temporarily modified certain
requirements for serving documents containing business proprietary
information, until further notice.\14\
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\9\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\10\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\12\ See 19 CFR 351.309(c)(2).
\13\ See 19 CFR 351.303(b).
\14\ 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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Consistent with 19 CFR 351.216(e), Commerce will issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days of publication of these
preliminary results, if all parties agree to our preliminary finding.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b) and 351.221(c)(3)(ii).
Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the
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Changed Circumstances Review
V. Methodology
A. Affiliation
B. Collapsing
VI. Recommendation
[FR Doc. 2021-19369 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2021.
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