[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70163-70166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27926]


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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; 2012-2013

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

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Results of the sixth antidumping duty administrative review 
on certain activated carbon from the People's Republic of China 
(``PRC'') on May 22, 2014,\1\ in which we gave interested parties an 
opportunity to comment on the Preliminary Results. Based upon our 
analysis of the comments received, we made changes to the margin 
calculations for these final results of the antidumping duty 
administrative review. The final weighted-average dumping margins are 
listed below in the ``Final Results of the Review'' section of this 
notice. The period of review (``POR'') is April 1, 2012, through March 
31, 2013.
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    \1\ See Certain Activated Carbon From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 29419 (May 22, 2014), and accompanying 
Preliminary Decision Memorandum (``Preliminary Results'').

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DATES: Effective Date: November 25, 2014.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-9068.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on May 22, 
2014.\2\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results.\3\ On June 19, 2014, the 
Department fully extended the time limit for completion of the final 
results of this administrative review.\4\ The Department extended the 
deadlines for submission of case and rebuttal briefs twice based on 
requests from interested parties.\5\ On July 3, 2014, Albemarle,\6\ 
Calgon,\7\ Carbon Activated,\8\ Cherishmet,\9\ Huahui \10\ and Jacobi 
\11\ submitted case briefs.\12\ On July 18, 2014, Petitioners \13\ and 
Albemarle submitted rebuttal briefs.\14\ On July 29, 2014, pursuant to 
19 CFR 351.302(d), we rejected Jacobi's case brief because it contained 
untimely new factual information, and instructed Jacobi to resubmit a 
redacted case brief, which it submitted on July 30, 2014. On September 
24, 2014, the Department held a public hearing limited to issues raised 
in case and rebuttal briefs.
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    \2\ See id.
    \3\ See id. at 29420.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Duty Operations, through 
James Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations, from Bob Palmer, International Trade Compliance Analyst, 
Office V, Antidumping and Countervailing Duty Operations: Certain 
Activated Carbon from the People's Republic of China (``PRC''): 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review, dated June 19, 2014.
    \5\ See Memorandum to the File, from Frances Veith, Senior 
International Trade Compliance Analyst, Enforcement and Compliance, 
dated June 11, 2014; see also Memorandum to the File, from Frances 
Veith, Senior International Trade Compliance Analyst, Enforcement 
and Compliance, dated June 13, 2014 and Memorandum to the File, from 
Bob Palmer, Senior International Trade Compliance Analyst, 
Enforcement and Compliance, dated July 9, 2014.
    \6\ Albemarle Corporation (``Albemarle'').
    \7\ Calgon Carbon Corporation and Calgon Carbon (Tianjin) Co., 
Ltd. (collectively, ``Calgon'').
    \8\ Carbon Activated Corporation (``Carbon Activated'').
    \9\ Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. 
(``Cherishmet'').
    \10\ Ningxia Huahui Activated Carbon Co., Ltd. (``Huahui'').
    \11\ Jacobi Carbons AB (``Jacobi'').
    \12\ On July 3, 2014, M.L. Ball Co., Inc, Nichem Co., and Datong 
Juqiang Activated Carbon Company, Ltd. submitted a letter supporting 
arguments made by the Chinese respondents. See Letter from ML Ball, 
Nichem, and Datong, dated July 3, 2014.
    \13\ Calgon Carbon Corporation and Cabot Norit Americas, Inc. 
(collectively, ``Petitioners'').
    \14\ See Petitioners' Rebuttal Brief, dated July 18, 2014; see 
also Albemarle's Rebuttal Brief, dated July 18, 2014.
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Scope of the Order

    The merchandise subject to the Order is certain activated 
carbon.\15\ The products are currently classifiable under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheading 
3802.1000. Although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the order 
remains dispositive.\16\
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    \15\ See Certain Activated Carbon from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Fifth Antidumping Duty Administrative Review,'' (``Issues & Decision 
Memo'') dated concurrently with and hereby adopted by this notice, 
for a complete description of the Scope of the Order.
    \16\ 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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[[Page 70164]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues & Decision Memo. A list of the issues which 
parties raised is attached to this notice as an Appendix. The Issues & 
Decision Memo is a public document and is on file in the Central 
Records Unit (``CRU''), Room 7046 of the main Department of Commerce 
building, as well as electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and it is available to all parties in the 
CRU. In addition, a complete version of the Issues & Decision Memo can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues & Decision Memo and the electronic 
version of the Issues & Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
certain revisions to the margin calculations for Jacobi, Cherishmet, 
and the non-examined, separate rate respondents.\17\ Further, the 
Surrogate Values Memo \18\ contains descriptions of our changes to the 
surrogate values.
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    \17\ See Issues & Decision Memo and the company-specific 
analysis memoranda for further explanation regarding these changes.
    \18\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office V, from Bob Palmer, Case Analyst, Office V, 
Certain Activated Carbon From the People's Republic of China 
(``PRC''): Surrogate Values for the Final Results,'' dated 
concurrently with this notice (``Surrogate Values Memo'').
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Sinocarbon International Trading Co., Ltd. (``Sinocarbon'') did 
not have any reviewable transactions during the POR. We have not 
received any information to contradict this determination. Therefore, 
the Department made the final determination that Sinocarbon did not 
have any reviewable entries of subject merchandise during the POR, and 
will issue appropriate instructions that are consistent with our 
``automatic assessment'' clarification, for these final results.

Separate Rate Respondents

    In our Preliminary Results, we determined that the following 
companies met the criteria for separate rate status: Jacobi; 
Cherishmet; Huahui; Calgon Carbon (Tianjin) Co., Ltd.; Datong Juqiang 
Activated Carbon Co., Ltd.; Datong Municipal Yunguang Activated Carbon 
Co., Ltd.; Jilin Bright Future Chemicals Company, Ltd.; Ningxia Mineral 
and Chemical Limited; Shanxi Sincere Industrial Co., Ltd.; Tianjin 
Channel Filters Co., Ltd.\19\ We have received no comments or argument 
since the issuance of the Preliminary Results that provides a basis for 
reconsideration of these determinations. Therefore, the Department 
continues to find that the companies listed above meet the criteria for 
a separate rate.
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    \19\ See Preliminary Results, 79 FR at 29420; Preliminary 
Decision Memorandum at 9-11.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\20\ and consistent with the 
Department's practice,\21\ we assigned the non-examined, separate rate 
companies a rate calculated using the ranged total U.S. sales 
quantities from the public version of the submissions from the 
individually-examined respondents with weighted-average dumping margins 
that are not zero or de minimis (i.e., less than 0.5 percent) \22\ from 
the public versions of their submissions.\23\ No parties have commented 
on the methodology for calculating this separate rate. For the final 
results, we continue to find this approach to be consistent with the 
intent of section 735(c)(5)(A) of the Act and our use of section 
735(c)(5)(A) of the Act as guidance when we establish the rate for 
separate rate respondents not examined individually in an 
administrative review.\24\
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    \20\ See Preliminary Decision Memorandum at 11-12.
    \21\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 76 FR 56158, 56160 
(September 12, 2011) (``Vietnam Shrimp'').
    \22\ See Jacobi's public version of its supplemental Section A 
questionnaire response, dated August 21, 2013, at Exhibit A-1; see 
also Cherishmet's public version of its supplemental Section A 
questionnaire response, dated August 30, 2013, at Exhibit SA-1.
    \23\ See id.
    \24\ See Vietnam Shrimp, 76 FR at 56160.
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    Because the calculated net U.S. sales values for the individually-
examined respondents with weighted-average dumping margins that are not 
zero or de minimis are business-proprietary figures, we find that $0.04 
U.S. Dollars/kilogram (``USD/kg''), which we calculated using the 
publicly available figures of U.S. sales quantities for these firms, is 
the best reasonable proxy for the weighted-average dumping margin based 
on the calculated U.S. sales quantities of these respondents.\25\
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    \25\ See Memorandum to the File from Bob Palmer, Case Analyst, 
Office V, AD/CVD Operations, Re: Calculation of Separate Rate, dated 
concurrently with this notice.
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PRC-Wide Entity

    In the Preliminary Results, the Department determined that those 
companies that did not demonstrate eligibility for a separate rate are 
properly considered part of the PRC-wide entity.\26\ Since the 
Preliminary Results, we received no comments regarding these findings. 
Therefore, we continue to treat these entities as part of the PRC-wide 
entity.
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    \26\ The PRC-wide entity includes Shanxi DMD Corporation and 
Tangshan Solid Carbon Co., Ltd. See Preliminary Results, 79 FR at 
29420 n.5; see also Preliminary Decision Memorandum at 12-13.
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Rate for the PRC-Wide Entity

    The Department used the rate of 2.42 USD/kg in the most recent 
completed administrative review of this antidumping order for the PRC-
wide entity.\27\ Because nothing on the record of the instant review 
calls into question the reliability of this rate, we find it 
appropriate to continue to apply the rate of 2.42 USD/kg to the PRC-
wide entity for these final results.\28\
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    \27\ See Certain Activated Carbon From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2011-2012, 78 FR 70533, 70535 (November 26, 2013) (``AR5 Carbon'').
    \28\ See, e.g., id.
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Final Results of the Review

    The weighted-average dumping margins for this POR are as follows:

[[Page 70165]]



------------------------------------------------------------------------
                                                              Margin
                        Exporter                           (dollars per
                                                          kilogram) \29\
------------------------------------------------------------------------
Jacobi Carbons AB \30\..................................            0.04
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd               0.04
 \31\...................................................
Calgon Carbon (Tianjin) Co., Ltd........................            0.04
Datong Juqiang Activated Carbon Co., Ltd................            0.04
Datong Municipal Yunguang Activated Carbon Co., Ltd.....            0.04
Jilin Bright Future Chemicals Company, Ltd..............            0.04
Ningxia Huahui Activated Carbon Co., Ltd................            0.04
Ningxia Mineral and Chemical Limited....................            0.04
Shanxi Sincere Industrial Co., Ltd......................            0.04
Tianjin Channel Filters Co., Ltd........................            0.04
PRC-Wide Rate \32\......................................            2.42
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Assessment Rates
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    \29\ In the second administrative review of the Order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit 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).
    \30\ In the third administrative review, the Department found 
Jacobi, Tianjin Jacobi International Trading Co. Ltd., and Jacobi 
Carbons Industry (Tianjin) are a single entity and, because there 
were no changes to the facts which supported that decision, we 
continued to find these companies part of a single entity in the 
fourth and fifth administrative reviews. Because there have been no 
changes to the facts that supported that decision in the present 
review, we are continuing to treat the companies as a single entity 
in this review. 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); see also Certain Activated Carbon From the 
People's Republic of China; 2010-2011; Final Results of Antidumping 
Duty Administrative Review, 77 FR 67337, 67338 n.22 (November 9, 
2012); AR5 Carbon, 78 FR at 70535 n.32.
    \31\ In the first administrative review, the Department found 
Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia 
Guanghua Cherishmet Activated Carbon Co., Ltd., and Ningxia Guanghua 
Activated Carbon Co., Ltd. are a single entity and, because there 
were no changes to the facts which supported that decision, we 
continued to find these companies to be part of a single entity in 
subsequent reviews. Because there have been no changes to the facts 
that supported that decision in the present review, we are 
continuing to treat the companies as a single entity in this review. 
See Certain Activated Carbon From the People's Republic of China: 
Notice of Preliminary Results of the Antidumping Duty Administrative 
Review and Extension of Time Limits for the Final Results, 74 FR 
21317, 21319 (May 7, 2009), unchanged in First Administrative Review 
of Certain Activated Carbon from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 74 FR 
57995, 57998 (November 10, 2009); AR5 Carbon, 78 FR at 70535 n.33.
    \32\ The PRC-wide entity includes the Shanxi DMD Corporation and 
Tangshan Solid Carbon Co., Ltd.
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    Pursuant to 19 CFR 351.212(b), the Department has determined, and 
U.S Customs and Border Protection (``CBP'') shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of these final results of this review. In 
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or 
customer-) specific assessment rates for the merchandise subject to 
this review. As the Department stated in the most recent administrative 
review,\33\ we will continue to direct CBP to assess importer-specific 
assessment rates based on the resulting per-unit (i.e., per-kilogram) 
rates by the weight in kilograms of each entry of the subject 
merchandise during the POR. Specifically, we calculated importer-
specific duty assessment rates on a per-unit rate basis by dividing the 
total amount of dumping for each importer by the total sales quantity 
of subject merchandise sold to that importer during the POR. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department 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 entered value of sales.\34\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate is above de minimis. 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \33\ See AR5 Carbon, 78 FR at 70535.
    \34\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the NME-wide rate. In addition, if the 
Department 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 rate) will be 
liquidated at the NME-wide rate.\35\
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    \35\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC 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 Jacobi, Cherishmet 
and the non-examined, separate rate respondents, the cash deposit rate 
will be equal to their weighted-average dumping margins established in 
the final results of this review, except if the rate is zero or de 
minimis, then no cash deposit will be required; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recently completed 
segment of this proceeding; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be equal to the weighted-average dumping 
margin for the PRC-wide entity established in the final results of this 
review; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC exporters that supplied that non-PRC 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of double antidumping duties.

[[Page 70166]]

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``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.
    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Dated: November 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues & Decision Memorandum

General Issues

Comment 1: Whether Albemarle Corporation Is a Domestic Interested 
Party
Comment 2: Differential Pricing
    A. Withdrawal of the Targeted Dumping Regulation
    B. Application of the Differential Pricing Analysis
    C. Explanation of the Differential Pricing Analysis
Comment 3: Whether Separate Rate Respondents Should Receive Zero or 
De Minimis Margins

Surrogate Values

Comment 4: Anthracite Coal Surrogate Value
Comment 5: Surrogate Financial Statement Selection
    A. Related Party Transactions
    B. Whether the Financial Ratios of BF Industries Are Outliers
    C. Whether BF Industries Financial Statements Demonstrated 
Benefits Received From Countervailable Subsidies
    D. Whether To Reject Financial Statements With Non-Interest 
Bearing Loans
Comment 6: Surrogate Financial Ratio Calculation
    A. Calculation of Premium AC's Surrogate Financial Ratios
    B. Calculation of Mapecon's Surrogate Financial Ratios
    C. Categorization of Bank Charges for Premium AC and Davao
    D. Categorization of Insurance Expenses for Davao and Philips 
Carbon
    E. Categorization of Travel and Transport Expenses for Davao
    F. Labor in Financial Ratios
Comment 7: ILO 6A Labor Calculation
Comment 8: Electricity
Comment 9: Water
Comment 10: Coal Tar
Comment 11: Carbonized Materials
Comment 12: Brokerage and Handling Denominator

Company Specific Issues

Comment 13: Jacobi's Packing Calculation

[FR Doc. 2014-27926 Filed 11-24-14; 8:45 am]
BILLING CODE 3510-DS-P