[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Notices]
[Pages 32269-32270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on certain activated carbon 
from the People's Republic of China (China) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the antidumping duty order.

DATES: Applicable July 12, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-9068.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2007, Commerce published in the Federal Register 
notice of the antidumping duty order on certain activated carbon from 
China.\1\ On February 1, 2018, Commerce published the notice of 
initiation of the second five-year (sunset) review of the antidumping 
duty order on certain

[[Page 32270]]

activated carbon from China, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\
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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).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 4681 
(February 1, 2018).
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    Commerce conducted this sunset review on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and 
adequate response from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of its 
review, Commerce determined in accordance with section 751(c) of the 
Act that revocation of the antidumping duty order would likely lead to 
a continuation or recurrence of dumping.\3\ Commerce, therefore, 
notified the ITC of the magnitude of the margins likely to prevail 
should the antidumping duty order be revoked. On July 6, 2018, the ITC 
published notice of its determination, pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty order on certain 
activated carbon from China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
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    \3\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order, 83 FR 26949 (June 11, 2018) (Final Results) 
and accompanying Issues and Decision Memorandum.
    \4\ See Certain Activated Carbon from China: Investigation No. 
731-TA-1103 (Second Review), USITC Publication 4776 (June 2018); see 
also Certain Activated Carbon from China: Determination, 83 FR 31568 
(July 6, 2018).
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Scope of the Order

    The merchandise subject to the 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 (CO<INF>2</INF>) in place 
of steam in this process. The vast majority of the internal porosity 
developed during the high temperature steam (or CO<INF>2</INF> 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 the order covers all forms of activated carbon that 
are activated by steam or CO<INF>2</INF>, 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 the 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 CO<INF>2</INF> gas) activated carbons are 
within the scope, and those containing more than 50 percent chemically 
activated carbons are outside the 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 the scope. The products subject to the order 
are currently classifiable under the HTSUS subheading 3802.10.00. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the 
antidumping duty order on certain activated carbon from China. U.S. 
Customs and Border Protection will continue to collect antidumping duty 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of the continuation of the order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next sunset review of the order not later than 
30 days prior to the fifth anniversary of the effective date of 
continuation.
    This sunset review and this notice are in accordance with section 
751(c) and 751(d)(2) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-15014 Filed 7-11-18; 8:45 am]
 BILLING CODE 3510-DS-P