[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Notices]
[Pages 10539-10542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03512]


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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, Final 
Determination of No Shipments, and Final Rescission of Administrative 
Review, in Part; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Carbon 
Activated Tianjin Co., Ltd. (Carbon Activated) and Datong Juqiang 
Activated Carbon Co., Ltd. (Datong Juqiang) sold certain activated 
carbon from the People's Republic of China (China) at less than normal 
value during the period of review (POR) April 1, 2018, through March 
31, 2019.

DATES: Applicable February 22, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn or George Ayache, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-2623, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results \1\ on April 30, 2020. 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ On April 24 and July 21, 2020, Commerce tolled 
all deadlines in administrative reviews by 50 and an additional 60 
days, respectively.\3\ On November 25, 2020, Commerce extended the 
deadline of the final results this administrative review by 58 days.\4\ 
The deadline for the final results of this review is now February 12, 
2021.
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    \1\ See Certain Activated Carbon from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, Intent to Rescind the Review, in Part, and Preliminary 
Determination of No Shipments; 2018-2019, 85 FR 23947 (April 30, 
2020) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results of the Twelfth Antidumping Duty Administrative Review,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see 
also Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Extension of Deadline for Final Results of 
Twelfth Antidumping Duty Administrative Review,'' dated November 25, 
2020.
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Scope of the Order \5\
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    \5\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (Order). For a complete description of the scope of the Order, 
see the Issues and Decision Memorandum.
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    The merchandise subject to the Order is certain activated carbon. 
The products are currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 3802.1000. Although 
the HTSUS subheading is provided for convenience and customs purposes, 
the written description of the scope of the Order remains dispositive.

Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in the interested parties' case and rebuttal briefs. In Appendix 
I to this notice, we provided a list of the issues raised by the 
parties. The Issues and 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 https://

[[Page 10540]]

access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum is available to parties at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the margin calculations for Carbon Activated and Datong 
Juqiang,\6\ and consequently, to the rate assigned to the non-examined, 
separate rate respondents.\7\
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    \6\ See Memoranda, ``Antidumping Duty Administrative Review of 
Certain Activated Carbon from the People's Republic of China: Final 
Results Calculation Memorandum for Carbon Activated'' (Carbon 
Activated's Final Calculation Memorandum); and ``Antidumping Duty 
Administrative Review of Certain Activated Carbon the People's 
Republic of China: Final Results Calculation Memorandum for Datong 
Juqiang Activated Carbon Co., Ltd.'' (Datong Juqiang's Final 
Calculation Memorandum), both dated concurrently with this 
memorandum; see also Memorandum, ``Twelfth Administrative Review of 
Certain Activated Carbon from the People's Republic of China: 
Surrogate Values for the Final Results,'' dated concurrently with 
this memorandum.
    \7\ For additional details on the changes made since the 
Preliminary Results, see the Issues and Decision Memorandum.
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Rescission of Administrative Review, in Part

    As noted in the Preliminary Results, in the Initiation Notice,\8\ 
we included Jacobi Carbons, Inc. among the companies for which a review 
was requested. The record of this review demonstrates that Jacobi 
Carbons, Inc. is a U.S. importer of Jacobi.\9,10\ Therefore, for these 
final results, we are rescinding the review with respect to Jacobi 
Carbons, Inc.
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    \8\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation 
Notice).
    \9\ Jacobi Carbons AB and its affiliates, Tianjin Jacobi 
International Trading Co. Ltd. and Jacobi Carbons Industry (Tianjin) 
Co. Ltd. (collectively, Jacobi).
    \10\ See Jacobi's Letter, ``Jacobi's Separate Rate Certification 
Supplemental Questionnaire Response,'' dated March 10, 2020 at 
Exhibit 1.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.; Jilin Bright 
Future Chemicals Co., Ltd.; Shanxi Dapu International Trade Co., Ltd.; 
and Tianjin Channel Filters Co., Ltd. had no shipments of subject 
merchandise to the United States during the POR.\11\ We received no 
arguments identifying information that contradicts this determination. 
Therefore, we continue to find that these companies had no shipments of 
subject merchandise during the POR and will issue appropriate 
liquidation instructions that are consistent with our ``automatic 
assessment'' clarification for these final results.\12\
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    \11\ See Preliminary Results, 85 FR at 23947.
    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rate Respondents

    In our Preliminary Results, we determined that Carbon Activated, 
Datong Juqiang, and nine other companies demonstrated their eligibility 
for a separate rate.\13\ We received no comments or arguments since the 
issuance of the Preliminary Results that provide a basis for 
reconsideration of these determinations. Therefore, for these final 
results, we continue to find that the eleven companies listed in the 
table in the ``Final Results of the Review'' section of this notice are 
eligible for a separate rate.
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    \13\ See Preliminary Results PDM at 5-8.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\14\ and consistent with Commerce's 
practice,\15\ we assigned the non-examined, separate rate companies a 
rate equal to the weighted average of the calculated weighted-average 
dumping margins for the mandatory respondents that are not zero, de 
minimis (i.e., less than 0.5 percent), or based entirely on facts 
available, weighted by the total U.S. sales quantities from the public 
version of the submissions from the mandatory respondents.\16\ No 
parties commented on the methodology for calculating this separate 
rate. For the final results, we continue to apply this methodology, as 
it is consistent with the intent of, and our use of, section 
735(c)(5)(A) of the Act.\17\
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    \14\ Id. at 9-10.
    \15\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Final Results and Final Partial 
Rescission of Antidumping Duty Administrative Review, 76 FR 56158, 
56160 (September 12, 2011) (Vietnam Shrimp).
    \16\ See Memorandum, ``Certain Activated Carbon from the 
People's Republic of China: Calculation of Margin for Respondents 
Not Selected for Individual Examination,'' dated concurrently with 
this notice.
    \17\ See Vietnam Shrimp, 76 FR at 56160.
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Final Results of the Review

    For the companies subject to this review, which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the POR from April 1, 2018, 
through March 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                dumping
                     Producers/exporters                        margin
                                                               (USD/kg)
                                                                 \18\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd...........................        1.83
Datong Juqiang Activated Carbon Co., Ltd....................        0.38
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 Review-Specific Average Rate Applicable to the Following Companies \19\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd..........        0.65
Jacobi Carbons AB \20\......................................        0.65
Ningxia Huahui Activated Carbon Co., Ltd....................        0.65
Ningxia Mineral & Chemical Limited..........................        0.65
Shanxi Sincere Industrial Co., Ltd..........................        0.65
Shanxi Tianxi Purification Filter Co., Ltd..................        0.65
Datong Municipal Yunguang Activated Carbon Co., Ltd.........        0.65
Shanxi Industry Technology Trading Co., Ltd.................        0.65
Tancarb Activated Carbon Co., Ltd...........................        0.65
------------------------------------------------------------------------

    In the Preliminary Results, Commerce found that 63 companies for 
which a review was requested \21\ did not establish eligibility for a 
separate rate because they did not file a separate rate application or 
a separate rate certification, as appropriate.\22\ No interested party 
commented on Commerce's preliminary determination with respect to these 
63 companies, identified at Appendix II to this notice. Therefore, for 
these final results we determine these companies to be part of the 
China-wide entity. Because no party requested a review of the China-
wide entity, and Commerce no longer considers the China-wide entity as 
an

[[Page 10541]]

exporter conditionally subject to administrative reviews,\23\ we did 
not conduct a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (i.e., 2.42 USD/kg) 
\24\ is not subject to change as a result of this review.
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    \18\ In the second administrative review of the Order, Commerce 
determined that it would calculate per-unit weighted-average dumping 
margins and assessment rates 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) (AR2 Carbon), and 
accompanying Issues and Decision Memorandum (IDM) at Comment 3.
    \19\ This is the rate applicable to the non-examined separate 
rate respondents, as discussed above.
    \20\ In the third administrative review of the Order, Commerce 
found that Jacobi Carbons AB, Tianjin Jacobi International Trading 
Co. Ltd., and Jacobi Carbons Industry (Tianjin) should be treated as 
a single entity, and because there were no facts presented on the 
record of this review which would call into question our prior 
finding, we continue to treat these companies as part of a single 
entity for this administrative review, pursuant to sections 
771(33)(E), (F), and (G) of the Act, and 19 CFR 351.401(f). See 
Certain Activated Carbon from the People's Republic of China: Final 
Results and Partial Rescission of Third Antidumping Duty 
Administrative Review, 76 FR 67142, 67145, n.25 (October 31, 2011); 
see also Preliminary Results PDM.
    \21\ See Appendix II of this notice for a full list of the 63 
companies.
    \22\ See Preliminary Results PDM at 8.
    \23\ 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, 65969-70 (November 
4, 2013).
    \24\ See, e.g., Certain Activated Carbon from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 70163, 70165 (November 25, 2014).
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. Consistent with its recent notice,\25\ 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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    \25\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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    For each individually-examined respondent in this review which has 
a final weighted-average dumping margin that is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer- (or 
customer-) specific per-unit duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to 
that importer (or customer) to the total quantity associated with those 
sales, in accordance with 19 CFR 351.212(b)(1).\26\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis.\27\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\28\
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    \26\ See AR2 Carbon IDM at Comment 3.
    \27\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Carbon Activated's Final Calculation 
Memorandum and Datong Juqiang's Final Calculation Memorandum and 
attached Margin Calculation Program Logs and Outputs.
    \28\ See 19 CFR 351.106(c)(2).
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    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the rate assigned 
to them for the final results (i.e., 0.65 USD/kg). For the companies 
identified as part of the China-wide entity, we will instruct CBP to 
apply a per-unit assessment rate of 2.42 USD/kg to all entries of 
subject merchandise during the POR which were produced or exported by 
those companies. Pursuant to a refinement in our non-market economy 
practice, for sales that were not reported in the U.S. sales data 
submitted by companies individually examined during this review, we 
will instruct CBP to liquidate entries associated with those sales at 
the rate for the China-wide entity. Furthermore, where we found that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's cash deposit rate) will be liquidated at the rate 
for the China-wide entity.\29\
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    \29\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements

    The following per-unit 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 by section 751(a)(2)(C) of the Act: (1) For Carbon 
Activated, Datong Juqiang, and the non-examined separate rate 
respondents, the cash deposit rate will be equal to their weighted-
average dumping margins established in the final results of this 
review; (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recently completed segment of this proceeding in which 
they were reviewed; (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 equal to the weighted-average dumping 
margin for the China-wide entity (i.e., 2.42 USD/kg); and (4) for all 
non-Chinese exporters of subject merchandise which have not received 
their own separate rate, the cash deposit rate will be the rate 
applicable to the Chinese exporters that supplied those non-Chinese 
exporters. These per-unit cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 POR. 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.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to 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 and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Dated: February 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

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: Adjustment of Datong Juqiang's Reported Per-Unit 
Factor Consumption of Bituminous Coal and Carbonized Material
    Comment 2: Bituminous Coal Surrogate Value

[[Page 10542]]

    Comment 3: Coal Tar Surrogate Value
    Comment 4: Anthracite Coal Surrogate Value
    Comment 5: Selection of Surrogate Financial Statements
    Comment 6: Ocean Freight Surrogate Value
    Comment 7: Hydrochloric Acid Surrogate Value
    Comment 8: Carbonized Material Surrogate Value
    Comment 9: Liquid Caustic Soda Surrogate Value
    Comment 10: Steam Surrogate Value
    Comment 11: Whether to Use the Most Comparable CONNUM When 
Calculating the Factors of Production for Carbon Activated's 
Uncooperative and Excluded Suppliers
VI. Recommendation

Appendix II

Companies Not Eligible for a Separate Rate and Treated as Part of the 
China-Wide Entity

1. AM Global Shipping Lines Co., Ltd.
2. Apex Maritime (Tianjin) Co., Ltd.
3. Beijing Kang Jie Kong International Cargo Agent Co Ltd.
4. Bengbu Modern Environmental Co., Ltd.
5. Brilliant Logistics Group Inc.
6. China Combi Works Oy Ltd
7. China International Freight Co., Ltd.
8. Cohesion Freight (HK) Ltd.
9. Datong Municipal Yunguang
10. De Well Container Shipping Corp.
11. Derun Charcoal Carbon Co., Ltd.
12. Endurance Cargo Management Co., Ltd.
13. Envitek (China) Ltd.
14. Excel Shipping Co., Ltd.
15. Fujian Xinsen Carbon Co., Ltd.
16. Fuzhou Yihuan Carbon Co., Ltd.
17. Fuzhou Yuemengfeng Trade Co., Ltd.
18. Gongyi City Bei Shan Kou Water Purification Materials Factory
19. Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd.
20. Guangzhou Four E'S Scientific Co., Ltd.
21. Hangzhou Hengxing Activated Carbon
22. Henan Dailygreen Trading Co., Ltd.
23. Honour Lane Shipping Ltd.
24. Ingevity Corp.
25. Ingevity Performance Materials
26. Jiangsu Kejing Carbon Fiber Co., Ltd.
27. Jiangxi Yuanli Huaiyushan Active Carbon
28. Jilin Bright Future Chemicals Co.
29. King Freight International Corp.
30. M Chemical Company, Inc.
31. Meadwestvaco Trading (Shanghai)
32. Muk Chi Trade Co., Ltd.
33. Nanping Yuanli Active Carbon Co.
34. Pacific Star Express (China) Company Ltd.
35. Panalpina World Transport (Prc) Ltd.
36. Pingdingshan Green Forest Activated Carbon Factory
37. Pingdingshan Lvlin Activated Carbon Co., Ltd.
38. Pudong Prime International Logistics
39. Safround Logistics Co.
40. Seatrade International Transportation
41. Shanghai Caleb Industrial Co. Ltd.
42. Shanghai Express Global International
43. Shanghai Line Feng Int'l Transportation
44. Shanghai Pudong International Transportation
45. Shanghai Sunson Activated Carbon
46. Shanghai Xinjinhu Activated Carbon
47. Shanxi DMD Corp.
48. Shanxi Industry Technology Trading (ITT)
49. Shanxi Tianxi Purification Filter
50. Shenzhen Calux Purification
51. Shijiazhuang Tangju Trading Co.
52. Sinoacarbon International Trading Co., Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tancarb Activated Carbon Co.
55. The Ultimate Solid Logistics Ltd
56. Tianjin Maijin Industries Co., Ltd
57. Translink Shipping Inc.
58. Trans-Power International Logistics Co., Ltd.
59. Triple Eagle Container Line
60. U.S. United Logistics (Ningbo) Inc.
61. Yusen Logistics Co., Ltd.
62. Zhejiang Topc Chemical Industry
63. Zhengzhou Zhulin Activated Carbon

[FR Doc. 2021-03512 Filed 2-19-21; 8:45 am]
BILLING CODE 3510-DS-P