[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44852-44853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18439]
[[Page 44852]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Final Results of Expedited Second Sunset Review of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that revocation of the antidumping duty (AD) order on
small diameter graphite electrodes from the People's Republic of China
(China) would be likely to lead to continuation or recurrence of
dumping. The magnitude of the dumping margins likely to prevail are
indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable August 27, 2019.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn, 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) 482-0339.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2009, Commerce issued an AD order on small diameter
graphite electrodes from China.\1\
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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) (Order).
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On June 23, 2014, Commerce published the notice of continuation of
the Order.\2\ On May 1, 2019, Commerce published the notice of
initiation of the second sunset review of the Order.\3\
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\2\ See Small Diameter Graphite Electrodes From the People's
Republic of China: Continuation of Antidumping Duty Order, 79 FR
35523 (June 23, 2014).
\3\ See Initiation of Five-Year (Sunset) Review, 84 FR 18477
(May 1, 2019).
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On May 16, 2019, Commerce received notice of intent to participate
from Tokai Carbon GE LLC (Tokai Carbon), within the deadline specified
in 19 CFR 351.218(d)(1)(i).\4\ Tokai Carbon, a domestic producer of the
subject merchandise, claimed interested party status under section
771(9)(C) of the Tariff Act of 1930, as amended (the Act).\5\ On May
31, 2019, Commerce received adequate substantive responses from Tokai
Carbon within the 30-day period specified in 19 CFR
351.218(d)(3)(i).\6\ We received no substantive responses from any
respondent interested parties. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) sunset review of the Order.
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\4\ See Tokai Carbon's Letter, ``Five-Year (2nd Sunset) Review
of Antidumping Duty Order--Notice of Intent to Participate,'' dated
May 16, 2019.
\5\ Id.
\6\ See Tokai Carbon's Letter, ``Five-Year (2nd Sunset) Review
of Antidumping Duty Order--Domestic Industry's Substantive
Response,'' dated May 31, 2019.
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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 electrodes. 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, 3801.10, and 8545.11.0020. The HTSUS
numbers are provided for convenience and customs purposes, but the
written description of the scope is dispositive.
Analysis of Comments Received
All issues raised for the final results of this sunset review are
listed in the appendix to this notice and addressed in the Issues and
Decision Memorandum.\7\ The issues discussed in the Issues and Decision
Memorandum include the likelihood of the continuation or recurrence of
dumping and the magnitude of the margins of dumping likely to prevail.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov and
in the Central Records Unit, Room B8024 of the main Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Second Sunset Review of the Antidumping Duty Order on
Small Diameter Graphite Electrodes from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order on small diameter
graphite electrodes from China would be likely to lead to continuation
or recurrence of dumping, and that the magnitude of the margin of
dumping likely to prevail if the Order is revoked would be up to 159.64
percent.\8\
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\8\ Id.
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Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely 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.
Notification to Interested Parties
We are issuing and publishing the final results of this expedited
sunset review in accordance with sections 751(c), 752(c), and 777(i) of
the Act, and 19 CFR 351.218.
Dated: August 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Issues Addressed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Proceeding
V. Legal Framework
VI. Discussion of the Issues
[[Page 44853]]
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation
[FR Doc. 2019-18439 Filed 8-26-19; 8:45 am]
BILLING CODE 3510-DS-P