Voglio sapere a riguardo di…

60204

Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
Commerces final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Carbon Activated Tianjin Co., Ltd. Carbon Activated, Datong Juqiang Activated Carbon Co., Ltd.
Datong Juqiang collectively, the mandatory respondents, Beijing Pacific Activated Carbon Products Co., Ltd.
Beijing Pacific, Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.
GHC, Ningxia Mineral & Chemical Limited Ningxia Mineral, and Shanxi Sincere Industrial Co., Ltd. Shanxi Sincere.
DATES:

Applicable November 1, 2021.

FOR FURTHER INFORMATION CONTACT:

Jinny Ahn, 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 4820339.
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1

On December 17, 2019, Commerce published its Final Results in the 2017
2018 AD administrative review of certain activated carbon from China.1
Commerce calculated a weightedaverage dumping margin of 0.86 U.S.
dollars USD/kg for Datong Juqiang and a weighted-average dumping margin of 1.02 USD/kg for Carbon Activated, and assigned Beijing Pacific, GHC, Ningxia Mineral, and Shanxi Sincere a separate rate of 0.89 USD/kg.2
The mandatory respondents, as well as Beijing Pacific, GHC, Ningxia Mineral, and Shanxi Sincere collectively, the respondents, appealed Commerces Final Results. On April 2, 2021, the CIT remanded the Final Results, and directed Commerce to reconsider Commerces selection of Malaysia as the primary surrogate country, Commerces selection of surrogate data to value bituminous coal, and Commerces adjustments to the surrogate financial ratios.3
In its remand redetermination, issued in July 2021, Commerce: 1
Reconsidered and further explained its determination to use Malaysia as the primary surrogate country; 2
reconsidered its choice of HS code for the bituminous coal SV used in the production of activated carbon; and 3
1 See Certain Activated Carbon from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 20172018, 84 FR
68881 December 17, 2019 Final Results.
2 Id.
3 See Carbon Activated Tianjin Co., Ltd. and Carbon Activated Corporation, et al. v. United States, 503 F. Supp. 3d 1278 CIT 2021.

VerDate Sep<11>2014

18:03 Oct 29, 2021

Jkt 256001

reconsidered and further explained its allocation of certain line items in valuing financial ratios using the 2017
financial statements from the Romanian company, Romcarbon SA Romcarbon.4
Specifically, Commerce changed the surrogate value used to value bituminous coal from the average unit value of imports reported under Romanian HS 2701.12 to the average unit value of imports reported under Malaysian HS 2701.19 for most of the bituminous coal input used in the production of the subject merchandise during the period of review. In addition, Commerce made necessary changes with respect to the allocation of certain line items in calculating the financial ratios using the 2017 financial statements from Romcarbon.
Accordingly, Commerce made changes to the margin calculations for the mandatory respondents and revised the separate rate for Beijing Pacific, GHC, Ningxia Mineral, and Shanxi Sincere.5
On October 22, 2021, the CIT sustained Commerces final redetermination.6
Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the Court of Appeals for the Federal Circuit held that, pursuant to section 516Aa and e of the Tariff Act of 1930, as amended the Act, Commerce must publish a notice of court decision that is not in harmony with a Commerce determination and must suspend liquidation of entries pending a conclusive court decision. The CITs October 22, 2021 judgment constitutes a final decision of the CIT that is not in harmony with Commerces Final Results. Thus, this notice is published in fulfillment of the publication requirement of Timken.
Amended Final Results Because there is now a final court decision, Commerce amends the Final Results with respect to the respondents as follows:
4 See Final Results of Redetermination Pursuant to Court Remand, Carbon Activated Tianjin Co., Ltd. and Carbon Activated Corporation, et al. v.
United States, Court No. 2000007, Slip Op. 2135, dated July 1, 2021, available at https
enforcement.trade.gov/remands/21-35.pdf.
5 Id. at 12, 4041.
6 See Carbon Activated Tianjin Co., Ltd. and Carbon Activated Corporation, et al. v. United States, Court No. 2000007, Slip Op. 21149 CIT
October 22, 2021.
7 See Timken Co. v. United States, 893 F.2d 337, 341 Fed. Cir. 1990 Timken.
8 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 Fed. Cir. 2010
Diamond Sawblades.

PO 00000

Frm 00007

Fmt 4703

Sfmt 4703

Exporters
Carbon Activated Tianjin Co., Ltd
Datong Juqiang Activated Carbon Co., Ltd
Beijing Pacific Activated Carbon Products Co., Ltd
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd
Ningxia Mineral & Chemical Limited
Shanxi Sincere Industrial Co., Ltd

Weightedaverage dumping margin USD/kg 9
0.94
0.55
0.61
0.61
0.61
0.61

Cash Deposit Requirements Because the mandatory respondents, Beijing Pacific, Ningxia Mineral, and Shanxi Sincere have superseding cash deposit rates i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection CBP for these companies. Accordingly, this notice will not affect the current cash deposit rate for these companies.
For GHC, because it does not have a superseding cash deposit rate, Commerce will issue revised cash deposit instructions to CBP.
Additionally, with respect to GHC, Commerce will instruct CBP to refund the difference between the amount of cash deposits paid as a result of the application of the Final Results and the amount due as a result of the application of these amended final results.
Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were exported by Carbon Activated, Datong Juqiang, Beijing Pacific, GHC, Ningxia Mineral, and Shanxi Sincere, and were entered, or withdrawn from warehouse, for consumption during the period April 1, 2017, through March 31, 2018. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process.
In the event the CITs ruling is not appealed, or, if appealed, upheld by a 9 In the second administrative review of the AD
order on certain activated carbon from China, Commerce determined that it would calculate perunit assessment and cash deposit rates for all future reviews of this order. See Certain Activated Carbon from the Peoples Republic of China: Final Results and Partial Rescission of Second Antidumping Duty Administrative Review, 75 FR 70208, 70211
November 17, 2010; see also Certain Activated Carbon from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 20132014, 80 FR 61172 October 9, 2015
at 61174 n.21.

E:FRFM01NON1.SGM

01NON1