[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62318-62319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19526]


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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 Antidumping Duty Administrative Review; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) made sales 
of small diameter graphite electrodes from the People's Republic of 
China (China) at less than normal value during the period of review 
(POR) February 1, 2021, through January 31, 2022.

DATES: Applicable September 11, 2023.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5973.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on March 7, 2023.\1\ For 
a discussion of events subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act). On June 28, 2023, we extended the deadline for these final 
results to September 5, 2023.\3\
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    \1\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Rescission of Review, in Part; 2021-2022, 
88 FR 14133 (March 7, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated June 28, 2023.
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Scope of the Order

    The product covered by the order includes all small diameter 
graphite electrodes with a nominal or actual diameter of 400 
millimeters (16 inches) or less and graphite pin joining systems for 
small diameter graphite electrodes. A full description of the scope of 
the order is provided in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of these issues is attached as 
an appendix to this notice.\4\ 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Appendix.
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Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made one 
revision to the margin calculation for Fushun Jinly as explained in 
Comment 2 of the Issues and Decision Memorandum.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for Fushun Jinly for the period February 1, 2021, through 
January 31, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                        Exporter                          dumping margin
                                                            (percent)
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., Ltd.............           30.14
------------------------------------------------------------------------

    Because no party requested a review of the China-wide entity, and 
Commerce no longer considers the China-wide entity as an exporter 
conditionally subject to administrative reviews,\5\ we did not conduct 
a review of the China-wide entity. Thus, the weighted-average dumping 
margin for the China-wide

[[Page 62319]]

entity (i.e., 159.64 percent) \6\ is not subject to change as a result 
of this review.
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    \5\ 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, 65969-70 (November 
4, 2013).
    \6\ 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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Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these final results of review. We intend 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of these final results. 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).
    Because Fushun Jinly did not report entered value, we calculated a 
per-unit rate for each importer (or customer) by dividing the total 
amount of dumping calculated for reviewed sales to that party by the 
total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer- (or customer-) specific assessment rate 
is zero or de minimis (i.e., less than 0.50 percent), Commerce will 
instruct CBP to assess that importer's (or customer's) entries of 
subject merchandise without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). 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).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for Fushun Jinly the 
cash deposit rate will be the margin listed above; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that have separate rates, the cash deposit rate will continue to 
be the exporter-specific rate published for the most recently completed 
segment of this proceeding in which they were reviewed; (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 equal to the 
weighted-average dumping margin 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(s) that supplied 
that non-Chinese exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

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

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: September 5, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether To Revise the Primary Surrogate Country 
Selection
    Comment 2: Whether To Revise the Surrogate Value for Labor
    Comment 3: Whether To Allow a By-Product Offset
    Comment 4: Whether the By-Product Offset Surrogate Value Is 
Appropriate
    Comment 5: Whether the Tollers' Factors of Production Are 
Reliable
    Comment 6: Whether To Revise the Freight Expense to and From the 
Tollers
VI. Recommendation

[FR Doc. 2023-19526 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-DS-P