[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56864-56865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22476]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Affirmative Final Determination of Circumvention of the 
Antidumping Duty Order and Rescission of Later-Developed Merchandise 
Anticircumvention Inquiry

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) determines that 
imports from the People's Republic of China (PRC) of graphite 
electrodes, produced and/or exported by Sinosteel Jilin Carbon Co., 
Ltd. and Jilin Carbon Import & Export Company (collectively, Jilin 
Carbon), with an actual or nominal diameter of 17 inches, and otherwise 
meeting the description of in-scope merchandise, constitute merchandise 
altered in form or appearance in such minor respects that it should be 
included within the scope of the Order, pursuant to section 781(c) of 
the Tariff Act of 1930, as amended (the Act).\1\
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    \1\ See Antidumping Duty Order: Small Diameter Graphite 
Electrodes From the People's Republic of China, 74 FR 8775 (February 
26, 2009) (Order).

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DATES: Effective Date: September 16, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, Office 
1, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC, 20230; telephone: (202) 482-0410, and (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 17, 2013, the Department published in the Federal Register 
the affirmative Preliminary Determination that graphite electrodes 
produced and/or exported by Jilin Carbon, with an actual or nominal 
diameter of 17 inches, and otherwise meeting the description of in-
scope merchandise, constitute merchandise altered in form or appearance 
in such minor respects that it should be included within the scope of 
the Order, pursuant to section 781(c) of the Act.\2\
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    \2\ See Small Diameter Graphite Electrodes From the People's 
Republic of China: Affirmative Preliminary Determination of 
Circumvention of the Antidumping Duty Order and Intent To Rescind 
Later-Developed Merchandise Circumvention Inquiry, 78 FR 22843 
(April 17, 2013) (Preliminary Determination).
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    On May 15, 2013, and May 17, 2013, SGL Carbon LLC and Superior 
Graphite Co. (Petitioners), Jilin Carbon, and Ceramark Technology, Inc. 
(Ceramark) filed case briefs.\3\ On May 22, 2013, Petitioners filed a 
rebuttal brief.\4\
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    \3\ See Petitioners' case brief dated May 17, 2013, Jilin 
Carbon's case brief dated May 17, 2013, and Ceramark's case brief 
dated May 15, 2013.
    \4\ See Petitioners' rebuttal brief dated May 22, 2013.
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    On June 27, 2013, we initially contacted U.S. International Trade 
Commission (ITC) staff via telephone to discuss our preliminary 
affirmative circumvention determination \5\ and on August 2, 2013, we 
formally notified the ITC of our Preliminary Determination.\6\ On 
August 16, 2013, the ITC sent a letter in reply.\7\
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    \5\ See Memorandum to the file, ``Circumvention Inquiry of the 
Antidumping Duty Order on Small Diameter Graphite Electrodes From 
the People's Republic of China: Informal Telephone Consultation With 
the International Trade Commission'' (August 2, 2013).
    \6\ See Letter to Irving A. Williamson, Chairman, U.S. 
International Trade Commission, ``Small Diameter Graphite Electrodes 
From the People's Republic of China: Notification of Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order'' (August 2, 2013).
    \7\ See Letter from Lisa R. Barton, ``Small Diameter Graphite 
Electrodes From China, Commerce Anticircumvention Inquiry A-570-
929'' (August 16, 2013).
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Scope of the Antidumping Duty Order

    The merchandise subject to the order is small diameter graphite 
electrodes. The small diameter graphite electrodes subject to the order 
is currently classifiable under the following subheadings of the 
Harmonized Tariff Schedule of the United States (HTSUS): 
8545.11.0010,\8\ 3801.10,\9\ and 8545.11.0020.\10\ The HTSUS 
subheadings are provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. The 
written description is dispositive.
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    \8\ The scope described in the Order refers to the HTSUS 
subheading 8545.11.0000. Petitioners have informed the Department 
that, starting in 2010, imports of small diameter graphite 
electrodes are classified in the HTSUS under subheading 8545.11.0010 
and imports of large diameter graphite electrodes are classified 
under subheading 8545.11.0020. See Letter from Petitioners, ``Small 
Diameter Graphite Electrodes: Request for Scope/Circumvention 
Ruling'' (April 5, 2012) at 5.
    \9\ HTSUS subheading 3801.10 was added to the scope of the Order 
based on a determination in a prior anticircumvention proceeding. 
See Small Diameter Graphite Electrodes From the People's Republic of 
China: Affirmative Final Determination of Circumvention of the 
Antidumping Duty Order, 77 FR 47596 (August 9, 2012).
    \10\ We have added this HTSUS subheading in order to capture the 
merchandise subject to this inquiry. See Memorandum from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Anticircumvention Inquiry Regarding the 
Antidumping Duty Order on Small Diameter Graphite Electrodes From 
the People's Republic of China: Issues and Decision Memorandum for 
the Final Determination of the Anticircumvention Inquiry'' dated 
concurrently with this notice (Issues and Decision Memorandum) at 
Comment 2.
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    The Issues and Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and is available to all parties in the Central Records Unit, room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/ia/. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

Scope of the Anticircumvention Inquiry

    The merchandise subject to this anticircumvention inquiry consists 
of graphite electrodes from the PRC, produced and/or exported by Jilin 
Carbon, Beijing Fangda Carbon-Tech Co., Ltd. and Fangda Carbon New 
Material Co., Ltd., and Fushun Jinly Petrochemical Carbon, with 
diameters

[[Page 56865]]

larger than 16 inches but less than 18 inches, and otherwise meeting 
the description of the scope of the Order. Consistent with the 
Preliminary Determination, we have limited the application of our 
affirmative final determination to graphite electrodes produced and/or 
exported by Jilin Carbon with an actual or nominal diameter of 17 
inches because record evidence shows that among the named producers, 
only Jilin Carbon produces or exports merchandise subject to this 
proceeding and, moreover, that Jilin Carbon produces and/or exports 
only 17-inch diameter graphite electrodes to the United States.\11\
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    \11\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration, 
``Preliminary Analysis Memorandum for the Circumvention Inquiry of 
the Antidumping Duty Order on Small Diameter Graphite Electrodes 
From the People's Republic of China'' dated April 17, 2013, at 3-4.
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Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this proceeding are addressed in the Issues and Decision Memorandum. A 
list of the issues which the parties raised and to which the Department 
responds in the Issues and Decision Memorandum is attached to this 
notice as an appendix. The Issues and Decision Memorandum is a 
proprietary document with a public version, and the public version is 
on file electronically via IA ACCESS.

Final Determination

    As detailed in the Issues and Decision Memorandum, we determine, 
pursuant to section 781(c) of the Act, that imports from the PRC of 
certain graphite electrodes, produced and/or exported by Jilin Carbon, 
with a diameter of 17 inches, and otherwise meeting the description of 
in-scope merchandise, constitute merchandise altered in form or 
appearance in such minor respects that it is properly subject to the 
Order.

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we are continuing to direct Customs and Border 
Protection to suspend liquidation and to require a cash deposit of 
estimated duties at the applicable rate on unliquidated entries of 
graphite electrodes, produced and/or exported by Sinosteel Jilin Carbon 
Co., Ltd. and Jilin Carbon Import & Export Company, with an actual or 
nominal diameter of 17 inches, and otherwise meeting the description of 
in-scope merchandise, that were entered, or withdrawn from warehouse, 
for consumption on or after June 25, 2012, the date of publication of 
the initiation of this inquiry.

Rescission of Later-Developed Merchandise Anticircumvention Inquiry

    Because we are making an affirmative determination of circumvention 
pursuant to section 781(c) of the Act, we do not find it necessary to 
determine pursuant to section 781(d) of the Act whether this is later-
developed merchandise that is circumventing the Order. Accordingly, we 
are rescinding the later-developed-merchandise anticircumvention 
inquiry.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    This determination of circumvention is in accordance with section 
781(c) of the Act and 19 CFR 351.225(i).

    Dated: September 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Discussion of the Issues

Comment 1: Whether Graphite Electrodes With a 17-inch Diameter 
Should Be Covered by the Order
Comment 2: Whether the Scope of the Order Should be Updated To 
Reflect Subsequent Anticircumvention Determinations

[FR Doc. 2013-22476 Filed 9-13-13; 8:45 am]
BILLING CODE 3510-DS-P