Notice2023-09731
Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2021-2022
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 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang) and Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), exporters 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, 2021, through March 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29632-29635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09731]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Datong Juqiang Activated Carbon Co., Ltd. (Datong
Juqiang) and Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright),
exporters 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,
2021, through March 31, 2022. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable May 8, 2023.
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
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 9, 2022.\1\ On December 15, 2022, Commerce extended the
preliminary results deadline until April 25, 2022.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
15, 2022.
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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; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Continuation of Administrative Review for Carbon Activated Tianjin Co.,
Ltd.
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
September 6, 2022, Carbon Activated Tianjin Co., Ltd. (Carbon
Activated) timely withdrew its request for review.\5\ However, because
there is still an active review request for Carbon Activated,\6\ we are
not rescinding this review with respect to Carbon Activated, pursuant
to 19 CFR 351.213(d)(1).
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\5\ See Carbon Activated's Letter, ``Withdrawal of Request for
Antidumping Administrative Review,'' dated September 6, 2022.
\6\ See Calgon Carbon Corporation and Cabot Norit Americas
Inc.'s (collectively, the petitioners) Letter, ``Petitioners'
Request for Initiation of 15th Annual Administrative Review,'' dated
April 29, 2022, at 2.
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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 Datong
Municipal Yunguang Activated Carbon Co., Ltd., Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd., and Shanxi Dapu International
Trade Co., Ltd., Commerce preliminarily determines that these companies
had no shipments of subject merchandise during the POR.
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.\7\
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\7\ 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>.
Verification
As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to
verify the information upon which we will rely in determining our final
results of review with respect to the two mandatory respondents, Datong
Juqiang and Jilin Bright.
Preliminary Results of the Review
Commerce preliminarily finds that seven companies for which a
review
[[Page 29633]]
was requested, including Carbon Activated,\8\ 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 seven companies are part of the
China-wide entity.\9\
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\8\ See Appendix II of this notice for a full list of the seven
companies.
\9\ 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,\10\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\10\ See Preliminary Decision Memorandum.
\11\ 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).
\12\ In the third administrative review of the Order, Commerce
found that Jacobi Carbons AB, Tianjin Jacobi International Trading
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co., Ltd.
(collectively, Jacobi) should be treated as a single entity,
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). Because there were no facts presented
on the record of this review which would call into question our
prior findings, we continue to treat these companies as part of a
single entity for this administrative review.
\13\ 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).
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Weighted-
average
dumping margin
Exporter (U.S. dollars
per kilogram)
\11\
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Datong Juqiang Activated Carbon Co., Ltd................ 0.36
Jilin Bright Future Chemicals Co., Ltd.................. 0.28
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Review-Specific Rate Applicable to the Following Companies
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Jacobi Carbons AB, Tianjin Jacobi International Trading 0.33
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co.,
Ltd., and Jacobi Adsorbent Materials (Tianjin) Co.,
Ltd.\12\...............................................
Ningxia Huahui Environmental Technology Co., Ltd. 0.33
(formerly Ningxia Huahui Activated Carbon Co., Ltd.)
\13\...................................................
Ningxia Mineral & Chemical Limited...................... 0.33
Shanxi Industry Technology Trading Co., Ltd............. 0.33
Shanxi Sincere Industrial Co., Ltd...................... 0.33
Tancarb Activated Carbon Co., Ltd....................... 0.33
Tianjin Channel Filters Co., Ltd........................ 0.33
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, we have assigned to them the weighted-average margin calculated
based on the publicly available ranged U.S. sales quantities of the
mandatory respondents consistent with section 735(c)(5)(A) of the
Act.\14\
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\14\ See Memorandum, ``Calculation of the Margin for Respondents
Not Selected for Individual Examination,'' dated concurrently with
this notice; see also Preliminary Decision Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties within five days after the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Because, as noted above, Commerce intends to verify the information
upon which we will rely in making our final determination, interested
parties may submit written comments in the form of case briefs within
one week after the date of issuance of the last verification report and
rebuttal comments in the form of rebuttal briefs, limited to issues
raised in the case briefs, within seven days after the time limit for
filing case briefs.\15\ 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. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\16\
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\15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d); see also 19
CFR 351.303 (for general filing requirements) and 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).'').
\16\ 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
[[Page 29634]]
case and rebuttal briefs.\17\ If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined.\18\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed electronically using
ACCESS \19\ and must also be served on interested parties.\20\ 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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\19\ See 19 CFR 351.303.
\20\ See 19 CFR 351.303(f).
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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, unless this
deadline is extended.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\21\ 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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\21\ See 19 CFR 351.212(b)(1).
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For each 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).\22\ Commerce will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit assessment rate is de minimis.\23\ 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, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\24\
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\22\ 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).
\23\ 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
``Preliminary Results Calculation Memorandum for Jilin Bright,''
both dated concurrently with this notice, and accompanying Margin
Calculation Program Logs and Output.
\24\ 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 seven 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.\25\
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\25\ 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.\26\ 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.\27\
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\26\ See NME Practice for a full discussion.
\27\ 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 25, 2023.
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
[[Page 29635]]
IV. Discussion of the Methodology
V. Recommendation
Appendix II--Companies Preliminarily Determined To Be Part of the
China-Wide Entity
1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Bengbu Modern Environmental Co., Ltd.
3. Carbon Activated Tianjin Co., Ltd.
4. Shanxi DMD Corp.
5. Shanxi Tianxi Purification Filter Co., Ltd.
6. Sinoacarbon International Trading Co., Ltd.
7. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2023-09731 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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