19934 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 

1See Letter from Garvey Schubert Barer, to the 

Department, regarding Certain Activated Carbon 

from the People’s Republic of China; Request for 

Changed Circumstances Review (Case No. A-570- 

904) (February 24, 2009) (‘‘Hebei Foreign’s CCR 

Request’’). 

2Hebei Foreign filed a request for changed 

circumstances on November 7, 2008. The 

Department rejected that request because it did not 

contain sufficient evidence to initiate a changed 

circumstances review. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–904 

Certain Activated Carbon From the 

People’s Republic of China: Notice of 

Initiation of Changed Circumstances 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has received 

information sufficient to warrant 

initiation of a changed circumstances 

review of the antidumping duty order 

on certain activated carbon from the 

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

Based upon a request filed by Hebei 

Foreign Trade and Advertising 

Corporation (‘‘Hebei Foreign’’), the 

Department is initiating a changed 

circumstances review to determine 

whether Hebei Shenglun Advertising 

and Exhibit Corporation (‘‘Hebei 

Shenglun’’) is the successor–in-interest 

to Hebei Foreign, a separate–rate 

respondent in the original investigation 

and first administrative review. 

EFFECTIVE DATE: April 30, 2009. 

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 April 27, 2007, the Department 

published in the Federal Register an 

antidumping duty order on certain 

activated carbon from the PRC. See 

Notice of Antidumping Duty Order: 

Certain Activated Carbon from the 

People’s Republic of China, 72 FR 20988 

(April 27, 2007) (‘‘PRC Carbon Order’’). 

As part of the antidumping duty order 

on certain activated carbon from the 

PRC, Hebei Foreign received a separate 

rate of 67.14 percent. Id. at 20989. On 

February 24, 2009, Hebei Foreign filed 

a submission requesting that the 

Department conduct a changed 

circumstances review of the 

antidumping duty order on certain 

activated carbon from the PRC to 

confirm that Hebei Shenglun is the 

successor–in-interest to Hebei Foreign.1

In its submission, Hebei Foreign 

provided information on the events 

leading to the creation of Hebei 

Shenglun and the transfer of assets from 

Hebei Foreign to Hebei Shenglun. Hebei 

Foreign also provided documentation 

relating to the agreement between Hebei 

Foreign and Hebei Shenglun to transfer 

assets. In addition, Hebei Foreign 

provided narrative explanation and 

some limited documentation relating to 

the ownership structure and 

management, organizational structure, 

customer base, supplier relationships 

and locations of both Hebei Foreign and 

Hebei Shenglun. As part of its February 

24, 2009, submission, Hebei Foreign 

requested that the Department conduct 

an expedited review.2

Scope of the Order 

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. 

Initiation of Changed Circumstances 

Review 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (‘‘Act’’), 

the Department will conduct a changed 

circumstances review upon receipt of 

information concerning, or a request 

from an interested party for a review of, 

an antidumping duty order, which 

shows changed circumstances sufficient 

to warrant a review of the order. 

Additionally, section 751(b)(4) of the 

Act and 19 CFR 351.216(c) state that the 

Department shall not conduct a review 

Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 19935 

less than 24 months after the date of 

publication of the determination, in the 

absence of good cause. As noted above, 

Hebei Foreign filed its request for a 

changed circumstances review on 

February 24, 2009, over 36 months after 

the publication of the amended final 

determination and order. See PRC 

Carbon Order. 

In accordance with 19 CFR 

351.216(d), the Department has 

determined that the information 

submitted by Hebei Foreign constitutes 

sufficient evidence to conduct a change 

circumstances review. In a changed 

circumstances review involving a 

successor–in-interest determination, the 

Department typically examines several 

factors including, but not limited to, 

changes in: (1) management; (2) 

production facilities; (3) supplier 

relationships; and (4) customer base. 

See Certain Cut–to-Length Carbon Steel 

Plate from Romania: Initiation and 

Preliminary Results of Changed 

Circumstances Antidumping Duty 

Administrative Review, 70 FR 22847 

(May 3, 2005). While no single factor or 

combination of factors will necessarily 

be dispositive, the Department generally 

will consider the new company to be 

the successor to the predecessor if the 

resulting operations are essentially the 

same as those of the predecessor 

company. See, e.g., Notice of Initiation 

of Antidumping Duty Changed 

Circumstances Review: Certain Forged 

Stainless Steel Flanges from India, 71 

FR 327 (January 4, 2006). Thus, if the 

record demonstrates that, with respect 

to the production and sale of the subject 

merchandise, the new company 

operates as the same business entity as 

the predecessor company, the 

Department may assign the new 

company the cash deposit rate of its 

predecessor. See, e.g., Fresh and Chilled 

Atlantic Salmon From Norway: Final 

Results of Changed Circumstances 

Antidumping Duty Administrative 

Review, 64 FR 9979, 9980 (March 1, 

1999). 

Based on the information provided in 

its submission, Hebei Foreign has 

provided sufficient evidence to warrant 

a review to determine if Hebei Shenglun 

is the successor–in-interest to Hebei 

Foreign. Therefore, pursuant to section 

751(b)(1) of the Act and 19 CFR 

351.216(d), we are initiating a changed 

circumstances review. Although Hebei 

Foreign submitted documentation 

related to the transfer of assets to Hebei 

Shenglun and some limited information 

and documentation regarding the four 

factors that the Department considers in 

its successor–in-interest analysis, it did 

not provide complete supporting 

documentation or conclusive evidence 

for the four elements listed above. 

Accordingly, the Department has 

determined that it would be 

inappropriate to expedite this action by 

combining the preliminary results of 

review with this notice of initiation. See 

19 CFR 351.221(c)(3)(ii). Thus, the 

Department is not issuing the 

preliminary results of its antidumping 

duty changed circumstances review at 

this time. See, e.g., Notice of Initiation 

of Antidumping Duty Changed 

Circumstances Review: Certain Pasta 

From Turkey, 74 FR 681 (January 7, 

2009). 

The Department will issue 

questionnaires requesting additional 

information for the review and will 

publish in the Federal Register a notice 

of the preliminary results of the 

antidumping duty changed 

circumstances review, in accordance 

with 19 CFR 351.221(b)(2) and (4), and 

19 CFR 351.221(c)(3)(i). That notice will 

set forth the factual and legal 

conclusions upon which our 

preliminary results are based and a 

description of any action proposed. 

Pursuant to 19 CFR 351.221(b)(4)(ii), 

interested parties will have an 

opportunity to comment on the 

preliminary results of review. In 

accordance with 19 CFR 351.216(e), the 

Department will issue the final results 

of its antidumping duty changed 

circumstances review not later than 270 

days after the date on which the review 

is initiated. 

During the course of this antidumping 

duty changed circumstances review, we 

will not change the cash deposit 

requirements for the merchandise 

subject to review. The cash deposit will 

only be altered, if warranted, pursuant 

to the final results of this review. 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216. 

Dated: April 21, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–9998 Filed 4–29–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

(Docket 17–2009) 

Foreign-Trade Zone 75—Phoenix, 

Arizona, Application for Expansion 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the City of Phoenix, Arizona, 

grantee of FTZ 75, requesting authority 

to expand the zone project within the 

Phoenix Customs and Border Protection 

port of entry. The application was 

submitted pursuant to the provisions of 

the Foreign–Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally filed on April 23, 

2009. 

FTZ 75 was approved on March 25, 

1982 (Board Order 185, 47 FR 14931, 4/ 

7/82) and expanded on July 2, 1993 

(Board Order 647, 58 FR 37907, 7/14/93) 

and on February 27, 2008 (Board Order 

1545, 73 FR 13531, 3/13/08). The zone 

project consists of four sites (448 acres 

total) in Phoenix: Site 1 (338 acres) -- 

within the 550–acre Phoenix Sky Harbor 

Center and Sky Harbor International 

Airport’s air cargo terminal located at 

Papago Freeway (Interstate 10) and 

Buckeye Road; Site 2 (18 acres) -- within 

the central southwestern portion of the 

CC&F South Valley Industrial Center 

located near the intersection of 7th

Street and Victory Street; Site 3 (74 

acres) -- Riverside Industrial Center 

located at 4747 West Buckeye Road; 

and, Site 4 (18 acres) -- Santa Fe 

Business Park located between 47th

Avenue and 45th Avenue. 

The applicant is now requesting 

authority to expand the general–purpose 

zone to include the jet fuel storage and 

distribution system at and adjacent to 

the Phoenix Sky Harbor International 

Airport in Phoenix, Arizona (Proposed 

Site 5). The system (32.5 acres total) 

includes the off–airport terminal (7 

tanks, 7.5 acres), airport terminal (5 

tanks, 3.5 acres), subsurface pipeline 

(14.5 acres) and airport hydrant fueling 

system (7 acres). These facilities consist 

primarily of storage tanks, pipelines, 

pumps, valves, filters, meters and 

related equipment. The system is 

operated by Airport Fueling Facilities 

Corporation which is a consortium of 

airlines that service the airport. No 

specific manufacturing authority is 

being requested at this time. Such 

requests would be made to the Board on 

a case–by-case basis. 

In accordance with the Board’s 

regulations, Camille Evans of the FTZ 

staff is designated examiner to 

investigate the application and report to 

the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is [June 29, 2009]. Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15–day period to [July 14, 2009].