[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

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    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