[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14133-14136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Preliminary Results of the Antidumping Duty Administrative 
Review and Rescission of Review, in Part; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun 
Jinly), the sole mandatory respondent in this review and an exporter of 
small diameter graphite electrodes (SDGE) from the People's Republic of 
China (China), sold subject merchandise in the United States at prices 
below normal value (NV) during the period of review (POR) February 1, 
2021, through January 31, 2022. Further, we are rescinding the review 
with respect to all other companies for which a review was initiated 
for this POR. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable March 7, 2023.

FOR FURTHER INFORMATION CONTACT: Samuel Glickstein, 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) 482-5307.

SUPPLEMENTARY INFORMATION: 

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
April 12, 2022, Commerce published the notice of

[[Page 14134]]

initiation of this administrative review.\1\ The review was initiated 
with respect to 204 companies.\2\ On June 2, 2022, Commerce selected 
Fushun Jinly as the sole mandatory respondent for this administrative 
review because Fushun Jinly was the only company under review that 
submitted a separate rate application or separate rate 
certification.\3\ On June 7, 2022, Commerce issued the antidumping duty 
questionnaire to Fushun Jinly.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation 
Notice).
    \2\ Id. at 21638 (``Where interested parties requested review of 
a company name combined with an alternative name (i.e., an a.k.a. 
name that is not an abbreviation) or a former company name, Commerce 
treated the different versions of the company name separately for 
review initiation purposes.'').
    \3\ See Memorandum, ``Respondent Selection,'' dated June 2, 
2022.
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    On October 5, 2022, we extended the deadline for the preliminary 
results of this administrative review from October 31, 2022, until 
February 14, 2023.\4\ On January 11, 2023, we further extended the 
deadline for the preliminary results of this administrative review 
until February 28, 2023.\5\ For a complete description of the events 
that followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum.\6\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated October 
5, 2022.
    \5\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated January 11, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Small Diameter 
Graphite Electrodes from the People's Republic of China; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order \7\
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    \7\ See Antidumping Duty Order: Small Diameter Graphite 
Electrodes from the People's Republic of China, 74 FR 8775 (February 
20, 2009) (Order); and Small Diameter Graphite Electrodes from the 
People's Republic of China: Continuation of Antidumping Duty Order, 
85 FR 19134 (April 26, 2020).
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    The merchandise covered by the Order is small diameter graphite 
electrodes, which are currently classified under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 8545.11.0010, 
3801.10, and 8545.11.0020. Although the HTSUS subheading and ASTM 
specification are provided for convenience and for customs purposes, 
the written description of the subject merchandise is dispositive. For 
a complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices 
in accordance with section 772 of the Act. Because China is a non-
market economy (NME) country within the meaning of section 771(18) of 
the Act, NV has been calculated in accordance with section 773(c) of 
the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
June 10, 2022, Tokai Carbon GE LLC and GrafTech International Ltd. (the 
domestic industry) withdrew its request for review of all companies 
included in its request, except Fushun Jinly.\8\ No other party 
requested a review of these 203 companies. Accordingly, Commerce is 
rescinding the administrative review with respect to all companies 
included in the Initiation Notice, except Fushun Jinly.\9\ See the 
Preliminary Decision Memorandum for a complete list of these 
companies.\10\
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    \8\ See Domestic Industry's Letter, ``Partial Withdrawal of 
Request for 2021-2022 Antidumping Administrative Review,'' dated 
June 10, 2022.
    \9\ See 19 CFR 351.213(d)(1).
    \10\ We note that Beijing Fangda Carbon Tech Co., Ltd., Chengdu 
Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., 
Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd. comprise a 
single entity: The Fangda Group. These five companies are listed as 
a single entity in the Preliminary Decision Memorandum.
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Separate Rates

    Commerce preliminarily finds that the information placed on the 
record by Fushun Jinly demonstrates that it is eligible for a separate 
rate. For additional information, see the Preliminary Decision 
Memorandum.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\11\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity 
and no review was initiated for this POR, the China-wide entity is not 
under review, and the China-wide entity's rate (i.e., 159.64 percent) 
is not subject to change.\12\ For additional information, see the 
Preliminary Decision Memorandum.
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    \11\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \12\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2015-2016, 82 FR 
10876, 10877 (February 16, 2017).
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., Ltd..............           24.95
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Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    A timeline for the submission of case briefs and written comments 
will be provided to interested parties at a later date. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than seven days after the deadline date for case briefs.\13\ 
Parties who submit a case brief or a rebuttal brief in this proceeding 
are encouraged to submit with each argument: (1) a statement of the 
issue; (2) a brief

[[Page 14135]]

summary of the argument; and (3) a table of authorities.
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    \13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect.'')).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
(3) whether any participant is a foreign national; and (4) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.\14\ 
If a request for a hearing is made, Commerce will announce the date and 
time of the hearing.
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    \14\ See 19 CFR 351.310(c).
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    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's electronic records system, ACCESS,\15\ and 
must also be served on interested parties.\16\ An electronically filed 
document must be received successfully in its entirety by ACCESS, by 5 
p.m. Eastern Time (ET) on the date that the document is due. Note that 
Commerce has modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\17\
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    \15\ See 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of its 
analysis of issues raised in any briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review. 
Upon issuance of the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\18\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the publication of the final results 
of this review. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \18\ See 19 CFR 351.212(b)(1).
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    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b). If Fushun Jinly's 
ad valorem weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent) in the final results of this review, 
Commerce will calculate importer-specific assessment rates for that 
respondent, in accordance with 19 CFR 351.212(b)(1).\19\ Because Fushun 
Jinly did not report entered value, we will calculate importer-specific 
per-unit duty assessment rates based on the ratio of the total amount 
of antidumping duties calculated for the examined sales to the total 
quantity of those sales. To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also will calculate an importer-specific ad valorem 
ratio based on estimated entered values.
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    \19\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    If, in the final results, Fushun Jinly's weighted-average dumping 
margin is zero or de minimis (i.e., less than 0.5 percent), Commerce 
will instruct CBP to liquidate the appropriate entries for that 
respondent without regard to antidumping duties.\20\ For entries that 
were not reported in the U.S. sales database submitted by Fushun Jinly 
during this review, Commerce will instruct CBP to liquidate such 
entries at the antidumping duty assessment rate for the China-wide 
entity (i.e., 159.64 percent).\21\
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    \20\ See 19 CFR 351.106(c)(2).
    \21\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 at 65694-65695, for a full 
discussion of this practice.
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    For the companies for which we have rescinded this review, Commerce 
intends to instruct CBP to assess antidumping duties on all appropriate 
entries at a rate equal to the cash deposit rate of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during February 1, 2021, through January 
31, 2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends 
to issue appropriate assessment instructions to CBP for the rescinded 
companies no earlier than 35 days after the date of publication of the 
preliminary results of this administrative review in the Federal 
Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for Fushun Jinly, 
the cash deposit rate will be equal to the weighted-average dumping 
margin established in the final results of this review (except, if the 
rate is de minimis, then the cash deposit rate will be zero); (2) for 
previously examined Chinese and non-Chinese exporters not listed above 
that received a separate rate in a prior completed segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific cash deposit rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 159.64 percent); and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).


[[Page 14136]]


    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondent
VI. Partial Rescission of Review
VII. Discussion of the Methodology
VIII. Recommendation

[FR Doc. 2023-04570 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P