[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62474-62476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21782]


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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 Results of Antidumping Duty Administrative Review; 2014-
2015

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

SUMMARY: On March 9, 2016, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on small diameter graphite electrodes (SDGEs) 
from the People's Republic of China (the PRC). The period of review 
(POR) is February 1, 2014, through January 31, 2015. For the final 
results, we find that certain companies sold subject merchandise at 
less than normal value.

DATES: Effective September 9, 2016.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Michael A. 
Romani, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-0665 
or (202) 482-0198, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 9, 2016, the Department published the preliminary results 
of the administrative review of the antidumping duty order on SDGEs 
from the PRC.\1\ We received case and rebuttal briefs with respect to 
the Preliminary Results. On June 7, 2016, the Department extended the 
deadline for the final results by 60 days to September 6, 2016.\2\ The 
Department conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Rescission of Review In Part; 2014-2015, 
81 FR 12468 (March 9, 2016) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum from Dmitry Vladimirov, International Trade 
Compliance Analyst, Office I, Antidumping and Countervailing Duty 
Operations to Deputy Assistant Secretary Christian Marsh entitled, 
``Small Diameter Graphite Electrodes from the People's Republic of 
China: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated June 7, 2016.
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Scope of the Order

    The merchandise covered by the order includes all small diameter 
graphite electrodes with a nominal or actual

[[Page 62475]]

diameter of 400 millimeters (16 inches) or less and graphite pin 
joining systems for small diameter graphite electrodes. Small diameter 
graphite electrodes and graphite pin joining systems for small diameter 
graphite electrodes that are subject to the order are currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 8545.11.0010, 3801.10, and 8545.11.0020. While the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the order is dispositive. A 
full description of the scope of the order is contained in the Issues 
and Decision Memorandum.\3\
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    \3\ See Memorandum from Deputy Assistant Secretary Christian 
Marsh to Assistant Secretary Paul Piquado entitled, ``Issues and 
Decision Memorandum for the Administrative Review of the Antidumping 
Duty Order on Small Diameter Graphite Electrodes from the People's 
Republic of China; 2014-2015,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum), at 2-3.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
Appendix I. 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 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made revisions, 
including the valuation of certain factors of production, which changed 
the results for one individually examined company, the Fangda Group,\4\ 
but did not change the results for the other individually examined 
company, Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly). For 
further details on the changes we made for these final results, see the 
company-specific analysis memoranda, the Issues and Decision 
Memorandum, and the final surrogate value memorandum, dated 
concurrently with this notice.
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    \4\ We refer to the Fangda Group as a single entity pursuant to 
19 CFR 351.401(f)(1). See Small Diameter Graphite Electrodes From 
the People's Republic of China: Preliminary Determination of Sales 
at Less Than Fair Value, Postponement of Final Determination, and 
Affirmative Preliminary Determination of Critical Circumstances, in 
Part, 73 FR 49408, 49411-12 (August 21, 2008) (where we collapsed 
the individual members of the Fangda Group: Beijing Fangda Carbon 
Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon 
New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon 
Co., Ltd.), unchanged in Final Determination of Sales at Less Than 
Fair Value and Affirmative Determination of Critical Circumstances: 
Small Diameter Graphite Electrodes from the People's Republic of 
China, 74 FR 2049 (January 14, 2009).
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Rate for Non-Examined Separate Rate Respondent

    In these final results of the review, we calculated a zero or de 
minimis weighted-average dumping margin for Fushun Jinly, and a 
weighted-average dumping margin above de minimis for the Fangda Group. 
Accordingly, we used the weighted-average dumping margin calculated for 
the Fangda Group, which is 11.49 percent, as the rate for Xuzhou 
Jianglong Carbon Products Co., Ltd. (Xuzhou Jianglong), a company that 
was not individually examined and is eligible for a separate rate.\5\
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    \5\ See Issues and Decision Memorandum at 3-4 for a full 
discussion.
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Final Results of the Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist for the period 
February 1, 2014, through January 31, 2015:

------------------------------------------------------------------------
                                                                Margin
                          Company                             (percent)
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Fangda Group...............................................        11.49
Fushun Jinly Petrochemical Carbon Co., Ltd.................         0.00
Xuzhou Jianglong Carbon Products Co., Ltd..................        11.49
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Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
results, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), the Department will determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review. For entries of subject merchandise during the 
period of review produced by Fushun Jinly, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties 
because Fushun Jinly's weighted-average dumping margin in these final 
results is de minimis.\6\ For customers or importers of the the Fangda 
Group for which we do not have entered values, we will calculate 
customer- (or importer-) specific per unit duty assessment rates based 
on the ratio of the total amount of dumping calculated for the 
customer's (or importer's) examined sales of subject merchandise to the 
total sales quantity associated with those sales, in accordance with 19 
CFR 351.212(b)(1). For certain customers or importers of the Fangda 
Group for which we received entered-value information, we will 
calculate an antidumping duty assessment rate based on customer-/
importer-specific ad valorem rate in accordance with 19 CFR 
351.212(b)(1). For Xuzhou Jianglong, the assessment rate is equal to 
the weighted average dumping margin calculated for the Fangda Group, or 
11.49 percent. For entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate of 159.64 percent.\7\
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    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
    \7\ See Final Determination of Sales at Less Than Fair Value and 
Affirmative Determination of Critical Circumstances: Small Diameter 
Graphite Electrodes from the People's Republic of China, 74 FR 2049, 
2054-55.
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    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) No cash deposit will 
be required for subject merchandise exported by Fushun Jinly; (2) for 
subject merchandise exported by the Fangda Group and Xuzhou Jianglong, 
the cash deposit rate will be the rate established in these final 
results of review for each exporter as listed above; (3) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the exporter-specific rate; 
(4) for all PRC exporters of subject merchandise that have not been 
found

[[Page 62476]]

to be entitled to a separate rate, the cash deposit rate will be that 
for the PRC-wide entity, which is 159.64 percent; (5) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: September 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Separate Rates
V. Discussion of the Issues
    Comment 1: Eligibility for Separate Rate (Fangda Group and 
Xuzhou Jianglong)
    Comment 2: Whether Xuzhou Jianglong's Sale is Bona Fide
    Comment 3: Consumption of Needle Coke (Fangda Group and Fushin 
Jinly)
    Comment 4: Whether U.S. Sales are Bona Fide (Fangda Group and 
Fushin Jinly)
    Comment 5: Universe of Sales (Fangda Group)
    Comment 6: Reporting of Forming Scrap (Fangda Group)
    Comment 7: Claim for Silicon Carbide By-Product Offset (Fushin 
Jinly)
    Comment 8: Valuation of Certain By-Products/Scrap Items (Fangda 
Group and Fushin Jinly)
    Comment 9: Date of Sale (Fangda Group and Fushin Jinly)
    Comment 10: Tolling Data (Fangda Group)
    Comment 11: VAT Adjustment Calculation (Fangda Group)
VI. Recommendation

[FR Doc. 2016-21782 Filed 9-8-16; 8:45 am]
 BILLING CODE 3510-DS-P