82_FR_10360 82 FR 10333 - Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results

82 FR 10333 - Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range10333-10335
FR Document2017-02791

The Court of International Trade (CIT or Court) sustained the Department of Commerce's (the Department's) second remand results pertaining to the sixth administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (PRC) covering the period of April 1, 2012, through March 31, 2013. The Department is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review, and that the Department is amending the final results.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10333-10335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02791]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results

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

SUMMARY: The Court of International Trade (CIT or Court) sustained the 
Department of Commerce's (the Department's) second remand results 
pertaining to the sixth administrative review of the antidumping duty 
order on certain activated carbon from the People's Republic of China 
(PRC) covering the period of April 1, 2012, through March 31, 2013. The 
Department is notifying the public that the final judgment in this case 
is not in harmony with the final results of the administrative review, 
and that the Department is amending the final results.

DATES: Effective Date: February 6, 2017.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-9068.

SUPPLEMENTARY INFORMATION: 

Background

    On November 25, 2014, the Department issued AR6 Final Results.\1\ 
The petitioners \2\ and Carbon Activated Corporation (Carbon 
Activated), a U.S. importer of subject merchandise, challenged certain 
aspects of AR6 Final Results. The petitioners challenged the 
Department's final results regarding the surrogate value (SV) used to 
value the mandatory respondents' \3\ anthracite coal. Carbon Activated 
challenged several aspects of the Department's final results as they 
pertained to Shanxi DMD Corporation (Shanxi DMD), which supplied Carbon 
Activated's imports of subject merchandise and was found to be part of 
the PRC-wide entity in AR6 Final Results. On January 20, 2016, the 
Court in Calgon I remanded the Department's AR6 Final Results and 
instructed the Department to reconsider its selection of the anthracite 
coal SV, and directed the Department to ``assign Shanxi DMD the all-
others rate.'' \4\
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    \1\ Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 79 FR 70163 (November 25, 2014) (AR6 Final Results) and 
accompanying Issues and Decisions Memorandum (IDM).
    \2\ Calgon Carbon Corporation and Cabot Norit Americas 
(collectively, the petitioners).
    \3\ The mandatory respondents are Jacobi Carbons AB (Jacobi) and 
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. (Cherishmet).
    \4\ See Calgon Carbon Corp. v. United States, 145 F. Supp. 3d 
1312, 1322-23, 1326-29 (CIT 2016) (Calgon I).
---------------------------------------------------------------------------

    On May 25, 2016, the Department filed Remand I with the Court.\5\ 
Based on Calgon I, which had ordered the Department to ``reconsider its 
selection of an SV for anthracite coal'' in AR6 Final Results, and 
based on the Department's finding that there were multiple SVs of equal 
reliability for anthracite coal on the record, the Department 
determined to select the anthracite coal SV based on which secondary 
surrogate country was the most significant producer of comparable 
merchandise.\6\ As a result of relying on significant production of 
comparable merchandise in Remand I, the Department valued anthracite 
coal using contemporaneous SV data from Thailand.\7\ Accordingly, the 
margins for Cherishmet and Jacobi (the mandatory respondents) were 
revised to $0.52/kilogram (kg) and to $0.51/kg, respectively.\8\
---------------------------------------------------------------------------

    \5\ See Calgon Carbon Corp. et al. v. United States, Consol. 
Court No. 14-00326, Slip Op. 16-4, Final Results Of Redetermination 
Pursuant To Court Remand, dated May 25, 2016, (Remand I).
    \6\ See Remand I at 15-17, 31-36.
    \7\ Id. at 15-17, 31-35.
    \8\ Id. at 49.
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    Additionally, we recalculated the margin for those separate rate 
companies whose entries were subject to this litigation using the same 
method we used in AR6 Final Results.\9\ Thus, we calculated a weighted-
average margin of $0.51/kg based on the publicly ranged U.S. sales 
quantities of the mandatory respondents.\10\ The

[[Page 10334]]

separate rate companies that received this revised rate in Remand I 
were: (1) Calgon Carbon (Tianjin) Co., Ltd. (Calgon Tianjin); (2) 
Datong Juqiang Activated Carbon Co., Ltd. (Juqiang); (3) Datong 
Municipal Yunguang Activated Carbon Co., Ltd. (Yunguang); (4) Jilin 
Bright Future Chemicals Company, Ltd. (Jilin Bright); (5) Ningxia 
Huahui Activated Carbon Co., Ltd. (Huahui); (6) Ningxia Mineral and 
Chemical Limited (Ningxia Mineral); (7) Shanxi Sincere Industrial Co., 
Ltd. (Sincere); and (8) Tianjin Channel Filters Co., Ltd. (Tianjin 
Channel).\11\ Finally, in Remand I, and under protest, the Department 
assigned Shanxi DMD the separate rate of $0.51/kg, which the Department 
explained ``will pertain to entries during the period of review that 
were exported from the PRC to the United States by Shanxi DMD and 
imported by Carbon Activated.'' \12\
---------------------------------------------------------------------------

    \9\ Id. at 50-51. Specifically, in AR6 Final Results, we 
calculated the separate rate by using the ranged total sales 
quantities reported by the mandatory respondents from the public 
versions of their submissions to calculate a weighted-average margin 
because we found that methodology is more appropriate than 
calculating a simple average of the mandatory respondents' margins. 
See AR6 Final Results, 79 FR at 70164.
    \10\ See Remand I at 50-51.
    \11\ Id.
    \12\ Id. at 17-20, 49-50, 51. The Department also explained 
that, although the Court ordered the Department to assign Shanxi DMD 
the ``all-others rate,'' the Department assigned Shanxi DMD the 
separate rate because ``the Department understands the Court as 
ordering the assignment of the separate rate to Shanxi DMD.'' Id. at 
19-20.
---------------------------------------------------------------------------

    On November 18, 2016, the Court in Calgon II sustained the 
Department's assignment of a separate rate to Shanxi DMD, but again 
remanded to the Department its SV selection for anthracite coal.\13\ 
Although the Court in Calgon II held that the Department's ``finding 
that the Thai SV is reliable {,{time}  is reasonable and supported by 
substantial evidence,'' \14\ the Court nonetheless found that the 
Department's determination to select significant production over import 
volumes as the methodology for selecting the anthracite coal SV was not 
supported by substantial evidence. As a result, the Court remanded the 
matter and ordered the Department ``to reconsider its selection of an 
SV for anthracite coal, . . . by either further explaining its 
selection methodology and basing that explanation on the record 
evidence or by choosing its other selection methodology based on import 
volume.'' \15\
---------------------------------------------------------------------------

    \13\ See Calgon Carbon Corp. v. United States, Consol. Court No. 
14-00326, Slip Op. 16-107 (CIT November 18, 2016) (Calgon II).
    \14\ Id. at 23.
    \15\ Id. at 24-32.
---------------------------------------------------------------------------

    On January 3, 2017, the Department filed Remand II with the 
Court.\16\ The Department relied on the quantity of imports of 
anthracite coal to select a SV among the potential SV sources for that 
input that are equally reliable. As a result, the Department revised 
its SV choice and relied on a SV from South Africa to value the 
mandatory respondents' anthracite coal factor of production.\17\ 
Consequently, Cherishmet's \18\ and Jacobi's \19\ final margins were 
revised to $0.28/kg and $0.18/kg, respectively.\20\ The separate rate 
was revised to $0.22/kg for: (1) Calgon Tianjin; (2) Juqiang; (3) 
Yunguang; (4) Jilin Bright; (5) Huahui; (6) Ningxia Mineral; (7) 
Sincere; and (8) Tianjin Channel.\21\ The Department used the same 
methodology for calculating the separate rate that was used in AR6 
Final Results and Remand I, discussed above. Finally, because the Court 
held in Calgon II that ``any resulting changes to the value of the 
separate rate should be reflected in the rate ultimately assigned to 
Shanxi DMD,'' \22\ the Department assigned Shanxi DMD the revised 
separate rate of $0.22/kg, ``which will only pertain to entries during 
the period of review that were exported from the People's Republic of 
China (`PRC') to the United States by Shanxi DMD and imported by Carbon 
Activated.'' \23\ On January 27, 2017, the Court sustained Remand II in 
Calgon III.\24\
---------------------------------------------------------------------------

    \16\ See Calgon Carbon Corp. et al. v. United States, Consol. 
Court No. 14-00326, Slip Op. 16-107, Final Results of 
Redetermination Pursuant to Court Remand, dated December 29, 2016 
(Remand II).
    \17\ Id. at 5-6.
    \18\ 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. should be treated as a single entity 
pursuant to 19 CFR 351.401(f), 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 AR6 Final Results, we continued to treat the companies 
as a single entity in Remand II as well, as we did in Remand I. 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).
    \19\ In the third administrative review, the Department found 
that Jacobi, Tianjin Jacobi International Trading Co. Ltd., and 
Jacobi Carbons Industry (Tianjin) should be treated as a single 
entity pursuant to 19 CFR 351.401(f), 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 AR6 Final Results, we 
continued to treat the companies as a single entity in Remand II as 
well, as we did in Remand I. 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).
    \20\ See Remand II at 6-7.
    \21\ See Remand II at 8.
    \22\ See Calgon II at 8-9.
    \23\ See Remand II at 8-9.
    \24\ See Calgon Carbon Corp. v. United States, Consol. Court No. 
14-00326, Slip Op. 17-6 (CIT January 27, 2017) (Calgon III).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\25\ as clarified by Diamond 
Sawblades,\26\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
Court's January 27, 2017, judgment in Calgon III constitutes a final 
decision of the Court that is not in harmony with the Department's AR6 
Final Results. This notice is published in fulfillment of the 
publication requirement of Timken. Accordingly, the Department will 
continue the suspension of liquidation of the subject merchandise at 
issue pending expiration of the period to appeal or, if appealed, a 
final and conclusive court decision.
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    \25\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \26\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, the Department amends 
AR6 Final Results with respect to the companies identified below. Based 
on Remand II, as affirmed by the Court in Calgon III, the revised 
weighted-average dumping margins for the companies listed below during 
the period April 1, 2012, through March 31, 2013, are as follows:

[[Page 10335]]



------------------------------------------------------------------------
                                                    Weighted-average
                                                     dumping margins
                   Exporter                      (dollars per kilogram)
                                                          \27\
------------------------------------------------------------------------
Jacobi Carbons AB.............................                      0.18
Ningxia Guanghua Cherishmet Activated Carbon                        0.28
 Co., Ltd.....................................
Calgon Carbon (Tianjin) Co., Ltd..............                      0.22
Datong Juqiang Activated Carbon Co., Ltd......                      0.22
Datong Municipal Yunguang Activated Carbon                          0.22
 Co., Ltd.....................................
Jilin Bright Future Chemicals Company, Ltd....                      0.22
Ningxia Huahui Activated Carbon Co., Ltd......                      0.22
Ningxia Mineral and Chemical Limited..........                      0.22
Shanxi DMD Corporation \28\...................                      0.22
Shanxi Sincere Industrial Co., Ltd............                      0.22
Tianjin Channel Filters Co., Ltd..............                      0.22
------------------------------------------------------------------------

    In the event that the CIT's rulings are not appealed or, if 
appealed, are upheld by a final and conclusive court decision, the 
Department will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on unliquidated entries of subject 
merchandise based on the revised dumping margins listed above.
---------------------------------------------------------------------------

    \27\ In the second administrative review, 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); see also AR6 Final Results, 79 FR 
at 70165 n.29.
    \28\ As discussed above, this rate ``will only pertain to 
entries during the period of review that were exported from the 
People's Republic of China (`PRC') to the United States by Shanxi 
DMD and imported by Carbon Activated.'' See Remand II at 8-9.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Because there have been subsequent administrative reviews for the 
companies identified above, the cash deposit rates will remain the 
rates established in the most recently-completed AR8 Final Results, 
which are $1.76/kg and $0.02 for Jacobi and Juqiang, respectively, and 
$1.36/kg for Calgon Tianjin, Cherishmet, Yunguang, Jilin Bright, 
Huahui, Ningxia Mineral, Sincere, Shanxi DMD, and Tianjin Channel.\29\
---------------------------------------------------------------------------

    \29\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2014-2015, 81 FR 62088, 62089 (September 8, 2016).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: February 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02791 Filed 2-9-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices                                                   10333

                                                  accordance with the amended final                        CFR 351.224(e) of the Department’s                    surrogate value (SV) used to value the
                                                  results of this review. If the Department                regulations.                                          mandatory respondents’ 3 anthracite
                                                  determines that an exporter under                          Dated: February 6, 2017.                            coal. Carbon Activated challenged
                                                  review had no shipments of subject                       Ronald K. Lorentzen,
                                                                                                                                                                 several aspects of the Department’s final
                                                  merchandise, any suspended entries                                                                             results as they pertained to Shanxi DMD
                                                                                                           Acting Assistant Secretary for Enforcement
                                                  that entered under that exporter’s case                                                                        Corporation (Shanxi DMD), which
                                                                                                           and Compliance.
                                                  number will be liquidated at the PRC-                                                                          supplied Carbon Activated’s imports of
                                                                                                           [FR Doc. 2017–02789 Filed 2–9–17; 8:45 am]
                                                  wide rate.7 The Department intends to                                                                          subject merchandise and was found to
                                                                                                           BILLING CODE 3510–DS–P
                                                  issue assessment instructions to CBP 15                                                                        be part of the PRC-wide entity in AR6
                                                  days after the date of publication of                                                                          Final Results. On January 20, 2016, the
                                                  these amended final results of review.                                                                         Court in Calgon I remanded the
                                                                                                           DEPARTMENT OF COMMERCE
                                                  Cash Deposit Requirements                                                                                      Department’s AR6 Final Results and
                                                                                                           International Trade Administration                    instructed the Department to reconsider
                                                     The following cash deposit                                                                                  its selection of the anthracite coal SV,
                                                  requirement will be effective July 19,                   [A–570–904]                                           and directed the Department to ‘‘assign
                                                  2016, for all shipments of the subject                                                                         Shanxi DMD the all-others rate.’’ 4
                                                  merchandise entered, or withdrawn                        Certain Activated Carbon From the
                                                                                                                                                                    On May 25, 2016, the Department
                                                  from warehouse, for consumption on or                    People’s Republic of China: Notice of
                                                                                                                                                                 filed Remand I with the Court.5 Based
                                                  after that date, as provided for by                      Court Decision Not in Harmony With
                                                                                                                                                                 on Calgon I, which had ordered the
                                                  section 751(a)(2)(C) of the Act. For                     Final Results of Administrative Review
                                                                                                                                                                 Department to ‘‘reconsider its selection
                                                  Anying, which had no reviewable                          and Notice of Amended Final Results
                                                                                                                                                                 of an SV for anthracite coal’’ in AR6
                                                  transactions during the POR, the cash                    AGENCY:   Enforcement and Compliance,                 Final Results, and based on the
                                                  deposit rate will remain unchanged                       International Trade Administration,                   Department’s finding that there were
                                                  from the rate assigned in the most                       Department of Commerce.                               multiple SVs of equal reliability for
                                                  recently completed review of the                                                                               anthracite coal on the record, the
                                                                                                           SUMMARY: The Court of International
                                                  company.                                                                                                       Department determined to select the
                                                                                                           Trade (CIT or Court) sustained the
                                                  Notifications to Importers                               Department of Commerce’s (the                         anthracite coal SV based on which
                                                    This notice also serves as a final                     Department’s) second remand results                   secondary surrogate country was the
                                                  reminder to importers of their                           pertaining to the sixth administrative                most significant producer of comparable
                                                  responsibility under 19 CFR 351.402(f)                   review of the antidumping duty order                  merchandise.6 As a result of relying on
                                                  to file a certificate regarding the                      on certain activated carbon from the                  significant production of comparable
                                                  reimbursement of antidumping duties                      People’s Republic of China (PRC)                      merchandise in Remand I, the
                                                  prior to liquidation of the relevant                     covering the period of April 1, 2012,                 Department valued anthracite coal using
                                                  entries during this review period.                       through March 31, 2013. The                           contemporaneous SV data from
                                                  Failure to comply with this requirement                  Department is notifying the public that               Thailand.7 Accordingly, the margins for
                                                  could result in the Secretary’s                          the final judgment in this case is not in             Cherishmet and Jacobi (the mandatory
                                                  presumption that reimbursement of                        harmony with the final results of the                 respondents) were revised to $0.52/
                                                  antidumping duties occurred and the                      administrative review, and that the                   kilogram (kg) and to $0.51/kg,
                                                  subsequent assessment of double                          Department is amending the final                      respectively.8
                                                  antidumping duties.                                      results.                                                 Additionally, we recalculated the
                                                                                                                                                                 margin for those separate rate
                                                  Administrative Protective Order                          DATES: Effective Date: February 6, 2017.
                                                                                                                                                                 companies whose entries were subject
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                    This notice also serves as a reminder                                                                        to this litigation using the same method
                                                                                                           Robert Palmer, AD/CVD Operations                      we used in AR6 Final Results.9 Thus,
                                                  to parties subject to administrative
                                                                                                           Office VIII, Enforcement and                          we calculated a weighted-average
                                                  protective orders (APO) of their
                                                                                                           Compliance, International Trade                       margin of $0.51/kg based on the
                                                  responsibility concerning the return or
                                                                                                           Administration, U.S. Department of                    publicly ranged U.S. sales quantities of
                                                  destruction of proprietary information
                                                                                                           Commerce, 1401 Constitution Avenue                    the mandatory respondents.10 The
                                                  disclosed under APO in accordance
                                                                                                           NW., Washington, DC 20230; telephone:
                                                  with 19 CFR 35 1.305(a)(3), which
                                                                                                           (202) 482–9068.                                         3 The mandatory respondents are Jacobi Carbons
                                                  continues to govern business
                                                  proprietary information in this segment                  SUPPLEMENTARY INFORMATION:                            AB (Jacobi) and Ningxia Guanghua Cherishmet
                                                                                                                                                                 Activated Carbon Co., Ltd. (Cherishmet).
                                                  of the proceeding. Timely written                        Background                                              4 See Calgon Carbon Corp. v. United States, 145
                                                  notification of the return/destruction of                                                                      F. Supp. 3d 1312, 1322–23, 1326–29 (CIT 2016)
                                                                                                             On November 25, 2014, the
                                                  APO materials, or conversion to judicial                                                                       (Calgon I).
                                                                                                           Department issued AR6 Final Results.1                   5 See Calgon Carbon Corp. et al. v. United States,
                                                  protective order, is hereby requested.
                                                                                                           The petitioners 2 and Carbon Activated                Consol. Court No. 14–00326, Slip Op. 16–4, Final
                                                  Failure to comply with the regulations
                                                                                                           Corporation (Carbon Activated), a U.S.                Results Of Redetermination Pursuant To Court
                                                  and the terms of an APO is a                                                                                   Remand, dated May 25, 2016, (Remand I).
                                                                                                           importer of subject merchandise,
                                                  sanctionable violation.                                                                                          6 See Remand I at 15–17, 31–36.
                                                                                                           challenged certain aspects of AR6 Final                 7 Id. at 15–17, 31–35.
                                                  Notification to Interested Parties                       Results. The petitioners challenged the                 8 Id. at 49.

                                                    This correction to the final results of                Department’s final results regarding the                9 Id. at 50–51. Specifically, in AR6 Final Results,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  administrative review is issued and                                                                            we calculated the separate rate by using the ranged
                                                                                                             1 Certain Activated Carbon from the People’s        total sales quantities reported by the mandatory
                                                  published in accordance with sections                    Republic of China: Final Results of Antidumping       respondents from the public versions of their
                                                  751(h) and 777(i)(2)(i) of the Act, and 19               Duty Administrative Review; 2012–2013, 79 FR          submissions to calculate a weighted-average margin
                                                                                                           70163 (November 25, 2014) (AR6 Final Results) and     because we found that methodology is more
                                                    7 For a full discussion of this practice, see Non-     accompanying Issues and Decisions Memorandum          appropriate than calculating a simple average of the
                                                  Market Economy Antidumping Proceedings:                  (IDM).                                                mandatory respondents’ margins. See AR6 Final
                                                  Assessment of Antidumping Duties, 76 FR 65694              2 Calgon Carbon Corporation and Cabot Norit         Results, 79 FR at 70164.
                                                  (October 24, 2011).                                      Americas (collectively, the petitioners).               10 See Remand I at 50–51.




                                             VerDate Sep<11>2014    18:35 Feb 09, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\10FEN1.SGM   10FEN1


                                                  10334                         Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices

                                                  separate rate companies that received                      On January 3, 2017, the Department                    used in AR6 Final Results and Remand
                                                  this revised rate in Remand I were: (1)                 filed Remand II with the Court.16 The                    I, discussed above. Finally, because the
                                                  Calgon Carbon (Tianjin) Co., Ltd.                       Department relied on the quantity of                     Court held in Calgon II that ‘‘any
                                                  (Calgon Tianjin); (2) Datong Juqiang                    imports of anthracite coal to select a SV                resulting changes to the value of the
                                                  Activated Carbon Co., Ltd. (Juqiang); (3)               among the potential SV sources for that                  separate rate should be reflected in the
                                                  Datong Municipal Yunguang Activated                     input that are equally reliable. As a                    rate ultimately assigned to Shanxi
                                                  Carbon Co., Ltd. (Yunguang); (4) Jilin                  result, the Department revised its SV                    DMD,’’ 22 the Department assigned
                                                  Bright Future Chemicals Company, Ltd.                   choice and relied on a SV from South                     Shanxi DMD the revised separate rate of
                                                  (Jilin Bright); (5) Ningxia Huahui                      Africa to value the mandatory                            $0.22/kg, ‘‘which will only pertain to
                                                                                                          respondents’ anthracite coal factor of                   entries during the period of review that
                                                  Activated Carbon Co., Ltd. (Huahui); (6)
                                                                                                          production.17 Consequently,                              were exported from the People’s
                                                  Ningxia Mineral and Chemical Limited
                                                                                                          Cherishmet’s 18 and Jacobi’s 19 final                    Republic of China (‘PRC’) to the United
                                                  (Ningxia Mineral); (7) Shanxi Sincere                   margins were revised to $0.28/kg and                     States by Shanxi DMD and imported by
                                                  Industrial Co., Ltd. (Sincere); and (8)                 $0.18/kg, respectively.20 The separate                   Carbon Activated.’’ 23 On January 27,
                                                  Tianjin Channel Filters Co., Ltd.                       rate was revised to $0.22/kg for: (1)                    2017, the Court sustained Remand II in
                                                  (Tianjin Channel).11 Finally, in Remand                 Calgon Tianjin; (2) Juqiang; (3)                         Calgon III.24
                                                  I, and under protest, the Department                    Yunguang; (4) Jilin Bright; (5) Huahui;
                                                  assigned Shanxi DMD the separate rate                   (6) Ningxia Mineral; (7) Sincere; and (8)                Timken Notice
                                                  of $0.51/kg, which the Department                       Tianjin Channel.21 The Department                           In its decision in Timken,25 as
                                                  explained ‘‘will pertain to entries during              used the same methodology for                            clarified by Diamond Sawblades,26 the
                                                  the period of review that were exported                 calculating the separate rate that was                   Court of Appeals for the Federal Circuit
                                                  from the PRC to the United States by                                                                             held that, pursuant to section 516A(e) of
                                                  Shanxi DMD and imported by Carbon                          16 See Calgon Carbon Corp. et al. v. United States,
                                                                                                                                                                   the Tariff Act of 1930, as amended (the
                                                                                                          Consol. Court No. 14–00326, Slip Op. 16–107, Final
                                                  Activated.’’ 12                                         Results of Redetermination Pursuant to Court             Act), the Department must publish a
                                                     On November 18, 2016, the Court in                   Remand, dated December 29, 2016 (Remand II).             notice of a court decision that is not ‘‘in
                                                  Calgon II sustained the Department’s
                                                                                                             17 Id. at 5–6.                                        harmony’’ with a Department
                                                  assignment of a separate rate to Shanxi
                                                                                                             18 In the first administrative review, the
                                                                                                                                                                   determination and must suspend
                                                                                                          Department found that Beijing Pacific Activated
                                                  DMD, but again remanded to the                          Carbon Products Co., Ltd., Ningxia Guanghua
                                                                                                                                                                   liquidation of entries pending a
                                                  Department its SV selection for                         Cherishmet Activated Carbon Co., Ltd., and Ningxia       ‘‘conclusive’’ court decision. The
                                                  anthracite coal.13 Although the Court in                Guanghua Activated Carbon Co., Ltd. should be            Court’s January 27, 2017, judgment in
                                                                                                          treated as a single entity pursuant to 19 CFR            Calgon III constitutes a final decision of
                                                  Calgon II held that the Department’s                    351.401(f), and, because there were no changes to
                                                                                                                                                                   the Court that is not in harmony with
                                                  ‘‘finding that the Thai SV is reliable {,}              the facts which supported that decision, we
                                                                                                          continued to find these companies to be part of a        the Department’s AR6 Final Results.
                                                  is reasonable and supported by                          single entity in subsequent reviews. Because there       This notice is published in fulfillment
                                                  substantial evidence,’’ 14 the Court                    have been no changes to the facts that supported         of the publication requirement of
                                                  nonetheless found that the Department’s                 that decision in AR6 Final Results, we continued
                                                                                                          to treat the companies as a single entity in Remand      Timken. Accordingly, the Department
                                                  determination to select significant                     II as well, as we did in Remand I. See Certain           will continue the suspension of
                                                  production over import volumes as the                   Activated Carbon from the People’s Republic of           liquidation of the subject merchandise
                                                  methodology for selecting the anthracite                China: Notice of Preliminary Results of the
                                                                                                          Antidumping Duty Administrative Review and               at issue pending expiration of the period
                                                  coal SV was not supported by                            Extension of Time Limits for the Final Results, 74       to appeal or, if appealed, a final and
                                                  substantial evidence. As a result, the                  FR 21317, 21319 (May 7, 2009), unchanged in First        conclusive court decision.
                                                  Court remanded the matter and ordered                   Administrative Review of Certain Activated Carbon
                                                  the Department ‘‘to reconsider its                      from the People’s Republic of China: Final Results       Amended Final Results
                                                                                                          of Antidumping Duty Administrative Review, 74 FR
                                                  selection of an SV for anthracite coal,                 57995, 57998 (November 10, 2009).                           Because there is now a final court
                                                  . . . by either further explaining its                     19 In the third administrative review, the
                                                                                                                                                                   decision, the Department amends AR6
                                                  selection methodology and basing that                   Department found that Jacobi, Tianjin Jacobi             Final Results with respect to the
                                                                                                          International Trading Co. Ltd., and Jacobi Carbons
                                                  explanation on the record evidence or                   Industry (Tianjin) should be treated as a single         companies identified below. Based on
                                                  by choosing its other selection                         entity pursuant to 19 CFR 351.401(f), and, because       Remand II, as affirmed by the Court in
                                                  methodology based on import                             there were no changes to the facts which supported       Calgon III, the revised weighted-average
                                                                                                          that decision, we continued to find these companies      dumping margins for the companies
                                                  volume.’’ 15                                            part of a single entity in the fourth and fifth
                                                                                                          administrative reviews. Because there have been no       listed below during the period April 1,
                                                    11 Id.                                                changes to the facts that supported that decision in     2012, through March 31, 2013, are as
                                                    12 Id. at 17–20, 49–50, 51. The Department also       AR6 Final Results, we continued to treat the             follows:
                                                                                                          companies as a single entity in Remand II as well,
                                                  explained that, although the Court ordered the
                                                                                                          as we did in Remand I. See Certain Activated
                                                  Department to assign Shanxi DMD the ‘‘all-others        Carbon from the People’s Republic of China: Final
                                                                                                                                                                     22 See Calgon II at 8–9.
                                                  rate,’’ the Department assigned Shanxi DMD the          Results and Partial Rescission of Third                    23 See Remand II at 8–9.
                                                  separate rate because ‘‘the Department understands      Antidumping Duty Administrative Review, 76 FR              24 See Calgon Carbon Corp. v. United States,
                                                  the Court as ordering the assignment of the separate    67142, 67145 n.25 (October 31, 2011); see also           Consol. Court No. 14–00326, Slip Op. 17–6 (CIT
                                                  rate to Shanxi DMD.’’ Id. at 19–20.                     Certain Activated Carbon from the People’s
                                                    13 See Calgon Carbon Corp. v. United States,
                                                                                                                                                                   January 27, 2017) (Calgon III).
                                                                                                          Republic of China; 2010–2011; Final Results of             25 See Timken Co. v. United States, 893 F.2d 337,
                                                  Consol. Court No. 14–00326, Slip Op. 16–107 (CIT        Antidumping Duty Administrative Review, 77 FR
                                                  November 18, 2016) (Calgon II).                         67337, 67338 n.22 (November 9, 2012).                    341 (Fed. Cir. 1990) (Timken).
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                                                    14 Id. at 23.                                            20 See Remand II at 6–7.                                26 See Diamond Sawblades Mfrs. Coalition v.

                                                    15 Id. at 24–32.                                         21 See Remand II at 8.                                United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                                                                                                                                   (Diamond Sawblades).




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                                                                                          Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices                                                                                  10335

                                                                                                                                                                                                                                      Weighted-average
                                                                                                                                  Exporter                                                                                            dumping margins
                                                                                                                                                                                                                                   (dollars per kilogram) 27

                                                  Jacobi Carbons AB ............................................................................................................................................................                        0.18
                                                  Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd ..............................................................................................                                                  0.28
                                                  Calgon Carbon (Tianjin) Co., Ltd ......................................................................................................................................                               0.22
                                                  Datong Juqiang Activated Carbon Co., Ltd .......................................................................................................................                                      0.22
                                                  Datong Municipal Yunguang Activated Carbon Co., Ltd ..................................................................................................                                                0.22
                                                  Jilin Bright Future Chemicals Company, Ltd .....................................................................................................................                                      0.22
                                                  Ningxia Huahui Activated Carbon Co., Ltd .......................................................................................................................                                      0.22
                                                  Ningxia Mineral and Chemical Limited ..............................................................................................................................                                   0.22
                                                  Shanxi DMD Corporation 28 ...............................................................................................................................................                             0.22
                                                  Shanxi Sincere Industrial Co., Ltd .....................................................................................................................................                              0.22
                                                  Tianjin Channel Filters Co., Ltd .........................................................................................................................................                            0.22



                                                    In the event that the CIT’s rulings are                                COMMITTEE FOR PURCHASE FROM                                              Regulatory Flexibility Act Certification
                                                  not appealed or, if appealed, are upheld                                 PEOPLE WHO ARE BLIND OR                                                     I certify that the following action will
                                                  by a final and conclusive court decision,                                SEVERELY DISABLED                                                        not have a significant impact on a
                                                  the Department will instruct U.S.                                                                                                                 substantial number of small entities.
                                                  Customs and Border Protection (CBP) to                                   Procurement List; Additions and                                          The major factors considered for this
                                                  assess antidumping duties on                                             Deletions                                                                certification were:
                                                  unliquidated entries of subject                                                                                                                      1. The action will not result in any
                                                  merchandise based on the revised                                         AGENCY: Committee for Purchase From
                                                                                                                                                                                                    additional reporting, recordkeeping or
                                                  dumping margins listed above.                                            People Who Are Blind or Severely
                                                                                                                                                                                                    other compliance requirements for small
                                                                                                                           Disabled.
                                                  Cash Deposit Requirements                                                                                                                         entities other than the small
                                                                                                                           ACTION: Additions to and Deletions from                                  organizations that will furnish the
                                                     Because there have been subsequent                                    the Procurement List.                                                    products and service to the Government.
                                                  administrative reviews for the                                                                                                                       2. The action will result in
                                                  companies identified above, the cash                                     SUMMARY:   This action adds products and                                 authorizing small entities to furnish the
                                                  deposit rates will remain the rates                                      a service to the Procurement List that                                   products and service to the Government.
                                                  established in the most recently-                                        will be furnished by nonprofit agencies                                     3. There are no known regulatory
                                                  completed AR8 Final Results, which are                                   employing persons who are blind or                                       alternatives which would accomplish
                                                  $1.76/kg and $0.02 for Jacobi and                                        have other severe disabilities, and                                      the objectives of the Javits-Wagner-
                                                  Juqiang, respectively, and $1.36/kg for                                  deletes products from the Procurement                                    O’Day Act (41 U.S.C. 8501–8506) in
                                                  Calgon Tianjin, Cherishmet, Yunguang,                                    List previously furnished by such                                        connection with the products and
                                                  Jilin Bright, Huahui, Ningxia Mineral,                                   agencies.                                                                service proposed for addition to the
                                                  Sincere, Shanxi DMD, and Tianjin                                                                                                                  Procurement List.
                                                                                                                           DATES:      Effective Date: 3/12/2017.
                                                  Channel.29                                                                                                                                        End of Certification
                                                                                                                           ADDRESSES:  Committee for Purchase
                                                  Notification to Interested Parties                                       From People Who Are Blind or Severely                                      Accordingly, the following products
                                                                                                                           Disabled, 1401 S. Clark Street, Suite                                    and services are added to the
                                                    This notice is issued and published in                                 715, Arlington, Virginia, 22202–4149.                                    Procurement List:
                                                  accordance with sections 516A(e)(1),
                                                                                                                           FOR FURTHER INFORMATION CONTACT:                                         Products
                                                  751(a)(1), and 777(i)(1) of the Act.
                                                                                                                           Amy B. Jensen, Telephone: (703) 603–                                     NSN(s)—Product Name(s):
                                                    Dated: February 6, 2017.                                                                                                                          9905–00–NIB–0376—Flag, Marking, 2–1/2″
                                                                                                                           7740, Fax: (703) 603–0655, or email
                                                  Ronald K. Lorentzen,                                                                                                                                  x 3–1/2″, 21″ Staff, Fluorescent Orange
                                                                                                                           CMTEFedReg@AbilityOne.gov.
                                                                                                                                                                                                      9905–00–NIB–0377—Flag, Marking, 2–1/2″
                                                  Acting Assistant Secretary for Enforcement
                                                                                                                           SUPPLEMENTARY INFORMATION:                                                   x 3–1/2″, 21″ Staff, Fluorescent Pink
                                                  and Compliance.
                                                                                                                                                                                                      9905–00–NIB–0378—Flag, Marking, 2–1/2″
                                                  [FR Doc. 2017–02791 Filed 2–9–17; 8:45 am]                               Additions                                                                    x 3–1/2″, 21″ Staff, Orange
                                                  BILLING CODE 3510–DS–P                                                                                                                              9905–00–NIB–0379—Flag, Marking, 2–1/2″
                                                                                                                             On 11/28/2016 (81 FR 85538–85540)                                          x 3–1/2″, 21″ Staff, Red
                                                    27 In
                                                                                                                           and 12/30/2016 (81 FR 96442–96443),                                        9905–00–NIB–0380—Flag, Marking, 2–1/2″
                                                          the second administrative review, the
                                                  Department determined that it would calculate per-
                                                                                                                           the Committee for Purchase From                                              x 3–1/2″, 21″ Staff, Yellow
                                                  unit assessment and cash deposit rates for all future                    People Who Are Blind or Severely                                           9905–00–NIB–0384—Flag, Marking, 2–1/2″
                                                  reviews. See Certain Activated Carbon from the                           Disabled published notices of proposed                                       x 3–1/2″, 15″ Staff, Yellow
                                                  People’s Republic of China: Final Results and                            additions to the Procurement List.                                         9905–00–NIB–0386—Flag, Marking, 2–1/2″
                                                  Partial Rescission of Second Antidumping Duty                                                                                                         x 3–1/2″, 15″ Staff, Red
                                                  Administrative Review, 75 FR 70208, 70211                                  After consideration of the material                                      9905–00–NIB–0387—Flag, Marking, 2–1/2″
                                                  (November 17, 2010); see also AR6 Final Results,                         presented to it concerning capability of                                     x 3–1/2″, 15″ Staff, Orange
                                                  79 FR at 70165 n.29.                                                     qualified nonprofit agencies to provide                                    9905–00–NIB–0389—Flag, Marking, 4″ x
                                                     28 As discussed above, this rate ‘‘will only pertain
                                                                                                                           the products and services and impact of                                      5″, 21″ Staff, Fluorescent Orange
mstockstill on DSK3G9T082PROD with NOTICES




                                                  to entries during the period of review that were                                                                                                    9905–00–NIB–0390—Flag, Marking, 4″ x 5″
                                                  exported from the People’s Republic of China                             the additions on the current or most
                                                                                                                           recent contractors, the Committee has                                        21″ Staff, Fluorescent Pink
                                                  (‘PRC’) to the United States by Shanxi DMD and
                                                                                                                                                                                                      9905–00–NIB–0391—Flag, Marking, 4″ x
                                                  imported by Carbon Activated.’’ See Remand II at                         determined that the products and                                             5″, 21″ Staff, Orange
                                                  8–9.                                                                     service listed below are suitable for
                                                     29 See Certain Activated Carbon from the People’s                                                                                                9905–00–NIB–0392—Flag, Marking, 4″ x
                                                  Republic of China: Final Results of Antidumping
                                                                                                                           procurement by the Federal Government                                        5″, 21″ Staff, Red
                                                  Duty Administrative Review; 2014–2015, 81 FR                             under 41 U.S.C. 8501–8506 and 41 CFR                                       9905–00–NIB–0393—Flag, Marking, 4″ x 5″
                                                  62088, 62089 (September 8, 2016).                                        51–2.4.                                                                      21″ Staff, Yellow



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Document Created: 2017-02-11 18:15:27
Document Modified: 2017-02-11 18:15:27
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
DatesEffective Date: February 6, 2017.
ContactRobert Palmer, AD/CVD Operations Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9068.
FR Citation82 FR 10333 

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