80 FR 30438 - Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 102 (May 28, 2015)
International Trade Administration
Federal Register Volume 80, Issue 102 (May 28, 2015)
| Page Range | 30438-30439 | |
| FR Document | 2015-12930 |
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)] [Notices] [Pages 30438-30439] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12930] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-929] Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 30, 2014, the Department of Commerce (the Department) initiated the antidumping duty new shipper review of small diameter graphite electrodes from the People's Republic of China (PRC) for the period of review (POR) of February 1, 2014, through August 31, 2014, for Xuzhou Jianglong Carbon Products Co., Ltd. (Jianglong).\1\ We preliminarily determine that Jianglong does not qualify as a new shipper and we are preliminarily rescinding this new shipper review. --------------------------------------------------------------------------- \1\ See Small Diameter Graphite Electrodes From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 79 FR 58742 (September 30, 2014) (Initiation Notice). --------------------------------------------------------------------------- DATES: Effective date: May 28, 2015. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, 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- 3477 or (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: 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 subject merchandise is currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010 \2\ and 3801.10. The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\3\ --------------------------------------------------------------------------- \2\ 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. \3\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of Antidumping Duty New Shipper Review: Small Diameter Graphite Electrodes from the People's Republic of China'' (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. --------------------------------------------------------------------------- Methodology We are conducting this new shipper review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary 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 http://access.trade.gov, and in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://www.enforcment.trade.gov/frn/. Preliminary Rescission of Review Based on information placed on the record by interested parties in the context of this new shipper review, we determine that Jianglong does not meet the minimum requirements in its request for a new shipper review under 19 CFR 351.214(b)(2)(iv)(A) and (C). Therefore, we preliminarily determine that it is appropriate to rescind the new shipper review with respect to Jianglong.\4\ --------------------------------------------------------------------------- \4\ We have not conducted a detailed bona fides analysis for these preliminary results due to the preliminary decision that Jianglong is not eligible for a new shipper review. See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Disclosure and Public Comment We will disclose analysis performed to parties to the proceeding, normally not later than ten days after the day of the public announcement of, or, if there is no public announcement, within five days after the date of publication of, this notice.\5\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.224(b) --------------------------------------------------------------------------- Interested parties are invited to comment on these preliminary results and submit written arguments or case briefs within 30 days after the publication of this notice, unless otherwise notified by the Department.\6\ Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later.\7\ Parties who submit case or rebuttal briefs are requested to submit with each argument: (1) A statement of the issue; and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. --------------------------------------------------------------------------- \6\ See 19 CFR 351.309(c)(ii). \7\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request within 30 dates after the day of publication of this notice. A request should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed.\8\ Issues raised in the hearing will be limited to those raised in case briefs. --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- We will issue the final rescission of this new shipper review or final results of this new shipper review, including the results of our analysis of issues raised in any briefs, within 90 days after [[Page 30439]] the date on which this preliminary rescission is issued, unless the deadline for the final results is extended.\9\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.214(i). --------------------------------------------------------------------------- Assessment Rates Jianglong's entries are currently subject to the PRC-wide rate. Although we intend to rescind this new shipper review, we initiated an administrative review for the period February 1, 2014, through January 31, 2015, which also covers the entries subject to this new shipper review.\10\ Accordingly, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend entries during the period February 1, 2014, through January 31, 2015, of subject merchandise exported by Jianglong until CBP receives instructions relating to the administrative review covering the period February 1, 2014, through January 31, 2015. --------------------------------------------------------------------------- \10\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202, 18212 (April 3, 2015). --------------------------------------------------------------------------- Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this new shipper review, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Jianglong. If we proceed to a final rescission of this new shipper review, the cash deposit rate will continue to be the PRC-wide rate for Jianglong. If we issue final results of the new shipper review, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rate established therein. 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 review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This new shipper review and notice are in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f). Dated: May 21, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of Methodology 5. Recommendation [FR Doc. 2015-12930 Filed 5-27-15; 8:45 am] BILLING CODE 3510-DS-P
![30438 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices
appeal with the Office of the FOR FURTHER INFORMATION CONTACT: Records Unit, Room 7046 of the main
Administrative Law Judge, U.S. Coast Hermes Pinilla or Minoo Hatten, AD/ Department of Commerce building. In
Guard ALJ Docketing Center, 40 South CVD Operations, Office I, Enforcement addition, a complete version of the
Gay Street, Baltimore, Maryland 21202– and Compliance, International Trade Preliminary Decision Memorandum can
4022. Administration, U.S. Department of be found at http://
In accordance with the provisions of Commerce, 14th Street and Constitution www.enforcment.trade.gov/frn/.
Section 766.24(d) of the EAR, BIS may Avenue NW., Washington, DC 20230;
seek renewal of this Order by filing a telephone: (202) 482–3477 or (202) 482– Preliminary Rescission of Review
written request not later than 20 days 1690, respectively. Based on information placed on the
before the expiration date. A renewal SUPPLEMENTARY INFORMATION: record by interested parties in the
request may be opposed by Al Nasser context of this new shipper review, we
Airlines, Ali Abdullah Alhay, or Bahar Scope of the Order determine that Jianglong does not meet
Safwa General Trading as provided in The merchandise covered by the order the minimum requirements in its
Section 766.24(d), by filing a written includes all small diameter graphite request for a new shipper review under
submission with the Assistant Secretary electrodes of any length, whether or not 19 CFR 351.214(b)(2)(iv)(A) and (C).
of Commerce for Export Enforcement, finished, of a kind used in furnaces, Therefore, we preliminarily determine
which must be received not later than with a nominal or actual diameter of that it is appropriate to rescind the new
seven days before the expiration date of 400 millimeters (16 inches) or less, and shipper review with respect to
the Order. whether or not attached to a graphite Jianglong.4
A copy of this Order shall be provided pin joining system or any other type of
to Al Naser Airlines, Ali Abdullah joining system or hardware. The subject Disclosure and Public Comment
Alhay, and Bahar Safwa General merchandise is currently classifiable We will disclose analysis performed
Trading and shall be published in the under the Harmonized Tariff Schedule to parties to the proceeding, normally
Federal Register. This Order is effective of the United States (HTSUS) not later than ten days after the day of
immediately and shall remain in effect subheadings 8545.11.0010 2 and the public announcement of, or, if there
until July 14, 2015, unless renewed in 3801.10. The HTSUS numbers are is no public announcement, within five
accordance with Section 766.24(d) of provided for convenience and customs days after the date of publication of, this
the Regulations. purposes, but the written description of notice.5
the scope is dispositive. A full Interested parties are invited to
Dated: May 21, 2015.
description of the scope of the order is comment on these preliminary results
David W. Mills,
contained in the Preliminary Decision and submit written arguments or case
Assistant Secretary of Commerce for Export briefs within 30 days after the
Enforcement. Memorandum.3
publication of this notice, unless
[FR Doc. 2015–12851 Filed 5–27–15; 8:45 am] Methodology otherwise notified by the Department.6
BILLING CODE P We are conducting this new shipper Rebuttal briefs, limited to issues raised
review in accordance with section in the case briefs, will be due five days
751(a)(2)(B) of the Tariff Act of 1930, as later.7 Parties who submit case or
DEPARTMENT OF COMMERCE
amended (the Act), and 19 CFR 351.214. rebuttal briefs are requested to submit
International Trade Administration For a full description of the with each argument: (1) A statement of
methodology underlying our the issue; and (2) a brief summary of the
[A–570–929] conclusions, see Preliminary Decision argument. Parties are requested to
Memorandum. A list of topics discussed provide a summary of the arguments not
Small Diameter Graphite Electrodes
in the Preliminary Decision to exceed five pages and a table of
From the People’s Republic of China:
Memorandum is included as Appendix statutes, regulations, and cases cited.
Preliminary Rescission of Antidumping Any interested party who wishes to
I to this notice. The Preliminary
Duty New Shipper Review; 2014 request a hearing, or to participate if one
Decision Memorandum is a public
AGENCY: Enforcement and Compliance, document and is on file electronically is requested, must submit a written
International Trade Administration, via Enforcement and Compliance’s request within 30 dates after the day of
Department of Commerce. Antidumping and Countervailing Duty publication of this notice. A request
SUMMARY: On September 30, 2014, the Centralized Electronic Service System should contain: (1) The party’s name,
Department of Commerce (the (ACCESS). ACCESS is available to address, and telephone number; (2) the
Department) initiated the antidumping registered users at http:// number of participants; and (3) a list of
duty new shipper review of small access.trade.gov, and in the Central issues to be discussed.8 Issues raised in
diameter graphite electrodes from the the hearing will be limited to those
People’s Republic of China (PRC) for the 2 The scope described in the order refers to the raised in case briefs.
HTSUS subheading 8545.11.0000. We note that, We will issue the final rescission of
period of review (POR) of February 1, starting in 2010, imports of small diameter graphite
2014, through August 31, 2014, for electrodes are classified in the HTSUS under
this new shipper review or final results
Xuzhou Jianglong Carbon Products Co., subheading 8545.11.0010 and imports of large of this new shipper review, including
Ltd. (Jianglong).1 We preliminarily diameter graphite electrodes are classified under the results of our analysis of issues
subheading 8545.11.0020. raised in any briefs, within 90 days after
determine that Jianglong does not
asabaliauskas on DSK5VPTVN1PROD with NOTICES
3 See Memorandum from Christian Marsh, Deputy
qualify as a new shipper and we are Assistant Secretary for Antidumping and 4 We have not conducted a detailed bona fides
preliminarily rescinding this new Countervailing Duty Operations, to Ronald K.
analysis for these preliminary results due to the
shipper review. Lorentzen, Acting Assistant Secretary for
preliminary decision that Jianglong is not eligible
Enforcement and Compliance, ‘‘Decision
DATES: Effective date: May 28, 2015. Memorandum for Preliminary Results of
for a new shipper review. See Preliminary Decision
Memorandum.
Antidumping Duty New Shipper Review: Small 5 See 19 CFR 351.224(b)
1 See Small Diameter Graphite Electrodes From Diameter Graphite Electrodes from the People’s
6 See 19 CFR 351.309(c)(ii).
the People’s Republic of China: Initiation of Republic of China’’ (Preliminary Decision
7 See 19 CFR 351.309(d).
Antidumping Duty New Shipper Review, 79 FR Memorandum), dated concurrently with these
58742 (September 30, 2014) (Initiation Notice). results and hereby adopted by this notice. 8 See 19 CFR 351.310(c).
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![Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices 30439
the date on which this preliminary Dated: May 21, 2015. ADDRESSES: Electronic comments
rescission is issued, unless the deadline Ronald K. Lorentzen, regarding the RFI should be addressed
for the final results is extended.9 Acting Assistant Secretary for Enforcement to Dr. Courtney Silverthorn by email to
and Compliance. courtney.silverthorn@nist.gov.
Assessment Rates
Appendix I FOR FURTHER INFORMATION CONTACT: Dr.
Jianglong’s entries are currently Courtney Silverthorn, Senior
List of Topics Discussed in the Preliminary Interagency Policy Specialist, National
subject to the PRC-wide rate. Although Decision Memorandum
we intend to rescind this new shipper Institute of Standards and Technology,
1. Summary Technology Partnerships Office, 100
review, we initiated an administrative 2. Background
review for the period February 1, 2014, Bureau Drive MS 2200, Gaithersburg,
3. Scope of the Order
through January 31, 2015, which also 4. Discussion of Methodology
MD 20899, 301–975–4189, or by email
covers the entries subject to this new 5. Recommendation to courtney.silverthorn@nist.gov.
shipper review.10 Accordingly, we will [FR Doc. 2015–12930 Filed 5–27–15; 8:45 am] SUPPLEMENTARY INFORMATION: Private
instruct U.S. Customs and Border BILLING CODE 3510–DS–P
sector online platforms could improve
Protection (CBP) to continue to suspend the availability of scientific and
entries during the period February 1, technical resources and services in a
2014, through January 31, 2015, of DEPARTMENT OF COMMERCE number of ways. For example, a private
subject merchandise exported by sector online platform might maintain a
Jianglong until CBP receives National Institute of Standards and database of such resources and provide
instructions relating to the Technology a simple way for a member of the public
administrative review covering the to initiate access. NIST and other
[Docket No. 150515451–5451–01]
member laboratories will evaluate
period February 1, 2014, through
RIN 0693–XC049 submitted platforms for technology and
January 31, 2015.
research capability matches and may
Cash Deposit Requirements Request for Information Regarding contact appropriate platforms directly to
Online Platforms To Promote Federal arrange for possible publication of
Effective upon publication of the final Science and Technology Facilities, specific facilities, products, and/or
rescission or the final results of this new Products, and Services services. NIST and other members of the
shipper review, we will instruct CBP to AGENCY: National Institute of Standards FLC are especially interested in
discontinue the option of posting a bond and Technology, Commerce. recommendations that can broaden
or security in lieu of a cash deposit for awareness and improve access at no cost
ACTION: Notice; Request for Information
entries of subject merchandise by to the government.
(RFI)
Jianglong. If we proceed to a final As part of the Open Data initiative,
rescission of this new shipper review, SUMMARY: The National Institute of NIST and other members of the FLC can
the cash deposit rate will continue to be Standards and Technology (NIST) and make data about the resources of
the PRC-wide rate for Jianglong. If we other member laboratories of the Federal interest available to the public. For
issue final results of the new shipper Laboratory Consortium for Technology examples, see:
review, we will instruct CBP to collect Transfer (FLC) offer a variety of https://flcbusiness.federallabs.org/
cash deposits, effective upon the specialized scientific and technical FLCBiz/app/search-equipment-and-
publication of the final results, at the facilities, products, and services to the facilities
rate established therein. public, including access to http://www.nist.gov/user-facilities.cfm
instrumentation, reference materials, http://www.nist.gov/calibrations/
Notification to Importers software, and calibrations. Access to http://www.nist.gov/srm/index.cfm
This notice also serves as a such services is provided in a variety of http://www.nist.gov/srd/index.cfm
ways, and may require the payment of To respond to this RFI, please submit
preliminary reminder to importers of
fees or other costs and/or an application written comments by email to Dr.
their responsibility under 19 CFR
or agreement. NIST and other members Courtney Silverthorn at
351.402(f)(2) to file a certificate
of the FLC request information from the courtney.silverthorn@nist.gov in any of
regarding the reimbursement of public regarding recommendations for
antidumping duties prior to liquidation the following formats: ASCII; Word;
online platforms that can broaden RTF; or PDF. Please include your name,
of the relevant entries during this awareness and make it easier for the organization’s name (if any), and cite
review period. Failure to comply with public to search for, locate, learn about, ‘‘Online Technology Platforms RFI’’ in
this requirement could result in the and obtain access to these facilities, the subject line of all correspondence.
Department’s presumption that products, and services. The information NIST is specifically interested in
reimbursement of antidumping duties received in response to this RFI will be receiving input pertaining to the
occurred and the subsequent assessment provided by NIST to various interagency following questions:
of double antidumping duties. groups for consideration and used to (1) What is the web address of the
This new shipper review and notice publicize various federal facilities and online platform you are recommending?
are in accordance with sections resources. Is the platform specific to a particular
asabaliauskas on DSK5VPTVN1PROD with NOTICES
751(a)(2)(B) and 777(i) of the Act and 19 DATES: Comments must be received by research sector (i.e. molecular biology,
CFR 351.214(f). 5:00 p.m. Eastern time on June 29, 2015. physical sciences, calibration services,
Written comments in response to the etc.) or is it a general platform?
RFI should be submitted according to (2) What is the cost model of the
9 See19 CFR 351.214(i). the instructions in the SUPPLEMENTARY online platform you are recommending?
10 SeeInitiation of Antidumping and INFORMATION section below. Submissions Is there a listing fee, a percentage of the
Countervailing Duty Administrative Reviews, 80 FR received after that date will be service fee retained, or is it a no-cost
18202, 18212 (April 3, 2015). considered to the extent practicable. information listing only?
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Document Created: 2018-02-21 10:33:22
Document Modified: 2018-02-21 10:33:22
| 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 | |
| Dates | Effective date: May 28, 2015. | |
| Contact | Hermes Pinilla or Minoo Hatten, 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- 3477 or (202) 482-1690, respectively. | |
| FR Citation | 80 FR 30438 |
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