Notice2022-24466
Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final 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
November 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright) 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, 2020, through March 31, 2021. Commerce also determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang) 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.
Full Text
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<title>Federal Register, Volume 87 Issue 216 (Wednesday, November 9, 2022)</title>
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[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67671-67674]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24466]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright) 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, 2020,
through March 31, 2021. Commerce also determines that Datong Juqiang
Activated Carbon Co., Ltd. (Datong Juqiang) 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 9, 2022.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Zachariah Hall, 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) 482-6261,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published the Preliminary Results.\1\ For
events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On August 3, 2022,\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 2, 2022.
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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; 2020-2021, 87 FR
27094 (May 6, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Issues and Decision Memorandum for the Final
Results of the Fourteenth Antidumping Duty Administrative Review,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
\3\ See Memorandum, ``Activated Carbon from the People's
Republic of China: Extension of Deadline for Final Results of the
2020-2021 Antidumping Duty Administrative Review,'' dated August 3,
2022.
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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. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
[[Page 67672]]
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for Datong Juqiang \5\ and Jilin
Bright,\6\ and consequently, to the rate assigned to the non-examined,
separate rate respondents.\7\
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\5\ See Memoranda, ``Antidumping Duty Administrative Review of
Certain Activated Carbon the People's Republic of China: Final
Results Calculation Memorandum for Datong Juqiang Activated Carbon
Co., Ltd.,'' dated concurrently with this notice (Datong Juqiang's
Final Calculation Memorandum); and ``Fourteenth Administrative
Review of Certain Activated Carbon from the People's Republic of
China: Surrogate Values for the Final Results,'' dated concurrently
with this notice.
\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Activated Carbon the People's Republic of China: Final
Results Calculation Memorandum for Jilin Bright Future Chemicals
Co., Ltd.,'' dated concurrently with this notice (Jilin Bright's
Final Calculation Memorandum).
\7\ 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
Beijing Pacific Activated Carbon Products Co., Ltd.; Shanxi Dapu
International Trade Co., Ltd.; and Tianjin Channel Filters Co., Ltd.
had no shipments of subject merchandise to the United States during the
POR.\8\ 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.\9\
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\8\ See Preliminary Results, 87 FR at 27094.
\9\ 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 Datong Juqiang,
Jilin Bright, and eight other companies demonstrated their eligibility
for separate rates.\10\ We received no 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 ten companies listed in the table in the ``Final
Results'' section of this notice are each eligible for a separate rate.
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\10\ See Preliminary Results PDM at 5-9.
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Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results,\11\ and consistent with Commerce's
practice,\12\ we assigned the non-examined, separate rate companies 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 Jilin Bright). No parties commented
on the methodology for calculating this separate rate. For the final
results, we continue to apply this approach, as it is consistent with
the intent of, and our use of, section 735(c)(5)(A) of the Act.\13\
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\11\ Id. at 10-11.
\12\ 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).
\13\ See 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).
\14\ 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.
\15\ This is the rate applicable to the non-examined separate
rate respondents, as discussed above.
\16\ 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
(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 these final results, we have
assigned the same AD rate for cash deposit purposes to Ningxia
Huahui Environmental Technology Co., Ltd. as the rate assigned to
Ningxia Huahui for assessment purposes.
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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 from April 1,
2020, through March 31, 2021:
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Weighted-
average
Exporters dumping
margin (USD/
kg) \14\
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Datong Juqiang Activated Carbon Co., Ltd................ 0.00
Jilin Bright Future Chemicals Co., Ltd.................. 0.62
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Review-Specific Rate Applicable to the Following Companies: \15\
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Carbon Activated Tianjin Co., Ltd....................... 0.62
Datong Municipal Yunguang Activated Carbon Co., Ltd..... 0.62
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd... 0.62
Ningxia Huahui Environmental Technology Co., Ltd. 0.62
(formerly Ningxia Huahui Activated Carbon Co., Ltd.)
\16\...................................................
Ningxia Mineral & Chemical Limited...................... 0.62
Shanxi Industry Technology Trading Co., Ltd............. 0.62
Shanxi Sincere Industrial Co., Ltd...................... 0.62
Tancarb Activated Carbon Co., Ltd....................... 0.62
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[[Page 67673]]
In the Preliminary Results, Commerce found that six companies for
which a review was requested \17\ did not establish eligibility for a
separate rate because they did not file a timely separate rate
application or a separate rate certification, as appropriate.\18\ No
party except Jacobi \19\ commented on Commerce's Preliminary Results
with respect to separate rates. With respect to Jacobi,\20\ we made no
changes to our Preliminary Results.\21\ Therefore, for these final
results, we determine the six 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,\22\ 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) \23\ is not subject to change as a result of this
review.
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\17\ See Appendix II of this notice for a full list of the six
companies.
\18\ See Preliminary Results PDM at 9. The total number of
company names for which Commerce initiated this administrative
review is 20. Three of those companies submitted timely no shipment
certifications, two of those companies are the mandatory
respondents, and eight companies are separate rate applicants.
Commerce notes that 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 of Antidumping
and Countervailing Duty Administrative Reviews, 86 FR 31282, 31289
(June 11, 2021). Further, Commerce notes that Jacobi was included
among the six companies that Commerce preliminarily found did not
establish eligibility for a separate rate, because Jacobi submitted
its no-shipment certification past the deadline of July 12, 2021,
and Commerce rejected the certification as untimely. See Preliminary
Results PDM at 4.
\19\ See Jacobi's Letter, ``Jacobi's Case Brief,'' dated July 8,
2022.
\20\ 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 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, we have assigned the new Jacobi
single entity, inclusive of JAM, the same AD rate for cash deposit
purposes as the rate assigned to Jacobi (i.e., the China-wide rate
(2.42 U.S. Dollars (USD)/kilogram (kg))) for purposes of cash
deposit and assessment purposes.
\21\ See Issues and Decision Memorandum at Comment 11 for
further discussion.
\22\ 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).
\23\ 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, ADs 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 the individually-examined respondent in this review 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).\24\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis.\25\ Where either a respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to ADs.\26\
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\24\ See Carbon from China AR2 IDM at Comment 3.
\25\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rates are de minimis, see Datong Juqiang's Final Calculation
Memorandum and Jilin Bright's Final Calculation Memorandum, and
attached Margin Calculation Program Logs and Outputs.
\26\ See 19 CFR 351.106(c)(2).
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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., 0.62 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 were exported by those
companies. 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.\27\
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\27\ 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 Datong
Juqiang, 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
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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 and/or countervailing 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 and/or countervailing 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 2, 2022.
Lisa W. Wang,
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: Adjustment of Datong Juqiang's U.S. Price
Comment 2: By-Product Offset
Comment 3: Adjustment of DJAC USA's Reported Indirect Selling
Expense (ISE) Ratio
Comment 4: Bituminous Coal Surrogate Value (SV)
Comment 5: Coal Tar SV
Comment 6: Selection of Surrogate Financial Statements and
Calculation of Surrogate Financial Ratios
Comment 7: Foreign Inland Freight SV
Comment 8: Deduction of Unrefunded or Irrecoverable Value-Added
Tax (VAT) from U.S. Price
Comment 9: Steam SV
Comment 10: Hydrochloric Acid SV
Comment 11: Treatment of Jacobi's No-Shipment Certification
VI. Recommendation
Appendix II
Companies 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. 2022-24466 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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