Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48723 

1The Department received a similar CCR request 

from Hebei Foreign on November 7, 2008, and 

denied the request because the Department found 

that changed circumstances sufficient to warrant a 

review did not exist. See Letter from Hebei Foreign, 

to the Department, regarding Certain Activated 

Carbon from the People’s Republic of China; 

Request for Changed Circumstances Review 

(November 7, 2008); see also Letter from the 

Department to Hebei Foreign, regarding Changed 

Circumstance Review: Certain Activated Carbon 

from the People’s Republic of China (‘‘PRC’’) 

(December 8, 2008). 

2See Letter from Hebei Foreign, to the 

Department, regarding Certain Activated Carbon 

from the People’s Republic of China; Request for 

Changed Circumstances Review (February 24, 2009) 

(‘‘Hebei Foreign’s CCR Request’’). 

3See Letter from Petitioners to the Department, 

regarding Certain Activated Carbon from the 

People’s Republic of China (March 4, 2009). 

4See Letter from the Department to Hebei 

Foreign, regarding Changed Circumstance Review: 

Certain Activated Carbon from the People’s 

Republic of China (‘‘PRC’’) (June 12, 2009); also see 

Letter from Hebei Foreign to the Department, 

regarding Certain Activated Carbon from the 

People’s Republic of China; Supplemental Response 

of Hebei Foreign Trade and Advertising Corp. (July 

6, 2009) (‘‘Hebei Foreign’s Supplemental 

Questionnaire Response’’). 

5Petitioners in this case are Calgon Carbon 

Corporation and Norit Americas Inc. (collectively, 

‘‘Petitioners’’). 

6See Letter from Petitioners to the Department, 

regarding Certain Activated Carbon from the 

People’s Republic of China (July 9, 2009). 

Chairperson). The Council will also 

receive and discuss Committee Reports 

and address under continuing business 

the need to clarify squid control dates 

regarding Amendment 14 to the Squid, 

Mackerel, and Butterfish FMP and any 

other continuing or new business. 

Although non-emergency issues not 

contained in this agenda may come 

before the Council for discussion, these 

issues may not be the subject of formal 

Council action during this meeting. 

Council action will be restricted to those 

issues specifically listed in this notice 

and any issues arising after publication 

of this notice that require emergency 

action under Section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take final action to address 

such emergencies. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to M. 

Jan Bryan, (302) 674–2331 ext 18, at 

least 5 days prior to the meeting date. 

Dated: September 21, 2009. 

William D. Chappell, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–23054 Filed 9–23–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Exporters’ Textile Advisory 

Committee; Notice of Open Meeting 

A meeting of the Exporters’ Textile 

Advisory Committee will be held on 

Wednesday, November 4, 2009. The 

meeting will be from 1:00-4:30 p.m. 

Location: Training Room A, Trade 

Information Center, Ronald Reagan 

Building, 1300 Pennsylvania Avenue, 

N.W., Washington, D.C. 20004. 

The Committee provides advice and 

guidance to Department officials on the 

identification and surmounting of 

barriers to the expansion of textile 

exports, and on methods of encouraging 

textile firms to participate in export 

expansion. 

The Committee functions solely as an 

advisory body in accordance with the 

provisions of the Federal Advisory 

Committee Act. 

The meeting will be open to the 

public with a limited number of seats 

available. For further information 

contact Kim-Bang Nguyen at (202) 482- 

4805 or Laurie Mease at (202) 482-2043. 

Minutes of all ETAC meetings are 

posted at otexa.ita.doc.gov. 

Dated: September 18, 2009. 

Kimberly Glas, 

Deputy Assistant Secretary for Textiles and 

Apparel. 

[FR Doc.E9–23120 Filed 9–23–09; 8:45 am] 

BILLING CODE 3510–DS 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–904 

Certain Activated Carbon from the 

People’s Republic of China: Notice of 

Rescission of Changed Circumstances 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

EFFECTIVE DATE: September 24, 2009. 

SUMMARY: On April 30, 2009, the 

Department of Commerce 

(‘‘Department’’) published a notice of 

initiation of changed circumstance 

review (‘‘CCR’’) of the antidumping duty 

order on certain activated carbon from 

the People’s Republic of China (‘‘PRC’’). 

See Certain Activated Carbon From the 

People’s Republic of China: Notice of 

Initiation of Changed Circumstances 

Review, 74 FR 19934 (April 30, 2009) 

(‘‘Initiation’’). The Department is now 

rescinding this CCR because Hebei 

Foreign Trade and Advertising 

Corporation (‘‘Hebei Foreign’’) because 

the factual information upon which the 

Department relied in the initiation of 

this change circumstances review was 

later found to be false, and we find there 

was not a change in circumstances to 

warrant this review. 

FOR FURTHER INFORMATION CONTACT: 

Katie Marksberry, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

DC 20230; telephone: 202–482–7906. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 24, 2009, the Department 

received a request from Hebei Foreign1

for an expedited CCR to find that Hebei 

Foreign has been succeeded by Hebei 

Shenglun, and therefore Hebei Shenglun 

should receive the separate rate 

assigned to Hebei Foreign in the case of 

certain activated carbon from the PRC.2

On March 4, 2009, the Department 

received comments from Petitioners in 

opposition to the CCR, stating that 

Hebei Foreign’s February 24, 2009, 

request for a CCR is nearly identical to 

the November 7, 2008, request, which 

the Department denied.3

On April 30, 2009, the Department 

published a notice of initiation of CCR 

of the antidumping duty order on 

certain activated carbon from the 

People’s Republic of China. See 

Initiation. However, the Department 

found that Hebei Foreign did not 

provide complete supporting 

documentation or conclusive evidence 

that would allow the Department to 

expedite the CCR by combining the 

preliminary results of review with the 

notice of initiation as provided for in 19 

CFR 351.221(c)(3)(ii). See Initiation. 

On June 12, 2009, the Department 

issued a supplemental questionnaire to 

Hebei Foreign, and on July 6, 2009, 

Hebei Foreign submitted its response.4

On July 9, 2009, the Department 

received comments from Petitioner5

concerning Hebei Foreign’s 

supplemental questionnaire response. 

Petitioners argue that Hebei Foreign’s 

supplemental response demonstrates 

that there is no basis for continuing with 

a changed circumstances proceeding, 

and additionally that the Department 

should revoke Hebei Foreign’s separate 

rate based on Hebei Foreign’s alleged 

intentional misrepresentation of its 

operations and management.6

Petitioners specifically reference 

statements submitted by Hebei Foreign 

that reveal that the managers listed in 

Hebei Foreign’s response are not 


srobinson on DSKHWCL6B1PROD with NOTICES
48724 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

7See id. 

8See Letter from Hebei Foreign, to the 

Department, regarding Certain Activated Carbon 

from the People’s Republic of China; Request for 

Changed Circumstances Review (February 24, 2009) 

(≥Hebei Foreign’s CCR Request≥); see also 

Initiation. 

9See Letter from Hebei Foreign to the 

Department, regarding Certain Activated Carbon 

from the People’s Republic of China; Supplemental 

Response of Hebei Foreign Trade and Advertising 

Corp. at page 1 (July 6, 2009) (‘‘Hebei Foreign’s 

Supplemental Questionnaire Response’’). 

10See id. at page 1. 

employees of Hebei Foreign, and that 

Wang Kezheng, who certified the 

responses, is not employed by Hebei 

Foreign. Additionally, Petitioners 

express concerns that Hebei Foreign is 

being used by Weng Kezheng and his 

business partner, Jiang Hua, as a ‘‘front 

company’’ to export subject 

merchandise to the United States under 

Hebei Foreign’s separate rate.7

Scope of Changed Circumstances 

Review 

The merchandise subject to this order 

is certain activated carbon. Certain 

activated carbon is a powdered, 

granular, or pelletized carbon product 

obtained by ‘‘activating’’ with heat and 

steam various materials containing 

carbon, including but not limited to coal 

(including bituminous, lignite, and 

anthracite), wood, coconut shells, olive 

stones, and peat. The thermal and steam 

treatments remove organic materials and 

create an internal pore structure in the 

carbon material. The producer can also 

use carbon dioxide gas (CO2) in place of 

steam in this process. The vast majority 

of the internal porosity developed 

during the high temperature steam (or 

CO2 gas) activated process is a direct 

result of oxidation of a portion of the 

solid carbon atoms in the raw material, 

converting them into a gaseous form of 

carbon. 

The scope of this order covers all 

forms of activated carbon that are 

activated by steam or CO2, regardless of 

the raw material, grade, mixture, 

additives, further washing or post– 

activation chemical treatment (chemical 

or water washing, chemical 

impregnation or other treatment), or 

product form. Unless specifically 

excluded, the scope of this order covers 

all physical forms of certain activated 

carbon, including powdered activated 

carbon (‘‘PAC’’), granular activated 

carbon (‘‘GAC’’), and pelletized 

activated carbon. 

Excluded from the scope of the order 

are chemically activated carbons. The 

carbon–based raw material used in the 

chemical activation process is treated 

with a strong chemical agent, including 

but not limited to phosphoric acid, zinc 

chloride sulfuric acid or potassium 

hydroxide, that dehydrates molecules in 

the raw material, and results in the 

formation of water that is removed from 

the raw material by moderate heat 

treatment. The activated carbon created 

by chemical activation has internal 

porosity developed primarily due to the 

action of the chemical dehydration 

agent. Chemically activated carbons are 

typically used to activate raw materials 

with a lignocellulosic component such 

as cellulose, including wood, sawdust, 

paper mill waste and peat. 

To the extent that an imported 

activated carbon product is a blend of 

steam and chemically activated carbons, 

products containing 50 percent or more 

steam (or CO2 gas) activated carbons are 

within this scope, and those containing 

more than 50 percent chemically 

activated carbons are outside this scope. 

This exclusion language regarding 

blended material applies only to 

mixtures of steam and chemically 

activated carbons. 

Also excluded from the scope are 

reactivated carbons. Reactivated carbons 

are previously used activated carbons 

that have had adsorbed materials 

removed from their pore structure after 

use through the application of heat, 

steam and/or chemicals. 

Also excluded from the scope is 

activated carbon cloth. Activated carbon 

cloth is a woven textile fabric made of 

or containing activated carbon fibers. It 

is used in masks and filters and clothing 

of various types where a woven format 

is required. 

Any activated carbon meeting the 

physical description of subject 

merchandise provided above that is not 

expressly excluded from the scope is 

included within this scope. The 

products subject to the order are 

currently classifiable under the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) subheading 

3802.10.00. Although the HTSUS 

subheading is provided for convenience 

and customs purposes, the written 

description of the scope of this order is 

dispositive. 

Rescission of Changed Circumstances 

Review 

Based on information provided by 

Hebei Foreign in its original submission, 

the Department initiated a changed 

circumstance review. In its CCR request, 

Hebei Foreign stated that the complete 

transfer from Hebei Foreign to Hebei 

Shenglun was accomplished in 

November 2008. The Department 

determined that this constituted 

sufficient evidence to initiate this CCR 

to determine whether Hebei Shenglun is 

Hebei Foreign’s successor–in-interest.8

However, in its supplemental 

questionnaire response, Hebei Foreign 

clearly stated that it is still in operation, 

had recently shipped subject 

merchandise to the United States, and 

would continue to do so as Hebei 

Foreign.9 Additionally, the Department 

notes that that Hebei Foreign’s 

submissions and questionnaire response 

were certified by Wang Kezheng as the 

manager of the No. 1 Business 

Department of Hebei Foreign.10

However, Hebei Foreign’s supplemental 

response clearly states that Wang 

Kezheng is not employed by Hebei 

Foreign. The Department is mindful of 

the concerns raised by Petitioners with 

regard to Hebei Foreign’s certifications. 

Accordingly, the Department reminds 

parties of their obligation pursuant to 19 

CFR 351.303(g) to certify factual 

information submitted to the 

Department. 

Accordingly, because there has been 

no change in Hebei Foreign’s operations 

from the period of investigation, and 

because this CCR was initiated based on 

information that was later determined to 

be false, and the certifications submitted 

by Hebei Foreign are questionable, we 

find that a rescission of this review is 

appropriate. Therefore, we are now 

rescinding this change circumstances 

review. 

This notice is issued and published in 

accordance with sections 751(b)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 C.F.R. 351.216. 

Dated: September 18, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–23116 Filed 9–23–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before October 

26, 2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 


srobinson on DSKHWCL6B1PROD with NOTICES