83 FR 32269 - Certain Activated Carbon From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 134 (July 12, 2018)

Page Range		32269-32270
FR Document		2018-15014

As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty order on certain activated carbon from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the antidumping duty order.

Federal Register, Volume 83 Issue 134 (Thursday, July 12, 2018)

[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Notices]
[Pages 32269-32270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on certain activated carbon 
from the People's Republic of China (China) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the antidumping duty order.

DATES: Applicable July 12, 2018.

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 April 27, 2007, Commerce published in the Federal Register 
notice of the antidumping duty order on certain activated carbon from 
China.\1\ On February 1, 2018, Commerce published the notice of 
initiation of the second five-year (sunset) review of the antidumping 
duty order on certain

[[Page 32270]]

activated carbon from China, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\
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    \1\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 4681 
(February 1, 2018).
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    Commerce conducted this sunset review on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and 
adequate response from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of its 
review, Commerce determined in accordance with section 751(c) of the 
Act that revocation of the antidumping duty order would likely lead to 
a continuation or recurrence of dumping.\3\ Commerce, therefore, 
notified the ITC of the magnitude of the margins likely to prevail 
should the antidumping duty order be revoked. On July 6, 2018, the ITC 
published notice of its determination, pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty order on certain 
activated carbon from China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \3\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order, 83 FR 26949 (June 11, 2018) (Final Results) 
and accompanying Issues and Decision Memorandum.
    \4\ See Certain Activated Carbon from China: Investigation No. 
731-TA-1103 (Second Review), USITC Publication 4776 (June 2018); see 
also Certain Activated Carbon from China: Determination, 83 FR 31568 
(July 6, 2018).
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Scope of the Order

    The merchandise subject to the order is certain activated carbon. 
Certain activated carbon is a powdered, granular, or pelletized carbon 
product obtained by ``activating'' with heat and steam various 
materials containing carbon, including but not limited to coal 
(including bituminous, lignite, and anthracite), wood, coconut shells, 
olive stones, and peat. The thermal and steam treatments remove organic 
materials and create an internal pore structure in the carbon material. 
The producer can also use carbon dioxide gas (CO2) in place 
of steam in this process. The vast majority of the internal porosity 
developed during the high temperature steam (or CO2 gas) 
activated process is a direct result of oxidation of a portion of the 
solid carbon atoms in the raw material, converting them into a gaseous 
form of carbon.
    The scope of the order covers all forms of activated carbon that 
are activated by steam or CO2, regardless of the raw 
material, grade, mixture, additives, further washing or post-activation 
chemical treatment (chemical or water washing, chemical impregnation or 
other treatment), or product form. Unless specifically excluded, the 
scope of the order covers all physical forms of certain activated 
carbon, including powdered activated carbon (PAC), granular activated 
carbon (GAC), and pelletized activated carbon.
    Excluded from the scope of the order are chemically activated 
carbons. The carbon-based raw material used in the chemical activation 
process is treated with a strong chemical agent, including but not 
limited to phosphoric acid, zinc chloride, sulfuric acid, or potassium 
hydroxide that dehydrates molecules in the raw material, and results in 
the formation of water that is removed from the raw material by 
moderate heat treatment. The activated carbon created by chemical 
activation has internal porosity developed primarily due to the action 
of the chemical dehydration agent. Chemically activated carbons are 
typically used to activate raw materials with a lignocellulosic 
component such as cellulose, including wood, sawdust, paper mill waste 
and peat.
    To the extent that an imported activated carbon product is a blend 
of steam and chemically activated carbons, products containing 50 
percent or more steam (or CO2 gas) activated carbons are 
within the scope, and those containing more than 50 percent chemically 
activated carbons are outside the scope. This exclusion language 
regarding blended material applies only to mixtures of steam and 
chemically activated carbons.
    Also excluded from the scope are reactivated carbons. Reactivated 
carbons are previously used activated carbons that have had adsorbed 
materials removed from their pore structure after use through the 
application of heat, steam and/or chemicals.
    Also excluded from the scope is activated carbon cloth. Activated 
carbon cloth is a woven textile fabric made of or containing activated 
carbon fibers. It is used in masks and filters and clothing of various 
types where a woven format is required.
    Any activated carbon meeting the physical description of subject 
merchandise provided above that is not expressly excluded from the 
scope is included within the scope. The products subject to the order 
are currently classifiable under the HTSUS subheading 3802.10.00. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the 
antidumping duty order on certain activated carbon from China. U.S. 
Customs and Border Protection will continue to collect antidumping duty 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of the continuation of the order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next sunset review of the order not later than 
30 days prior to the fifth anniversary of the effective date of 
continuation.
    This sunset review and this notice are in accordance with section 
751(c) and 751(d)(2) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-15014 Filed 7-11-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Notices 32269

Notice, we stated that Verso’s request Scope of the Order with the regulations and terms of an
indicated it accounts for at least 85 The product covered by the order is APO is a sanctionable violation.
percent of domestic production.8 We We are issuing and publishing these
SC paper. SC paper is uncoated paper
received no comments concerning final results and revocation, in whole,
that has undergone a calendering
Verso’s claim regarding its production and notice in accordance with sections
process in which the base sheet, made
or otherwise indicating a lack of 751(b) and 777(i) of the Act and 19 CFR
of pulp and filler (typically, but not 351.216, 19 CFR 351.221(c)(3), and 19
industry support with respect to this limited to, clay, talc, or other mineral
CCR. CFR 351.222.
additive), is processed through a set of
As noted in the Initiation Notice, supercalenders, a supercalender, or a Dated: July 5, 2018.
Verso requested the revocation of this soft nip calender operation.10 Gary Taverman,
CVD Order because it is no longer The scope of this order covers all SC Deputy Assistant Secretary for Antidumping
interested in maintaining the CVD Order paper regardless of basis weight, and Countervailing Duty Operations,
or in the imposition of duties on the brightness, opacity, smoothness, or performing the non-exclusive functions and
subject merchandise as of August 3, duties of the Assistant Secretary for
grade, and whether in rolls or in sheets. Enforcement and Compliance.
2015.9 We conclude that producers Further, the scope covers all SC paper
accounting for substantially all of the [FR Doc. 2018–14921 Filed 7–11–18; 8:45 am]
that meets the scope definition
production of the domestic like product, regardless of the type of pulp fiber or BILLING CODE 3510–DS–P
to which this CVD Order pertains, lack filler material used to produce the
interest in the relief provided by the paper.
CVD Order. We find that the petitioner’s DEPARTMENT OF COMMERCE
Specifically excluded from the scope
affirmative statement of no interest in are imports of paper printed with final International Trade Administration
the CVD Order constitutes good cause content of printed text or graphics.
for the conduct of this review. [A–570–904]
Subject merchandise primarily enters
On May 21, 2018, Commerce received under Harmonized Tariff Schedule of Certain Activated Carbon From the
comments from Verso, the Government the United States (HTSUS) subheading People’s Republic of China:
of Canada, the Government of New 4802.61.3035, but may also enter under Continuation of Antidumping Duty
Brunswick, the Government of Nova subheadings 4802.61.3010, Order
Scotia, the Government of Ontario, the 4802.62.3000, 4802.62.6020, and
Government of Quebec, Irving Paper 4802.69.3000. Although the HTSUS AGENCY: Enforcement and Compliance,
Limited, Port Hawkesbury Paper L.P., subheadings are provided for International Trade Administration,
Resolute FP Canada Inc., and Resolute convenience and customs purposes, the Department of Commerce.
FP US Inc. In a joint filing, these parties, written description of the scope of the SUMMARY: As a result of the
who represent all of the interested order is dispositive. determinations by the Department of
parties to this proceeding, stated their Commerce (Commerce) and the
Instructions to U.S. Customs and
agreement with the outcome proposed International Trade Commission (ITC)
Border Protection
in the Initiation Notice. Moreover, the that revocation of the antidumping duty
parties cited to 19 CFR 351.216(e), Because we determine that there are order on certain activated carbon from
which provides that, when all parties changed circumstances that warrant the the People’s Republic of China (China)
agree to the outcome, Commerce will revocation of the CVD Order, in whole, would likely lead to a continuation or
issue its final results of CCR within 45 we will instruct CBP to discontinue the recurrence of dumping and material
days of the initiation. suspension of liquidation and the injury to an industry in the United
Accordingly, we are notifying the collection of cash deposits of estimated States, Commerce is publishing a notice
public that we are revoking the CVD countervailing duties, to liquidate all of continuation of the antidumping duty
Order, in whole. Based on Verso’s unliquidated entries that were entered order.
request that revocation be retroactive to on or after August 3, 2015, without DATES: Applicable July 12, 2018.
August 3, 2015, and because we have regard to countervailing duties, and to FOR FURTHER INFORMATION CONTACT:
not completed any administrative refund all CVD cash deposits on all such Robert Palmer, AD/CVD Operations,
reviews of the CVD Order, we will merchandise, with applicable interest. Office VIII, Enforcement and
instruct U.S. Customs and Border Notification to Interested Parties Compliance, International Trade
Protection (CBP) to discontinue the Administration, U.S. Department of
suspension of liquidation and the This notice serves as a reminder to Commerce, 1401 Constitution Avenue
collection of cash deposits of estimated parties subject to an administrative NW, Washington, DC 20230; telephone:
countervailing duties, to liquidate all protective order (APO) of their (202) 482–9068.
unliquidated entries that were entered responsibility concerning the
SUPPLEMENTARY INFORMATION:
on or after August 3, 2015, without disposition of proprietary information
regard to countervailing duties, and to disclosed under APO in accordance Background
refund all CVD cash deposits on all such with 19 CFR 351.305(a)(3). Timely On April 27, 2007, Commerce
merchandise, with applicable interest. written notification of the return/ published in the Federal Register notice
destruction of APO materials or of the antidumping duty order on
conversion to judicial protective order is certain activated carbon from China.1
Reviews; Preliminary Intent to Revoke Antidumping
hereby requested. Failure to comply
amozie on DSK3GDR082PROD with NOTICES1

and Countervailing Duty Orders, 77 FR 67790, On February 1, 2018, Commerce
67791 (November 14, 2012), unchanged in Honey published the notice of initiation of the
from Argentina; Final Results of Antidumping and 10 Supercalendering and soft nip calendering
Countervailing Duty Changed Circumstances second five-year (sunset) review of the
processing, in conjunction with the mineral filler
Reviews; Revocation of Antidumping and contained in the base paper, are performed to antidumping duty order on certain
Countervailing Duty Orders, 77 FR 77029 enhance the surface characteristics of the paper by
(December 31, 2012). imparting a smooth and glossy printing surface. 1 See Notice of Antidumping Duty Order: Certain
8 See Initiation Notice, 83 FR at 22249.
Supercalendering and soft nip calendering also Activated Carbon from the People’s Republic of
9 Id. increase the density of the base paper. China, 72 FR 20988 (April 27, 2007).

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32270 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Notices

activated carbon from China, pursuant the raw material, grade, mixture, Continuation of the Order
to section 751(c) of the Tariff Act of additives, further washing or post- As a result of the determinations by
1930, as amended (the Act).2 activation chemical treatment (chemical Commerce and the ITC that revocation
Commerce conducted this sunset or water washing, chemical of the antidumping duty order would
review on an expedited basis, pursuant impregnation or other treatment), or likely lead to a continuation or
to section 751(c)(3)(B) of the Act and 19 product form. Unless specifically recurrence of dumping and material
CFR 351.218(e)(1)(ii)(C)(2), because it excluded, the scope of the order covers injury to an industry in the United
received a complete, timely, and all physical forms of certain activated States, pursuant to section 751(d)(2) of
adequate response from a domestic carbon, including powdered activated
the Act and 19 CFR 351.218(a),
interested party but no substantive carbon (PAC), granular activated carbon
Commerce hereby orders the
responses from respondent interested (GAC), and pelletized activated carbon.
parties. As a result of its review, Excluded from the scope of the order continuation of the antidumping duty
Commerce determined in accordance are chemically activated carbons. The order on certain activated carbon from
with section 751(c) of the Act that carbon-based raw material used in the China. U.S. Customs and Border
revocation of the antidumping duty chemical activation process is treated Protection will continue to collect
order would likely lead to a with a strong chemical agent, including antidumping duty cash deposits at the
continuation or recurrence of dumping.3 but not limited to phosphoric acid, zinc rates in effect at the time of entry for all
Commerce, therefore, notified the ITC of chloride, sulfuric acid, or potassium imports of subject merchandise.
the magnitude of the margins likely to hydroxide that dehydrates molecules in The effective date of the continuation
prevail should the antidumping duty the raw material, and results in the of the order will be the date of
order be revoked. On July 6, 2018, the formation of water that is removed from publication in the Federal Register of
ITC published notice of its the raw material by moderate heat this notice of continuation. Pursuant to
determination, pursuant to section treatment. The activated carbon created section 751(c)(2) of the Act, Commerce
751(c) of the Act, that revocation of the by chemical activation has internal intends to initiate the next sunset
antidumping duty order on certain porosity developed primarily due to the review of the order not later than 30
activated carbon from China would action of the chemical dehydration days prior to the fifth anniversary of the
likely lead to a continuation or agent. Chemically activated carbons are effective date of continuation.
recurrence of material injury to an typically used to activate raw materials This sunset review and this notice are
industry in the United States within a with a lignocellulosic component such in accordance with section 751(c) and
reasonably foreseeable time.4 as cellulose, including wood, sawdust, 751(d)(2) of the Act and published
paper mill waste and peat. pursuant to section 777(i)(1) of the Act
Scope of the Order To the extent that an imported and 19 CFR 351.218(f)(4).
The merchandise subject to the order activated carbon product is a blend of Dated: July 6, 2018.
is certain activated carbon. Certain steam and chemically activated carbons, Gary Taverman,
activated carbon is a powdered, products containing 50 percent or more Deputy Assistant Secretary for Antidumping
granular, or pelletized carbon product steam (or CO2 gas) activated carbons are and Countervailing Duty Operations,
obtained by ‘‘activating’’ with heat and within the scope, and those containing performing the non-exclusive functions and
steam various materials containing more than 50 percent chemically duties of the Assistant Secretary for
carbon, including but not limited to coal activated carbons are outside the scope. Enforcement and Compliance.
(including bituminous, lignite, and This exclusion language regarding [FR Doc. 2018–15014 Filed 7–11–18; 8:45 am]
anthracite), wood, coconut shells, olive blended material applies only to BILLING CODE 3510–DS–P
stones, and peat. The thermal and steam mixtures of steam and chemically
treatments remove organic materials and activated carbons.
create an internal pore structure in the Also excluded from the scope are DEPARTMENT OF COMMERCE
carbon material. The producer can also reactivated carbons. Reactivated carbons
use carbon dioxide gas (CO2) in place of are previously used activated carbons International Trade Administration
steam in this process. The vast majority that have had adsorbed materials
removed from their pore structure after Initiation of Antidumping and
of the internal porosity developed
use through the application of heat, Countervailing Duty Administrative
during the high temperature steam (or
steam and/or chemicals. Reviews
CO2 gas) activated process is a direct
result of oxidation of a portion of the Also excluded from the scope is AGENCY: Enforcement and Compliance,
solid carbon atoms in the raw material, activated carbon cloth. Activated carbon International Trade Administration,
converting them into a gaseous form of cloth is a woven textile fabric made of Department of Commerce.
carbon. or containing activated carbon fibers. It
SUMMARY: The Department of Commerce
The scope of the order covers all is used in masks and filters and clothing
of various types where a woven format (Commerce) has received requests to
forms of activated carbon that are conduct administrative reviews of
activated by steam or CO2, regardless of is required.
Any activated carbon meeting the various antidumping and countervailing
2 See Initiation of Five-Year (Sunset) Reviews, 83 physical description of subject duty orders and findings with May
FR 4681 (February 1, 2018). merchandise provided above that is not anniversary dates. In accordance with
3 See Certain Activated Carbon from the People’s
expressly excluded from the scope is Commerce’s regulations, we are
Republic of China: Final Results of the Expedited included within the scope. The initiating those administrative reviews.
amozie on DSK3GDR082PROD with NOTICES1

Second Sunset Review of the Antidumping Duty DATES: Applicable July 12, 2018.
Order, 83 FR 26949 (June 11, 2018) (Final Results) products subject to the order are
and accompanying Issues and Decision currently classifiable under the HTSUS FOR FURTHER INFORMATION CONTACT:
Memorandum. subheading 3802.10.00. Although the Brenda E. Brown, Office of AD/CVD
4 See Certain Activated Carbon from China:
HTSUS subheading is provided for Operations, Customs Liaison Unit,
Investigation No. 731–TA–1103 (Second Review),
USITC Publication 4776 (June 2018); see also
convenience and customs purposes, the Enforcement and Compliance,
Certain Activated Carbon from China: written description of the scope of the International Trade Administration,
Determination, 83 FR 31568 (July 6, 2018). order is dispositive. U.S. Department of Commerce, 1401

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Document Created: 2018-11-06 10:22:03
Document Modified: 2018-11-06 10:22:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable July 12, 2018.
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.
FR Citation		83 FR 32269

83 FR 32269 - Certain Activated Carbon From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 134 (July 12, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration