Notice2024-09582
Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain activated carbon (activated carbon) from the People's Republic of China (China) was sold in the United States at prices below normal value (NV) during the period of review (POR), April 1, 2022, through March 31, 2023. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
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[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35797-35800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09582]
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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; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain activated carbon (activated carbon) from the People's
Republic of China (China) was sold in the United States at prices below
normal value (NV) during the period of review (POR), April 1, 2022,
through March 31, 2023. We invite interested parties to comment on
these preliminary results of review.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Katie Smith, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1058 or (202) 482-0557,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce published in the Federal Register the
antidumping duty (AD) order on activated carbon from China.\1\ On April
4, 2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order, covering
the POR, pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act).\2\ On June 12, 2023, based on timely requests for
review from certain interested parties,\3\
[[Page 35798]]
Commerce initiated an administrative review of the Order covering the
POR.\4\ The administrative review covers 20 companies including the two
mandatory respondents, Jilin Bright Future Chemicals Co., Ltd. (Jilin
Bright) and Ningxia Guanghua Cherishment Activated Carbon Co., Ltd.
(GHC). On December 6, 2023, Commerce extended the deadline for the
preliminary results of this review until April 26, 2024.\5\
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\1\ See Notice of Antidumping and Countervailing Duty Order:
Certain Activated Carbon from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 72 FR 20988 (April 27,
2007) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 199616 (April 4,
2023).
\3\ See Carbon Activated Tianjin Co., Ltd. (CA Tianjin)'s
Letter, ``Request for Antidumping Administrative Review,'' dated
April 26, 2023; see also, Ningxia Huahui Environmental Technology
Co., Ltd. (Huahui)'s Letter, ``Request for Administrative Review,''
dated April 27, 2023; Ningxia Mineral & Chemical Limited (Ningxia
Minerals)'s Letter, ``Request for Administrative Review,'' dated
April 27, 2023; Tancarb Activated Carbon Co., Ltd.'s Letter
(Tancarb), ``Request for Administrative Review,'' dated April 27,
2023; Calgon Carbon Corporation and Norit Americas Inc. (the
petitioners)'s Letter, ``Petitioners' Request for Initiation of 16th
Annual Administrative Review,'' dated April 28, 2023; Shanxi Sincere
Industrial Co., Ltd. (Shanxi Sincere)'s and Tianjin Channel Filters
Co., Ltd. (Tianjin Channel Filters)'s Letter, ``Request for
Administrative Review,'' dated April 28, 2023; Jacobi Carbons
Tianjin International Trade Co., Ltd., and Jacobi Absorbent
Materials Co., Ltd. (collectively, Jacobi Carbons AB and
Affiliates)' Letter, ``Jacobi's Request for Administrative Review,''
dated April 28, 2023 (We also received a review request for Jacobi
Carbons, Inc.; however, Jacobi Carbons, Inc. is a U.S. affiliate of
Jacobi Carbons AB as such, this company was not included in the
Initiation Notice); Datong Hongdi Carbon Co., Ltd. (Datong Hongdi)'s
Letter, ``AD Request for Review,'' dated April 28, 2023; Bengbu
Modern Environmental Co., Ltd. (Bengbu)'s Letter, '' AD Request for
Review,'' dated April 28, 2023; Jilin Bright Future Chemicals Co.,
Ltd. (Jilin Bright)'s Letter, ``Request for Administrative Review,''
dated May 1, 2023; Datong Juqiang Activated Carbon Co., Ltd. (Datong
Juqiang)'s, Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.
(GHC)'s, Datong Municipal Yunguang Activated Carbon Co., Ltd.
(Datong Municipal)'s, and Shanxi Industry Technology Trading Co.,
Ltd. (Shanxi Industry)'s Letter, ``Request for Antidumping
Administrative Review,'' dated May 1, 2023; and Petitioners' Letter,
``Supplement to Petitioners' Request for Initiation of 16th Annual
Administrative Review,'' dated May 1, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation
Notice).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
6, 2023.
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Scope of the Order
The product covered by the Order is activated carbon from China.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 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
(Preliminary Decision Memorandum).
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Separate Rates
Commerce preliminarily determines that Jilin Bright and GHC, the
companies individually examined in this review, and the 12 companies,
not individually examined and listed in Appendix II to this notice, are
eligible to receive separate rates in this administrative review.\7\
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\7\ See Appendix II; see also Preliminary Decision Memorandum at
``Separate Rate Recipients'' section.
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The Act and Commerce's regulations do not address the establishment
of a separate rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for separate rate
respondents which Commerce did not examine individually in an
administrative review. Section 735(c)(5)(A) of the Act states that the
all-others rate should be calculated by averaging the weighted-average
dumping margins calculated for individually-examined respondents,
excluding dumping margins that are zero, de minimis, or based entirely
on facts available.
For the preliminary results of this review, Commerce determined the
estimated dumping margins for Jilin Bright and GHC are $2.01/kg and
$1.17/kg respectively. For the reasons explained in the Preliminary
Decision Memorandum, we are assigning to the 12 non-examined
respondents which qualify for a separate rate in this review, an
estimated dumping margin of $1.43/kg, consistent with Commerce's
practice and section 735(c)(5)(A) of the Act.
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., $2.42/kilogram) is not subject to change.\9\ For
the reasons explained in the Preliminary Decision Memorandum, Commerce
considers certain companies for which a review was requested and which
did not demonstrate separate rate eligibility, listed in Appendix II to
this notice, to be part of the China-wide entity.\10\
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\8\ 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 (November 4, 2013).
\9\ See Order.
\10\ See Appendix II for the list of companies that are subject
to this administrative review that are considered to be part of the
China-wide entity.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export price in accordance with
section 772 of the Act. Because China is a non-market economy country
within the meaning of section 771(18) of the Act, we calculated NV in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
preliminary results, see the Preliminary Decision Memorandum.\11\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\11\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology'' section.
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Preliminary Results of Review
For companies that established their eligibility for a separate
rate,\12\ Commerce preliminarily determines that the following
estimated weighted-average dumping margins exist for the period April
1, 2022, through March 31, 2023: \13\
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\12\ See Preliminary Decision Memorandum
\13\ See Appendix II for the list of companies under review
receiving a separate rate.
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Weighted-average
dumping margin
Exporter (U.S. dollars per
kilogram) \14\
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Jilin Bright Future Chemicals Co., Ltd.............. 2.01
Ningxia Guanghua Cherishmet Activated Carbon Co., 1.17
Ltd................................................
Review-Specific Rate Applicable For Non-Selected 1.43
Companies Under Review \15\........................
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[[Page 35799]]
Disclosure and Public Comment
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\14\ In the second administrative review of the Order, Commerce
determined that it would calculate per-unit weighted-average dumping
margins and assessment amounts 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).
\15\ See Appendix II.
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Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days after public
announcement, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register.\16\
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\16\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\17\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the date for
filing case briefs.\18\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\19\
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\17\ See 19 CFR 351.303 (for general filing requirements).
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\20\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\21\
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Service Final Rule, 88 FR at 67077.
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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, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce intends to hold a hearing at a
time and date to be determined.\22\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\22\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\23\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
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\23\ See 19 CFR 351.303.
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Assessment Rates
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 this review.
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\24\
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\24\ See 19 CFR 351.212(b)(1).
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If the individually examined respondents' weighted-average dumping
margins are above de minimis (i.e., 0.50 percent) in the final results
of this review, we will calculate importer-specific per-unit assessment
rates for each respondent by dividing the total amount of dumping
calculated for examined sales to the importer or customer by the total
sales quantity associated with those transactions. Where an importer-
specific or customer-specific assessment rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
For entries that were not reported in the U.S. sales database
submitted by each mandatory respondent individually examined during
this review, Commerce will instruct CBP to liquidate such entries at
the China-wide rate.\25\
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\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 per unit assessment rate will be the rate established for
these companies in the final results of review.
For the final results of this review, if we continue to treat the
six companies identified in Appendix II to this notice as part of the
China-wide entity, we will instruct CBP to apply the China-wide per-
unit assessment rate to all entries of subject merchandise during the
POR which were exported by those companies.
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).
Cash Deposit Requirements
The following 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 for by section 751(a)(2)(C) of the Act: (1) for the subject
merchandise exported by the companies listed above that have a separate
rate, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this administrative
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific 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
[[Page 35800]]
be that for the China-wide entity; and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
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 reminder to importers of their
responsibility under 19 CFR 351.402(f) 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
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Review-Specific Rate Applicable for Non-Selected Companies Under Review
1. Bengbu Modern Environmental Co., Ltd.
2. Carbon Activated Tianjin Co., Ltd.
3. Datong Hongdi Carbon Co., Ltd.
4. Datong Juqiang Activated Carbon Co., Ltd.
5. Datong Municipal Yunguang Activated Carbon Co., Ltd.
6. Jacobi Carbons AB; Jacobi Carbons Industry (Tianjin) Co., Ltd.;
Tianjin Jacobi International Trading Co. Ltd.; Jacobi Adsorbent
Materials
7. Ningxia Huahui Environmental Technology Co., Ltd.
8. Ningxia Mineral & Chemical Limited
9. Shanxi Industry Technology Trading Co., Ltd.
10. Shanxi Sincere Industrial Co., Ltd.
11. Tancarb Activated Carbon Co., Ltd.
12. Tianjin Channel Filters Co., Ltd.
Companies Considered To Be Part of the China-Wide Entity
1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Shanxi Dapu International Trade Co., Ltd.
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. 2024-09582 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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