Notice2024-27580
Certain Activated Carbon From the People's Republic of China: Final 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
November 25, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the mandatory respondents under review sold certain activated carbon (activated carbon) to the United States from the People's Republic of China (China) at prices below normal value during the period of review (POR), April 1, 2022, through March 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92893-92895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27580]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
mandatory respondents under review sold certain activated carbon
(activated carbon) to the United States from the People's Republic of
China (China) at prices below normal value during the period of review
(POR), April 1, 2022, through March 31, 2023.
DATES: Applicable November 25, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Kathrine 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 May 2, 2024, Commerce published in the Preliminary Results and
invited parties to comment.\1\ The review covers two mandatory
respondents Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), and
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (GHC). We
received case and rebuttal briefs from GHC, Jilin Bright, and Calgon
Carbon Corporation and Norit Americas Inc. (collectively, the
petitioners).\2\
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\1\ See Certain Activated Carbon from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2022-2023, 89 FR 35797 (May 2, 2024) (Preliminary Results),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Petitioners' Letter, ``Case Brief of Petitioners
Concerning Jilin Bright,'' dated June 12, 2024; see also
Petitioners' Letter, ``Case Brief of Petitioners Concerning GHC,''
dated June 12, 2024; GHC's Letter, ``Case Brief of Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd.,'' dated June 12, 2024; Jilin
Bright's Letter, ``Case Brief of Jilin Bright,'' dated June 12,
2024; Petitioner's Letter, ``Petitioners' Rebuttal Brief,'' dated
July 2, 2024; GHC's Letter, ``Rebuttal Brief of Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd.,'' dated July 2, 2024; and
Jilin Bright's Letter, ``Rebuttal Case Brief of Jilin Bright,''
dated July 2, 2024.
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ On August
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21, 2024, Commerce extended the deadline for the final results until
November 5, 2024.\4\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated August 21,
2024.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ 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 product subject to the Order is activated carbon from China. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in briefs filed by parties in this administrative
review are addressed in the Issues and Decision Memorandum and are
listed in Appendix I to this notice. The Issues and Decision Memorandum
is a public document and 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>.
Separate Rate
Commerce determines that GHC and Jilin Bright, the two companies
individually examined in this review, and 12 companies not individually
examined are eligible to receive separate rates in this review.\7\
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\7\ See Preliminary Results at ``Separate Rates'' section.
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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, and Commerce did not self-initiate a review
of the entity, the entity is not under review, and the entity's rate
(i.e., 2.42 U.S. dollars per kilogram (USD/kg)) is not subject to
change.\9\ Commerce continues to consider 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; see also Preliminary Results PDM at 13.
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Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties on the Preliminary Results, and for the reasons
explained in the Issues and Decision Memorandum, we made certain
changes to the margin calculations for both GHC and Jilin Bright.\11\
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\11\ See Issues and Decision Memorandum at Comments 1, 4, and 7.
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Final Results of Review
For the companies subject to this review that established their
eligibility for a separate rate, Commerce determines that the following
estimated weighted-average dumping margins exist for the period April
1, 2022, through March 31, 2023:
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Weighted-
average
Exporter dumping
margin (USD/
kg) \12\
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Jilin Bright Future Chemicals Co., Ltd.................. 1.95
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd... 1.21
Review-Specific Rate Applicable for Non-Selected 1.44
Companies Under Review \13\............................
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Disclosure
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\12\ 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).
\13\ See appendix II.
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Commerce intends to disclose the calculations performed in
connection with these final results of review 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 the notice
of final results in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For the GHC and Jilin Bright, Commerce will calculate importer-
specific assessment rates for antidumping duties, in accordance with 19
CFR 351.212(b)(1).
For entries that were not reported in the U.S. sales database
submitted by the exporter individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.\14\
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\14\ 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 these final results of review.
For 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
made 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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective 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 the subject
merchandise exported by the companies listed above or in appendix II
that have a separate rate, the cash deposit rate will be equal to the
weighted-average
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dumping margin established in the final results of this administrative
review; (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above or in appendix II 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 published
for the most recently completed segment of this proceeding; (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 (i.e., 2.42 USD/kg); and (4) for all non-Chinese
exporters of subject merchandise that 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 deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice 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 review period. 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 final 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 subject
to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.221(b)(5) and 351.213(h)(2).
Dated: November 5, 2024.
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: Calculation Errors
Comment 2: Surrogate Country (SC) Selection and Factors of
Production (FOP)
Comment 3: Surrogate Values (SVs)
Comment 4: Financial Ratio
Comment 5: Value-Added Tax (VAT)
Comment 6: Russian SV Data
Comment 7: Carbonized Screenings and By-Product FOP
Comment 8: GHC's Separate Rate
Comment 9: GHC's FOP Database
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. 2024-27580 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 25, 2024.
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