[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33988-33991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13708]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, and 
Preliminary Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Datong 
Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), exporters of 
certain activated carbon from the People's Republic of China (China), 
sold subject merchandise in the United States at prices below normal 
value (NV) during the period of review (POR) April 1, 2019, through 
March 31, 2020. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable June 28, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Joshua Simonidis, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-0608, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Commerce published the notice of initiation of this administrative 
review on June 8, 2020.\1\ On July 21, 2020, Commerce tolled all 
preliminary and final deadlines in administrative reviews by 60 
days.\2\ On January 15, 2021, Commerce extended the preliminary results 
deadline until April 30, 2021.\3\ On March 24, 2021, Commerce further 
extended the preliminary results deadline until June 18, 2021.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 35068 (June 8, 2020).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the Thirteenth Antidumping Duty Administrative Review,'' dated 
January 15, 2021.
    \4\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the Thirteenth Antidumping Duty Administrative Review,'' dated March 
24, 2021. However, on June 17, 2021, the President signed into law 
the Juneteenth National Independence Day Act, making June 19 a 
Federal holiday. See Juneteenth National Independence Day Act, S. 
475, Public Law 117-17 (2021). Because the Federal holiday fell on a 
Saturday, it was observed on Friday, June 18, 2021. Where a deadline 
falls on a weekend or Federal holiday, the appropriate deadline is 
the next business day. See Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005). Accordingly, the deadline for these 
preliminary results is on June 21, 2021.
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Scope of the Order <SUP>5</SUP>
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    \5\ 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 merchandise subject to the Order is certain activated carbon. 
The products 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 remains 
dispositive.\6\
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    \6\ For a complete description of the scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Activated Carbon 
from the People's Republic of China; 2019-2020,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, and the no shipment certifications submitted by Beijing 
Pacific Activated Carbon Products Co., Ltd., Jilin Bright Future 
Chemicals Co., Ltd., Shanxi Dapu International Trade Co., Ltd., Shanxi 
Industry Technology Trading Co., Ltd., Shanxi Tianxi Purification 
Filter Co., Ltd., and Tianjin Channel Filters Co., Ltd., Commerce 
preliminarily determines that these companies had no shipments of 
subject merchandise during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
    Consistent with our practice in non-market economy (NME) cases, we 
are not rescinding this review but instead intend to complete the 
review with respect to these six companies for which we have 
preliminarily found no shipments and issue appropriate instructions to 
CBP based on the final results of the review.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Practice).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices and constructed 
export prices in accordance with section 772 of the Act. Because China 
is an NME country within the meaning of section 771(18) of the Act, NV 
has been calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/.

[[Page 33989]]

Preliminary Results of the Review

    Commerce preliminarily finds that 61 companies for which a review 
was requested \8\ did not establish eligibility for a separate rate 
because they failed to provide either a separate rate application or 
separate rate certification. As such, we preliminarily determine that 
these 61 companies are part of the China-wide entity.\9\
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    \8\ See Appendix II of this notice for a full list of the 61 
companies.
    \9\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity 
as an exporter conditionally subject to administrative reviews, we 
did not conduct a review of the China-wide entity. Thus, the rate 
for the China-wide entity is not subject to change as a result of 
this review. 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, 65969-70 (November 
4, 2013). The China-wide entity rate of 2.42 U.S. dollars per 
kilogram was last reviewed in Certain Activated Carbon from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 70163 (November 25, 2014).
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    For those companies that have established their eligibility for a 
separate rate,\10\ Commerce preliminarily determines that the following 
weighted-average dumping margins exist for the POR:
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    \10\ See Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                       Weighted-average
                                                        dumping margin
                      Exporter                        (U.S. dollars per
                                                        kilogram) \11\
------------------------------------------------------------------------
Carbon Activated Tianjin Co., Ltd..................                 1.13
Datong Juqiang Activated Carbon Co., Ltd...........                 0.45
Datong Municipal Yunguang Activated Carbon Co., Ltd                 0.58
Jacobi Carbons AB \12\.............................                 0.58
Ningxia Guanghua Cherishmet Activated Carbon Co.,                   0.58
 Ltd...............................................
Ningxia Huahui Activated Carbon Co., Ltd...........                 0.58
Ningxia Mineral & Chemical Limited.................                 0.58
Shanxi Sincere Industrial Co., Ltd.................                 0.58
Tancarb Activated Carbon Co., Ltd..................                 0.58
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    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, we have assigned to them the weighted-average margin calculated 
based on the publicly available ranged U.S. sales quantities of the 
mandatory respondents consistent with section 735(c)(5)(A) of the 
Act.\13\
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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 rates 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\ In the third administrative review of the Order, Commerce 
found that Jacobi Carbons AB, Tianjin Jacobi International Trading 
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co., Ltd. should be 
treated as a single entity, and because there were no facts 
presented on the record of this review which would call into 
question our prior finding, we continue to treat these companies as 
part of a single entity for this administrative review, pursuant to 
sections 771(33)(E), (F), and (G) of the Act and 19 CFR 351.401(f). 
See Certain Activated Carbon from the People's Republic of China: 
Final Results and Partial Rescission of Third Antidumping Duty 
Administrative Review, 76 FR 67142, 67145, n. 25 (October 31, 2011).
    \13\ See Memorandum, ``Certain Activated Carbon from the 
People's Republic of China: Calculation of the Margin for 
Respondents Not Selected for Individual Examination,'' dated 
concurrently with this notice; see also Preliminary Decision 
Memorandum.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties no later than five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c)(ii), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review. Parties who submit case briefs 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the case briefs are filed.\14\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\15\
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    \14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
are in effect)'').
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\16\ If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\17\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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    All submissions to Commerce must be filed electronically using 
ACCESS \18\ and must also be served on interested parties.\19\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the 
document is due.
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    \18\ See 19 CFR 351.303.
    \19\ See 19 CFR 351.303(f).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\20\ Commerce intends to issue assessment instructions 
to CBP 35 days

[[Page 33990]]

after the publication date of the final results of this review. For any 
individually examined respondent whose (estimated) ad valorem weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50 
percent) in the final results of this review, Commerce will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total quantity of those sales, in accordance with 19 CFR 
351.212(b)(1).\21\ Commerce will also calculate (estimated) ad valorem 
importer-specific assessment rates with which to assess whether the 
per-unit assessment rate is de minimis.\22\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific ad valorem assessment rate calculated 
in the final results of this review is not zero or de minimis. Where 
either the respondent's ad valorem weighted-average dumping margin is 
zero or de minimis, or an importer-specific ad valorem assessment rate 
is zero or de minimis,\23\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \22\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Memoranda, ``Preliminary Results Margin 
Calculation for Datong Juqiang Activated Carbon Co., Ltd.,'' and 
``Antidumping Duty Administrative Review of Certain Activated Carbon 
the People's Republic of China: Preliminary Results Calculation 
Memorandum for Carbon Activated,'' both dated concurrently with this 
notice, and attached Margin Calculation Program Logs and Outputs.
    \23\ See 19 CFR 351.106(c)(2).
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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 assessment rate will be the margin established for these 
companies in the final results of this review.
    For the final results, if we continue to treat the 61 companies, 
identified at Appendix II to this notice, as part of the China-wide 
entity, we will instruct CBP to apply a per-unit assessment rate of 
$2.42 per kilogram to all entries of subject merchandise during the POR 
which were exported by those companies.\24\
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    \24\ See, e.g., Certain Activated Carbon from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 70163, 70165 (November 25, 2014).
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    For entries that were not reported in the U.S. sales data submitted 
by companies individually examined during this review, Commerce will 
instruct CBP to liquidate such entries at the rate for the China-wide 
entity.\25\ Additionally, if Commerce determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's cash deposit rate) will be liquidated at the rate for the 
China-wide entity.\26\
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    \25\ See NME Practice, for a full discussion.
    \26\ Id.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, as applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 each specific 
company listed in the final results of this review, the cash deposit 
rate will be equal to the weighted-average dumping margin established 
in the final results of this review (except that if the ad valorem rate 
is de minimis, then the cash deposit rate will be zero); (2) for 
previously investigated or reviewed Chinese and non-Chinese exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be the existing exporter-specific cash deposit rate; (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; and (4) for all non-Chinese 
exporters of subject merchandise which 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 cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 POR. 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.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

Companies Preliminarily Not Eligible for a Separate Rate and Treated as 
Part of the China-Wide Entity

1. AM Global Shipping Lines Co., Ltd.
2. Apex Maritime (Tianjin) Co., Ltd.
3. Ardic Worldwide Logistics Ltd.
4. Beijing Kang Jie Kong International Cargo Agent Co Ltd
5. Bengbu Modern Environmental Co., Ltd.
6. Brilliant Logistics Group Inc.
7. China Combi Works Oy Ltd.
8. China International Freight Co., Ltd.
9. Cohesion Freight (HK) Ltd.
10. Datong Municipal Yunguang
11. De Well Container Shipping Corp.
12. Derun Charcoal Carbon Co., Ltd.
13. Endurance Cargo Management Co., Ltd.
14. Envitek (China) Ltd.
15. Excel Shipping Co., Ltd.
16. Fujian Xinsen Carbon Co., Ltd.
17. Fuzhou Yihuan Carbon Co., Ltd.
18. Fuzhou Yuemengfeng Trade Co., Ltd.
19. Gongyi City Bei Shan Kou Water Purification Materials Factory
20. Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd.
21. Guangzhou Four E'S Scientific Co., Ltd.
22. Hangzhou Hengxing Activated Carbon
23. Henan Dailygreen Trading Co., Ltd.
24. Honour Lane Shipping Ltd.
25. Ingevity Corp.
26. Ingevity Performance Materials
27. Jiangsu Kejing Carbon Fiber Co., Ltd.
28. Jiangxi Yuanli Huaiyushan Active Carbon
29. King Freight International Corp.
30. M Chemical Company, Inc.
31. Meadwestvaco Trading (Shanghai)
32. Muk Chi Trade Co., Ltd.
33. Nanping Yuanli Active Carbon Co.
34. Pacific Star Express (China) Company Ltd.
35. Panalpina World Transport (PRC) Ltd.
36. Pingdingshan Green Forest Activated

[[Page 33991]]

Carbon Factory
37. Pingdingshan Lvlin Activated Carbon Co., Ltd.
38. Pudong Prime International Logistics
39. Safround Logistics Co.
40. Seatrade International Transportation
41. Shanghai Caleb Industrial Co. Ltd.
42. Shanghai Express Global International
43. Shanghai Line Feng Int'l Transportation
44. Shanghai Pudong International Transportation
45. Shanghai Sunson Activated Carbon
46. Shanghai Xinjinhu Activated Carbon
47. Shanxi DMD Corp.
48. Shanxi Industry Technology Trading (ITT)
49. Shenzhen Calux Purification Technology Co., Ltd.
50. Shijiazhuang Tangju Trading Co.
51. Sinoacarbon International Trading Co., Ltd.
52. The Ultimate Solid Logistics Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tianjin Maijin Industries Co., Ltd.
55. Translink Shipping Inc.
56. Trans-Power International Logistics Co., Ltd.
57. Triple Eagle Container Line
58. U.S. United Logistics (Ningbo) Inc.
59. Yusen Logistics Co., Ltd.
60. Zhejiang Topc Chemical Industry
61. Zhengzhou Zhulin Activated Carbon

[FR Doc. 2021-13708 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P