[Federal Register: December 17, 2009 (Volume 74, Number 241)]
[Notices]
[Page 66952-66954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de09-21]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon from the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 17, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-9068.
SUPPLEMENTARY INFORMATION:
ADMENDMENT TO THE FINAL RESULTS:
In accordance with sections 751(h) and 777(i)(1) of the Tariff Act
of 1930, as amended, (``Act''), on November 10, 2009, the Department of
Commerce (``Department'') published\1\ the final results of the
administrative review of the antidumping duty order on certain
activated carbon from the People's Republic of China (``PRC'') covering
the period October 11, 2006, through March 31, 2008. See First
Administrative Review of Certain Activated Carbon from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 74 FR 57995 (November 10, 2009) (``Final Results'').
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\1\ The Department publicly announced the final results on
November 3, 2009.
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On November 12, 2009, Petitioner Norit Americas, voluntary
respondent Ningxia Guanghua Activated Carbon Co., Ltd.
(``Cherishmet''),\2\ mandatory respondent Jacobi,\3\ importer
Albemarle,\4\ and separate rate company Hebei Foreign Trade &
Advertising Corp. (``Hebei Foreign'') filed timely ministerial
allegations pursuant to 19 CFR 351.224(c)(1) that the Department made
various ministerial errors in the Final Results and requested, pursuant
to 19 CFR 351.224, that the Department correct the alleged ministerial
errors in the Final Results and the ``Administrative Review of Certain
[[Page 66953]]
Activated Carbon from the People's Republic of China: Issues and
Decisions Memorandum for the Final Results,'' dated November 10, 2009
(``Decision Memo''). On November 17, 2009, Petitioners\5\ filed timely
rebuttal comments with respect to certain ministerial errors alleged by
Cherishmet and Hebei Foreign. No other party in this proceeding
submitted ministerial error comments or rebuttals on the Department's
Final Results.
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\2\ Consisting of Ningxia Guanghua Cherishmet Activated Carbon
Co., Ltd. (``GHC''), Beijing Pacific Activated Carbon Products Co.,
Ltd. (``Beijing Pacific''), and Cherishmet Inc.
\3\ Consisting of Jacobi Carbons AB, Tianjin Jacobi Iternational
Trading Co., Ltd., and Jacobi Carbons, Inc.
\4\ Consisting of Albemarle Sorbent Technologies Corp. and
Albemarle Corporation.
\5\ Consisting of Calgon Carbon Corporation and Norit Americas.
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A ministerial error is defined as ``an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the {Secretary{time} considers
ministerial.'' See section 751(h) of the Act; see also 19 CFR
351.224(f).
After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 751(h) of the Act and 19
CFR 351.224(e), that we made certain ministerial errors in the Final
Results. With regard to Jacobi, Calgon Carbon (Tianjin) Co., Ltd.
(``CCT''), and Cherishmet, we transposed digits in the surrogate value
for bituminous coal used in valuing coking coal. With regard to
Cherishmet, the Department made ministerial errors pertaining to the
calculation of international freight and copying of surrogate values.
For a detailed discussion of these ministerial errors, as well as the
Department's analysis of these errors and other allegations raised, see
Memorandum to James C. Doyle, Director, Office 9, through Catherine
Bertrand, Program Manager, Office 9, from Robert Palmer, Case Analyst,
Office 9: Certain Activated Carbon From the People's Republic of China:
Allegation of Ministerial Errors in the Final Results of the First
Administrative Review, (December 3, 2009) (``Ministerial Error Memo'').
Additionally, in the Final Results, we determined that several
companies qualified for a separate rate. See Final Results, 74 FR at
57998. The separate rate was based on the calculated margins for CCT
and Jacobi, the two mandatory respondents in this review. The margins
for CCT and Jacobi changed following the correction of the ministerial
errors and subsequent revisions made to the Final Results. Accordingly,
the Department revised the calculated all others rate for the companies
that qualified for a separate rate. We note that the errors did not
affect the PRC-wide entity rate, and thus that rate will not be
revised. Additionally, the margin for Cherishmet, the voluntary
respondent, changed following the revisions made to the Final Results.
Therefore, in accordance with section 751(h) of the Act, we are
amending the Final Results in the antidumping duty administrative
review of certain activated carbon from the PRC.
After correcting these ministerial errors, the final weight-
averaged dumping margins results are as follows:
Certain Activated Carbon from the People's Republic of China
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Manufacturer/Exporter Weighted Average Margin (Percent)
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Calgon Carbon (Tianjin) Co., 14.51 %
Ltd...........................
Jacobi Carbons AB\6\........... 18.19 %
Ningxia Guanghua Cherishmet 16.84 %
Activated Carbon Co., Ltd.\7\.
Datong Municipal Yunguang 16.35 %
Activated Carbon Co., Ltd.....
Ningxia Huahui Activated Carbon 16.35 %
Co., Ltd......................
Ningxia Lingzhou Foreign Trade 16.35 %
Co., Ltd......................
Tangshan Solid Carbon Co., Ltd. 16.35 %
Tianjin Maijin Industries Co., 16.35 %
Ltd...........................
PRC-Wide Rate\8\............... 228.11 %
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\6\ Consisting of Jacobi Carbons AB, Tianjin Jacobi International
Trading Co., Ltd. and Jacobi Carbons, Inc.
\7\ Ningxia Guanghua Cherishment Activated Carbon Co., Ltd. and the
following companies have been determined to be a single entity:
Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua
Activated Carbon Company, and Company A. Thus, the calculated margin
applies to the single entity.
\8\ The PRC-Wide entity includes Hebei Foreign Trade Advertisement
Company, Ningxia Mineral & Chemical Limited, Jilin Bright Future
Chemicals Company, Ltd. and its affiliate, Jilin Province Bright
Future Industry and Commerce Co., Ltd.
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries based on the amended final results. For details on
the assessment of antidumping duties on all appropriate entries, see
Final Results. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
the amended final results of the administrative review.
Cash Deposit Requirements
The following deposit rates will be effective retroactively on any
entries made on or after November 10, 2009, the date of publication of
the Final Results, for all shipments of certain activated carbon 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 the exporters listed above, the cash deposit rate will be
established in these amended final results of review (except, if the
rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash
deposit rate will be required for that company); (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 recent period; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 228.11 percent; and (4) for all non-PRC exporters of the
subject merchandise which have not received their own rate, the cash
deposit rate will be at the rate applicable to the PRC exporters that
supplied that non-PRC exporter. The deposit requirements, when imposed,
shall remain in effect until further notice.
Notification of Interested Parties
This notice 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
[[Page 66954]]
during the review period. Pursuant to 19 CFR 351.402(f)(3), failure to
comply with this requirement could result in the Department's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the administrative protective order itself. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1), 751(h) and 777(i)(1) of the Act.
Dated: December 10, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-30052 Filed 12-16-09; 8:45 am]
BILLING CODE 3510-DS-S