AD: China Certain Activated Carbon
The International Trade Administration (ITA) has initiated an antidumping (AD) duty investigation of certain activated carbon from China, in order to determine whether imports of subject merchandise are being, or are likely to be, sold in the U.S. at less than fair value.
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| China | Certain Activated Carbon | A-570-904 |
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Scope of the Investigation: The merchandise subject to this investigation 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 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.
HTS Subheading for the Investigation: The products under investigation are currently classifiable under HTS subheading 3802.10.00. Although HTS subheadings are provided for convenience and U.S. Customs and Border Protection (CBP) purposes, the written description of the scope of the investigation is dispositive.
Exclusions from the Scope of the Investigation: 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% or more steam (or CO2) activated carbons are within the scope of this investigation, and those containing more than 50% chemically activated carbons are outside the 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.
The ITA notes that 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.
Steps to take for separate rate application, etc. The ITA states that for a non-market economy (NME), China in this case, responses must be submitted for both the quantity and value questionnaire and the separate-rates application by the respective deadlines in order to receive consideration for separate rate status. In addition, the ITA adds that it will continue to send the quantity and value questionnaire to those exporters identified in the petition and the NME government.
The ITA notes that the quantity and value questionnaire for China is included as Appendix I to the ITA's initiation notice and is available on the Import Administration's web site.
- quantity and value questionnaire due no later than April 19, 2006
- separate rates application due no later than June 5, 2006
- comments on the scope of the investigation due within 20 days of April 4, 2006
- ITA's preliminary AD duty determination due no later than 140 days after April 4, 2006
- preliminary International Trade Commission (ITC) injury determination due within 25 days of April 4, 2006
ITA contact - Catherine Bertrand (202) 482-3207
ITA notice (FR Pub 04/04/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-4864.pdf
Quantity and value questionnaire available at http://ia.ita.doc.gov/download/prc-activated-carbon/q-and-v-letter.pdf
Separate rates application available at http://ia.ita.doc.gov/download/prc-activated-carbon/separate-rates-application.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-activated-carbon-init-032906.pdf