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Certain Activated Carbon from the People's Republic of China

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Certain Activated Carbon from the People's Republic of China UNITED STATES DEPARTMENT OF COMMERCE International Trade Administration Washington, D.C. 20230 A-570-904 AR: 4/1/2011 - 3/31/2012 Public Document IAINME/9: RJP/ECIRMR May 2, 2013 MEMORANDUM TO: Paul Piquado Assistant Secretary for Import Administration FROM: Christian Marsh ~ Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations SUBJECT: Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Activated Carbon from the People's Republic of China SUMMARY In response to requests from interested parties, the Department of Commerce ("Department") is conducting an administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China ("PRC") for the period of review ("POR") from April1, 2011, through March 31, 2012. The Department has preliminarily determined that sales of the subject merchandise in the United States were below normal value ("NV"). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection ("CBP") to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. We intend to issue final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended ("the Act"). Background On May 29, 2012, the Department initiated the fifth administrative review of certain activated carbon from the PRC for the period, April1, 2011, to March 31, 2012. 1 The Department initiated an administrative review of 187 exporters of subject merchandise.2 On August 23, 2012, and August 27, 2012, Calgon3 and Petitioners4 withdrew their request for review with 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 31568 (May 29, 2012) ("Initiation Notice"); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 40565 (July 10, 20 12). 2 See id. 3 Ca1gon Carbon (Tianjin) Co., Ltd. ("CCT") and Calgon Carbon Corporation (collectively "Calgon"). respect to 166 companies.5 On December 6, 2012, the Department rescinded the review with respect to Shanxi Xuanzhong Chemical Industry Co., Ltd. and Xi'an Shuntong International Trade & Industrials Co., Ltd., because Petitioners' request for review of these companies was withdrawn and they were not part ofthe PRC-wide entity. The Department stated it would address the disposition of the remaining withdrawn companies that do not have a separate rate from a prior segment in this proceeding in the preliminary results of this review.6 23 companies remain subject to this review.7 On September 27, 2012, the Department extended the time period for issuing the preliminary results by 120 days. 8 As explained in the memorandum from the Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 29, through October 30, 2012. Thus, all deadlines in this segment of the proceeding have been extended by two days. The revised deadline for the preliminary results of this administrative review is now May 2, 2013.9 On March 14, 2013, CCT submitted information pertaining to Albemarle Corporation ("Albemarle")'s standing as a domestic interested party in this proceeding. 10 The Department received comments and rebuttals from both parties. 11 On April3, 2013, after subsequent comments and rebuttal comments, the Department issued a letter instructing CCT that it could place information on the record that became available after March 1, 2013, the deadline for 4 Norit Americas Inc. and Calgon (collectively, "Petitioners"). 5 See Letter from Petitioners to the Department, "Petitioners' Withdrawal of Certain Requests for Administrative Review," dated August 27, 20 12; See also Calgon's "Withdrawal of Request for Review of Calgon Carbon (Tianjin) Co., Ltd," dated August 23, 2012. 6 See Certain Activated Carbon From the People's Republic of China; 2011-2012; Partial Rescission of the Fifth Antidumping Duty Administrative Review, 77 FR 72824 (December 6, 2012)("Partial Rescission"). 7 These companies are: Beijing Pacific Activated Carbon Products Co., Ltd.; Calgon Carbon (Tianjin) Co., Ltd.; Cherishmet Incorporated; Datong Juqiang Activated Carbon Co., Ltd.; Datong Locomotive Coal & Chemicals Co., Ltd.; Datong Municipal Yungang Activated Carbon Co., Ltd.; Jacobi Carbons AB; Jacobi Carbons, Inc.; Jacobi Carbons Industry (Tianjin); Jilin Bright Future Chemicals Company, Ltd.; Ningxia Guanghua Cherishment Activated Carbon Co., Ltd.; Ningxia Huahui Activated Carbon Co., Ltd.; Ningxia Lingzhou Foreign Trade Co., Ltd.; Ningxia Mineral & Chemical Limited; Shanxi DMD Corporation; Shanxi Industry Technology Trading Co., Ltd.; Shanxi Qixian Foreign Trade Corporation; Shanxi Sincere Industrial Co., Ltd.; Sinoacarbon International Trading Co., Ltd.; Tancarb Activated Carbon Co., Ltd.; Tangshan Solid Carbon Co., Ltd.; Tianjin Jacobi International Trading Co., Ltd.; and Tianjin Maijin Industries Co., Ltd. 8 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, from Emeka Chukwudebe, International Trade Compliance Analyst, Office 9, re: "Certain Activated Carbon from the People's Republic of China: Extension of Deadline for the Preliminary Results of the Fifth Antidumping Duty Administrative Review," dated September 27, 2012. 9 See Memorandum to the Record, from Paul Piquado, Assistant Secretary for Import Administration, "Tolling Administrative Deadlines as a Result of the Government Closure During Hurricane Sandy," dated October 31, 2012. 10 See CCT' s letter to the Department, dated March 14, 2013. 11 On March 22, 2013, Albemarle requested that the Department reject CCT's March 14, 2013 submission because it contained new information. On March 25, 2013, the Department rejected CCT's March 14, 2013 submission. The same day, CCT requested that the Department reconsider and accept the information as it only became available after the deadline for submission of new factual information. On March 26, 2013, Albemarle submitted rebuttal comments. 2 submission of new factual information.12 On April 8, 2013, CCT placed information on the record that became available from the International Trade Co:minission. Given the close proximity to the deadline for the preliminary results in this review and the current time constraints, we are unable to further consider CCT' s comments for these preliminary results. However, we intend to address CCT's comments in the final results of this review. Respondent Selection Section 777A( c )(1) of the Act directs the Department to calculate an individual weighted­ average dumping margin for each known exporter or producer of the subject merchandise. However, section 777A(c)(2) ofthe Act gives the Department discretion to limit its examination to a reasonable number of exporters and producers if it is not practicable to make individual weighted average dumping margin determinations because of the large number of exporters and producers involved in the review. On June 4, 2012, the Department placed CBP data for the Harmonized Tariff Schedule ("HTS") numbers listed in the scope of the order on the record of the review and requested comments on the data for use in respondent selection. 13 Between June 13, 2012, and June 20, 2012, we received comments and rebuttal comments from Petitioners and Jacobi.14 On July 11, 2012, the Department issued the respondent selection memorandum, in which it explained that, because of the large numbers of exporters or producers involved in the review ( 188), it would not be practicable to individually examine all companies.15 Rather, the Department determined that it could only reasonably examine two exporters in this review.16 Pursuant to section 777A(c)(2)(B) of the Act, the Department selected Jacobi and Ningxia Huahui Activated Carbon Co., Ltd ("Huahui") for individual examination because they were the two largest exporters/producers of the subject merchandise, by volume, during the POR.17 Questionnaires On July 12, 2012, the Department issued its non-market economy ("NME") antidumping questionnaire to Jacobi and Huahui. Between October 3, 2012, and March 25, 2013, the Department issued supplemental questionnaires and received responses from both Jacobi and Huahui. 12 See Letter to Calgon, re: "Certain Activated Carbon from the People's Republic of China: Reconsideration of New Factual Information Rejected on March 25, 2013" dated April3, 2013. 13 See Letter to All Interested Parties, re: "Administrative Review of the Antidumping Duty Order of Certain Activated Carbon from the People's Republic of China: CBP Data for Respondent Selection," dated June 4, 2012. 14 This includes: 1) Jacobi Carbons AB and its affiliates, Tianjin Jacobi International Trading Co. Ltd., Jacobi Carbons Industry (Tianjin), and Jacobi Carbons, Inc.; and 2) PICA SASU and its subsidiary, PICA U.S.A., Inc. (collectively, "Jacobi"). For further details, see the "Affiliations and Collapsing" section of this memorandum. 15 See Memorandum to James Doyle, Director, Office 9, AD/CVD Operations, from Javier Barrientos, Senior Analyst, Office 9, "51h Antidumping Duty Administrative
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