Notice2024-30691
Certain Activated Carbon From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
December 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on certain activated carbon (activated carbon) from the People's Republic of China (China) to correct ministerial errors. Based on the amended final results, we find that the companies under review sold activated carbon in the United States at less than 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 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104978-104979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30691]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Amended 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on certain activated carbon (activated carbon) from the People's
Republic of China (China) to correct ministerial errors. Based on the
amended final results, we find that the companies under review sold
activated carbon in the United States at less than normal value during
the period of review (POR), April 1, 2022, through March 31, 2023.
DATES: Applicable December 26, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Katherine 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 November 25, 2024, Commerce published in the Federal Register
the final results of the 2022-2023 administrative review of the AD
order on activated carbon from China.\1\ On November 20, 2024, we
received a timely submitted ministerial error allegation from the
mandatory respondents, Jilin Bright Future Chemicals Co., Ltd. (Jilin
Bright) and Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.
(GHC).\2\ On November 25, 2024, Calgon Carbon Corporation and Norit
Americas Inc. (the petitioners), submitted comments in response to the
ministerial error allegations filed on behalf of GHC and Jilin
Bright.\3\ We received no other ministerial error comments from
interested parties. Commerce is amending the Final Results to correct
the ministerial errors.
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\1\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2022-2023, 89 FR 92893 (November 25, 2024) (Final Results), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Jilin Bright's Letter, ``Ministerial Error
Allegations,'' dated November 20, 2024 (Jilin Bright's Ministerial
Error Allegation); see also GHC's Letter, ``Ningxia Guanghua
Cherishment Ministerial Error Allegations,'' dated November 20, 2024
(GHC's Ministerial Error Allegation).
\3\ See Petitioners' Letter, ``Petitioners' Response to GHC's
Ministerial Error Allegation,'' dated November 25, 2024; see also
Petitioners' Letter, ``Petitioners' Response to Jilin Bright's
Ministerial Error Allegation,'' dated November 25, 2024.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \4\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review . . .''
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\4\ See 19 CFR 351.224(f).
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Ministerial Error
Commerce reviewed the record, and we agree that the errors alleged
by the mandatory respondents constitute ministerial errors within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f).\5\
Specifically, we find that we made inadvertent errors related to the
inclusion of two selling, general, and administrative (SG&A) expenses
in the average financial ratios utilized in the review.\6\ We also
agree with GHC's allegation related to the incorrect surrogate value
being applied to a factor of production.\7\ Pursuant to 19 CFR
351.224(e), Commerce is amending the Final Results to reflect the
correction of the ministerial errors, as described in the Ministerial
Error Memorandum.\8\ Based on the corrections, Jilin Bright's final
dumping margin changed from 1.95 dollars per kilogram to 1.90 dollars
per kilogram and GHC's final dumping margin changed from 1.21 dollars
per kilogram to 1.10 dollars per kilogram. As a result, we are also
revising the rate assigned to the non-individually examined separate
rate companies, utilizing the same methodology in the Final Results,\9\
from 1.44 dollars per kilogram to 1.35 dollars per kilogram. The
amended estimated weighted-average dumping margins are listed in the
``Amended Final Determination'' section below.
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\5\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with this Federal Register notice
(Ministerial Error Memorandum).
\6\ See Jilin Bright's Ministerial Error Allegation at 2-3; see
also GHC's Ministerial Error Allegation at 3-4.
\7\ See GHC's Ministerial Error Allegation at 2-3.
\8\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum); see also Memorandum,
``Amended Final Analysis Memorandum for Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd.;'' Memorandum, ``Amended Final Analysis
Memorandum for Jilin Bright Future Chemicals Co., Ltd.;'' and
Memorandum, ``Calculation of the Amended Final Margin for
Respondents Not Selected for Individual Examination,'' all dated
concurrently with this notice.
\9\ 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).
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\10\ The Ministerial Error Memorandum is on file
electronically via ACCESS. ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>.
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\10\ Id.
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Amended Final Results of Review
As a result of correcting these ministerial errors described above,
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
dumping margin (U.S.
Exporter dollars per kilogram)
\11\
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Jilin Bright Future Chemicals Co., Ltd......... 1.90
Ningxia Guanghua Cherishmet Activated Carbon 1.10
Co., Ltd......................................
Separate Rate Applicable For Non-Selected 1.35
Companies Under Review \12\...................
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Disclosure
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\11\ 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).
\12\ See the appendix for the list of non-individually examined
companies receiving a separate rate.
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Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the
[[Page 104979]]
amended final results or, if there is no public announcement, within
five days of the date of publication of the notice of amended 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 amended 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.\13\ 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 amended final results of
review.
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\13\ 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 six companies identified in the appendix 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 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) the amended cash
deposit rate for GHC and Jilin Bright and the other companies not
individually examined in this review will be equal to the weighted-
average dumping margin that is established in the amended final results
of this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above or in Appendix I 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 occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these amended final results of review
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: December 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Separate 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. 2024-30691 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 26, 2024.
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