Notice2022-09799
Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2020-2021
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
May 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), an exporter 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, 2020, through March 31, 2021. Further, Commerce preliminarily determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), an exporter of certain activated carbon from China, did not sell subject merchandise in the United States at prices below NV during the POR. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27094-27096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09799]
[[Page 27094]]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), an
exporter 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,
2020, through March 31, 2021. Further, Commerce preliminarily
determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong
Juqiang), an exporter of certain activated carbon from China, did not
sell subject merchandise in the United States at prices below NV during
the POR. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable May 6, 2022.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Joshua Simonidis, 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) 482-0608,
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 11, 2021.\1\ On November 15, 2021, Commerce extended the
preliminary results deadline until April 29, 2021.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 31282 (June 11, 2021).
\2\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Fourteenth Antidumping Duty Administrative Review,'' dated
November 15, 2021.
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Scope of the Order <SUP>3</SUP>
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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; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Continuation of Administrative Review for Jacobi <SUP>5</SUP>
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\5\ In the third administrative review of the Order, Commerce
found that Jacobi Carbons AB, Tianjin Jacobi International Trading
Co. Ltd. (Tianjin Jacobi), and Jacobi Carbons Industry (Tianjin)
(Jacobi Carbons) (collectively, Jacobi) should be treated as a
single entity, and because there were no facts presented on the
record of this review which would call into question our prior
finding, we continue to treat these companies as part of a single
entity for this administrative review, 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). Therefore, for these final results of this
administrative review, we intend to assign the new Jacobi single
entity, inclusive of JAM, the same AD rate as the rate assigned to
Jacobi (i.e., the China-wide rate (2.42 dollars per kilogram)) for
purposes of cash deposit and assessment.
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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
August 26, 2021, Jacobi timely withdrew its request for review.\6\
However, because there is still an active review request for Jacobi,\7\
we are not rescinding this review with respect to Jacobi, pursuant to
19 CFR 351.213(d)(1).
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\6\ See Jacobi's Letter, ``Jacobi's Withdrawal of Request for
Administrative Review,'' dated August 26, 2021.
\7\ See Calgon Carbon Corporation and Cabot Norit Americas
Inc.'s (collectively, the petitioners) Letter, ``Petitioners'
Request for Initiation of fourteenth Annual Administrative Review,''
dated April 30, 2021.
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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 Beijing
Pacific Activated Carbon Products Co., Ltd., Shanxi Dapu International
Trade Co., Ltd, and Tianjin Channel Filters Co., Ltd., Commerce
preliminarily determines that these companies had no shipments of
subject merchandise during the POR.
Jacobi submitted an untimely no shipment certification, which
Commerce consequently rejected.\8\ For additional information regarding
this determination, see the Preliminary Decision Memorandum.
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\8\ See Jacobi's Letter, ``Jacobi's Withdrawal of Request for
Administrative Review and No Shipment Certification,'' dated August
11, 2021; see also Commerce's Letter, ``Notification of Untimely
Filed No Shipment Letter,'' dated August 18, 2021.
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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.\9\
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\9\ 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
<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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Review
Commerce preliminarily finds that six companies for which a review
was
[[Page 27095]]
requested, including Jacobi,\10\ 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 six companies are part of the China-wide
entity.\11\
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\10\ See Appendix II of this notice for a full list of the six
companies.
\11\ 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,\12\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\12\ See Preliminary Decision Memorandum.
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Weighted-
average dumping
Exporter margin (U.S.
dollars per
kilogram) \13\
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Datong Juqiang Activated Carbon Co., Ltd.............. 0.00
Jilin Bright Future Chemicals Co., Ltd................ 0.35
Carbon Activated Tianjin Co., Ltd..................... 0.35
Datong Municipal Yunguang Activated Carbon Co., Ltd... 0.35
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 0.35
Ningxia Huahui Environmental Technology Co., Ltd. 0.35
(formerly Ningxia Huahui Activated Carbon Co., Ltd.)
\14\.................................................
Ningxia Mineral & Chemical Limited \15\............... 0.35
Shanxi Industry Technology Trading Co., Ltd........... 0.35
Shanxi Sincere Industrial Co., Ltd.................... 0.35
Tancarb Activated Carbon Co., Ltd..................... 0.35
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In these preliminary results, of the two mandatory respondents,
only Jilin Bright, has a calculated weighted-average dumping margin
which is not zero, de minimis, or based entirely on facts available.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we have
preliminarily assigned Jilin Bright's calculated rate as the separate
rate for the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate.
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\13\ 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).
\14\ 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).
Therefore, for the final results of this administrative review, we
intend to assign the same AD rate to Ningxia Huahui Environmental
Technology Co., Ltd. as the rate assigned to Ningxia Huahui for cash
deposit and assessment purposes.
\15\ Two of the company names for which Commerce initiated this
review are different name variations of the same company (i.e.,
Ningxia Mineral & Chemical Limited, and Ningxia Mineral & Chemical
Ltd.), and therefore, were treated as the same company for purposes
of this review. See Initiation Notice, 86 FR at 31289.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties no later than five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c)(ii), interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review. 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. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the case briefs are filed.\16\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\17\
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\16\ See 19 CFR 351.309(d); see also 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).'').
\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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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 case and
rebuttal briefs.\18\ If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\19\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed electronically using
ACCESS \20\ and must also be served on interested parties.\21\ 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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\20\ See 19 CFR 351.303.
\21\ See 19 CFR 351.303(f).
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Unless otherwise extended, 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.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP
[[Page 27096]]
shall assess, antidumping duties on all appropriate entries covered by
this review.\22\ 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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\22\ See 19 CFR 351.212(b)(1).
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For any 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).\23\ Commerce will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit assessment rate is de minimis.\24\ 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,\25\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\23\ 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).
\24\ 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
``Antidumping Duty Administrative Review of Certain Activated Carbon
from the People's Republic of China: Preliminary Results Calculation
Memorandum for Jilin Bright,'' both dated concurrently with this
notice, and accompanying Margin Calculation Program Logs and
Outputs.
\25\ 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 six 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.\26\
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\26\ 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.\27\ 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.\28\
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\27\ See NME Practice for a full discussion.
\28\ 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 29, 2022.
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
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a Separate Rate and Treated as
Part of the China-Wide Entity
1. Jacobi Carbons AB/Tianjin Jacobi International Trade Co., Ltd./
Jacobi Carbons Industry (Tianjin) Co., Ltd./Jacobi Adsorbent
Materials
2. Meadwestvaco Trading (Shanghai)
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. 2022-09799 Filed 5-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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