[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42461-42462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18093]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Notice of Rescission of Antidumping Duty Administrative Review;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty order on small diameter
graphite electrodes from the People's Republic of China (China) for the
period February 1, 2017, through January 31, 2018, based on the timely
withdrawal of the requests for review.
DATES: Applicable August 22, 2018.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 or (202)
482-0131, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2009, Commerce published in the Federal Register
the antidumping duty order on small diameter graphite electrodes from
[[Page 42462]]
China.\1\ On February 1, 2018, Commerce published a notice of
opportunity to request an administrative review of the antidumping duty
order on small diameter graphite electrodes from China for the period
of review February 1, 2017, through January 31, 2018.\2\
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\1\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
26, 2009).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 4639 (February 1, 2018).
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On February 28, 2018, Tokai Carbon GE LLC (the petitioner) \3\
requested an administrative review of the order for 192 producers and/
or exporters of the subject merchandise, including Fushun Jinly
Petrochemical Carbon Co., Ltd.\4\ In addition, on February 28, 2018,
producer and exporter Fushun Jinly Petrochemical Carbon Co., Ltd.
(Fushun Jinly) requested a review of itself.\5\ On April 16, 2018, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act), and, we initiated an administrative review of the order on
small diameter graphite electrodes from China with respect to 193
companies.\6\ On May 4, 2018, the petitioner withdrew its
administrative review request with respect to all companies except
Fushun Jinly,\7\ and on June 26, 2018, we rescinded the administrative
review request for all companies, except Fushun Jinly.\8\ On July 17,
2018, the petitioner withdrew its administrative review request for
Fushun Jinly.\9\ Additionally, on July 17, 2018, Fushun Jinly withdrew
its administrative review request of itself.\10\
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\3\ Formerly, SGL Carbon LLC and Superior Graphite Co.
\4\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China--Request for
Initiation of Antidumping Administrative Review,'' dated February
28, 2018. The petitioner's review request included Fushun Jinli
Petrochemical Carbon Co., Ltd. (emphasis added).
\5\ See Fushun Jinly Petrochemical Carbon Co., Ltd.'s, ``Small
Diameter Graphite Electrodes from the People's Republic of China:
Request for an Administrative Review,'' dated February 28, 2018. For
purposes of this review, we are treating Fushun Jinli Petrochemical
Carbon Co., Ltd. and Fushun Jinly Petrochemical Carbon Co., Ltd. as
the same respondent company. In a prior administrative review of
electrodes from China, we found that Fushun Jinly Petrochemical
Carbon Co., Ltd. is the same entity as Fushun Jinli Petrochemical
Carbon Co., Ltd. See, e.g., Small Diameter Graphite Electrodes from
the People's Republic of China: Final Results of the Antidumping
Duty Administrative Review, 77 FR 40854, 40856 n.3 (July 11, 2012).
Consistent with this determination, and in the absence of contrary
evidence, we are continuing to treat these companies as the same
entity. See also Memorandum, ``Antidumping Duty Administrative
Review: Small Diameter Graphite Electrodes form the People's
Republic of China--Respondent Selection,'' dated May 15, 2018.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 16298 (April 16, 2018). Because the
petitioner requested a review for Fushun Jinli Petrochemical Carbon
Co., Ltd. and Fushun Jinly requested a review of itself under the
name Fushun Jinly Petrochemical Carbon Co., Ltd., we initiated a
review with respect to 193 companies.
\7\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China: Petitioner's
Withdrawal of Certain Requests for Review,'' dated May 4, 2018.
\8\ See Small Diameter Graphite Electrodes From the People's
Republic of China: Notice of Partial Rescission of Antidumping Duty
Administrative Review; 2017-2018, 83 FR 29747 (June 26, 2018).
\9\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China--Petitioner's
Withdrawal of Request for Review,'' dated July 17, 2018.
\10\ See Fushun Jinly's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China: Withdrawal of
Administrative Review Request,'' dated July 17, 2018.
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Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the date of
publication of the notice of initiation of the requested review. In
this case, the petitioner and Fushun Jinly timely withdrew their review
requests by the 90-day deadline. No other parties requested an
administrative review of the antidumping duty order on small diameter
graphite electrodes from China. Therefore, we are rescinding the
administrative review of the antidumping duty order on small diameter
graphite electrodes from China for the period February 1, 2017, through
January 31, 2018.
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries. Antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions to CBP 15 days after publication of this notice in the
Federal Register.
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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
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), which continues to govern
business proprietary information in this segment of the proceeding.
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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: August 17, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-18093 Filed 8-21-18; 8:45 am]
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