[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71480-71482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25059]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative Review; 
2014-2015

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

SUMMARY: On September 9, 2016, the Department of Commerce (the 
Department) published the final 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. We are 
amending the final results of the administrative review to correct 
certain ministerial errors.

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DATES: Effective October 17, 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 September 9, 2016, the Department published the final results of 
the administrative review of the antidumping duty order on SDGEs from 
the PRC.\1\ On September 12, 2016, and September 13, 2016, we received 
timely ministerial error allegations from SGL Carbon LLC and Superior 
Graphite Co. (the petitioners), and the Fangda Group,\2\ 
respectively.\3\ We also received rebuttal comments from the Fangda 
Group and Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) 
(collectively, the respondents).\4\
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    \1\ See Small Diameter Graphite Electrodes From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2014-2015, 81 FR 62474 (September 9, 2016) (Final Results), 
and the accompanying Issues and Decision Memorandum (Final Results 
Issues and Decision Memorandum).
    \2\ 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).
    \3\ See Letter from the petitioners to the Secretary of Commerce 
entitled, ``6th Administrative Review of Small Diameter Graphite 
Electrodes From the People's Republic of China--Petitioners' 
Ministerial Error Allegations,'' dated September 12, 2016 
(Petitioners' Ministerial Error Allegations); and Letter from the 
Fangda Group to the Secretary of Commerce entitled, ``Small Diameter 
Graphite Electrodes From China; Ministerial Error Allegation,'' 
dated September 13, 2016.
    \4\ See Letter from the respondents to the Secretary of Commerce 
entitled, ``Small Diameter Graphite Electrodes From China; Reply to 
Petitioners' Ministerial Error Allegation,'' dated September 19, 
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 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 Final Results 
Issues and Decision Memorandum.\5\
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    \5\ See Final Results Issues and Decision Memorandum at 2-3.
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Ministerial Errors

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' We analyzed the allegations submitted by the petitioners 
and the Fangda Group, and determined, in accordance with section 751(h) 
of the Act and 19 CFR 351.224(e), that we made ministerial errors in 
calculating the margin for the Fangda Group.\6\
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    \6\ See Memorandum from Senior Director James Maeder to Deputy 
Assistant Secretary Christian Marsh entitled, ``Small Diameter 
Graphite Electrodes From the People's Republic of China: Ministerial 
Error Allegations,'' dated concurrently with, and hereby adopted by, 
this notice.
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    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results.\7\ The revised weighted-average 
dumping margins are detailed below.
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    \7\ Id.
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Amended Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period February 1, 2014, through January 31, 2015:

------------------------------------------------------------------------
                                                                Margin
                                                               weighted
                                                                average
                           Company                              dumping
                                                                margin
                                                               (percent)
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Fangda Group................................................        0.69
Fushun Jinly Petrochemical Carbon Co., Ltd.\8\..............        0.00
Xuzhou Jianglong Carbon Products Co., Ltd.\9\...............        0.69
------------------------------------------------------------------------


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    \8\ This rate has not changed in these amended final results. 
See Petitioners' Ministerial Error Allegations.
    \9\ We assigned Xuzhou Jianglong Carbon Products Co., Ltd. 
(Xuzhou Jianglong), a company that was not individually examined and 
is eligible for a separate rate, the weighted-average dumping margin 
calculated for the Fangda Group (i.e., 0.69 percent). See also Final 
Issues and Decision Memorandum at 3.
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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 
amended 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 amended final results remains de minimis.\10\ For 
customers or importers of 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- or importer-specific ad valorem rates 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 0.69 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.\11\
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    \10\ 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).
    \11\ 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 these amended final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective

[[Page 71482]]

retroactively on any entries made on or after September 9, 2016, the 
date of publication of the Final Results, for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption 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 
the ``Amended Final Results of Review'' section; (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 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.

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to interested parties within five days after the public 
announcement of the amended final results in accordance with 19 CFR 
351.224(b).

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 amended final results of review are issued and published in 
accordance with sections 751(h) and 19 CFR 351.224(e) of the Act.

    Dated: October 11, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-25059 Filed 10-14-16; 8:45 am]
BILLING CODE 3510-DS-P