Notice2023-24892
Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2021-2022
Primary source
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Published
November 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Datong Juqiang Activated Carbon Co., Ltd. (DJAC) 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, 2021, through March 31, 2022. Commerce also determines that Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright) 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 88 Issue 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77553-77556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24892]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Datong Juqiang Activated Carbon Co., Ltd. (DJAC) 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, 2021, through March
31, 2022. Commerce also determines that Jilin Bright Future Chemicals
Co., Ltd. (Jilin Bright) 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 13, 2023.
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 May 8, 2023, Commerce published the Preliminary Results.\1\ For
events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On August 10, 2023,\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 3, 2023.
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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; 2021-2022, 88 FR
29632 (May 8, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative 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 (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
the 2021-2022 Antidumping Duty Administrative Review,'' dated August
10, 2023.
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[[Page 77554]]
Scope of the Order <SUP>4</SUP>
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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.
The products subject to the Order 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
is dispositive. A full description of the scope of the Order is
contained in the Issues and Decision Memorandum.
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>.
Verification
As provided in section 782(i) of the Act, in August 2023, Commerce
conducted verification of the questionnaire responses of DJAC and Jilin
Bright.\5\
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\5\ See Memoranda, ``Verification of the Questionnaire Responses
of Datong Juqiang Activated Carbon Co., Ltd.,'' dated September 27,
2023; and ``Verification of the Questionnaire Responses of Jilin
Bright Future Chemicals Co., Ltd.,'' dated September 28, 2023.
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Changes Since the Preliminary Results
Based on our verification findings, our review of the record, and
comments received from interested parties regarding our Preliminary
Results, we made certain revisions to the margin calculations for DJAC
\6\ and Jilin Bright,\7\ and consequently, to the rate assigned to the
non-examined, separate rate respondents.\8\
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\6\ See Memoranda, ``Final Results Calculation Memorandum for
Datong Juqiang Activated Carbon Co., Ltd.,'' dated concurrently with
this notice (DJAC's Final Calculation Memorandum); and ``Surrogate
Values for the Final Results,'' dated concurrently with this notice.
\7\ See Memorandum, ``Final Results Calculation Memorandum for
Jilin Bright Future Chemicals Co., Ltd.,'' dated concurrently with
this notice (Jilin Bright's Final Calculation Memorandum).
\8\ 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 Datong
Municipal Yunguang Activated Carbon Co., Ltd., Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd., and Shanxi Dapu International
Trade Co., Ltd. had no shipments of subject merchandise to the United
States during the POR.\9\ 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.\10\
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\9\ See Preliminary Results, 88 FR at 29632.
\10\ 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 DJAC, Jilin Bright,
and seven other companies demonstrated their eligibility for separate
rates.\11\ We received no information or 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 seven companies listed in the table in the ``Final
Results'' section of this notice are each eligible for a separate rate,
in addition to DJAC and Jilin Bright.
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\11\ See Preliminary Results PDM at 4-8.
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Rate for Non-Examined Separate Rate Respondents
Under section 735(c)(5)(A) of the Act, Commerce's usual practice in
determining the rate for separate rate respondents not selected for
individual examination is to average the weighted-average dumping
margins for the selected companies, excluding rates that are zero, de
minimis, or based entirely on facts available.\12\ In the Preliminary
Results,\13\ and consistent with Commerce's practice,\14\ we assigned
the non-examined, separate rate companies a weighted-average rate based
on the publicly available ranged U.S. sales quantities of the mandatory
respondents in this review, as both mandatory respondents, DJAC and
Jilin Bright, had preliminary weighted-average dumping margins which
were not zero, de minimis, or based entirely on facts available. No
parties commented on the methodology for calculating this separate
rate. For these final results, the calculated weighted-average dumping
margin for Jilin Bright changed to 0.00 U.S. dollar (USD)/kg.
Therefore, we have assigned the separate rate respondents 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 DJAC). This approach is consistent with the
intent of, and our use of, section 735(c)(5)(A) of the Act.\15\
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\12\ See, e.g., Longkou Haimeng Mach. Co. v. United States, 581
F. Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's
determination to assign a 4.22 percent dumping margin to the
separate rate respondents in a segment where the three mandatory
respondents received dumping margins of 4.22 percent, 0.03 percent,
and zero percent, respectively).
\13\ See Preliminary Results PDM at 9-10.
\14\ 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).
\15\ See, e.g., 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).
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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, April 1, 2021,
through March 31, 2022:
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Weighted-average
Exporters dumping margin
(USD/kg) \16\
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Datong Juqiang Activated Carbon Co., Ltd............ 0.23
Jilin Bright Future Chemicals Co., Ltd.............. 0.00
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[[Page 77555]]
Review-Specific Rate Applicable to the Following Companies \17\
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Jacobi Carbons AB, Tianjin Jacobi International 0.23
Trading Co. Ltd., and Jacobi Carbons Industry
(Tianjin) Co., Ltd., and Jacobi Adsorbent Materials
\18\...............................................
Ningxia Huahui Environmental Technology Co., Ltd. 0.23
(formerly Ningxia Huahui Activated Carbon Co.,
Ltd.) \19\.........................................
Ningxia Mineral & Chemical Limited.................. 0.23
Shanxi Industry Technology Trading Co., Ltd......... 0.23
Shanxi Sincere Industrial Co., Ltd.................. 0.23
Tancarb Activated Carbon Co., Ltd................... 0.23
Tianjin Channel Filters Co., Ltd.................... 0.23
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In the Preliminary Results, Commerce found that six companies for
which a review was requested did not establish eligibility for a
separate rate because they did not file a timely separate rate
application (SRA) or a separate rate certification, as appropriate.\20\
Further, while Bengbu Modern Environmental Co., Ltd. (Bengbu) submitted
an SRA indicating that it had a sale and entry of subject
merchandise,\21\ Commerce preliminarily determined that Bengbu is not
eligible for a separate rate in this POR, because Bengbu did not have a
suspended entry of subject merchandise during the POR, and therefore,
no reviewable entry.\22\ No party commented on Commerce's Preliminary
Results with respect to separate rates. Therefore, for these final
results, we determine the seven 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,\23\ 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) \24\ is not subject to change as a result of this
review.
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\16\ 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.
\17\ This is the rate applicable to the non-examined separate
rate respondents, as discussed above.
\18\ 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). SeeCertain 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 duty cash deposit rate assigned to Jacobi for purposes
of determining antidumping duty 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.
\19\ 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
cash deposit rate assigned to Ningxia Huahui for purposes of
determining antidumping duty 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 antidumping duty rate for cash deposit
purposes to Ningxia Huahui Environmental Technology Co., Ltd. as the
rate assigned to Ningxia Huahui for assessment purposes.
\20\ See Preliminary Results PDM at 9.
\21\ See Bengbu's Letter, ``Separate Rate Application,'' dated
July 11, 2023.
\22\ See Preliminary Results PDM at 8.
\23\ 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).
\24\ 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, antidumping duties 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 DJAC, 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).\25\ We will also calculate (estimated) ad valorem
importer-specific assessment rates with which to determine whether the
per-unit assessment rates are de minimis.\26\ Where an importer- (or
customer-) specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\27\
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\25\ See Carbon from China AR2 IDM at Comment 3.
\26\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rates are de minimis, see DJAC's Final Calculation Memorandum and
Jilin Bright's Final Calculation Memorandum, and attached Margin
Calculation Program Logs and Outputs.
\27\ See 19 CFR 351.106(c)(2).
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For Jilin Bright, because its final weighted-average dumping margin
is zero, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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., 0.23 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 was exported by those
companies.
[[Page 77556]]
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.\28\
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\28\ 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 DJAC,
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 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 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 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 3, 2023.
Abdelali Elouaradia,
Deputy 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: Bituminous Coal Surrogate Value (SV)
Comment 2: Coal Tar SV
Comment 3: Deduction of Unrefunded or Irrecoverable Value-Added
Tax (VAT) from U.S. Price
Comment 4: Selection of Surrogate Financial Statements and
Calculation of Surrogate Financial Ratios
Comment 5: Whether to Use Jilin Bright's Revised Factors of
Production (FOP) Database
Comment 6: Adjustment of DJAC USA's Reported Indirect Selling
Expense (ISE) Ratio
Comment 7: Adjustment of Natural Gas FOP and SV
Comment 8: Alleged Under-Reporting of Per-Unit Anthracite Coal
Consumption for DJAC's Supplier's Impregnated Products
VI. Recommendation
Appendix II
Companies Not Eligible for a Separate Rate and Treated as 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. 2023-24892 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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