[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72777-72779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25553]


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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 Results of Antidumping Duty Administrative Review; 
2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on small diameter 
graphite electrodes (graphite electrodes) from the People's Republic of 
China (PRC), covering the period February 1, 2015, through January 31, 
2016. The Department has preliminarily determined that three companies, 
the Fangda Group, Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly), 
and Jilin Carbon Import and Export Company (Jilin Carbon), had no 
shipments of subject merchandise during the period of review (POR).

DATES: Effective October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 2016, we published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
graphite electrodes from the PRC for the POR February 1, 2015, through 
January 31, 2016.\1\ On April 7, 2016, in response to a timely request 
from the petitioners,\2\ and in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), 
we initiated an administrative review of the antidumping duty order on 
graphite electrodes from the PRC with respect to 196 companies.\3\ On 
August 19, 2016, in response to a timely withdrawal request from the 
petitioners, we rescinded the

[[Page 72778]]

administrative review for 193 companies.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 5712 (February 3, 2016).
    \2\ SGL Carbon LLC and Superior Graphite Co (collectively, the 
petitioners).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016).
    \4\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Rescission of Antidumping Duty Administrative 
Review in Part; 2015-2016, 81 FR 55434 (August 19, 2016).
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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 
merchandise covered by the order also includes graphite pin joining 
systems for small diameter graphite electrodes, of any length, whether 
or not finished, of a kind used in furnaces, and whether or not the 
graphite pin joining system is attached to, sold with, or sold 
separately from, the small diameter graphite electrode. Small diameter 
graphite electrodes and graphite pin joining systems for small diameter 
graphite electrodes are most commonly used in primary melting, ladle 
metallurgy, and specialty furnace applications in industries including 
foundries, smelters, and steel refining operations. 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,\5\ 3801.10,\6\ and 8545.11.0020.\7\ 
The HTSUS numbers are provided for convenience and customs purposes, 
but the written description of the scope is dispositive.
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    \5\ 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.
    \6\ HTSUS subheading 3801.10 was added to the scope of the 
graphite electrodes order based on a determination in 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) (first circumvention determination). 
The products covered by the first circumvention determination are 
graphite electrodes (or graphite pin joining system) that were (1) 
produced by UK Carbon and Graphite Co., Ltd. (UKCG) from PRC-
manufactured artificial/synthetic graphite forms, of a size and 
shape (e.g., blanks, rods, cylinders, billets, blocks, etc.), (2) 
which required additional machining processes (i.e., tooling and 
shaping) that UKCG performed in the United Kingdom (UK), and (3) 
were re-exported to the United States as UK-origin merchandise.
    \7\ HTSUS subheading 8545.11.0020 was added to the scope of the 
graphite electrodes order based on a determination in 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, 78 FR 56864 (September 16, 2013) (second circumvention 
determination). The products covered by the second circumvention 
determination are graphite electrodes produced and/or exported by 
Jilin Carbon Import and Export Company with an actual or nominal 
diameter of 17 inches.
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Preliminary Determination of No Shipments

    On April 11, 2016, we requested the U.S. Customs and Border 
Protection (CBP) data during the POR for all entries of graphite 
electrodes produced or exported by the companies for which we initiated 
the administrative review and released that information to the parties. 
We received timely submissions from the Fangda Group,\8\ Fushun Jinly, 
and Jilin Carbon reporting that they did not have sales, shipments, or 
exports of the subject merchandise during the POR.\9\ For each of these 
companies, we transmitted a ``No Shipments Inquiry'' to CBP.\10\ 
Pursuant to these inquiries, we received no notification from CBP of 
any entries of subject merchandise concerning these companies. 
Accordingly, based on record evidence, we preliminarily determine that 
the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments and, 
therefore, no reviewable transactions during the POR. Further, 
consistent with our practice, we find that it is not appropriate to 
rescind the review with respect to these companies but, rather, to 
complete the review and issue appropriate instructions to CBP based on 
the final results of review.\11\
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    \8\ 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).
    \9\ See the Fangda Group's Letter dated May 6, 2016, Fushun 
Jinly's Letter dated May 5, 2016, and Jilin Carbon's Letter dated 
May 9, 2016.
    \10\ See CBP messages 6197311, 6197312, and 6197313, all dated 
July 15, 2016.
    \11\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\12\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\13\ Parties who 
submit case or rebuttal briefs in this proceeding are encouraged to 
submit with each argument (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\15\ Hearing requests 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. 
Issues raised in the hearing will be limited to those issues raised in 
the respective case briefs. If a request for a hearing is made, parties 
will be notified of the time and date of the hearing which will be held 
at the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington DC 20230.
    Unless extended, we intend to issue the final results in this 
administrative review, including the results of our analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\16\ We intend to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. Pursuant to the Department's practice in non-market economy 
cases, if we continue to determine in the final results that the Fangda 
Group, Fushun Jinly, and Jilin Carbon had no shipments of subject

[[Page 72779]]

merchandise, any suspended entries of subject merchandise during the 
POR from these companies will be liquidated at the PRC-wide rate.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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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 entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided by section 751(a)(2)(C) of the 
Act: (1) For previously investigated or reviewed PRC and non-PRC 
exporters that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) 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 the PRC-wide rate of 159.64 percent; and 
(3) 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.

Notifications to Importers

    This notice 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 may result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: October 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-25553 Filed 10-20-16; 8:45 am]
 BILLING CODE 3510-DS-P