Notice2025-15567
Certain Activated Carbon From the People's Republic of China: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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
August 15, 2025
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, 2023, through March 31, 2024. Additionally, we are rescinding this administrative review with respect to six companies for which there were no reviewable entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 156 (Friday, August 15, 2025)</title>
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[Federal Register Volume 90, Number 156 (Friday, August 15, 2025)]
[Notices]
[Pages 39378-39381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15567]
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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 and Rescission, in Part, of Antidumping Duty
Administrative Review; 2023-2024
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, 2023,
through March 31, 2024. Additionally, we are rescinding this
administrative review with respect to six companies for which there
were no reviewable entries of subject merchandise during the POR. We
invite interested parties to comment on these preliminary results of
review.
DATES: Applicable August 15, 2025.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Nathan Araya, 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) 482-3401,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce published in the Federal Register the
antidumping duty order on activated carbon from China.\1\ On April 1,
2024, Commerce published a notice of opportunity to request an
administrative review of the Order, pursuant to section 751(a)(1) of
the Tariff Act of 1930, as amended (the Act).\2\ On June 12, 2024,
based on timely requests for review from certain interested parties,\3\
Commerce initiated an administrative review of the Order covering 20
companies,\4\ including the two mandatory respondents, DJAC and Ningxia
Huahui.\5\ On July 22, 2024, Commerce tolled certain administrative
deadlines in this review by seven days.\6\ On December 9, 2024,
Commerce tolled administrative deadlines in this review by an
additional 90 days.\7\ On March 11, 2025, Commerce extended the
deadline for the preliminary results, which is now August 5, 2025.\8\
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\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 22390 (April 1,
2024).
\3\ See Carbon Activated Tianjin Co., Ltd.'s Letter, ``Request
for Antidumping Administrative Review,'' dated April 25, 2024; see
also Ningxia Huahui Environmental Technology Co., Ltd.'s Letter,
``Request for Administrative Review,'' dated April 26, 2024; Ningxia
Mineral & Chemical Limited's Letter, ``Request for Administrative
Review,'' dated April 26, 2024; Tancarb Activated Carbon Co., Ltd.'s
Letter, ``Request for Administrative Review,'' dated April 26, 2024;
Beijing Pacific Activated Carbon Products Co., Ltd.'s Letter,
``Administrative Review Request,'' dated April 28, 2024; Shanxi
Sincere Industrial Co., Ltd. and Tianjin Channel Filters Co., Ltd.'s
Letter, ``Request for Administrative Review,'' dated April 29, 2024;
Jacobi Carbons AB and Affiliates Letter, ``Jacobi's Request for
Administrative Review,'' dated April 30, 2024; Ningxia Guanghua
Cherishmet Activated Carbon Co., Ltd.'s Letter, ``Request for
Administrative Review,'' dated April 30, 2024; Bengbu Modern
Environmental Co., Ltd.'s Letter, ``Request for Administrative
Review,'' dated April 30, 2024; Datong Hongdi Carbon Co., Ltd.'s
Letter, ``Request for Administrative Review,'' dated April 30, 2024;
Jilin Bright Future Chemicals Co., Ltd.'s Letter, ``Request for
Administrative Review,'' dated April 30, 2024; Shanxi Industry
Technology Trading Co., Ltd.'s Letter ``Request for Administrative
Review,'' dated April 30, 2024; Datong Municipal Yunguang Activated
Carbon Co., Ltd.'s Letter, ``Request for Administrative Review,''
dated April 30, 2024; and Datong Juqiang Activated Carbon Co.,
Ltd.'s Letter, ``Request for Antidumping Administrative Review,''
dated April 30, 2024.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49844 (June 12, 2024) (Initiation
Notice). In the Initiation Notice, we listed Ningxia Huahui and
Ningxia Huahui Activated Carbon Co. Ltd. as two separate companies;
however, Commerce previously determined that Ningxia Huahui is the
successor-in-interest to Ningxia Huahui Activated Carbon Co. Ltd.
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).
\5\ See Memorandum, ``Respondent Selection,'' dated September
25, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 11,
2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics included in the Preliminary Decision Memorandum is
provided in Appendix I 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
[[Page 39379]]
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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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Activated
carbon from the People's Republic of China; 2023-2024,'' dated
concurrently with, and herby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by the Order is activated carbon from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\10\
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\10\ Id.
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Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(3), Commerce's practice is to rescind
an administrative review when there are no reviewable entries of
subject merchandise during the POR for which liquidation is
suspended.\11\ Normally, upon completion of an administrative review,
the suspended entries are liquidated at the antidumping duty assessment
rate calculated for the review period.\12\ Therefore, to conduct an
administrative review of a company, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the antidumping duty assessment rate calculated for the
POR.\13\
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\11\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.213(d)(3).
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On June 16, 2025, we notified parties of our intent to rescind this
administrative review, in part, with respect to the companies listed in
Appendix IV because there were no suspended entries of subject
merchandise produced or exported by these firms during the POR. We
invited interested parties to comment.\14\ No parties commented on our
intent to rescind the review with respect to these companies. Thus, in
the absence of suspended entries of subject merchandise from these
companies during the POR, we are rescinding the administrative review
with respect to the companies listed in Appendix IV, in accordance with
19 CFR 351.213(d)(3).
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\14\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated June 16, 2025.
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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 (NME)
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.\15\
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\15\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology'' section.
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Separate Rates
In the Initiation Notice, we informed parties that all firms for
which a review was initiated that wished to qualify for separate rate
status must complete, as appropriate, either a separate rate
application (SRA) or a separate rate certification (SRC).\16\ Commerce
preliminarily determines that DJAC and Ningxia Huahui and the seven
companies listed in Appendix II are eligible to receive a separate rate
in this review. Commerce also preliminarily determines that the five
companies listed in Appendix III are not eligible to receive a separate
rate and are, therefore, considered part of the China-wide entity
because each of them failed to file an SRA or SRC. For further
discussion, see the Preliminary Decision Memorandum.
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\16\ See Initiation Notice, 89 FR at 49845.
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Separate Rate Calculation
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 DJAC and Ningxia Huahui are $1.41/kg and
$1.30/kg, respectively. For the reasons explained in the Preliminary
Decision Memorandum, we are assigning to the seven non-examined
respondents which qualify for a separate rate in this review, an
estimated dumping margin of $1.34/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,\17\ 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/kg) is not subject to change.\18\ Because
each of the companies listed in Appendix III failed to timely file an
SRA or SRC in this proceeding, we preliminarily find that each company
is ineligible for a separate rate and is considered part of the China-
wide entity.
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\17\ 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).
\18\ See Order.
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Preliminary Results of Review
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\19\ 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).
\20\ See Appendix II.
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Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2023, through
March 31, 2024:
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Weighted-average dumping margin
Exporter (U.S. dollars per kilogram) \19\
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Datong Juqiang Activated Carbon Co., 1.41
Ltd................................
Ningxia Huahui Environmental 1.30
Technology Co., Ltd................
Separate Rate for Non-Examined 1.34
Companies \20\.....................
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[[Page 39380]]
Disclosure
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.\21\
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\21\ See 19 CFR 351.224(b).
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to no later than 21 days after the date of the
publication of this notice.\22\ 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.\23\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) a table of contents listing each issue; and (2) a table
of authorities.\24\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\22\ See 19 CFR 351.309.
\23\ 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).
\24\ 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.\25\ 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).\26\
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\25\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\26\ See APO and Service Final Rule.
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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 Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after publication of
this notice. Requests should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of issues
the party intends to discuss at the hearing. Issues raised in the
hearing will be limited to issues raised in the respective case briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\27\ Parties should confirm
the date, time, and location of the hearing two days before the
scheduled date.
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\27\ See 19 CFR 351.310(d).
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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 assessment of antidumping
duties on entries of merchandise covered by this review.\28\ Upon
issuance 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.\29\ 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).
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\28\ See 19 CFR 351.212(b)(1).
\29\ 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 or customer-specific
assessment rates for each respondent on the basis of the ratio of the
total amount of dumping calculated for each importer or customer's
examined sales and, where possible, the total entered value of those
same sales in accordance with 19 CFR 351.212(b)(1).\30\ Where a
respondent did not report entered value, we will calculate importer or
customer-specific per-unit duty assessment rates based on the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total quantity of those sales.
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\30\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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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 rate for the China-wide
entity.\31\
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\31\ 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
five companies identified in Appendix III 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.
For the companies listed in Appendix IV, for which this review is
being rescinded, Commerce will instruct CBP to assess antidumping
duties on all appropriate entries. Antidumping duties shall be assessed
at rates equal to the cash deposit rate for estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
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,
[[Page 39381]]
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 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 deposit requirements, when imposed,
shall remain in effect until further notice. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in case and rebuttal briefs, within 120 days
of publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice serves as a preliminary 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 351.221(b)(4).
Dated: August 5, 2025.
Christopher Abbott,
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. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Non-Examined Companies Preliminarily Determined To Be Eligible for a
Separate Rate
1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Bengbu Modern Environmental Co. Ltd.
3. Carbon Activated Tianjin Co., Ltd.
4. Ningxia Mineral & Chemical Limited
5. Shanxi Industry Technology Trading Co., Ltd.
6. Shanxi Sincere Industrial Co., Ltd.
7. Tancarb Activated Carbon Co., Ltd.
Appendix III
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. Shanxi Dapu International Trade Co., Ltd.
2. Shanxi DMD Corp.
3. Shanxi Tianxi Purification Filter Co., Ltd.
4. Sinoacarbon International Trading Co., Ltd.
5. Tianjin Maijin Industries Co., Ltd.
Appendix IV
Companies For Which Commerce Is Rescinding the Review
1. Datong Hongdi Carbon Co., Ltd.
2. Datong Municipal Yunguang Activated Carbon Co.
3. Jilin Bright Future Chemicals Co., Ltd.
4. Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.
5. Tianjin Jacobi International Trading Co., Ltd.; Jacobi Carbons
AB; Jacobi Carbons Industry (Tianjin) Co., Ltd.; Jacobi Adsorbent
Materials (Tianjin) Co., Ltd.
6. Tianjin Channel Filters Co., Ltd.
[FR Doc. 2025-15567 Filed 8-14-25; 8:45 am]
BILLING CODE 3510-DS-P
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