[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19134-19135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07150]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on small diameter 
graphite electrodes (SDGEs) from the People's Republic of China (China) 
would likely lead to a continuation or recurrence of dumping and 
material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD order.

DATES: Applicable April 6, 2020.

FOR FURTHER INFORMATION: 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 May 1, 2019, Commerce initiated a five-year sunset review of the 
AD order on SDGEs from China, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\1\ As a result of its

[[Page 19135]]

review, Commerce determined that revocation of the AD order on SDGEs 
from China would likely lead to a continuation or recurrence of dumping 
and, therefore, notified the ITC of the magnitude of the margins likely 
to prevail should the order be revoked.\2\ On March 27, 2020, the ITC 
published its determination, pursuant to section 751(c) of the Act, 
that revocation of the AD order on SDGEs from China would likely lead 
to a continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five-Year (Sunset) Review, 84 FR 18477 
(May 1, 2019).
    \2\ See Small Diameter Graphite Electrodes From the People's 
Republic of China: Final Results of Expedited Second Sunset Review 
of the Antidumping Duty Order, 84 FR 44852 (August 27, 2019).
    \3\ See Small Diameter Graphite Electrodes from China: 
Determination, 85 FR 17363 (March 27, 2020); see also Small Diameter 
Graphite Electrodes from China: Investigation No. 731-TA-1143 
(Second Review), USITC Publication 5035 (March 2020).
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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,\4\ 3801.10,\5\ and 8545.11.0020.\6\ 
The HTSUS numbers are provided for convenience and customs purposes, 
but the written description of the scope is dispositive.
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    \4\ The scope described in the order refers to the HTSUS 
subheading 8545.11.0000. We note that, starting in 2010, imports of 
small diameter graphite electrodes are classified in the HTSUS under 
subheading 8545.11.0010 and imports of large diameter graphite 
electrodes are classified under subheading 8545.11.0020.
    \5\ HTSUS subheading 3801.10 was added to the scope of the 
graphite electrodes order based on a determination in Small Diameter 
Graphite Electrodes from the People's Republic of China: Affirmative 
Final Determination of Circumvention of the Antidumping Duty Order, 
77 FR 47596 (August 9, 2012) (first circumvention determination). 
The products covered by the first circumvention determination are 
graphite electrodes (or graphite pin joining systems) that were 1) 
produced by UK Carbon and Graphite Co., Ltd. (UKCG) from China-
manufactured artificial/synthetic graphite forms, of a size and 
shape (e.g., blanks, rods, cylinders, billets, blocks, etc.), 2) 
which required additional machining processes (i.e., tooling and 
shaping) that UKCG performed in the United Kingdom (UK), and 3) were 
re-exported to the United States as UK-origin merchandise.
    \6\ HTSUS subheading 8545.11.0020 was added to the scope of the 
graphite electrodes order based on a determination in Small Diameter 
Graphite Electrodes from the People's Republic of China: Affirmative 
Final Determination of Circumvention of the Antidumping Duty Order 
and Rescission of Later-Developed Merchandise Anticircumvention 
Inquiry, 78 FR 56864 (September 16, 2013) (second circumvention 
determination). The products covered by the second circumvention 
determination are graphite electrodes produced and/or exported by 
Jilin Carbon Import and Export Company with an actual or nominal 
diameter of 17 inches.
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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the AD order on SDGEs from China. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the order will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: March 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-07150 Filed 4-3-20; 8:45 am]
 BILLING CODE 3510-DS-P