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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92893-92895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27580]

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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
mandatory respondents under review sold certain activated carbon 
(activated carbon) to the United States from the People's Republic of 
China (China) at prices below normal value during the period of review 
(POR), April 1, 2022, through March 31, 2023.

DATES: Applicable November 25, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart or Kathrine Smith, 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) 482-0557, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2024, Commerce published in the Preliminary Results and 
invited parties to comment.\1\ The review covers two mandatory 
respondents Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), and 
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (GHC). We 
received case and rebuttal briefs from GHC, Jilin Bright, and Calgon 
Carbon Corporation and Norit Americas Inc. (collectively, the 
petitioners).\2\
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    \1\ See Certain Activated Carbon from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2022-2023, 89 FR 35797 (May 2, 2024) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Petitioners' Letter, ``Case Brief of Petitioners 
Concerning Jilin Bright,'' dated June 12, 2024; see also 
Petitioners' Letter, ``Case Brief of Petitioners Concerning GHC,'' 
dated June 12, 2024; GHC's Letter, ``Case Brief of Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd.,'' dated June 12, 2024; Jilin 
Bright's Letter, ``Case Brief of Jilin Bright,'' dated June 12, 
2024; Petitioner's Letter, ``Petitioners' Rebuttal Brief,'' dated 
July 2, 2024; GHC's Letter, ``Rebuttal Brief of Ningxia Guanghua 
Cherishmet Activated Carbon Co., Ltd.,'' dated July 2, 2024; and 
Jilin Bright's Letter, ``Rebuttal Case Brief of Jilin Bright,'' 
dated July 2, 2024.
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    On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\3\ On August

[[Page 92894]]

21, 2024, Commerce extended the deadline for the final results until 
November 5, 2024.\4\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
2022-2023 Antidumping Duty Administrative Review,'' dated August 21, 
2024.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2022-2023 Administrative Review of the 
Antidumping Duty Order on Certain Activated Carbon from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order 6
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    \6\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (Order).
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    The product subject to the Order is activated carbon from China. A 
full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in briefs filed by parties in this administrative 
review are addressed in the Issues and Decision Memorandum and are 
listed in Appendix I to this notice. The Issues and Decision Memorandum 
is a public document and 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://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Separate Rate

    Commerce determines that GHC and Jilin Bright, the two companies 
individually examined in this review, and 12 companies not individually 
examined are eligible to receive separate rates in this review.\7\
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    \7\ See Preliminary Results at ``Separate Rates'' section.
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China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\8\ 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, and Commerce did not self-initiate a review 
of the entity, the entity is not under review, and the entity's rate 
(i.e., 2.42 U.S. dollars per kilogram (USD/kg)) is not subject to 
change.\9\ Commerce continues to consider certain companies for which a 
review was requested and which did not demonstrate separate rate 
eligibility, listed in Appendix II to this notice, to be part of the 
China-wide entity.\10\
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    \8\ 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).
    \9\ See Order.
    \10\ See appendix II for the list of companies that are subject 
to this administrative review that are considered to be part of the 
China-wide entity; see also Preliminary Results PDM at 13.
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Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties on the Preliminary Results, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes to the margin calculations for both GHC and Jilin Bright.\11\
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    \11\ See Issues and Decision Memorandum at Comments 1, 4, and 7.
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Final Results of Review

    For the companies subject to this review that established their 
eligibility for a separate rate, Commerce determines that the following 
estimated weighted-average dumping margins exist for the period April 
1, 2022, through March 31, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                           margin  (USD/
                                                             kg) \12\
------------------------------------------------------------------------
Jilin Bright Future Chemicals Co., Ltd..................            1.95
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd...            1.21
Review-Specific Rate Applicable for Non-Selected                    1.44
 Companies Under Review \13\............................
------------------------------------------------------------------------

Disclosure
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    \12\ 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).
    \13\ See appendix II.
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    Commerce intends to disclose the calculations performed in 
connection with these final results of review 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 the notice 
of final results in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    For the GHC and Jilin Bright, Commerce will calculate importer-
specific assessment rates for antidumping duties, in accordance with 19 
CFR 351.212(b)(1).
    For entries that were not reported in the U.S. sales database 
submitted by the exporter individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate.\14\
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    \14\ 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 these final results of review.
    For the six companies identified in appendix II 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 
made during the POR which were exported by those companies.
    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).

Cash Deposit Requirements

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for 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 the subject 
merchandise exported by the companies listed above or in appendix II 
that have a separate rate, the cash deposit rate will be equal to the 
weighted-average

[[Page 92895]]

dumping margin established in the final results of this administrative 
review; (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above or in appendix II 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 published 
for the most recently completed segment of this proceeding; (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 the rate for 
the China-wide entity (i.e., 2.42 USD/kg); and (4) for all non-Chinese 
exporters of subject merchandise that have not received their own 
separate 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.

Notification to Importers

    This notice 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 review period. 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.

Administrative Protective Order (APO)

    This notice also serves as a final 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 subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.221(b)(5) and 351.213(h)(2).

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the 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: Calculation Errors
    Comment 2: Surrogate Country (SC) Selection and Factors of 
Production (FOP)
    Comment 3: Surrogate Values (SVs)
    Comment 4: Financial Ratio
    Comment 5: Value-Added Tax (VAT)
    Comment 6: Russian SV Data
    Comment 7: Carbonized Screenings and By-Product FOP
    Comment 8: GHC's Separate Rate
    Comment 9: GHC's FOP Database
VI. Recommendation

Appendix II

Review-Specific Rate Applicable for Non-Selected Companies Under Review

1. Bengbu Modern Environmental Co., Ltd.
2. Carbon Activated Tianjin Co., Ltd.
3. Datong Hongdi Carbon Co., Ltd.
4. Datong Juqiang Activated Carbon Co., Ltd.
5. Datong Municipal Yunguang Activated Carbon Co., Ltd.
6. Jacobi Carbons AB; Jacobi Carbons Industry (Tianjin) Co., Ltd.; 
Tianjin Jacobi International Trading Co. Ltd.; Jacobi Adsorbent 
Materials
7. Ningxia Huahui Environmental Technology Co., Ltd.
8. Ningxia Mineral & Chemical Limited
9. Shanxi Industry Technology Trading Co., Ltd.
10. Shanxi Sincere Industrial Co., Ltd.
11. Tancarb Activated Carbon Co., Ltd.
12. Tianjin Channel Filters Co., Ltd.

Companies Considered To Be Part of the China-Wide Entity

1. Beijing Pacific Activated Carbon Products Co., Ltd.
2. Shanxi Dapu International Trade Co., Ltd.
3. Shanxi DMD Corp.
4. Shanxi Tianxi Purification Filter Co., Ltd.
5. Sinoacarbon International Trading Co., Ltd.
6. Tianjin Maijin Industries Co., Ltd.

[FR Doc. 2024-27580 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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