80 FR 62516 - Small Diameter Graphite Electrodes From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 200 (October 16, 2015)
International Trade Administration
Federal Register Volume 80, Issue 200 (October 16, 2015)
| Page Range | 62516-62517 | |
| FR Document | 2015-25984 |
[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)] [Notices] [Pages 62516-62517] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25984] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-929] Small Diameter Graphite Electrodes From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 28, 2015, the Department of Commerce (the Department) published its Preliminary Rescission of the new shipper review of the antidumping duty order on 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\ For these final results, we continue to find that Jianglong's request does not satisfy the regulatory requirements for a new shipper review. Accordingly, we are rescinding the new shipper review for Jianglong. --------------------------------------------------------------------------- \1\ See Small Diameter Graphite Electrodes from the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014, 80 FR 30438 (May 28, 2015) (Preliminary Rescission). --------------------------------------------------------------------------- DATES: Effective date: October 16, 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: Background In the Preliminary Rescission, the Department found that Jianglong is affiliated with Shanghai Carbon International Trade Co., Ltd. (Shanghai Carbon), which, as part of the PRC-wide Entity in the 2012- 2013 administrative review, had shipments of subject merchandise to the United States. While conceding its affiliation with Shanghai Carbon, Jianglong did not certify its first U.S. entry or shipment and U.S. sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), respectively. Jianglong also did not request a new shipper review within one year of its first U.S. entry or shipment, as required by 19 CFR 351.214(c). We received case and rebuttal briefs with respect to the Preliminary Rescission and, at the request of [[Page 62517]] interested parties, held a hearing on August 5, 2015. We extended the due date for the final results of the review to October 5, 2015.\2\ We conducted 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. --------------------------------------------------------------------------- \2\ See memorandum entitled, ``Small Diameter Graphite Electrodes from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty New Shipper Review; 02/01/2014-08/31/2014'' dated August 6, 2015. --------------------------------------------------------------------------- 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 \3\ 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 Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \3\ The scope described in the order refers to the HTSUS subheading 8545.11.0000. We point out 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\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for Final Rescission of Antidumping Duty New Shipper Review: Small Diameter Graphite Electrodes from the People's Republic of China'' (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. --------------------------------------------------------------------------- Final Rescission of Jianglong As we explain in the Issues and Decision Memorandum, we continue to find that, because Jianglong is affiliated with an entity that had prior shipments of subject merchandise for consumption to the United States, and did not request a new shipper review within one year of those shipments, it is ineligible for a new shipper review. First, Jianglong did not certify its first U.S. entry or shipment and U.S. sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), respectively. Second, Jinaglong did not request a new shipper review within one year of reporting its first U.S. entry or shipment, thus failing to satisfy the requirement of 19 CFR 351.214(c). Because Jianglong's new shipper review request does not satisfy these regulatory requirements, we are rescinding the review.\5\ --------------------------------------------------------------------------- \5\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this new shipper review are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and in the Central Records Unit, B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html. Cash Deposit Requirements Effective upon publication of the final rescission of the new shipper review of Jianglong, we will instruct U.S. Customs and Border Protection (CBP) to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Jianglong, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Cash deposits will be required for exports of subject merchandise by Jianglong entered, or withdrawn from warehouse, for consumption on or after the publication date at the ad valorem PRC- wide rate, 159.64 percent. Assessment Rates Entries of subject merchandise made by Jianglong covered by this new shipper review are within the POR covered by the administrative review initiated on April 3, 2015 (February 1, 2014 through January 31, 2015).\6\ Because Jianglong's entries are also covered by that administrative review and the POR of the new shipper review is within the POR of the administrative review, we will issue liquidation instructions and assess duties for Jianglong's entries upon completion of the ongoing administrative review. Accordingly, we will instruct CBP to assess antidumping duties on entries for Jianglong at the appropriate rate determined in the final results of the administrative review. --------------------------------------------------------------------------- \6\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202 (April 3, 2015). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a 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)(3). Dated: October 5, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Issues Addressed in the Final Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Rescission of the New Shipper Review Comment 2: The Bona Fides of the U.S. Sale Comment 3: Surrogate Value for Coal Gas Recommendation [FR Doc. 2015-25984 Filed 10-15-15; 8:45 am] BILLING CODE 3510-DS-P
![62516 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Notices
Conditions for Participation Selection Criteria for Participation DEPARTMENT OF COMMERCE
Applicants must submit a completed Targeted mission participants are U.S.
manufacturers, services providers, and International Trade Administration
and signed mission application and
supplemental application materials, trade associations/organizations [A–570–929]
including information on their products providing or promoting healthcare
products/services that have an interest Small Diameter Graphite Electrodes
and/or services, primary market
in entering or expanding their business From the People’s Republic of China:
objectives, and goals for participation by
in the Saudi and Kuwaiti markets. The Final Rescission of Antidumping Duty
February 12, 2016, but applications will
following criteria will be evaluated in New Shipper Review; 2014
be reviewed on a rolling basis beginning
October 15, 2015 (see timeframe below). selecting participants: AGENCY: Enforcement and Compliance,
• Suitability of a firm’s or trade
If the U.S. Department of Commerce International Trade Administration,
association’s products or services to
receives an incomplete application, the Department of Commerce.
these markets;
Department may either: request • Firm’s or trade association/ SUMMARY: On May 28, 2015, the
additional information/clarification, organization’s potential for business in Department of Commerce (the
take the lack of information into account the markets, including likelihood of Department) published its Preliminary
when evaluating the application, or exports resulting from the mission; and Rescission of the new shipper review of
reject the application. • Consistency of the firm’s or trade the antidumping duty order on small
Each applicant must also certify that association/organization goals and diameter graphite electrodes from the
the products and services it seeks to objectives with the stated scope of the People’s Republic of China (PRC) for the
export through the mission are either mission. period of review (POR) of February 1,
produced in the United States, or, if not, Additional factors, such as diversity 2014, through August 31, 2014, for
are marketed under the name of a U.S. of company size, type, location, and Xuzhou Jianglong Carbon Products Co.,
company and have at least fifty-one demographics, may also be considered Ltd. (Jianglong).1 For these final results,
percent U.S. content by value. In the during the review process. Referrals we continue to find that Jianglong’s
case of a trade association or from political organizations and any request does not satisfy the regulatory
organization, the applicant must certify documents, including the application, requirements for a new shipper review.
that, for each firm or service provider to containing references to partisan Accordingly, we are rescinding the new
be represented by the association/ political activities (including political shipper review for Jianglong.
organization, the products and/or contributions) will be removed from an DATES: Effective date: October 16, 2015.
services the represented firm or service applicant’s submission and not FOR FURTHER INFORMATION CONTACT:
provider seeks to export are either considered during the selection process. Hermes Pinilla or Minoo Hatten, AD/
produced in the United States or, if not, Timeline for Recruitment and CVD Operations, Office I, Enforcement
marketed under the name of a U.S. Applications and Compliance, International Trade
company and have at least fifty-one Administration, U.S. Department of
percent U.S. content. Mission recruitment will be
conducted in an open and public Commerce, 14th Street and Constitution
In addition, each applicant must: manner, including publication in the Avenue NW., Washington, DC 20230;
• Certify that the products and Federal Register, posting on the U.S. telephone: (202) 482–3477 or (202) 482–
services that it wishes to market through Commerce Department trade mission 1690, respectively.
the mission would be in compliance calendar (http://www.export.gov/ SUPPLEMENTARY INFORMATION:
with U.S. export controls and trademissions/) and other Internet Web Background
regulations; sites, press releases to general and trade
• Certify that it has identified any media, direct mail, broadcast fax, In the Preliminary Rescission, the
matter pending before any bureau or notices by industry trade associations Department found that Jianglong is
office in the U.S. Department of and other multiplier groups, and affiliated with Shanghai Carbon
Commerce; publicity at industry meetings, International Trade Co., Ltd. (Shanghai
symposia, conferences, and trade shows. Carbon), which, as part of the PRC-wide
• Certify that it has identified any Entity in the 2012–2013 administrative
pending litigation (including any Recruitment for the mission will begin
immediately and conclude no later than review, had shipments of subject
administrative proceedings) to which it merchandise to the United States. While
is a party that involves the U.S. February 12, 2016. The U.S. Department
of Commerce will review applications conceding its affiliation with Shanghai
Department of Commerce; Carbon, Jianglong did not certify its first
and make selection decisions on a
• Sign and submit an agreement that rolling basis beginning October 15, 2015 U.S. entry or shipment and U.S. sale, as
it and its affiliates (1) have not and will until the maximum of 15 participants is required under 19 CFR
not engage in the bribery of foreign selected. Applications received after 351.214(b)(2)(iv)(A) and (C),
officials in connection with a February 12, 2016, will be considered respectively. Jianglong also did not
company’s/participant’s involvement in only if space and scheduling constraints request a new shipper review within
this mission, and (2) maintain and permit. one year of its first U.S. entry or
enforce a policy that prohibits the shipment, as required by 19 CFR
FOR FURTHER INFORMATION CONTACT:
bribery of foreign officials; and 351.214(c).
LeeAnne Haworth, U.S. Department of
• Certify that it meets the minimum We received case and rebuttal briefs
srobinson on DSK5SPTVN1PROD with NOTICES
Commerce, Pittsburgh, PA, Tel: 412–
requirements as stated in this 644–2816, Email: leeanne.haworth@ with respect to the Preliminary
announcement. In the case of a trade trade.gov. Rescission and, at the request of
association/organization, the applicant
must certify that each firm or service Frank Spector, 1 See Small Diameter Graphite Electrodes from
Trade Missions Program. the People’s Republic of China: Preliminary
provider to be represented by the Rescission of Antidumping Duty New Shipper
association/organization can make the [FR Doc. 2015–26008 Filed 10–15–15; 8:45 am] Review; 2014, 80 FR 30438 (May 28, 2015)
above certifications. BILLING CODE 3510–DR–P (Preliminary Rescission).
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![Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Notices 62517
interested parties, held a hearing on request does not satisfy these regulatory determined in the final results of the
August 5, 2015. We extended the due requirements, we are rescinding the administrative review.
date for the final results of the review review.5
Notification to Importers
to October 5, 2015.2 We conducted this
Analysis of Comments Received This notice also serves as a reminder
new shipper review in accordance with
section 751(a)(2)(B) of the Tariff Act of All issues raised in the case and to importers of their responsibility
1930, as amended (the Act), and 19 CFR rebuttal briefs by parties to this new under 19 CFR 351.402(f)(2) to file a
351.214. shipper review are addressed in the certificate regarding the reimbursement
Issues and Decision Memorandum. A of antidumping duties prior to
Scope of the Order
list of the issues raised is attached to liquidation of the relevant entries
The merchandise covered by the order during this review period. Failure to
this notice as an appendix. The Issues
includes all small diameter graphite comply with this requirement could
and Decision Memorandum is a public
electrodes of any length, whether or not result in the Department’s presumption
document and is on file electronically
finished, of a kind used in furnaces, that reimbursement of antidumping
via Enforcement and Compliance’s
with a nominal or actual diameter of duties occurred and the subsequent
Antidumping and Countervailing Duty
400 millimeters (16 inches) or less, and assessment of double antidumping
Centralized Electronic Service System
whether or not attached to a graphite duties.
(ACCESS). ACCESS is available to
pin joining system or any other type of This new shipper review and notice
registered users at http://
joining system or hardware. The subject are in accordance with sections
merchandise is currently classifiable access.trade.gov, and in the Central
Records Unit, B8024 of the main 751(a)(2)(B) and 777(i) of the Act and 19
under the Harmonized Tariff Schedule CFR 351.214(f)(3).
of the United States (HTSUS) Department of Commerce building. In
subheadings 8545.11.0010 3 and addition, a complete version of the Dated: October 5, 2015.
3801.10. The HTSUS numbers are Issues and Decision Memorandum can Paul Piquado,
provided for convenience and customs be accessed directly on the Enforcement Assistant Secretary for Enforcement and
purposes, but the written description of and Compliance Web site at http:// Compliance.
the scope is dispositive. A full enforcement.trade.gov/frn/index.html.
Appendix I
description of the scope of the order is Cash Deposit Requirements
contained in the Issues and Decision List of Issues Addressed in the Final
Effective upon publication of the final Decision Memorandum
Memorandum.4
rescission of the new shipper review of Summary
Final Rescission of Jianglong Jianglong, we will instruct U.S. Customs Background
As we explain in the Issues and and Border Protection (CBP) to Scope of the Order
Decision Memorandum, we continue to Discussion of the Issues
discontinue the option of posting a bond
Comment 1: Rescission of the New Shipper
find that, because Jianglong is affiliated or security in lieu of a cash deposit for Review
with an entity that had prior shipments entries of subject merchandise by Comment 2: The Bona Fides of the U.S.
of subject merchandise for consumption Jianglong, in accordance with section Sale
to the United States, and did not request 751(a)(2)(B)(iii) of the Act and 19 CFR Comment 3: Surrogate Value for Coal Gas
a new shipper review within one year 351.214(e). Cash deposits will be Recommendation
of those shipments, it is ineligible for a required for exports of subject [FR Doc. 2015–25984 Filed 10–15–15; 8:45 am]
new shipper review. First, Jianglong did merchandise by Jianglong entered, or BILLING CODE 3510–DS–P
not certify its first U.S. entry or withdrawn from warehouse, for
shipment and U.S. sale, as required consumption on or after the publication
under 19 CFR 351.214(b)(2)(iv)(A) and date at the ad valorem PRC-wide rate, DEPARTMENT OF COMMERCE
(C), respectively. Second, Jinaglong did 159.64 percent.
not request a new shipper review within National Oceanic and Atmospheric
one year of reporting its first U.S. entry Assessment Rates Administration
or shipment, thus failing to satisfy the Entries of subject merchandise made RIN 0648–XE250
requirement of 19 CFR 351.214(c). by Jianglong covered by this new
Because Jianglong’s new shipper review shipper review are within the POR Pacific Fishery Management Council;
covered by the administrative review Public Meeting
2 See memorandum entitled, ‘‘Small Diameter
initiated on April 3, 2015 (February 1,
Graphite Electrodes from the People’s Republic of AGENCY: National Marine Fisheries
China: Extension of Deadline for Final Results of 2014 through January 31, 2015).6
Service (NMFS), National Oceanic and
Antidumping Duty New Shipper Review; 02/01/ Because Jianglong’s entries are also
2014–08/31/2014’’ dated August 6, 2015. Atmospheric Administration (NOAA),
covered by that administrative review
3 The scope described in the order refers to the Commerce.
and the POR of the new shipper review
HTSUS subheading 8545.11.0000. We point out ACTION: Notice; public meeting.
that, starting in 2010, imports of small diameter is within the POR of the administrative
graphite electrodes are classified in the HTSUS review, we will issue liquidation SUMMARY: The Pacific Fishery
under subheading 8545.11.0010 and imports of instructions and assess duties for Management Council’s (Pacific Council)
large diameter graphite electrodes are classified Jianglong’s entries upon completion of
under subheading 8545.11.0020. Highly Migratory Species Advisory
4 See Memorandum from Christian Marsh, Deputy the ongoing administrative review. Subpanel (HMSAS) and Highly
srobinson on DSK5SPTVN1PROD with NOTICES
Assistant Secretary for Antidumping and Accordingly, we will instruct CBP to Migratory Species Management Team
Countervailing Duty Operations, to Paul Piquado, assess antidumping duties on entries for (HMSMT) will hold a Webinar, which is
Assistant Secretary for Enforcement and Jianglong at the appropriate rate
Compliance, ‘‘Issues and Decision Memorandum for open to the public.
Final Rescission of Antidumping Duty New Shipper DATES: The Webinar will be held on
5 SeeIssues and Decision Memorandum.
Review: Small Diameter Graphite Electrodes from
the People’s Republic of China’’ (Issues and 6 SeeInitiation of Antidumping and
Tuesday, November 3, 2015, from 1:30
Decision Memorandum), dated concurrently with Countervailing Duty Administrative Reviews, 80 FR p.m. to 4:30 p.m. Pacific Time, or when
and hereby adopted by this notice. 18202 (April 3, 2015). business for the day is complete.
VerDate Sep<11>2014 18:54 Oct 15, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\16OCN1.SGM 16OCN1](https://thefederalregister.org/doc/80_FR_62716/page/2.svg)
Document Created: 2015-12-14 15:23:26
Document Modified: 2015-12-14 15:23:26
| 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 | 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 62516 |
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