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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104978-104979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30691]

[[Page 104978]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]

Certain Activated Carbon From the People's Republic of China: 
Amended 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) is amending the 
final results of the administrative review of the antidumping duty (AD) 
order on certain activated carbon (activated carbon) from the People's 
Republic of China (China) to correct ministerial errors. Based on the 
amended final results, we find that the companies under review sold 
activated carbon in the United States at less than normal value during 
the period of review (POR), April 1, 2022, through March 31, 2023.

DATES: Applicable December 26, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart or Katherine 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 November 25, 2024, Commerce published in the Federal Register 
the final results of the 2022-2023 administrative review of the AD 
order on activated carbon from China.\1\ On November 20, 2024, we 
received a timely submitted ministerial error allegation from the 
mandatory respondents, Jilin Bright Future Chemicals Co., Ltd. (Jilin 
Bright) and Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
(GHC).\2\ On November 25, 2024, Calgon Carbon Corporation and Norit 
Americas Inc. (the petitioners), submitted comments in response to the 
ministerial error allegations filed on behalf of GHC and Jilin 
Bright.\3\ We received no other ministerial error comments from 
interested parties. Commerce is amending the Final Results to correct 
the ministerial errors.
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    \1\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2022-2023, 89 FR 92893 (November 25, 2024) (Final Results), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Jilin Bright's Letter, ``Ministerial Error 
Allegations,'' dated November 20, 2024 (Jilin Bright's Ministerial 
Error Allegation); see also GHC's Letter, ``Ningxia Guanghua 
Cherishment Ministerial Error Allegations,'' dated November 20, 2024 
(GHC's Ministerial Error Allegation).
    \3\ See Petitioners' Letter, ``Petitioners' Response to GHC's 
Ministerial Error Allegation,'' dated November 25, 2024; see also 
Petitioners' Letter, ``Petitioners' Response to Jilin Bright's 
Ministerial Error Allegation,'' dated November 25, 2024.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' \4\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any . . . ministerial 
error by amending the final results of review . . .''
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    \4\ See 19 CFR 351.224(f).
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Ministerial Error

    Commerce reviewed the record, and we agree that the errors alleged 
by the mandatory respondents constitute ministerial errors within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f).\5\ 
Specifically, we find that we made inadvertent errors related to the 
inclusion of two selling, general, and administrative (SG&A) expenses 
in the average financial ratios utilized in the review.\6\ We also 
agree with GHC's allegation related to the incorrect surrogate value 
being applied to a factor of production.\7\ Pursuant to 19 CFR 
351.224(e), Commerce is amending the Final Results to reflect the 
correction of the ministerial errors, as described in the Ministerial 
Error Memorandum.\8\ Based on the corrections, Jilin Bright's final 
dumping margin changed from 1.95 dollars per kilogram to 1.90 dollars 
per kilogram and GHC's final dumping margin changed from 1.21 dollars 
per kilogram to 1.10 dollars per kilogram. As a result, we are also 
revising the rate assigned to the non-individually examined separate 
rate companies, utilizing the same methodology in the Final Results,\9\ 
from 1.44 dollars per kilogram to 1.35 dollars per kilogram. The 
amended estimated weighted-average dumping margins are listed in the 
``Amended Final Determination'' section below.
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    \5\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with this Federal Register notice 
(Ministerial Error Memorandum).
    \6\ See Jilin Bright's Ministerial Error Allegation at 2-3; see 
also GHC's Ministerial Error Allegation at 3-4.
    \7\ See GHC's Ministerial Error Allegation at 2-3.
    \8\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with, and hereby adopted by, this 
notice (Ministerial Error Memorandum); see also Memorandum, 
``Amended Final Analysis Memorandum for Ningxia Guanghua Cherishmet 
Activated Carbon Co., Ltd.;'' Memorandum, ``Amended Final Analysis 
Memorandum for Jilin Bright Future Chemicals Co., Ltd.;'' and 
Memorandum, ``Calculation of the Amended Final Margin for 
Respondents Not Selected for Individual Examination,'' all dated 
concurrently with this notice.
    \9\ 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).
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    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\10\ The Ministerial Error Memorandum is on file 
electronically via ACCESS. ACCESS is available to registered users at 
https://access.trade.gov.
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    \10\ Id.
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Amended Final Results of Review

    As a result of correcting these ministerial errors described above, 
Commerce determines that the following estimated weighted-average 
dumping margins exist for the period April 1, 2022, through March 31, 
2023:

------------------------------------------------------------------------
                                                     Weighted-average
                                                   dumping margin (U.S.
                    Exporter                      dollars per kilogram)
                                                           \11\
------------------------------------------------------------------------
Jilin Bright Future Chemicals Co., Ltd.........                     1.90
Ningxia Guanghua Cherishmet Activated Carbon                        1.10
 Co., Ltd......................................
Separate Rate Applicable For Non-Selected                           1.35
 Companies Under Review \12\...................
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Disclosure
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    \11\ 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).
    \12\ See the appendix for the list of non-individually examined 
companies receiving a separate rate.
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    Commerce intends to disclose the calculations performed in 
connection with these amended final results of review to interested 
parties within five days after public announcement of the

[[Page 104979]]

amended final results or, if there is no public announcement, within 
five days of the date of publication of the notice of amended 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 amended 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.\13\ 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 amended final results of 
review.
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    \13\ 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 six companies identified in the appendix 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 all 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) the amended cash 
deposit rate for GHC and Jilin Bright and the other companies not 
individually examined in this review will be equal to the weighted-
average dumping margin that is established in the amended final results 
of this review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above or in Appendix I 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 occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: December 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Separate 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. 2024-30691 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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