80_FR_25755 80 FR 25669 - Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

80 FR 25669 - Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 86 (May 5, 2015)

Page Range25669-25671
FR Document2015-10508

In response to requests from interested parties, the Department of Commerce (``Department'') is conducting the administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC'') for the period of review (``POR'') April 1, 2013, through March 31, 2014. The Department preliminarily finds that subject merchandise has been sold in the United States at prices below normal value (``NV'') during the POR. The Department invites interested parties to comment on these preliminary results.

Federal Register, Volume 80 Issue 86 (Tuesday, May 5, 2015)
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25669-25671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10508]



[[Page 25669]]

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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; 2013-
2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain 
activated carbon from the People's Republic of China (``PRC'') for the 
period of review (``POR'') April 1, 2013, through March 31, 2014. The 
Department preliminarily finds that subject merchandise has been sold 
in the United States at prices below normal value (``NV'') during the 
POR. The Department invites interested parties to comment on these 
preliminary results.

DATES: Effective Date: May 5, 2015.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Frances Veith, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, or (202) 
482-4295, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    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.\1\ 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order remains 
dispositive.
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Certain Activated Carbon from the 
People's Republic of China; 2013-14'' (``Preliminary Decision 
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado 
Assistant Secretary for Enforcement and Compliance, issued 
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection 
(``CBP'') information, and no shipment certifications submitted by 
Sinoacarbon International Trading Co., Ltd. (``Sinoacarbon''), the 
Department preliminarily determines that Sinoacarbon had no shipments 
during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
    Consistent with our practice in non-market economy (``NME'') cases, 
the Department is not rescinding this review, in part, but intends to 
complete the review with respect to Sinoacarbon, for which it has 
preliminarily found no shipments, and issue appropriate instructions to 
CBP based on the final results of the review.\2\
---------------------------------------------------------------------------

    \2\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). We 
calculated constructed export prices and export prices in accordance 
with section 772 of the Act. Because the PRC is a non-market economy 
(``NME'') 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 included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is 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/login.aspx and it is available to all parties 
in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum is available at http://enforcement.trade.gov/frn/. 
The signed Preliminary Decision Memorandum and the electronic versions 
of the Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    The Department preliminarily finds that four companies subject to 
this review did not establish eligibility for a separate rate. As such, 
we preliminarily determine they are part of the PRC-wide entity.\3\ 
Because no party requested a review of the PRC-wide entity and the 
Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\4\ we did not conduct 
a review of the PRC-wide entity. Thus, the rate for the-NME entity is 
not subject to change as a result of this review.
---------------------------------------------------------------------------

    \3\ Those four companies are Ningxia Guanghua A/C Co., Ltd., 
Shanghai Astronautical Science Technology Development Corporation, 
Tangshan Solid Carbon Co., Ltd., and Zhejiang Xingda Activated 
Carbon Co., Ltd.
    \4\ 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).
---------------------------------------------------------------------------

    For companies subject to this review which established their 
eligibility for a separate rate, the Department preliminarily 
determines that the following weighted-average dumping margins exist 
for the POR from April 1, 2013, through March 31, 2014:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                                          dumping margin
                        Exporter                           (U.S. dollars
                                                           per kilogram)
                                                                \5\
------------------------------------------------------------------------
Jacobi Carbons AB \6\...................................            0.53
Datong Juqiang Activated Carbon Co., Ltd................            0.00
Carbon Activated Tianjin Co., Ltd.......................            0.53
Calgon Carbon (Tianjin) Co., Ltd........................            0.53
Datong Municipal Yunguang Activated Carbon Co., Ltd.....            0.53
Jilin Bright Future Chemicals Company, Ltd..............            0.53
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd               0.53
 \7\....................................................
Ningxia Huahui Activated Carbon Co., Ltd................            0.53
Ningxia Mineral and Chemical Limited....................            0.53
Shanxi DMD Corporation..................................            0.53
Shanxi Industry Technology Trading Co., Ltd.............            0.53
Shanxi Sincere Industrial Co., Ltd......................            0.53
Tancarb Activated Carbon Co., Ltd.......................            0.53
Tianjin Channel Filters Co., Ltd........................            0.53
Tianjin Maijin Industries Co., Ltd......................            0.53
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \5\ In the second administrative review of the Order, the 
Department 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). See 
also Notice of Antidumping Duty Order: Certain Activated Carbon From 
the People's Republic of China, 72 FR 20988 (April 27, 2007) 
(``Order'').
    \6\ In the third administrative review, the Department found 
that Jacobi Carbons AB, 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 since that determination was made, we continue to find that 
these companies are part of a single entity for this administrative 
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 (October 31, 2011); Certain 
Activated Carbon From the People's Republic of China; 2010-2011; 
Final Results of Antidumping Duty Administrative Review, 77 FR 
67337, 67338 (November 9, 2012); Certain Activated Carbon From the 
People's Republic of China; 2011-2012; Final Results of Antidumping 
Duty Administrative Review, 78 FR 70533, 70535 (November 26, 2013); 
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).
    \7\ In the first administrative review, the Department found 
that 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 since 
that determination, we continue to find that these companies are 
part of a single entity for this administrative 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 (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 (November 10, 
2009); and Certain Activated Carbon From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
2011-2012, 78 FR 70533 (November 26, 2013) at footnote 33; 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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[[Page 25670]]

    Interested parties may submit written comments in the form of case 
briefs within 30 days of publication of the preliminary results and 
rebuttal comments in the form of rebuttal briefs within five days after 
the time limit for filing case briefs.\8\ Rebuttal briefs must be 
limited to issues raised in the case briefs.\9\ Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \9\ See 19 CFR 351.309(d)(2).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, 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.\11\ If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a date and time to be 
determined.\12\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (``ET'') 
on the due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Unless otherwise extended, the Department 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, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\13\ The Department intends to issue assessment instructions to 
CBP 15 days 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, 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 quantity of those sales, in 
accordance with 19 CFR 351.212(b)(1).\14\ The Department will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to assess whether the per-unit assessment rate is de 
minimis. 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,\15\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ In these preliminary results, the Department 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).
    \15\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales data submitted 
by companies individually examined during this review, the Department 
will instruct CBP to liquidate such entries at the rate for the PRC-
wide entity.\16\ Additionally, 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 rate for the PRC-
wide entity.\17\
---------------------------------------------------------------------------

    \16\ Id.
    \17\ Id.
---------------------------------------------------------------------------

    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, where 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 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 each specific 
company listed in the final results of review, the cash deposit rate 
will be equal to the weighted-average dumping margin established in the 
final results of this review (except, if the rate is de minimis, then 
cash deposit rate will be zero); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that received a 
separate rate in the completed segment of this proceeding for the most 
recent period, the cash deposit rate will continue to be the

[[Page 25671]]

existing exporter-specific cash deposit rate; (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 the rate for the PRC-wide 
entity; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own separate rate, the cash deposit rate will 
be the rate applicable to the PRC exporter that supplied that non-PRC 
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 the Department'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 and 19 CFR 
351.221(b)(4).

    Dated: April 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
    a. Initiation
    b. Respondent Selection
    c. Questionnaires
    d. Scope of the Order
3. Discussion of the Methodology
    a. Preliminary Determination of No Shipments
    b. Non-Market Economy Country
    c. Separate Rates
    d. Affiliation and Collapsing
    e. Weighted-Average Dumping Margin for Non-Examined Separate 
Rate Companies
    f. Surrogate Country and Surrogate Value Data
    g. Facts Available for Normal Value
    h. Date of Sale
    i. Comparisons to Normal Value
    j. U.S. Price
    k. Normal Value
    l. Currency Conversion
4. Recommendation

[FR Doc. 2015-10508 Filed 5-4-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                    Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices                                                                25669

                                                    DEPARTMENT OF COMMERCE                                  certifications submitted by Sinoacarbon               review of the PRC-wide entity and the
                                                                                                            International Trading Co., Ltd.                       Department no longer considers the
                                                    International Trade Administration                      (‘‘Sinoacarbon’’), the Department                     PRC-wide entity as an exporter
                                                                                                            preliminarily determines that                         conditionally subject to administrative
                                                    [A–570–904]
                                                                                                            Sinoacarbon had no shipments during                   reviews,4 we did not conduct a review
                                                    Certain Activated Carbon From the                       the POR. For additional information                   of the PRC-wide entity. Thus, the rate
                                                    People’s Republic of China:                             regarding this determination, see the                 for the-NME entity is not subject to
                                                    Preliminary Results of Antidumping                      Preliminary Decision Memorandum.                      change as a result of this review.
                                                                                                               Consistent with our practice in non-                 For companies subject to this review
                                                    Duty Administrative Review; 2013–
                                                                                                            market economy (‘‘NME’’) cases, the                   which established their eligibility for a
                                                    2014
                                                                                                            Department is not rescinding this                     separate rate, the Department
                                                    AGENCY:  Enforcement and Compliance,                    review, in part, but intends to complete              preliminarily determines that the
                                                    International Trade Administration,                     the review with respect to Sinoacarbon,               following weighted-average dumping
                                                    Department of Commerce.                                 for which it has preliminarily found no               margins exist for the POR from April 1,
                                                    SUMMARY: In response to requests from                   shipments, and issue appropriate                      2013, through March 31, 2014:
                                                    interested parties, the Department of                   instructions to CBP based on the final
                                                    Commerce (‘‘Department’’) is                            results of the review.2                                                                                Weighted-
                                                                                                                                                                                                                    average
                                                    conducting the administrative review of                 Methodology                                                                                             dumping
                                                    the antidumping duty order on certain                                                                                        Exporter                            margin
                                                    activated carbon from the People’s                         The Department conducted this                                                                      (U.S. dollars
                                                    Republic of China (‘‘PRC’’) for the                     review in accordance with section                                                                    per kilogram) 5
                                                    period of review (‘‘POR’’) April 1, 2013,               751(a)(1)(B) of the Tariff Act of 1930, as
                                                                                                            amended (‘‘the Act’’). We calculated                  Jacobi Carbons AB 6 ............                         0.53
                                                    through March 31, 2014. The                                                                                   Datong Juqiang Activated
                                                    Department preliminarily finds that                     constructed export prices and export
                                                                                                            prices in accordance with section 772 of                 Carbon Co., Ltd ................                      0.00
                                                    subject merchandise has been sold in                                                                          Carbon Activated Tianjin Co.,
                                                    the United States at prices below normal                the Act. Because the PRC is a non-                       Ltd .....................................             0.53
                                                    value (‘‘NV’’) during the POR. The                      market economy (‘‘NME’’) within the                   Calgon Carbon (Tianjin) Co.,
                                                    Department invites interested parties to                meaning of section 771(18) of the Act,                   Ltd .....................................             0.53
                                                    comment on these preliminary results.                   NV has been calculated in accordance                  Datong Municipal Yunguang
                                                                                                            with section 773(c) of the Act.                          Activated Carbon Co., Ltd                             0.53
                                                    DATES: Effective Date: May 5, 2015.                        For a full description of the                      Jilin Bright Future Chemicals
                                                    FOR FURTHER INFORMATION CONTACT: Bob                    methodology underlying our                               Company, Ltd ....................                     0.53
                                                    Palmer or Frances Veith, AD/CVD                         conclusions, see the Preliminary                      Ningxia Guanghua
                                                    Operations, Office V, Enforcement and                   Decision Memorandum. A list of the                       Cherishmet Activated Car-
                                                    Compliance, International Trade                         topics included in the Preliminary                       bon Co., Ltd 7 ....................                   0.53
                                                                                                                                                                  Ningxia Huahui Activated
                                                    Administration, Department of                           Decision Memorandum is included as                       Carbon Co., Ltd ................                      0.53
                                                    Commerce, 14th Street and Constitution                  an appendix to this notice. The                       Ningxia Mineral and Chem-
                                                    Avenue NW., Washington, DC 20230;                       Preliminary Decision Memorandum is a                     ical Limited ........................                 0.53
                                                    telephone: (202) 482–9068, or (202)                     public document and is on file                        Shanxi DMD Corporation .....                             0.53
                                                    482–4295, respectively.                                 electronically via Enforcement and                    Shanxi Industry Technology
                                                    SUPPLEMENTARY INFORMATION:                              Compliance’s Antidumping and                             Trading Co., Ltd ................                     0.53
                                                                                                            Countervailing Duty Centralized                       Shanxi Sincere Industrial
                                                    Scope of the Order                                      Electronic Service System (‘‘ACCESS’’).                  Co., Ltd .............................                0.53
                                                                                                                                                                  Tancarb Activated Carbon
                                                       The merchandise subject to the order                 ACCESS is available to registered users
                                                                                                                                                                     Co., Ltd .............................                0.53
                                                    is certain activated carbon. The                        at https://access.trade.gov/login.aspx                Tianjin Channel Filters Co.,
                                                    products are currently classifiable under               and it is available to all parties in the                Ltd .....................................             0.53
                                                    the Harmonized Tariff Schedule of the                   Central Records Unit, room 7046 of the                Tianjin Maijin Industries Co.,
                                                    United States (‘‘HTSUS’’) subheading                    main Department of Commerce                              Ltd .....................................             0.53
                                                    3802.10.00.1 Although the HTSUS                         building. In addition, a complete
                                                    subheading is provided for convenience                  version of the Preliminary Decision                   Disclosure and Public Comment
                                                    and customs purposes, the written                       Memorandum is available at http://
                                                                                                                                                                     The Department intends to disclose
                                                    description of the scope of the order                   enforcement.trade.gov/frn/. The signed
                                                                                                                                                                  calculations performed for these
                                                    remains dispositive.                                    Preliminary Decision Memorandum and
                                                                                                                                                                  preliminary results to the parties within
                                                                                                            the electronic versions of the
                                                    Preliminary Determination of No                                                                               five days of the date of publication of
                                                                                                            Preliminary Decision Memorandum are
                                                    Shipments                                                                                                     this notice in accordance with 19 CFR
                                                                                                            identical in content.
                                                                                                                                                                  351.224(b).
                                                      Based on an analysis of U.S. Customs                  Preliminary Results of the Review
                                                    and Border Protection (‘‘CBP’’)                                                                               Technology Development Corporation, Tangshan
                                                    information, and no shipment                              The Department preliminarily finds                  Solid Carbon Co., Ltd., and Zhejiang Xingda
                                                                                                            that four companies subject to this                   Activated Carbon Co., Ltd.
                                                                                                            review did not establish eligibility for a              4 See Antidumping Proceedings: Announcement
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       1 For a complete description of the Scope of the

                                                    Order, see ‘‘Decision Memorandum for the                separate rate. As such, we preliminarily              of Change in Department Practice for Respondent
                                                    Preliminary Results of Antidumping Duty                 determine they are part of the PRC-wide               Selection in Antidumping Duty Proceedings and
                                                    Administrative Review: Certain Activated Carbon                                                               Conditional Review of the Nonmarket Economy
                                                    from the People’s Republic of China; 2013–14’’
                                                                                                            entity.3 Because no party requested a                 Entity in NME Antidumping Duty Proceedings, 78
                                                    (‘‘Preliminary Decision Memorandum’’) from                                                                    FR 65963, 65969–70 (November 4, 2013).
                                                                                                              2 See Non-Market Economy Antidumping
                                                    Christian Marsh, Deputy Assistant Secretary for                                                                 5 In the second administrative review of the

                                                    Antidumping and Countervailing Duty Operations,         Proceedings: Assessment of Antidumping Duties, 76     Order, the Department determined that it would
                                                    to Paul Piquado Assistant Secretary for Enforcement     FR 65694, 65694–95 (October 24, 2011).                calculate per-unit weighted-average dumping
                                                    and Compliance, issued concurrently with, and             3 Those four companies are Ningxia Guanghua         margins and assessment rates for all future reviews.
                                                    hereby adopted by, this notice.                         A/C Co., Ltd., Shanghai Astronautical Science                                                              Continued




                                               VerDate Sep<11>2014   17:18 May 04, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM     05MYN1


                                                    25670                           Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices

                                                       Interested parties may submit written                request to the Assistant Secretary for                also calculate (estimated) ad valorem
                                                    comments in the form of case briefs                     Enforcement and Compliance within 30                  importer-specific assessment rates with
                                                    within 30 days of publication of the                    days of the date of publication of this               which to assess whether the per-unit
                                                    preliminary results and rebuttal                        notice. Requests should contain: (1) The              assessment rate is de minimis. We will
                                                    comments in the form of rebuttal briefs                 party’s name, address and telephone                   instruct CBP to assess antidumping
                                                    within five days after the time limit for               number; (2) The number of participants;               duties on all appropriate entries covered
                                                    filing case briefs.8 Rebuttal briefs must               and (3) A list of issues parties intend to            by this review when the importer-
                                                    be limited to issues raised in the case                 discuss. Issues raised in the hearing will            specific ad valorem assessment rate
                                                    briefs.9 Parties who submit arguments                   be limited to those raised in the                     calculated in the final results of this
                                                    are requested to submit with the                        respective case and rebuttal briefs.11 If             review is not zero or de minimis. Where
                                                    argument: (1) A statement of the issue;                 a request for a hearing is made, the                  either the respondent’s ad valorem
                                                    (2) a brief summary of the argument;                    Department intends to hold the hearing                weighted-average dumping margin is
                                                    and (3) a table of authorities.10                       at the U.S. Department of Commerce,                   zero or de minimis, or an importer-
                                                       Pursuant to 19 CFR 351.310(c),                       14th Street and Constitution Avenue                   specific ad valorem assessment rate is
                                                    interested parties who wish to request a                NW., Washington, DC 20230, at a date                  zero or de minimis,15 we will instruct
                                                    hearing, or to participate if one is                    and time to be determined.12 Parties                  CBP to liquidate the appropriate entries
                                                    requested, must submit a written                        should confirm by telephone the date,                 without regard to antidumping duties.
                                                                                                            time, and location of the hearing two                    For entries that were not reported in
                                                    See Certain Activated Carbon From the People’s          days before the scheduled date.                       the U.S. sales data submitted by
                                                    Republic of China: Final Results and Partial               All submissions, with limited                      companies individually examined
                                                    Rescission of Second Antidumping Duty
                                                    Administrative Review, 75 FR 70208, 70211
                                                                                                            exceptions, must be filed electronically              during this review, the Department will
                                                    (November 17, 2010). See also Notice of                 using ACCESS. An electronically filed                 instruct CBP to liquidate such entries at
                                                    Antidumping Duty Order: Certain Activated Carbon        document must be received successfully                the rate for the PRC-wide entity.16
                                                    From the People’s Republic of China, 72 FR 20988        in its entirety by 5 p.m. Eastern Time                Additionally, if the Department
                                                    (April 27, 2007) (‘‘Order’’).
                                                      6 In the third administrative review, the
                                                                                                            (‘‘ET’’) on the due date. Documents                   determines that an exporter under
                                                    Department found that Jacobi Carbons AB, Tianjin        excepted from the electronic submission               review had no shipments of the subject
                                                    Jacobi International Trading Co. Ltd., and Jacobi       requirements must be filed manually                   merchandise, any suspended entries
                                                    Carbons Industry (Tianjin) are a single entity and,     (i.e., in paper form) with the APO/                   that entered under that exporter’s case
                                                    because there were no changes to the facts which
                                                    supported that decision since that determination
                                                                                                            Dockets Unit in Room 18022 and                        number (i.e., at that exporter’s rate) will
                                                    was made, we continue to find that these                stamped with the date and time of                     be liquidated at the rate for the PRC-
                                                    companies are part of a single entity for this          receipt by 5 p.m. ET on the due date.                 wide entity.17
                                                    administrative review. See Certain Activated               Unless otherwise extended, the                        In accordance with section
                                                    Carbon From the People’s Republic of China: Final       Department intends to issue the final                 751(a)(2)(C) of the Act, the final results
                                                    Results and Partial Rescission of Third
                                                    Antidumping Duty Administrative Review, 76 FR           results of this administrative review,                of this review shall be the basis for the
                                                    67142 (October 31, 2011); Certain Activated Carbon      which will include the results of its                 assessment of antidumping duties on
                                                    From the People’s Republic of China; 2010–2011;         analysis of issues raised in any briefs,              entries of merchandise covered by the
                                                    Final Results of Antidumping Duty Administrative        within 120 days of publication of these               final results of this review and for future
                                                    Review, 77 FR 67337, 67338 (November 9, 2012);
                                                    Certain Activated Carbon From the People’s              preliminary results, pursuant to section              deposits of estimated antidumping
                                                    Republic of China; 2011–2012; Final Results of          751(a)(3)(A) of the Act.                              duties, where applicable.
                                                    Antidumping Duty Administrative Review, 78 FR
                                                    70533, 70535 (November 26, 2013); Certain               Assessment Rates                                      Cash Deposit Requirements
                                                    Activated Carbon From the People’s Republic of             Upon issuance of the final results, the               The following cash deposit
                                                    China: Final Results of Antidumping Duty
                                                    Administrative Review; 2012–2013, 79 FR 70163,          Department will determine, and U.S.                   requirements will be effective upon
                                                    70165 (November 25, 2014).                              Customs and Border Protection (‘‘CBP’’)               publication of the final results of this
                                                      7 In the first administrative review, the
                                                                                                            shall assess, antidumping duties on all               administrative review for shipments of
                                                    Department found that Beijing Pacific Activated         appropriate entries covered by this                   the subject merchandise from the PRC
                                                    Carbon Products Co., Ltd., Ningxia Guanghua
                                                    Cherishmet Activated Carbon Co., Ltd., and Ningxia      review.13 The Department intends to                   entered, or withdrawn from warehouse,
                                                    Guanghua Activated Carbon Co., Ltd. are a single        issue assessment instructions to CBP 15               for consumption on or after the
                                                    entity and, because there were no changes to the        days after the publication date of the                publication date, as provided by section
                                                    facts which supported that decision since that          final results of this review. For any                 751(a)(2)(C) of the Act: (1) For each
                                                    determination, we continue to find that these
                                                    companies are part of a single entity for this          individually examined respondent                      specific company listed in the final
                                                    administrative review. See Certain Activated            whose (estimated) ad valorem weighted-                results of review, the cash deposit rate
                                                    Carbon From the People’s Republic of China: Notice      average dumping margin is not zero or                 will be equal to the weighted-average
                                                    of Preliminary Results of the Antidumping Duty          de minimis (i.e., less than 0.50 percent)             dumping margin established in the final
                                                    Administrative Review and Extension of Time
                                                    Limits for the Final Results, 74 FR 21317 (May 7,       in the final results of this review, the              results of this review (except, if the rate
                                                    2009), unchanged in First Administrative Review of      Department will calculate importer-                   is de minimis, then cash deposit rate
                                                    Certain Activated Carbon From the People’s              specific assessment rates on the basis of             will be zero); (2) for previously
                                                    Republic of China: Final Results of Antidumping                                                               investigated or reviewed PRC and non-
                                                    Duty Administrative Review, 74 FR 57995
                                                                                                            the ratio of the total amount of dumping
                                                    (November 10, 2009); and Certain Activated Carbon       calculated for the importer’s examined                PRC exporters not listed above that
                                                    From the People’s Republic of China: Final Results      sales and the total quantity of those                 received a separate rate in the
                                                    of Antidumping Duty Administrative Review, 2011–        sales, in accordance with 19 CFR                      completed segment of this proceeding
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                                                    2012, 78 FR 70533 (November 26, 2013) at footnote                                                             for the most recent period, the cash
                                                    33; Certain Activated Carbon From the People’s
                                                                                                            351.212(b)(1).14 The Department will
                                                    Republic of China: Final Results of Antidumping                                                               deposit rate will continue to be the
                                                                                                              11 See  19 CFR 351.310(c).
                                                    Duty Administrative Review; 2012–2013, 79 FR
                                                    70163, 70165 (November 25, 2014).                         12 See  19 CFR 351.310(d).                          Assessment Rate in Certain Antidumping
                                                      8 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);       13 See 19 CFR 351.212(b)(1).                        Proceedings: Final Modification, 77 FR 8101
                                                    see also 19 CFR 351.303 (for general filing               14 In these preliminary results, the Department     (February 14, 2012).
                                                    requirements).                                          applied the assessment rate calculation method          15 See 19 CFR 351.106(c)(2).
                                                      9 See 19 CFR 351.309(d)(2).                                                                                   16 Id.
                                                                                                            adopted in Antidumping Proceedings: Calculation
                                                      10 See 19 CFR 351.309(c)(2) and (d)(2).               of the Weighted-Average Dumping Margin and              17 Id.




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                                                                                    Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices                                            25671

                                                    existing exporter-specific cash deposit                 DEPARTMENT OF COMMERCE                                Claire McKenna, Office of Operations,
                                                    rate; (3) for all PRC exporters of subject                                                                    Office of the General Counsel, U.S.
                                                    merchandise that have not been found                    International Trade Administration                    Department of Transportation (Phone:
                                                    to be entitled to a separate rate, the cash             [Docket No. 150416372–5372–01]                        (202) 366–0365 or Email:
                                                    deposit rate will be the rate for the PRC-                                                                    Claire.McKenna@dot.gov).
                                                    wide entity; and (4) for all non-PRC                    DEPARTMENT OF STATE                                   SUPPLEMENTARY INFORMATION:
                                                    exporters of subject merchandise which                                                                           Background: The U.S. Departments of
                                                    have not received their own separate                    DEPARTMENT OF TRANSPORTATION                          Commerce, State, and Transportation
                                                    rate, the cash deposit rate will be the                                                                       are reviewing claims that three foreign
                                                    rate applicable to the PRC exporter that                Information on Claims Raised About                    airlines—Emirates Airline, Etihad
                                                    supplied that non-PRC exporter. These                   State-Owned Airlines in Qatar and the                 Airways, and Qatar Airways—have
                                                    cash deposit requirements, when                         UAE                                                   received and are benefitting from
                                                    imposed, shall remain in effect until                                                                         subsidies from their respective
                                                                                                            AGENCY:  International Trade
                                                    further notice.                                                                                               governments of the United Arab
                                                                                                            Administration, U.S. Department of
                                                    Notification to Importers                               Commerce; Transportation Affairs,                     Emirates (UAE) and Qatar that are
                                                                                                            Bureau for Economic and Business                      distorting the global aviation market.
                                                      This notice also serves as a                          Affairs, U.S. Department of State; Office             The claims, which are asserted in a
                                                    preliminary reminder to importers of                    of Aviation and International Affairs,                publicly available report, are of
                                                    their responsibility under 19 CFR                       U.S. Department of Transportation.                    significant interest to stakeholders and
                                                    351.402(f)(2) to file a certificate                                                                           all three Federal agencies. The U.S.
                                                                                                            ACTION: Notice and request for
                                                    regarding the reimbursement of                                                                                government takes seriously the concerns
                                                                                                            comments.
                                                    antidumping duties prior to liquidation                                                                       raised in the report and is interested in
                                                    of the relevant entries during this POR.                SUMMARY:   This notice announces that                 receiving insights and feedback from
                                                    Failure to comply with this requirement                 the Departments of Commerce, State,                   stakeholders before any decisions are
                                                    could result in the Department’s                        and Transportation are interested in                  made regarding what action, if any,
                                                    presumption that reimbursement of                       obtaining from interested stakeholders                should be taken. Accordingly,
                                                    antidumping duties occurred and the                     information regarding their views on                  consistent with the Obama
                                                    subsequent assessment of double                         claims that three foreign airlines—                   Administration’s Open Government
                                                    antidumping duties.                                     Emirates Airline, Etihad Airways, and                 Initiative and commitment to
                                                                                                            Qatar Airways—have received and are                   transparency, public participation, and
                                                    Notification to Interested Parties                                                                            collaboration, the three Departments are
                                                                                                            benefitting from subsidies from their
                                                      This administrative review and notice                 homeland governments that are                         announcing the establishment of an
                                                    are issued and published in accordance                  distorting the global aviation market.                open forum by which any interested
                                                    with sections 751(a)(1) and 777(i)(1) of                DATES: The comment period for this                    stakeholder may submit information
                                                    the Act and 19 CFR 351.221(b)(4).                       notice is now open and will remain                    regarding their views on this subject and
                                                                                                            open for the foreseeable future. As                   have access to such information
                                                      Dated: April 29, 2015.                                                                                      submitted by other interested
                                                                                                            explained below, however, anyone
                                                    Paul Piquado,                                                                                                 stakeholders.
                                                                                                            interested in providing input to the
                                                    Assistant Secretary for Enforcement and                 Departments before they determine                        Any interested person or group may
                                                    Compliance.                                                                                                   submit information, responses to
                                                                                                            what actions should be taken, if any,
                                                    Appendix                                                should submit information as soon as                  existing materials, or any other analysis
                                                                                                            practicable.                                          that they might wish to provide the U.S.
                                                    List of Topics Discussed in the Preliminary                                                                   government on this subject on the
                                                    Decision Memorandum                                     ADDRESSES:   You may submit comments                  www.regulations.gov Web site. Each
                                                    1. Summary                                              on this document via the Federal                      Department will have a corresponding
                                                    2. Background                                           e-Rulemaking Portal at http://                        number—listed below—on
                                                       a. Initiation                                        www.regulations.gov. You may submit                   www.regulations.gov, and all
                                                       b. Respondent Selection                              comments in any (or all) of the three                 submissions will be reviewed jointly by
                                                       c. Questionnaires                                    docket numbers open for comment:                      the interagency team.
                                                       d. Scope of the Order                                • DOT–OST–2015–0082                                      No provision has been made for
                                                    3. Discussion of the Methodology                        • DOS–2015–0016                                       submission of confidential material to
                                                       a. Preliminary Determination of No                   • DOC–2015–0001                                       these dockets. The materials in the
                                                          Shipments
                                                       b. Non-Market Economy Country
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      docket will not be edited to remove
                                                       c. Separate Rates                                    Eugene Alford, Office of Supply Chain,                identifying or contact information. The
                                                       d. Affiliation and Collapsing                        Professional & Business Services,                     Departments caution against including
                                                       e. Weighted-Average Dumping Margin for               International Trade Administration,                   any information in an electronic
                                                          Non-Examined Separate Rate Companies              U.S. Department of Commerce (Phone:                   submission that one does not want
                                                       f. Surrogate Country and Surrogate Value             (202) 482–5071 or Email: Airservices@                 publicly disclosed.
                                                          Data                                              trade.gov). Robert Newsome,                              All correspondence on this subject
                                                                                                            Transportation Affairs, Bureau for                    received by the Departments after the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       g. Facts Available for Normal Value
                                                       h. Date of Sale                                      Economic and Business Affairs, U.S.                   issuance of this notice will be
                                                       i. Comparisons to Normal Value                       Department of State (Phone: (202) 647–                considered part of this submission
                                                       j. U.S. Price                                        7540 or Email: newsomerc@state.gov).                  process and will be posted in
                                                       k. Normal Value                                      Reese Davidson, Office of International               www.regulations.gov for the benefit of
                                                       l. Currency Conversion                               Aviation, Office of Aviation and                      the public, unless the submitter has
                                                    4. Recommendation                                       International Affairs, U.S. Department of             requested and been granted confidential
                                                    [FR Doc. 2015–10508 Filed 5–4–15; 8:45 am]              Transportation (Phone: (202) 366–8161                 treatment of commercial information by
                                                    BILLING CODE 3510–DS–P                                  or Email: Reese.Davidson@dot.gov).                    the Departments. To the extent allowed


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Document Created: 2015-12-16 07:53:30
Document Modified: 2015-12-16 07:53:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactBob Palmer or Frances Veith, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068, or (202) 482-4295, respectively.
FR Citation80 FR 25669 

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