[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Notices]
[Page 42738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16949]
[[Page 42738]]
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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 U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on small diameter
graphite electrodes from the People's Republic of China would likely
lead to the continuation or recurrence of dumping and material injury
to an industry in the United States, Commerce is publishing a notice of
continuation of this AD order.
DATES: Applicable August 29, 2025.
FOR FURTHER INFORMATION CONTACT: Elizabeth Whiteman, Trade Agreements
Policy and Negotiations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0473.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2009, Commerce published in the Federal Register
the AD order on small diameter graphite electrodes from the People's
Republic of China.\1\ On March 3, 2025, the ITC instituted,\2\ and
Commerce initiated,\3\ the third sunset review of the Order, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its review, Commerce determined that revocation of the Order
would likely lead to the continuation or recurrence of dumping, and
therefore, notified the ITC of the magnitude of the margins of dumping
likely to prevail should the Order be revoked.\4\
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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).
\2\ See Small Diameter Graphite Electrodes From China;
Institution of a Five-Year Review, 90 FR 11056 (March 3, 2025).
\3\ See Initiation of Five-Year (Sunset) Reviews, 90 FR 11039
(March 3, 2025).
\4\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Final Results of the Expedited Third Sunset
Review of the Antidumping Duty Order, 90 FR 28996 (July 2, 2025),
and accompanying Issues and Decision Memorandum (IDM).
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On August 29, 2025, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Small Diameter Graphite Electrodes from China;
Determination, 90 FR 42265 (August 29, 2025) (ITC Final
Determination).
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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 electrode. 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,\6\ 3801.10,\7\ and 8545.11.0020.\8\
The HTSUS numbers are provided for convenience and customs purposes,
but the written description of the scope is dispositive.
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\6\ 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.
\7\ 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.
\8\ 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 Order would likely lead to 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 Order. 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 August
29, 2025.\9\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Order not later than 30 days prior to fifth anniversary of the
date of the last determination by the ITC.
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\9\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final 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(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
This five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 29, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-16949 Filed 9-3-25; 8:45 am]
BILLING CODE 3510-DS-P