80 FR 13825 - Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 51 (March 17, 2015)
International Trade Administration
Federal Register Volume 80, Issue 51 (March 17, 2015)
| Page Range | 13825-13826 | |
| FR Document | 2015-06105 |
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)] [Notices] [Pages 13825-13826] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06105] ======================================================================= ----------------------------------------------------------------------- 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; 2013- 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 19, 2014, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on small diameter graphite electrodes from the People's Republic of China (PRC), covering the period February 1, 2013, through January 31, 2014.\1\ We invited parties to comment on the Preliminary Results. We received no comments from interested parties. Accordingly, for the final results, we continue to find that during the period of review (POR) Henan Sanli Carbon Products Co., Ltd. (Henan Sanli) made sales of subject merchandise at less than normal value. --------------------------------------------------------------------------- \1\ See Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review: 2013-2014, 79 FR 68856 (November 19, 2014) (Preliminary Results) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum). --------------------------------------------------------------------------- DATES: Effective Date: March 17, 2015. FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington DC 20230; telephone: (202) 482-0198. Background On November 19, 2014, the Department published the Preliminary Results of this review. The Department gave interested parties an opportunity to comment on the Preliminary Results.\2\ We received no comments from interested parties. --------------------------------------------------------------------------- \2\ Id. at 68857. --------------------------------------------------------------------------- We conducted this review in accordance with sections 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 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,\3\ 3801.10,\4\ and 8545.11.0020.\5\ The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive. --------------------------------------------------------------------------- \3\ 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. \4\ HTSUS subheading 3801.10 was added to the scope of the SDGE 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 SDGE (or graphite pin joining system) that were 1) produced by UK Carbon and Graphite Co., Ltd. (UKCG) from PRC-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. \5\ HTSUS subheading 8545.11.0020 was added to the scope of the SDGE 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 SDGE produced and/or exported by Jilin Carbon Import and Export Company with an actual or nominal diameter of 17 inches. --------------------------------------------------------------------------- Final Results of Review The Department made no changes to its Preliminary Results. As a result, the Department determines that Henan Sanli is not entitled to a separate rate and should remain part of the PRC-wide entity.\6\ The rate previously established for the PRC-wide entity in this proceeding is 159.64 percent.\7\ --------------------------------------------------------------------------- \6\ Pursuant to the Department's change in practice, the Department no longer considers the non-market economy entity as an exporter conditionally subject to administrative reviews. See Preliminary Results at note 3 and Preliminary Decision Memorandum at 4. \7\ See Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances: Small Diameter Graphite Electrodes from the People's Republic of China, 74 FR 2049, 2053-54 (January 14, 2009). --------------------------------------------------------------------------- Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.\8\ Consistent with our determination that Henan Sanli is part of the PRC-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 159.64 percent to all entries of subject merchandise during the POR which were exported by Henan Sanli. --------------------------------------------------------------------------- \8\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. 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 the PRC entered, or withdrawn from warehouse, [[Page 13826]] for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Henan Sanli, the cash deposit rate will be that for the PRC-wide entity; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-06105 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices 13825
satisfactorily, there must be written FOR FURTHER INFORMATION CONTACT: and 8545.11.0020.5 The HTSUS
guides and rules, which in this case are Michael A. Romani, AD/CVD numbers are provided for convenience
regulations for the provider and user. Operations, Office I, Enforcement and and customs purposes, but the written
Need and Use of the Information: The Compliance, International Trade description of the scope is dispositive.
Agricultural Marketing Service will Administration, U.S. Department of
collect information to ensure that the Final Results of Review
Commerce, 14th Street and Constitution
dairy inspection program products are Avenue NW, Washington DC 20230; The Department made no changes to
produced under sanitary conditions and telephone: (202) 482–0198. its Preliminary Results. As a result, the
buyers are purchasing a quality product. Department determines that Henan
The information collected through Background
Sanli is not entitled to a separate rate
recordkeeping are routinely reviewed On November 19, 2014, the and should remain part of the PRC-wide
and evaluated during the inspection of Department published the Preliminary entity.6 The rate previously established
the dairy plant facilities for USDA Results of this review. The Department for the PRC-wide entity in this
approval. Without laboratory testing gave interested parties an opportunity to proceeding is 159.64 percent.7
results required by recordkeeping, the comment on the Preliminary Results.2
inspectors would not be able to evaluate We received no comments from Assessment
the quality of dairy products. interested parties. The Department will determine, and
Description of Respondents: Business We conducted this review in U.S. Customs and Border Protection
or other for-profit. accordance with sections 751(a)(1)(B) of (CBP) shall assess, antidumping duties
Number of Respondents: 487. the Tariff Act of 1930, as amended (the on all appropriate entries covered by
Frequency of Responses: Act). this review.8 Consistent with our
Recordkeeping. determination that Henan Sanli is part
Total Burden Hours: 1,388. Scope of the Order
of the PRC-wide entity, we will instruct
The merchandise covered by the order CBP to apply an ad valorem assessment
Charlene Parker,
includes all small diameter graphite rate of 159.64 percent to all entries of
Departmental Information Collection electrodes of any length, whether or not
Clearance Officer. subject merchandise during the POR
finished, of a kind used in furnaces,
[FR Doc. 2015–05998 Filed 3–16–15; 8:45 am] which were exported by Henan Sanli.
with a nominal or actual diameter of
BILLING CODE 3410–02–P The Department intends to issue
400 millimeters (16 inches) or less, and
appropriate assessment instructions
whether or not attached to a graphite
directly to CBP 15 days after publication
pin joining system or any other type of
DEPARTMENT OF COMMERCE of the final results of review.
joining system or hardware. The
merchandise covered by the order also Cash Deposit Requirements
International Trade Administration includes graphite pin joining systems The following cash deposit
[A–570–929] for small diameter graphite electrodes, requirements will be effective upon
of any length, whether or not finished,
Small Diameter Graphite Electrodes publication of the final results of this
of a kind used in furnaces, and whether
From the People’s Republic of China: administrative review for shipments of
or not the graphite pin joining system is
Final Results of Antidumping Duty the subject merchandise from the PRC
attached to, sold with, or sold separately
Administrative Review; 2013–2014 entered, or withdrawn from warehouse,
from, the small diameter graphite
AGENCY: Enforcement and Compliance, electrode. Small diameter graphite determination are SDGE (or graphite pin joining
International Trade Administration, electrodes and graphite pin joining system) that were 1) produced by UK Carbon and
Department of Commerce. systems for small diameter graphite Graphite Co., Ltd. (UKCG) from PRC-manufactured
electrodes are most commonly used in artificial/synthetic graphite forms, of a size and
SUMMARY: On November 19, 2014, the shape (e.g., blanks, rods, cylinders, billets, blocks,
Department of Commerce (the primary melting, ladle metallurgy, and etc.), 2) which required additional machining
Department) published in the Federal specialty furnace applications in processes (i.e., tooling and shaping) that UKCG
Register the preliminary results of the industries including foundries, smelters, performed in the United Kingdom (UK), and 3)
administrative review of the and steel refining operations. Small were re-exported to the United States as UK-origin
diameter graphite electrodes and merchandise.
antidumping duty order on small 5 HTSUS subheading 8545.11.0020 was added to
diameter graphite electrodes from the graphite pin joining systems for small the scope of the SDGE Order based on a
People’s Republic of China (PRC), diameter graphite electrodes that are determination in Small Diameter Graphite
covering the period February 1, 2013, subject to the order are currently Electrodes from the People’s Republic of China:
classified under the Harmonized Tariff Affirmative Final Determination of Circumvention
through January 31, 2014.1 We invited of the Antidumping Duty Order and Rescission of
parties to comment on the Preliminary Schedule of the United States (HTSUS) Later-Developed Merchandise Anticircumvention
Results. We received no comments from subheadings 8545.11.0010,3 3801.10,4 Inquiry, 78 FR 56864 (September 16, 2013) (second
interested parties. Accordingly, for the circumvention determination). The products
2 Id.at 68857. covered by the second circumvention determination
final results, we continue to find that 3 The are SDGE produced and/or exported by Jilin Carbon
scope described in the order refers to the
during the period of review (POR) HTSUS subheading 8545.11.0000. We note that, Import and Export Company with an actual or
Henan Sanli Carbon Products Co., Ltd. starting in 2010, imports of small diameter graphite nominal diameter of 17 inches.
6 Pursuant to the Department’s change in practice,
(Henan Sanli) made sales of subject electrodes are classified in the HTSUS under
subheading 8545.11.0010 and imports of large the Department no longer considers the non-market
merchandise at less than normal value. economy entity as an exporter conditionally subject
diameter graphite electrodes are classified under
mstockstill on DSK4VPTVN1PROD with NOTICES
DATES: Effective Date: March 17, 2015. subheading 8545.11.0020. to administrative reviews. See Preliminary Results
4 HTSUS subheading 3801.10 was added to the at note 3 and Preliminary Decision Memorandum at
1 See Small Diameter Graphite Electrodes From scope of the SDGE Order based on a determination 4.
7 See Final Determination of Sales at Less Than
the People’s Republic of China: Preliminary Results in Small Diameter Graphite Electrodes From the
of Antidumping Duty Administrative Review: 2013– People’s Republic of China: Affirmative Final Fair Value and Affirmative Determination of
2014, 79 FR 68856 (November 19, 2014) Determination of Circumvention of the Critical Circumstances: Small Diameter Graphite
(Preliminary Results) and accompanying Antidumping Duty Order, 77 FR 47596 (August 9, Electrodes from the People’s Republic of China, 74
Preliminary Decision Memorandum (Preliminary 2012) (first circumvention determination). The FR 2049, 2053–54 (January 14, 2009).
Decision Memorandum). products covered by the first circumvention 8 See 19 CFR 351.212(b)(1).
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![13826 Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
for consumption on or after the DEPARTMENT OF COMMERCE Interested parties DuPont, DuPont
publication date, as provided by section Hongji Films Foshan Co., Ltd., DuPont
751(a)(2)(C) of the Act: (1) For International Trade Administration Teijin Hongji Films Ningbo Co., Ltd.,
previously investigated or reviewed PRC [A–570–924] DuPont Teijin Films U.S. Limited
and non-PRC exporters not listed above Partnership, and Wanhua, appealed the
that received a separate rate in a prior Polyethylene Terephthalate Film, PET Film Final Results to the CIT. On
segment of this proceeding, the cash Sheet, and Strip From the People’s September 11, 2014, the CIT remanded
deposit rate will continue to be the Republic of China: Notice of Court several issues with respect to the PET
existing exporter-specific rate; (2) for all Decision Not in Harmony With Final Film Final Results.3 Specifically, the
PRC exporters of subject merchandise Results of Administrative Review and CIT held that: (1) The Department’s
Notice of Amended Final Results of approach of valuing DuPont’s recycled
that have not been found to be entitled
Administrative Review Pursuant to Polyethylene Terephthalate (‘‘PET’’)
to a separate rate, including Henan
Court Decision chips factor of production, while
Sanli, the cash deposit rate will be that denying its by-product offset for
for the PRC-wide entity; and (3) for all AGENCY: Enforcement and Compliance, recyclable PET waste, was unreasonable
non-PRC exporters of subject International Trade Administration, because it resulted in double-counting,
merchandise which have not received Department of Commerce. and the Department must ‘‘reconsider
their own rate, the cash deposit rate will SUMMARY: On February 27, 2015 the
its approach, and adopt a methodology
be the rate applicable to the PRC United States Court of International
that does not result in double-counting
exporter that supplied that non-PRC Trade (‘‘CIT’’) sustained the Department
costs, insofar as reasonably avoidable;’’
exporter. These cash deposit of Commerce’s (‘‘the Department’’) final
and (2) the Department’s brokerage and
requirements, when imposed, shall results of remand redetermination,
handling calculation for DuPont
remain in effect until further notice. pursuant to the CIT’s remand order, in
‘‘incorrectly assumes that a shipment
DuPont Teijin Films China Limited, et
weighing less will incur lower
Notification to Importers al. v. United States, Slip Op. 15–19 (CIT
document preparation and customs
February 27, 2015).1
This notice serves as a final reminder clearance costs, while a shipment
Consistent with the decision of the
to importers of their responsibility weighing more will incur higher
United States Court of Appeals for the
under 19 CFR 351.402(f)(2) to file a preparation costs,’’ and that the
Federal Circuit (‘‘CAFC’’) in Timken Co.
certificate regarding the reimbursement brokerage and handling figure therefore
v. United States, 893 F.2d 337 (Fed. Cir.
of antidumping duties prior to required ‘‘recalculation.’’ 4 The CIT also
1990) (‘‘Timken’’), as clarified by
liquidation of the relevant entries held that because Wanhua’s separate
Diamond Sawblades Mfrs. Coalition v.
rate was based on DuPont’s rate, ‘‘any
during this POR. Failure to comply with United States, 626 F.3d 1374 (Fed. Cir.
change to DuPont’s margin following
this requirement could result in the 2010) (‘‘Diamond Sawblades’’), the
remand shall be applied to Wanhua’s
Secretary’s presumption that Department is notifying the public that
rate as well.’’ 5
reimbursement of antidumping duties the final judgment in this case is not in
Pursuant to the CIT’s remand
occurred and the subsequent assessment harmony with the Department’s PET
instructions, the Department re-
of double antidumping duties. Film Final Results 2 and is amending the
examined record evidence and made the
final results with respect to DuPont
Administrative Protective Orders following changes. The Department
Teijin Film China Limited Co., Ltd.
revised its calculation of DuPont’s
(‘‘DuPont’’) and Tianjin Wanhua Co.,
This notice also serves as a reminder margin in two ways. First, the
Ltd. (‘‘Wanhua’’) for the period of
to parties subject to administrative Department reopened the record to
review from November 1, 2010, through
protective order (APO) of their allow DuPont an opportunity to
October 31, 2011.
responsibility concerning the substantiate its by-product offset, and
DATES: Effective Date: March 9, 2015. granted that offset. Second, the
destruction of proprietary information
FOR FURTHER INFORMATION CONTACT: Department adjusted DuPont’s
disclosed under APO in accordance
Thomas Martin, Office IV, Enforcement brokerage and handling surrogate value
with 19 CFR 351.305(a)(3). Timely
& Compliance, International Trade calculation by dividing the surrogate
written notification of the return or
Administration, U.S. Department of value for document preparation and
destruction of APO materials or Commerce, 14th Street and Constitution
conversion to judicial protective order is customs clearance costs by the weight of
Avenue NW., Washington, DC 20230; DuPont’s shipments. In addition, the
hereby requested. Failure to comply telephone: (202) 482–3936. Department revised its calculation of
with the regulations and terms of an SUPPLEMENTARY INFORMATION: Wanhua’s separate rate by adjusting it
APO is a sanctionable violation.
Background for any changes to DuPont’s margin,
These final results of review are given that its margin was solely based
issued and published in accordance On June 12, 2013, the Department on DuPont’s margin.
with sections 751(a)(1) and 777(i) of the published the PET Film Final Results.
Timken Notice
Act.
1 See Final Results of Redetermination Pursuant In its decision in Timken, 893 F.2d at
Dated: March 10, 2015. to Court Remand, Court No. 13–00229, dated
January 9, 2015, available at: http://enforcement.
341, as clarified by Diamond Sawblades,
Ronald K. Lorentzen, the CAFC held that, pursuant to section
trade.gov/remands/index.html (‘‘PET Film Final
mstockstill on DSK4VPTVN1PROD with NOTICES
Acting Assistant Secretary for Enforcement Remand’’); see also DuPont Teijin Films China 516A(e) of the Tariff Act of 1930, as
and Compliance. Limited, et al. v. United States, Consol. Court No. amended (‘‘Act’’), the Department must
13–00229, Slip Op. 15–19 (CIT 2015) (‘‘Remand
[FR Doc. 2015–06105 Filed 3–16–15; 8:45 am]
Opinion and Order’’).
publish a notice of a court decision that
BILLING CODE 3510–DS–P 2 See Polyethylene Terephthalate Film, Sheet, and
3 See DuPont Teijin Films China Ltd. v. United
Strip From the People’s Republic of China: Final
Results of Antidumping Duty Administrative States, 7 F. Supp. 3d 1338 (CIT 2014).
4 Id. at 1347–51.
Review; 2010–2011, 78 FR 35245 (June 12, 2013)
(‘‘PET Film Final Results’’). 5 Id. at 1359.
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Document Created: 2015-12-18 12:02:09
Document Modified: 2015-12-18 12:02:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington DC 20230; telephone: (202) 482-0198. | |
| FR Citation | 80 FR 13825 |
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