Notice2021-22052
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
October 8, 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 Ningxia Huahui Environmental Technology Co., Ltd. (Huahui Environmental) is the successor-in-interest to Ningxia Huahui Activated Carbon Co., Ltd. (Ningxia Huahui), and should be assigned the same AD cash deposit rate for purposes of determining AD liability on activated carbon from China. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 193 (Friday, October 8, 2021)</title>
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[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56248-56249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22052]
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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
Ningxia Huahui Environmental Technology Co., Ltd. (Huahui
Environmental) is the successor-in-interest to Ningxia Huahui Activated
Carbon Co., Ltd. (Ningxia Huahui), and should be assigned the same AD
cash deposit rate for purposes of determining AD liability on activated
carbon from China. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable October 8, 2021.
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 April 27, 2007, Commerce published the AD order on activated
carbon from China, which included Ningxia Huahui.\1\ Pursuant to the
Order, Commerce assigned Ningxia Huahui an AD cash deposit rate, of
67.14 percent, based on the non-selected respondent rate.\2\ In the
most recently completed administrative review covering the period April
1, 2018, through March 31, 2019, we assigned Ningxia Huahui a separate
rate, as a non-individually examined exporter under review.\3\
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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\ See Order, 72 FR at 20990.
\3\ 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 August 20, 2021, Huahui Environmental requested that Commerce
conduct a CCR of the Order to confirm that ``Ningxia Huahui
Environmental Technology Co., Ltd.'' is the successor-in-interest to
Ningxia Huahui and that it be subject to Ningxia Huahui's AD margin for
activated carbon from China.\4\ No interested parties filed comments
opposing the CCR request.
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\4\ See Ningxia Huahui's Letter, ``Activated Carbon from the
People's Republic of China--Ningxia Huahui Changed Circumstances
Review,'' dated August 20, 2021 (CCR Request).
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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.\5\
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\5\ 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), and 19 CFR 351.216. For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
an appendix 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum is available at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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 Huahui Environmental supporting its
claim that Huahui Environmental should be treated as the successor-in-
interest to Ningxia Huahui, demonstrates changed circumstances
sufficient to warrant such a review.\6\ 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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\6\ 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 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.\7\ In this CCR,
pursuant to section 751(b) of the Act, Commerce conducted a successor-
in-interest analysis. In making a successor-in-interest determination,
Commerce examines several factors, including, but not limited to,
changes in the following: (1) Management; (2) production facilities;
(3) supplier
[[Page 56249]]
relationships; and (4) customer base.\8\ While no single factor or
combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, Commerce
will consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\9\ Thus, if the record evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the new company operates as the same business
entity as the predecessor company, Commerce may assign the new company
the cash deposit rate of its predecessor.\10\
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\7\ 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).
\8\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\9\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\10\ Id.
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We preliminarily determine that Huahui Environmental is the
successor-in-interest to Ningxia Huahui. Record evidence, as submitted
by Huahui Environmental, indicates that Huahui Environmental operates
as essentially the same business entity as Ningxia Huahui with respect
to the subject merchandise.\11\ For the complete successor-in-interest
analysis, see the Preliminary Decision Memorandum.
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\11\ See CCR Request.
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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 Huahui Environmental the AD
cash deposit rate applicable to Ningxia Huahui (i.e., 0.65 U.S.
dollars/kilogram). 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.\12\ 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.\13\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the deadline for
case briefs, in accordance with 19 CFR 351.309(d).\14\ 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.\15\ All comments are to be
filed electronically using 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.\16\ Note that Commerce has temporarily modified certain
requirements for serving documents containing business proprietary
information, until further notice.\17\
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\12\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\13\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\15\ See 19 CFR 351.309(c)(2).
\16\ See 19 CFR 351.303(b).
\17\ 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 the preliminary finding.
Notification to Interested Parties
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: October 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. Successor-in-Interest Determination
V. Recommendation
[FR Doc. 2021-22052 Filed 10-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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