[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62516-62517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


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

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

SUMMARY: On May 28, 2015, the Department of Commerce (the Department) 
published its Preliminary Rescission of the new shipper review of the 
antidumping duty order on 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\ For these final results, we continue 
to find that Jianglong's request does not satisfy the regulatory 
requirements for a new shipper review. Accordingly, we are rescinding 
the new shipper review for Jianglong.
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    \1\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Preliminary Rescission of Antidumping Duty New 
Shipper Review; 2014, 80 FR 30438 (May 28, 2015) (Preliminary 
Rescission).

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DATES: Effective date: October 16, 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:

Background

    In the Preliminary Rescission, the Department found that Jianglong 
is affiliated with Shanghai Carbon International Trade Co., Ltd. 
(Shanghai Carbon), which, as part of the PRC-wide Entity in the 2012-
2013 administrative review, had shipments of subject merchandise to the 
United States. While conceding its affiliation with Shanghai Carbon, 
Jianglong did not certify its first U.S. entry or shipment and U.S. 
sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), 
respectively. Jianglong also did not request a new shipper review 
within one year of its first U.S. entry or shipment, as required by 19 
CFR 351.214(c).
    We received case and rebuttal briefs with respect to the 
Preliminary Rescission and, at the request of

[[Page 62517]]

interested parties, held a hearing on August 5, 2015. We extended the 
due date for the final results of the review to October 5, 2015.\2\ We 
conducted 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.
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    \2\ See memorandum entitled, ``Small Diameter Graphite 
Electrodes from the People's Republic of China: Extension of 
Deadline for Final Results of Antidumping Duty New Shipper Review; 
02/01/2014-08/31/2014'' dated August 6, 2015.
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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 
\3\ 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 Issues and Decision Memorandum.\4\
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    \3\ The scope described in the order refers to the HTSUS 
subheading 8545.11.0000. We point out 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.
    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for Final Rescission of Antidumping 
Duty New Shipper Review: Small Diameter Graphite Electrodes from the 
People's Republic of China'' (Issues and Decision Memorandum), dated 
concurrently with and hereby adopted by this notice.
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Final Rescission of Jianglong

    As we explain in the Issues and Decision Memorandum, we continue to 
find that, because Jianglong is affiliated with an entity that had 
prior shipments of subject merchandise for consumption to the United 
States, and did not request a new shipper review within one year of 
those shipments, it is ineligible for a new shipper review. First, 
Jianglong did not certify its first U.S. entry or shipment and U.S. 
sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), 
respectively. Second, Jinaglong did not request a new shipper review 
within one year of reporting its first U.S. entry or shipment, thus 
failing to satisfy the requirement of 19 CFR 351.214(c). Because 
Jianglong's new shipper review request does not satisfy these 
regulatory requirements, we are rescinding the review.\5\
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    \5\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and 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, B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the 
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Jianglong, we will instruct U.S. Customs and Border 
Protection (CBP) to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
by Jianglong, in accordance with section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e). Cash deposits will be required for exports of 
subject merchandise by Jianglong entered, or withdrawn from warehouse, 
for consumption on or after the publication date at the ad valorem PRC-
wide rate, 159.64 percent.

Assessment Rates

    Entries of subject merchandise made by Jianglong covered by this 
new shipper review are within the POR covered by the administrative 
review initiated on April 3, 2015 (February 1, 2014 through January 31, 
2015).\6\ Because Jianglong's entries are also covered by that 
administrative review and the POR of the new shipper review is within 
the POR of the administrative review, we will issue liquidation 
instructions and assess duties for Jianglong's entries upon completion 
of the ongoing administrative review. Accordingly, we will instruct CBP 
to assess antidumping duties on entries for Jianglong at the 
appropriate rate determined in the final results of the administrative 
review.
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    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2015).
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Notification to Importers

    This notice also serves as a 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)(3).

     Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Issues Addressed in the Final Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Rescission of the New Shipper Review
    Comment 2: The Bona Fides of the U.S. Sale
    Comment 3: Surrogate Value for Coal Gas
Recommendation

[FR Doc. 2015-25984 Filed 10-15-15; 8:45 am]
BILLING CODE 3510-DS-P