[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42888-42889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17771]
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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;
2018-2019
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, 2018, through January 31, 2019, based on the timely
withdrawal of the requests for review.
DATES: Applicable August 19, 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, including Fushun Jinly
Petrochemical Carbon Co., Ltd. (Fushun Jinly).\4\ On May 2, 2019, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act), 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
administrative review request with respect to all companies except
Fushun Jinly,\6\ and on July 23, 2019, we rescinded the administrative
review request for all companies, except Fushun Jinly.\7\ On July 31,
2019, the petitioner withdrew its administrative review request for
Fushun Jinly.\8\
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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. The petitioner's review request included Fushun Jinli
Petrochemical Carbon Co., Ltd. (emphasis added).
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019).
\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.
\7\ See Small Diameter Graphite Electrodes From the People's
Republic of China: Notice of Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 84 FR 35370 (July 23, 2019).
\8\ 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 31, 2019.
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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 timely withdrew its review requests by the
90-day deadline. No other parties requested an administrative review of
the antidumping duty order on small
[[Page 42889]]
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,
2018, through January 31, 2019, in its entirety.
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 13, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-17771 Filed 8-16-19; 8:45 am]
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