Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015

AGENCY:

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

SUMMARY:

For the final results of the administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China, we find that sales were made at less than normal value. The period of review is April 1, 2014, through March 31, 2015. Based upon our analysis of the comments received, we made changes to the margin calculations for these final results of the antidumping duty administrative review. The final weighted-average dumping margins are listed below in the “Final Results of the Review” section of this notice.

DATES:

Effective September 8, 2016.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Background

The Department of Commerce (“Department”) published the Preliminary Results on March 4, 2016. For events subsequent to the Preliminary Results, see the Department's final Issues and Decision Memorandum. On June 13, 2016, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“Act”), the Department extended the deadline for issuing the final results by 60 days. The deadline for the final results is August 31, 2016.

Verification

Pursuant to section 782(i) of the Tariff Act of 1930, as amended (the “Act”), and 19 CFR 351.307(b)(iv), we conducted verification of Jacobi's U.S. sales from March 29-30, 2016.

Scope of the Order

The merchandise subject to the Order is certain activated carbon. The products are currently classifiable under the Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 3802.1000. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order remains dispositive.

Analysis of Comments Received

In the Issues and Decision Memorandum, we addressed all issues raised in parties' case and rebuttal briefs. In Appendix I to this notice, we have provided a list of the issues raised by parties. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”), Room B8024 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the CRU. In addition, parties can directly access a complete version of the Issues and Decision Memorandum on the Internet at http://enforcement.trade.gov/frn/index.html . The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

Based on our review of the record and comments received from interested parties regarding our Preliminary Results, we have made certain revisions to the margin calculations for Jacobi, Datong Juqiang, and the non-examined, separate rate respondents. Further, the Surrogate Values Memo contains descriptions of our changes to the surrogate values.

Final Determination of No Shipments

In the Preliminary Results, the Department preliminarily determined that Carbon Activated Tianjin Co. Ltd. had no shipments during the period of review (“POR”). We have received no information to contradict this determination. Therefore, the Department continues to determine that Carbon Activated Tianjin Co. Ltd. had no shipments of subject merchandise during the POR, and will issue appropriate liquidation instructions that are consistent with our “automatic assessment” clarification, for these final results.

Separate Rate Respondents

In our Preliminary Results, we determined that the following companies (including both mandatory respondents) met the criteria for separate rate status:

• Beijing Pacific Activated Carbon Products Co., Ltd.

• Calgon Carbon (Tianjin) Co., Ltd.;
• Datong Municipal Yunguang Activated Carbon Co., Ltd.;
• Datong Juqiang Activated Carbon Co., Ltd.;
• Jacobi Carbons AB; Jilin Bright Future Chemicals Company, Ltd.;
• Ningxia Guanghua Activated Carbon Co., Ltd. (“Guanghua”);
• Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.;
• Ningxia Huahui Activated Carbon Co., Ltd.;
• Ningxia Mineral & Chemical Limited;
• Shanxi Dapu International Trade Co., Ltd.;
• Shanxi DMD Corporation;
• Shanxi Industry Technology Trading Co., Ltd.;
• Shanxi Sincere Industrial Co., Ltd.;
• Shanxi Tianxi Purification Filter Co., Ltd.;
• Sinoacarbon International Trading Co., Ltd.;
• Tancarb Activated Carbon Co., Ltd.;
• Tianjin Channel Filters Co., Ltd.; and
• Tianjin Maijin Industries Co., Ltd.

We have received no comments or argument since the issuance of the Preliminary Results that provides a basis for reconsideration of these determinations. Therefore, the Department continues to find that the companies listed above meet the criteria for a separate rate.

Rate for Non-Examined Separate Rate Respondents

In the Preliminary Results, and consistent with the Department's practice, we assigned the non-examined, separate rate companies a rate equal to the weighted average of the calculated weighted-average dumping margins for the mandatory respondents that are not zero, de minimis (i.e., less than 0.5 percent) or based entirely on facts available, weighted by the total U.S. sales quantities from the public version of the submissions from the mandatory respondents. No parties commented on the methodology for calculating this separate rate. For the final results, we continue to apply this approach, as it is consistent with the intent of section 735(c)(5)(A) of the Act and our use of section 735(c)(5)(A) of the Act.

Final Results of the Review

For companies subject to this review, which established their eligibility for a separate rate, the Department determines that the following weighted-average dumping margins exist for the POR from April 1, 2014, through March 31, 2015:

The Department finds that 181 companies for which a review was requested did not establish eligibility for a separate rate because they either failed to provide a timely response to a separate rate application (“SRA”), to a supplemental questionnaire, or did not file a SRA or a separate rate certification (“SRC”). As such, we determine these companies, listed in Appendix II of this notice, to be part of the PRC-wide entity. Because no party requested a review of the PRC-wide entity and the Department no longer considers the PRC-wide entity as an exporter conditionally subject to administrative reviews, we did not conduct a review of the PRC-wide entity. Thus, the weighted-average dumping margin for the PRC-wide entity (i.e., 2.42 USD/kg) is not subject to change as a result of this review.

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review.

For any individually examined respondent whose weighted-average dumping margin is above the de minimis threshold (i.e., 0.50 percent), the Department will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of sales. Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

As the Department stated in the most recent administrative review, we will continue to direct CBP to assess importer-specific assessment rates based on per-unit (i.e., per-kilogram) rates. Specifically, we calculated importer-specific, antidumping duty assessment rates on a per-unit rate basis by dividing the total amount of dumping for each importer by the total sales quantity of subject merchandise sold to that importer during the POR.

Pursuant to a refinement in the Department's non-market economy (“NME”) practice, for sales that were not reported in the U.S. sales data submitted by companies individually examined during this review, the Department will instruct CBP to liquidate entries associated with those sales at the rate for the PRC-wide entity. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's cash deposit rate) will be liquidated at the rate for the PRC-wide entity.

Cash Deposit Requirements

The following per-unit cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For Jacobi, Datong, and the non-examined, separate rate respondents, the cash deposit rate will be equal to their weighted-average dumping margins established in the final results of this review; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which they were reviewed; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin for the PRC-wide entity (i.e., 2.42 USD/kg); and (4) for all non-PRC exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These per-unit cash deposit requirements, when imposed, shall remain in effect until further notice.

Disclosure

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

Notification to Importers Regarding the Reimbursement of Duties

This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act.

Appendix I

Issues and Decision Memorandum

Summary

Background

Scope of the Order

Changes Since the Preliminary Results

Discussion of the Issues

Comment 1: Value Added Tax (“VAT”) and Entered Value

Comment 2: Surrogate Country Selection

Comment 3: Anthracite Coal Surrogate Value

Comment 4: Whether to Account for In-Bound Freight for the Anthracite Coal Surrogate Value

Comment 5: Carbonized Material Surrogate Value

Comment 6: Hydrochloric Acid (“HCl”) Surrogate Value

Comment 7: Labor

Comment 8: Coal Tar Surrogate Value

Comment 9: Brokerage and Handling Surrogate Value

Comment 10: Financial Statements Selection

Comment 11: Whether the Department Should Treat Sales Through Datong Juqiang Activated Carbon USA LLC (“DJAC USA”) as Export Price (“EP”) Sales

Comment 12: The Proper Basis for the Calculation of U.S. Duty Expenses

Comment 13: U.S. CBP Entries Incorrectly Attributed to Datong Juqiang

Comment 14: Whether Jacobi's Purchased Carbonized Materials are Correctly Valued

Comment 15: Whether to Cap Jacobi's U.S. Freight Revenue

Recommendation

Appendix II