[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Notices]
[Pages 35370-35371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15617]


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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 Partial Rescission of Antidumping Duty Administrative 
Review; 2018-2019

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

SUMMARY: On May 2, 2019, The Department of Commerce (Commerce) 
published a notice of initiation of an administrative review of the 
antidumping duty order on small diameter graphite electrodes from the 
People's Republic of China (China). Based on the timely withdrawal of 
the requests for review of certain companies, we are now rescinding 
this administrative review for the period February 1, 2018, through 
January 31, 2019, with respect to 198 companies.

DATES: Applicable July 23, 2019.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, 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.

SUPPLEMENTARY INFORMATION:

Background

    On February 26, 2009, Commerce published in the Federal Register 
the antidumping duty order on small diameter graphite electrodes from 
China.\1\ On February 8, 2019, 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, 2018, through January 31, 2019.\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, 84 FR 2816 (February 8, 2019).
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    On February 28, 2019, Tokai Carbon GE LLC (the petitioner) \3\ 
requested an administrative review of the order for 199 producers and/
or exporters of the subject merchandise.\4\ On May 2, 2019, 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 order on small diameter graphite electrodes from China 
with respect to 199 companies.\5\ On July 11, 2019, the petitioner 
withdrew its request for an administrative review of 198 out of the 199 
companies listed in its review request.\6\ See the Initiation Notice 
for the full list of companies for which Commerce initiated a review.
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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, 2019.
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation 
Notice).
    \6\ 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 July 11, 2019. 
The petitioner withdrew its review request with respect to all 
companies except for Fushun Jinly Petrochemical Carbon Co., Ltd.
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Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce 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 publication of 
the notice of initiation of the requested review. In this case, the 
petitioner timely withdrew its review request, in part, by the 90-day 
deadline, and no other party requested an administrative review of the 
antidumping duty order for the companies for which the petitioner 
withdrew its review request. Therefore, we are rescinding the 
administrative review of the antidumping duty order

[[Page 35371]]

on small diameter graphite electrodes from China for the period 
February 1, 2018, through January 31, 2019, with respect to the 198 
companies for which all review requests were withdrawn. The review will 
continue with respect to the remaining company, Fushun Jinly 
Petrochemical Carbon Co., Ltd. (aka Fushun Jinli Petrochemical Carbon 
Co., Ltd.).

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries. For the companies 
for which this review is rescinded, 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 directly to CBP 15 
days after publication of this 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 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). 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 violation which 
is subject to sanction.
    We intend to issue and publish this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: July 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2019-15617 Filed 7-22-19; 8:45 am]
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