[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66793-66795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-93]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1103 (Final)]
Certain Activated Carbon From China
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1103 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act)
to determine whether an industry in the United States is materially
injured or
[[Page 66794]]
threatened with material injury, or the establishment of an industry in
the United States is materially retarded, by reason of less-than-fair-
value imports from China of certain activated carbon, provided for in
subheading 3802.10.00 of the Harmonized Tariff Schedule of the United
States.\1\
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as follows:
``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 this investigation 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 this investigation 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 investigation 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
this scope, and those containing more than 50 percent chemically
activated carbons are outside this scope.
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 this scope. The products under
investigation are currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheading 3802.10.00.
Although HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this investigation
is dispositive.'' 71 FR 59721, October 11, 2006.
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For further information concerning the conduct of this phase of the
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: October 11, 2006.
FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of this investigation is being
scheduled as a result of an affirmative preliminary determination by
the Department of Commerce that imports of certain activated carbon
from China are being sold in the United States at less than fair value
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The
investigation was requested in a petition filed on March 8, 2006, by
Calgon Carbon Corporation, Pittsburgh, PA, and Norit Americas, Inc.,
Marshall, TX.
Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigation need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of this investigation
available to authorized applicants under the APO issued in the
investigation, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigation. A party granted access
to BPI in the preliminary phase of the investigation need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
this investigation will be placed in the nonpublic record on February
12, 2007, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of this investigation beginning at 9:30 a.m. on February
27, 2007, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before February 16, 2007. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on February 21, 2007, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by Sec. Sec. 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is February 20, 2007. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is March 6, 2007; witness testimony must be filed
[[Page 66795]]
no later than three days before the hearing. In addition, any person
who has not entered an appearance as a party to the investigation may
submit a written statement of information pertinent to the subject of
the investigation, including statements of support or opposition to the
petition, on or before March 6, 2007. On March 22, 2007, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before March 26, 2007, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's rules do not authorize filing of submissions
with the Secretary by facsimile or electronic means, except to the
extent permitted by section 201.8 of the Commission's rules, as
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing
of a document is permitted, certain documents must also be filed in
paper form, as specified in II (C) of the Commission's Handbook on
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the investigation
must be served on all other parties to the investigation (as identified
by either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: This investigation is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: November 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-19404 Filed 11-15-06; 8:45 am]
BILLING CODE 7020-02-P