[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30438-30439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12930]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Preliminary Rescission of Antidumping Duty New Shipper Review; 
2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 30, 2014, the Department of Commerce (the 
Department) initiated the antidumping duty new shipper review of small 
diameter graphite electrodes from the People's Republic of China (PRC) 
for the period of review (POR) of February 1, 2014, through August 31, 
2014, for Xuzhou Jianglong Carbon Products Co., Ltd. (Jianglong).\1\ We 
preliminarily determine that Jianglong does not qualify as a new 
shipper and we are preliminarily rescinding this new shipper review.
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    \1\ See Small Diameter Graphite Electrodes From the People's 
Republic of China: Initiation of Antidumping Duty New Shipper 
Review, 79 FR 58742 (September 30, 2014) (Initiation Notice).

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DATES: Effective date: May 28, 2015.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3477 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the order includes all small diameter 
graphite electrodes of any length, whether or not finished, of a kind 
used in furnaces, with a nominal or actual diameter of 400 millimeters 
(16 inches) or less, and whether or not attached to a graphite pin 
joining system or any other type of joining system or hardware. The 
subject merchandise is currently classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010 
\2\ and 3801.10. The HTSUS numbers are provided for convenience and 
customs purposes, but the written description of the scope is 
dispositive. A full description of the scope of the order is contained 
in the Preliminary Decision Memorandum.\3\
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    \2\ The scope described in the order refers to the HTSUS 
subheading 8545.11.0000. We note 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.
    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Small Diameter Graphite 
Electrodes from the People's Republic of China'' (Preliminary 
Decision Memorandum), dated concurrently with these results and 
hereby adopted by this notice.
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Methodology

    We are conducting this new shipper review in accordance with 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.214. For a full description of the methodology 
underlying our conclusions, see Preliminary Decision Memorandum. A list 
of topics discussed in the Preliminary Decision Memorandum is included 
as Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and in the Central Records Unit, Room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be found at http://www.enforcment.trade.gov/frn/.

Preliminary Rescission of Review

    Based on information placed on the record by interested parties in 
the context of this new shipper review, we determine that Jianglong 
does not meet the minimum requirements in its request for a new shipper 
review under 19 CFR 351.214(b)(2)(iv)(A) and (C). Therefore, we 
preliminarily determine that it is appropriate to rescind the new 
shipper review with respect to Jianglong.\4\
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    \4\ We have not conducted a detailed bona fides analysis for 
these preliminary results due to the preliminary decision that 
Jianglong is not eligible for a new shipper review. See Preliminary 
Decision Memorandum.
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Disclosure and Public Comment

    We will disclose analysis performed to parties to the proceeding, 
normally not later than ten days after the day of the public 
announcement of, or, if there is no public announcement, within five 
days after the date of publication of, this notice.\5\
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    \5\ See 19 CFR 351.224(b)
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    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the publication of this notice, unless otherwise notified by the 
Department.\6\ Rebuttal briefs, limited to issues raised in the case 
briefs, will be due five days later.\7\ Parties who submit case or 
rebuttal briefs are requested to submit with each argument: (1) A 
statement of the issue; and (2) a brief summary of the argument. 
Parties are requested to provide a summary of the arguments not to 
exceed five pages and a table of statutes, regulations, and cases 
cited.
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    \6\ See 19 CFR 351.309(c)(ii).
    \7\ See 19 CFR 351.309(d).
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    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request within 
30 dates after the day of publication of this notice. A request should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed.\8\ 
Issues raised in the hearing will be limited to those raised in case 
briefs.
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    \8\ See 19 CFR 351.310(c).
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    We will issue the final rescission of this new shipper review or 
final results of this new shipper review, including the results of our 
analysis of issues raised in any briefs, within 90 days after

[[Page 30439]]

the date on which this preliminary rescission is issued, unless the 
deadline for the final results is extended.\9\
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    \9\ See 19 CFR 351.214(i).
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Assessment Rates

    Jianglong's entries are currently subject to the PRC-wide rate. 
Although we intend to rescind this new shipper review, we initiated an 
administrative review for the period February 1, 2014, through January 
31, 2015, which also covers the entries subject to this new shipper 
review.\10\ Accordingly, we will instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend entries during the period 
February 1, 2014, through January 31, 2015, of subject merchandise 
exported by Jianglong until CBP receives instructions relating to the 
administrative review covering the period February 1, 2014, through 
January 31, 2015.
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    \10\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202, 18212 (April 3, 2015).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this new shipper review, we will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Jianglong. If we proceed to a final 
rescission of this new shipper review, the cash deposit rate will 
continue to be the PRC-wide rate for Jianglong. If we issue final 
results of the new shipper review, we will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rate established therein.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: May 21, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
5. Recommendation

[FR Doc. 2015-12930 Filed 5-27-15; 8:45 am]
BILLING CODE 3510-DS-P