[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3792-3797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00656]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-194]
Active Anode Material From the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 7, 2025.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, Office II, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
The Petition
On December 18, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of active
anode material from the People's Republic of China (China) filed in
proper form on behalf of the American Active Anode Material Producers
(the petitioner),\1\ an ad hoc trade association of domestic
producers.\2\ The AD Petition was accompanied by a countervailing duty
(CVD) petition concerning imports of active anode material from
China.\3\
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\1\ The members of the American Active Anode Material Producers
are Anovion Technologies, Syrah Technologies LLC, NOVONIX Anode
Materials LLC, Epsilon Advanced Materials, and SKI US, Inc.
\2\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated December 18, 2024
(Petition).
\3\ Id.
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On December 20, 2024 and January 2, 2025, Commerce requested
supplemental information pertaining to certain aspects of the Petition
in supplemental questionnaires.\4\ On December 27, 2024 and January 3,
2025, the petitioner filed timely responses to these requests for
additional information.\5\
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\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
December 20, 2024 (General Issues Questionnaire); and ``Supplemental
Questions,'' dated December 20, 2024; see also Memorandum, ``Phone
Call with Counsel to the Petitioner,'' dated January 2, 2025.
\5\ See Petitioner's Letters, ``Response to Supplemental
Questions Regarding Common Issues and Injury Volume I of the
Petitions,'' dated December 27, 2024 (First General Issues
Supplement); ``Response to Supplemental Petition Questionnaire,''
dated December 27, 2024; and ``Response to Supplemental Questions
Regarding Volume I of the Petitions,'' dated January 3, 2025 (Second
General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of active anode
material from China are being, or are likely to be, sold in the United
States at less than fair value (LTFV) within the meaning of section 731
of the Act, and that imports of such products materially retard the
establishment of an industry in the United States, or in the
alternative, that such products are materially injuring, or threaten
material injury to, the active anode material industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\6\
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\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition was filed on December 18, 2024, and because
China
[[Page 3793]]
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the LTFV
investigation is April 1, 2024, through September 30, 2024.
Scope of the Investigation
The product covered by this investigation is active anode material
from China. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on the Scope of the Investigation
On December 20, 2024, and January 2, 2025, Commerce requested
information and clarification from the petitioner regarding the
proposed scope to ensure that the scope language in the Petition is an
accurate reflection of the products for which the domestic industry is
seeking relief.\7\ On December 27, 2024, and January 3, 2025, the
petitioner provided clarifications and revised the scope.\8\ The
description of merchandise covered by this investigation, as described
in the appendix to this notice, reflects these clarifications.
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\7\ See General Issues Questionnaire; see also January 3, 2025,
Memorandum.
\8\ See First General Issues Supplement at 2-5; see also Second
General Issues Supplement at 1-6 and Exhibits I-Supp2-1 through I-
Supp2-3.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on January 27, 2025, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, and should also be limited to public information,
must be filed by 5:00 p.m. ET on February 6, 2025, which is 10 calendar
days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of active anode material to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOPs) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
January 27, 2025, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on
February 6, 2025, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is
[[Page 3794]]
``the article subject to an investigation'' (i.e., the class or kind of
merchandise to be investigated, which normally will be the scope as
defined in the petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\14\ Based on our analysis of the information
submitted on the record, we have determined that active anode material,
as defined in the scope, constitutes a single domestic like product,
and we have analyzed industry support in terms of that domestic like
product.\15\
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\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Active Anode Material from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (China AD
Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Active Anode Material from the People's Republic of China
(Attachment II). This checklist is on file electronically via
ACCESS.
\15\ See Attachment II of the China AD Initiation Checklist.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2023 production of the domestic like product for the supporters of the
Petition and compared this to total 2023 production for the U.S. active
anode material industry.\16\ We relied on data provided by the
petitioner for purposes of measuring industry support.\17\
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\16\ Id.
\17\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
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On December 30, 2024, we received timely filed comments on industry
support from Tesla, Inc. (Tesla), a U.S. importer of active anode
material.\18\ On January 2, 2025, the petitioner responded to the
comments from Tesla in a timely filed rebuttal submission.\19\
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\18\ See Tesla's Letter, ``Request to Reject the Petition or to
Poll the Industry,'' dated December 30, 2024.
\19\ See Petitioner's Letter, ``Rebuttal Industry Support
Comments,'' dated January 2, 2025 (Petitioner's Response).
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, the
Petitioner's Response, and other information readily available to
Commerce indicates that the petitioner has established industry support
for the Petition.\20\ First, the Petition established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\21\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petition account for at least 25 percent of
the total production of the domestic like product.\22\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition.\23\ Accordingly, Commerce determines that
the Petition was filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\24\
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\20\ See Attachment II of the China AD Initiation Checklist.
\21\ Id.; see also section 732(c)(4)(D) of the Act.
\22\ See Attachment II of the China AD Initiation Checklist.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
Section 773(a)(1)(B) of the Act states that the ITC ``shall
determine . . . whether there is a reasonable indication that the
establishment of an industry in the United States is materially
retarded by reason of imports of the subject merchandise.'' The
petitioner alleges that imports of subject merchandise sold at LTFV
from China have materially retarded the establishment of the U.S.
industry producing active anode material.\25\ The petitioner argues
that that its production has been ``modest'' and has not stabilized
and, therefore, the U.S. industry producing active anode material has
not been established.\26\ To support its argument, the Petitioner
examines the five factors \27\ considered by the ITC to determine if an
industry is established,\28\ as set forth in the ITC's AD/CVD
Handbook.\29\ If the ITC determines that an industry is not
established, it then considers whether the performance of the industry
reflects normal start-up difficulties or whether the imports of the
subject merchandise have materially retarded the establishment of the
industry.\30\ The petitioner contends that the domestic industry has
performed substantially worse than what could reasonably be expected
during normal start-up conditions, thereby demonstrating that the
establishment of the domestic industry has been materially retarded by
subject imports.\31\ The petitioner also alleges that, in the
alternative, the U.S. industry producing the domestic like product is
being materially injured, or is threatened with material injury, by
reason of the imports of the subject merchandise sold at less than
LTFV.\32\ In addition, the petitioner alleges that subject imports from
China exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\33\
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\25\ For a discussion of the material retardation allegation,
see China AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Retardation, Material Injury,
and Causation for the Antidumping and Countervailing Duty Petitions
Covering Active Anode Material from the People's Republic of China
(Attachment III).
\26\ See Attachment III of the China AD Checklist.
\27\ For a discussion of the factors related to whether an
industry is established, see Attachment III of the China AD
Initiation Checklist.
\28\ Id.
\29\ See Antidumping and Countervailing Duty Handbook (14th
Ed.), USITC Pub. 4540 (June 2015) at II-33.
\30\ Id.
\31\ See Attachment III of the China AD Initiation Checklist.
\32\ Id.
\33\ Id.
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The petitioner contends that the industry is materially retarded,
or in the alternative, its injured condition is illustrated by a
significant volume of subject imports; significant market share of
subject imports; lost sales and revenues; underselling; low levels of
production; and negative impact on financial performance.\34\ We
assessed the allegations and supporting evidence regarding material
retardation, or in the alternative, material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\35\
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\34\ Id.
\35\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate a LTFV investigation
of imports of active anode material from China. The sources of data for
the deductions and adjustments relating to U.S. price and
[[Page 3795]]
normal value (NV) are discussed in greater detail in the China AD
Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
the sale, or offer for sale, of active anode material produced in and
exported from China.\36\ The petitioner did not make any adjustments to
U.S. price to calculate a net ex-factory U.S. price.\37\
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\36\ See China AD Initiation Checklist.
\37\ Id.
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Normal Value
Commerce considers China to be an NME country.\38\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
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\38\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\39\ The petitioner provided
publicly available information from Malaysia to value all FOPs except
labor.\40\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\41\ to value labor, the
petitioner provided data from another surrogate country, Mexico.\42\
Based on the information provided by the petitioner, we believe it is
appropriate to use Malaysia as a surrogate country for China to value
all FOPs except labor and Mexico to value labor for initiation
purposes.
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\39\ See China AD Initiation Checklist.
\40\ Id.
\41\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
\42\ See China AD Initiation Checklist.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used product-specific consumption rates from a U.S. producer
of active anode material as a surrogate to value Chinese manufacturers'
FOPs.\43\ Additionally, the petitioner calculated factory overhead,
selling, general, and administrative expenses, and profit based on the
experience of a Malaysian producer of comparable merchandise.\44\
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\43\ Id.
\44\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of active anode material from China are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for active anode material from China
covered by this initiation range from 823.40 to 915.74 percent.\45\
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\45\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigation to determine
whether imports of active anode material are being, or are likely to
be, sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 days after
the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified 30 companies in China as
producers and/or exporters of active anode material.\46\ Our standard
practice for respondent selection in AD investigations involving NME
countries is to select respondents based on quantity and value (Q&V)
questionnaires in cases where Commerce has determined that the number
of companies is large, and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are 30 Chinese producers and/or exporters identified
in the Petition, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters in China that
are identified in the U.S. Customs and Border Protection POI entry data
for which there is complete address information on the record.\47\
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\46\ See Petition at Volume I (page 6 and Exhibit I-9); see also
First General Issues Supplement at 1-2 and Exhibit I-Supp-1.
\47\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 7, 2025.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of active anode material from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on January 21, 2025, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate
[[Page 3796]]
application in an NME investigation are outlined in detail in the
application itself, which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate
application will be due 30 days after publication of this initiation
notice. Exporters and producers must file a timely separate rate
application if they want to be considered for individual examination.
Exporters and producers who submit a separate rate application and have
been selected as mandatory respondents will be eligible for
consideration for separate rate status only if they respond to all
parts of Commerce's AD questionnaire as mandatory respondents. Commerce
requires that companies from China submit a response both to the Q&V
questionnaire and to the separate rate application by the respective
deadlines to receive consideration for separate rate status. Companies
not filing a timely Q&V questionnaire response will not receive
separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\48\
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\48\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of active anode material from China materially
retard the establishment of a U.S. industry, or that such imports are
materially injuring, or threatening material injury to, a U.S.
industry.\49\ A negative ITC determination will result in the
investigation being terminated.\50\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\49\ See section 733(a) of the Act.
\50\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \51\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\52\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\51\ See 19 CFR 351.301(b).
\52\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\53\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\54\
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\53\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\54\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\55\
Parties must use the certification formats provided in 19 CFR
351.303(g).\56\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\55\ See section 782(b) of the Act.
\56\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required
[[Page 3797]]
letter of appearance). Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\57\
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\57\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 7, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix--Scope of the Investigation
The merchandise covered by this investigation is active anode
material, which is an anode grade graphite material with a graphite
minimum purity content of 90 percent carbon by weight, whether
containing synthetic graphite, natural graphite, or a blend of
synthetic and natural graphite; with or without coating. Subject
merchandise may be in the form of powder, dry, liquid, or block form
and is covered irrespective of the form in which it enters. Subject
merchandise typically has a maximum size of 80 microns when in
powder form. Subject merchandise has an energy density of 330
milliamp hours per gram or greater and a degree of graphitization of
80 percent or greater, where graphitization refers to the extent of
the graphite crystal structure.
Subject merchandise is covered regardless of whether it is mixed
with silicon based active materials, e.g., silicon-oxide (SiOx),
silicon-carbon (SiC), or silicon, or additives such as carbon black
or carbon nanotubes. Subject merchandise is covered regardless of
the combination of compounds that comprise the graphite material.
Subject merchandise is covered regardless of whether it is imported
independently, as part of a compound, in a battery, as a component
of an anode slurry, or in a subassembly of a battery such as an
electrode. Only the anode grade graphite material is covered when
entered as part of a mixture with silicon based active materials, as
part of a compound, in a batter, as a component of an anode slurry,
or in a subassembly of a battery such as an electrode.
Active anode material subject to the investigation may be
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject
merchandise may also enter under HTSUS subheadings 2504.10.1000 and
3801.90.0000. The HTSUS subheadings are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
[FR Doc. 2025-00656 Filed 1-14-25; 8:45 am]
BILLING CODE 3510-DS-P