[Federal Register: January 27, 2009 (Volume 74, Number 16)]
[Notices]
[Page 4736-4737]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja09-15]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Notice of Initiation and Preliminary Results of Changed Circumstances
Review, and Intent To Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 27, 2009.
SUMMARY: On December 15, 2008, the Department of Commerce
(``Department'') received a request for a changed circumstances review
and a request to revoke in part the antidumping duty order on certain
activated carbon from the People's Republic of China with respect to
certain parts of fish tank filters which contain no more than 500 grams
of activated carbon, or a combination of activated carbon and zeolite,
and are fitted to work with specific filters. Petitioners submitted a
letter to the Department expressing lack of interest in antidumping
duty relief from the imports of certain parts of fish tank filters as
described below. Therefore, we are notifying the public of our intent
to revoke, in part, the antidumping duty order as it relates to import
of certain fish tank filters as described below. The Department invites
interested parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington DC.
20230; telephone (202) 482-3207.
Background
On April 27, 2007, the Department of Commerce (the ``Department'')
published the antidumping duty order on certain activated carbon from
the People's Republic of China. See Notice of Antidumping Duty Order:
Certain Activated Carbon from the People's Republic of China, 72 FR
20988 (April 27, 2007). On December 15, 2008, the Department received a
request on behalf of Rolf C. Hagen (USA), Corp. (``Hagen'') for a
changed circumstances review and a request to revoke in part the
antidumping duty order on certain activated carbon from the People's
Republic of China with respect to certain parts of fish tank filters
which contain no more than 500 grams of activated carbon, or a
combination of activated carbon and zeolite, and fitted to work with
specific filters. On December 17, 2008, Petitioners \1\, Calgon Carbon
Corporation and Norit Americans Inc. (collectively, ``Petitioners''),
submitted a response on the record and stated that they agree with
Hagen's request and agree with the specific proposed exclusion language
from Hagen's December 15, 2008, submission, as described below.
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\1\ See Memorandum to the File: Petitioners' Representation of
Domestic Industry (January 6, 2009).
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Scope of the Order
The merchandise subject to this order is certain activated carbon.
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 order 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 order 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 order 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. This exclusion language regarding
blended material applies only to mixtures of steam and chemically
activated carbons.
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 subject to the order
are currently classifiable under the Harmonized Tariff Schedule of the
United States (``HTSUS'') subheading 3802.10.00. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
[[Page 4737]]
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent To Revoke Order in Part
At the request of Hagen, and with agreement by Petitioners, and in
accordance with sections 751(d)(1) and 751(b)(1) of the Tariff Act of
1930, as amended (the ``Act'') and 19 CFR 351.216, the Department is
initiating a changed circumstances review of certain activated carbon
from the People's Republic of China to determine whether partial
revocation of the antidumping duty order is warranted with respect to
certain parts of fish tank filters which contain no more than 500 grams
of activated carbon, or a combination of activated carbon and zeolite,
and are fitted to work with specific filters. Section 782(h)(2) of the
Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke
an order (in whole or in part) if it determines that producers
accounting for substantially all of the production of the domestic like
product have no further interest in the order, in whole or in part. In
addition, in the event the Department determines that expedited action
is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to
combine the notices of initiation and preliminary results.
In accordance with section 751(b) of the Act, and 19 CFR
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed
circumstances review and have determined that expedited action is
warranted. Based on information from the investigation placed on the
record of this review \2\, in accordance with 19 CFR 351.222(g)(1)(i),
we find Petitioners comprise substantially all of the production of the
domestic like product. Petitioners have expressed a lack of interest in
the order, in part, with respect to certain fish tank filters. Because
this changed circumstances request was filed less than 24 months after
the date of publication of notice of the final determination in an
investigation, pursuant to 19 CFR 351.216(c), the Department must
determine whether good cause exists. We find that the Petitioners'
affirmative statement of no interest in the order with respect to
certain parts of fish tank filters, which contain no more than 500
grams of activated carbon, or a combination of activated carbon and
zeolite, and are fitted to work with specific filters, constitutes good
cause for the conduct of this review. Based on the expression of no
interest by the Petitioners and absent any objection by any other
domestic interested parties, we have preliminarily determined that the
domestic producers of the like product have no interest in the
continued application of the antidumping duty order on certain
activated carbon to the merchandise that is subject to this request.
Accordingly, we are notifying the public of our intent to revoke, in
part, the antidumping duty order as it relates to imports of the
certain parts of fish tank filters, which contain no more than 500
grams of activated carbon, or a combination of activated carbon and
zeolite, and are fitted to work with specific filters, as described
below. Therefore, we intend to change the scope of the order on certain
activated carbon from the People's Republic of China to include the
following exclusion:
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\2\ See Memorandum to the File: Petitioners' Representation of
Domestic Industry (January 6, 2009).
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Also excluded from the scope are molded plastic filter cartridges,
woven textile filter pads and filter bags that contain not more than
500 grams of certain activated carbon alone, or a combined total of 500
grams of certain activated carbon and natural zeolite. Combinations of
subject activated carbon and other materials are not subject to this
exclusion. Molded plastic filter cartridges and woven textile filter
pads subject to this exclusion must be packaged marked and ready for
retail sales as ready-to-use aquarium filters and filter parts at the
time of importation. Zeolite refers to a family of hydrous aluminum
silicate minerals, whose molecules enclose cations of sodium,
potassium, calcium, strontium or barium, used chiefly as molecular
filters and ion-exchange agents. Some of the more common natural
mineral zeolites include analcime, chabazite, heulandite, natroliote,
phillipsite, and stilbite. Excluded filters cartridges, filter bags and
woven filter bags are classified under subheading 8421.99.0040 of the
HTSUS.
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the date of publication of these preliminary results. Rebuttals to
written comments, limited to issues raised in such comments, may be
filed no later than 21 days after the date of publication. The
Department will issue the final results of this changed circumstances
review, which will include the results of its analysis raised in any
such written comments, no later than 270 days after the date on which
this review was initiated, or within 45 days if all parties agree to
our preliminary results. See 19 CFR 351.216(e).
If final revocation occurs, we will instruct U.S. Customs and
Border Protection to end the suspension of liquidation for the
merchandise covered by the revocation on the effective date of the
notice of revocation and to release any cash deposit or bond. See 19
CFR 351.222(g)(4). The current requirement for a cash deposit of
estimated antidumping duties on all subject merchandise will continue
unless and until it is modified pursuant to the final results of this
changed circumstances review.
This initiation and preliminary results of review and notice are in
accordance with sections 751(b) and 777(i) of the Act and 19 CFR
351.216, 351.221, and 351.222.
Dated: January 16, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-1584 Filed 1-26-09; 8:45 am]
BILLING CODE 3510-DS-P