Notice2023-26296
Certain Activated Carbon From the People's Republic of China: Continuation of Antidumping Duty Order
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 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain activated carbon (activated carbon) from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83531-83532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26296]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on certain activated
carbon (activated carbon) from the People's Republic of China (China)
would likely lead to a continuation or recurrence of dumping and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of this AD order.
DATES: Applicable November 24, 2023.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce published in the Federal Register the
AD order on activated carbon from China.\1\ On June 1, 2023, the ITC
instituted,\2\ and Commerce initiated,\3\ the third sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and, therefore, notified the ITC of the magnitude
of the margins likely to prevail should the order be revoked.\4\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
\2\ See Certain Activated Carbon from China; Institution of a
Five-Year Review, 88 FR 35926 (July 3, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 35832
(June 1, 2023).
\4\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Expedited Third Sunset Review of the
Antidumping Duty Order, 88 FR 66810 (September 28, 2023).
---------------------------------------------------------------------------
On November 24, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to a continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\5\ See Certain Activated Carbon from China, 88 FR 82397
(November 24, 2023) (ITC Final Determination); see also Certain
Activated Carbon from China, Inv. No. 731-TA-1143 (Third Review),
USITC Publication 5035 (November 2023).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is certain activated carbon.
Certain activated carbon is a powdered, granular, or pelletized carbon
product obtained by ``activating'' with heat and steam various
materials containing carbon, including but not limited to coal
(including bituminous, lignite, and anthracite), wood, coconut shells,
olive stones, and peat. The thermal and steam treatments remove organic
materials and create an internal pore structure in the carbon material.
The producer can also use carbon dioxide gas (CO<INF>2</INF>) in place
of steam in this process. The vast majority of the internal porosity
developed during the high temperature steam (or CO<INF>2</INF> gas)
activated process is a direct result of oxidation of a portion of the
solid carbon atoms in the raw material, converting them into a gaseous
form of carbon.
The scope of the Order covers all forms of activated carbon that
are activated by steam or CO<INF>2</INF>, regardless of the raw
material, grade, mixture, additives, further washing or post-activation
chemical treatment (chemical or water washing, chemical impregnation or
other treatment), or product form. Unless specifically excluded, the
scope of the Order covers all physical forms of certain activated
carbon, including powdered activated carbon (PAC), granular activated
carbon (GAC), and pelletized activated carbon.
Excluded from the scope of the Order are chemically activated
carbons. The carbon-based raw material used in the chemical activation
process is treated with a strong chemical agent, including but not
limited to phosphoric acid, zinc chloride, sulfuric acid, or potassium
hydroxide that dehydrates molecules in the raw material, and results in
the formation of water that is removed from the raw material by
moderate heat treatment. The activated carbon created by chemical
activation has internal porosity developed primarily due to the action
of the chemical dehydration agent. Chemically activated carbons are
typically used to activate raw materials with a lignocellulosic
component such as cellulose, including wood, sawdust, paper mill waste
and peat.
To the extent that an imported activated carbon product is a blend
of steam and chemically activated carbons, products containing 50
percent or more steam (or CO<INF>2</INF> gas) activated carbons are
[[Page 83532]]
within the scope, and those containing more than 50 percent chemically
activated carbons are outside the scope. This exclusion language
regarding blended material applies only to mixtures of steam and
chemically activated carbons.
Also excluded from the scope are reactivated carbons. Reactivated
carbons are previously used activated carbons that have had adsorbed
materials removed from their pore structure after use through the
application of heat, steam and/or chemicals.
Also excluded from the scope is activated carbon cloth. Activated
carbon cloth is a woven textile fabric made of or containing activated
carbon fibers. It is used in masks and filters and clothing of various
types where a woven format is required.
Any activated carbon meeting the physical description of subject
merchandise provided above that is not expressly excluded from the
scope is included within the scope. 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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act, Commerce hereby
orders the continuation of the Order. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Order will be
November 24, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
review of the Order not later than 30 days prior to the fifth
anniversary of the date of the last determination by the ITC.
---------------------------------------------------------------------------
\6\ See ITC Final Determination.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as the only 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
This five-year sunset review and this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26296 Filed 11-29-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.