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ITA Revises Anti-Dumping Duties On Chinese Active Carbon

Law360    12/16/2014 2:56:00 PM    ReadCount:573

The International Trade Administration on Thursday revised the anti-dumping margins it had assigned to three Chinese activated carbon companies for its 2009-10 review period because they were not in harmony with the final decision in Albemarle Corp. et al. v. U.S., handed down last week.
The ITC had assigned a final anti-dumping rate of 28 cents per kilogram to affiliated companies Ningxia Guanghua Cherishmet Activated Carbon Coal Ltd. and Beijing Pacific Activated Carbon Products Co. Ltd., or Cherishmet, along with Shanxi DMD Corp. in its October 2011 third anti-dumping administrative review.
But on Nov. 24, CIT Judge Timothy C. Stanceu decided that rate was incorrectly calculated, and said Commerce had been correct to adjust its duty-review methodology by wiping it out.
While these two companies were not individually targeted in the ITC's review, they were hit with the 28-cent margin on a separate rate finding. But the court chided Commerce for arriving at that figure based on the findings of the previous review, which did not involve those exporters.
When sending the 28-cent rate back to Commerce to be recalculated in August 2013, Stanceau had said it was not based on data pertaining to any pricing behavior that occurred during the review period and was arbitrary, in that it did not reflect commercial reality with respect to the two companies.
On remand, Commerce readjusted the companies' margins by looking to the findings of the two companies that were individually investigated in the process Calgon Carbon Tianjin Co. and Jacobi Carbons AB. Because those two companies were assigned a zero-dumping margin, the same followed for the others.
The case was initially filed by Baton Rouge, Louisiana-based Albemarle Corp. in 2011, seeking recalculation of the duty rates imposed on these companies as well as the zero percent rate applied to Calgon Carbon Tianjin Co. Ltd. and the 44-cent-per-kilogram rate applied to Albemarle's business partner Ningxia Huahui Activated Carbon Co. Ltd.
Huahuis rate was kept at 44 cents based on its previous activities and Calgons kept at zero, leaving only Cherishmet and Shangxis rate changed by the decision.
This rate only applies to these two companies, for Chinese activated carbon that entered the U.S. between April 1, 2009, and March 31, 2010. Activated carbon refers to steam-activated carbon often used to decolorize pharmaceutical components.
The case is Albemarle Corp et al. v. U.S., case number 11-00451, in the U.S. Court of International Trade.
--Additional reporting by Alex Lawson and Jonathan Randles. Editing by Chris Yates.
By Khadijah M. Britton