[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83531-83532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26296]


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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 U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on certain activated 
carbon (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 this AD order.


DATES: Applicable November 24, 2023.

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 the 
AD order on activated carbon from China.\1\ On June 1, 2023, the ITC 
instituted,\2\ and Commerce initiated,\3\ the third sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and, therefore, notified the ITC of the magnitude 
of the margins likely to prevail should the order be revoked.\4\
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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 Certain Activated Carbon from China; Institution of a 
Five-Year Review, 88 FR 35926 (July 3, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 35832 
(June 1, 2023).
    \4\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Expedited Third Sunset Review of the 
Antidumping Duty Order, 88 FR 66810 (September 28, 2023).
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    On November 24, 2023, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Certain Activated Carbon from China, 88 FR 82397 
(November 24, 2023) (ITC Final Determination); see also Certain 
Activated Carbon from China, Inv. No. 731-TA-1143 (Third Review), 
USITC Publication 5035 (November 2023).
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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

[[Page 83532]]

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 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 the Order is dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the 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, Commerce hereby 
orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD 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 
November 24, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), Commerce intends to initiate the next five-year 
review of the Order not later than 30 days prior to the fifth 
anniversary of the date of the last determination by the ITC.
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    \6\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an 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 which 
is subject to sanction.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26296 Filed 11-29-23; 8:45 am]
BILLING CODE 3510-DS-P