81 FR 71480 - Small Diameter Graphite Electrodes From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 200 (October 17, 2016)
International Trade Administration
Federal Register Volume 81, Issue 200 (October 17, 2016)
| Page Range | 71480-71482 | |
| FR Document | 2016-25059 |
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)] [Notices] [Pages 71480-71482] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25059] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-929] Small Diameter Graphite Electrodes From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 9, 2016, the Department of Commerce (the Department) published the final results of the administrative review of the antidumping duty order on small diameter graphite electrodes (SDGEs) from the People's Republic of China (the PRC). The period of review (POR) is February 1, 2014, through January 31, 2015. We are amending the final results of the administrative review to correct certain ministerial errors. [[Page 71481]] DATES: Effective October 17, 2016. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-0665 or (202) 482-0198, respectively. SUPPLEMENTARY INFORMATION: Background On September 9, 2016, the Department published the final results of the administrative review of the antidumping duty order on SDGEs from the PRC.\1\ On September 12, 2016, and September 13, 2016, we received timely ministerial error allegations from SGL Carbon LLC and Superior Graphite Co. (the petitioners), and the Fangda Group,\2\ respectively.\3\ We also received rebuttal comments from the Fangda Group and Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) (collectively, the respondents).\4\ --------------------------------------------------------------------------- \1\ See Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 62474 (September 9, 2016) (Final Results), and the accompanying Issues and Decision Memorandum (Final Results Issues and Decision Memorandum). \2\ We refer to the Fangda Group as a single entity pursuant to 19 CFR 351.401(f)(1). See Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstances, in Part, 73 FR 49408, 49411-12 (August 21, 2008) (where we collapsed the individual members of the Fangda Group: Beijing Fangda Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd.), unchanged in 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 (January 14, 2009). \3\ See Letter from the petitioners to the Secretary of Commerce entitled, ``6th Administrative Review of Small Diameter Graphite Electrodes From the People's Republic of China--Petitioners' Ministerial Error Allegations,'' dated September 12, 2016 (Petitioners' Ministerial Error Allegations); and Letter from the Fangda Group to the Secretary of Commerce entitled, ``Small Diameter Graphite Electrodes From China; Ministerial Error Allegation,'' dated September 13, 2016. \4\ See Letter from the respondents to the Secretary of Commerce entitled, ``Small Diameter Graphite Electrodes From China; Reply to Petitioners' Ministerial Error Allegation,'' dated September 19, 2016. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order includes all small diameter graphite electrodes with a nominal or actual diameter of 400 millimeters (16 inches) or less and graphite pin joining systems for small diameter graphite electrodes. 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, 3801.10, and 8545.11.0020. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. A full description of the scope of the order is contained in the Final Results Issues and Decision Memorandum.\5\ --------------------------------------------------------------------------- \5\ See Final Results Issues and Decision Memorandum at 2-3. --------------------------------------------------------------------------- Ministerial Errors Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' We analyzed the allegations submitted by the petitioners and the Fangda Group, and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made ministerial errors in calculating the margin for the Fangda Group.\6\ --------------------------------------------------------------------------- \6\ See Memorandum from Senior Director James Maeder to Deputy Assistant Secretary Christian Marsh entitled, ``Small Diameter Graphite Electrodes From the People's Republic of China: Ministerial Error Allegations,'' dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.\7\ The revised weighted-average dumping margins are detailed below. --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- Amended Final Results of Review We determine that the following weighted-average dumping margins exist for the period February 1, 2014, through January 31, 2015: ------------------------------------------------------------------------ Margin weighted average Company dumping margin (percent) ------------------------------------------------------------------------ Fangda Group................................................ 0.69 Fushun Jinly Petrochemical Carbon Co., Ltd.\8\.............. 0.00 Xuzhou Jianglong Carbon Products Co., Ltd.\9\............... 0.69 ------------------------------------------------------------------------ --------------------------------------------------------------------------- \8\ This rate has not changed in these amended final results. See Petitioners' Ministerial Error Allegations. \9\ We assigned Xuzhou Jianglong Carbon Products Co., Ltd. (Xuzhou Jianglong), a company that was not individually examined and is eligible for a separate rate, the weighted-average dumping margin calculated for the Fangda Group (i.e., 0.69 percent). See also Final Issues and Decision Memorandum at 3. --------------------------------------------------------------------------- Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. For entries of subject merchandise during the period of review produced by Fushun Jinly, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties because Fushun Jinly's weighted-average dumping margin in these amended final results remains de minimis.\10\ For customers or importers of the Fangda Group for which we do not have entered values, we will calculate customer- (or importer-) specific per unit duty assessment rates based on the ratio of the total amount of dumping calculated for the customer's (or importer's) examined sales of subject merchandise to the total sales quantity associated with those sales, in accordance with 19 CFR 351.212(b)(1). For certain customers or importers of the Fangda Group for which we received entered-value information, we will calculate an antidumping duty assessment rate based on customer- or importer-specific ad valorem rates in accordance with 19 CFR 351.212(b)(1). For Xuzhou Jianglong, the assessment rate is equal to the weighted average dumping margin calculated for the Fangda Group, or 0.69 percent. For entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate of 159.64 percent.\11\ --------------------------------------------------------------------------- \10\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). \11\ 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, 2054-55. --------------------------------------------------------------------------- We intend to issue assessment instructions to CBP 15 days after the date of publication of these amended final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective [[Page 71482]] retroactively on any entries made on or after September 9, 2016, the date of publication of the Final Results, for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption as provided by section 751(a)(2)(C) of the Act: (1) No cash deposit will be required for subject merchandise exported by Fushun Jinly; (2) for subject merchandise exported by the Fangda Group and Xuzhou Jianglong, the cash deposit rate will be the rate established in the ``Amended Final Results of Review'' section; (3) 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 exporter-specific rate; (4) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity, which is 159.64 percent; (5) 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 deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed for these amended final results to interested parties within five days after the public announcement of the amended final results in accordance with 19 CFR 351.224(b). 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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 amended final results of review are issued and published in accordance with sections 751(h) and 19 CFR 351.224(e) of the Act. Dated: October 11, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-25059 Filed 10-14-16; 8:45 am] BILLING CODE 3510-DS-P
![71480 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
SUMMARY: Notice is hereby given, additional information may contact the contracts. This is done through the
pursuant to the provisions of the rules Regional Programs Unit at (312) 353– issuance of a ‘‘Declaration of
and regulations of the U.S. Commission 8311. Eligibility.’’ The U.S. Department of
on Civil Rights (Commission) and the Records generated from this meeting Commerce, Bureau of Industry and
Federal Advisory Committee Act that may be inspected and reproduced at the Security (BIS) is the executive agency
the Kansas Advisory Committee Regional Programs Unit Office, as they responsible for certifying U.S. firms.
(Committee) will hold a meeting on become available, both before and after The BIS–4023P is the application form
Tuesday, November 01, 2016, at 4:00 the meeting. Records of the meeting will used to collect information needed to
p.m. CDT. The meeting will include a be available via www.facadatabase.gov ascertain the eligibility of a U.S. firm.
discussion of completion and under the Commission on Civil Rights, BIS will review applications for
publication of the Committee’s report Kansas Advisory Committee link (http:// completeness and accuracy, and
regarding voting rights in the state, and www.facadatabase.gov/committee/ determine a company’s eligibility based
a discussion of other current civil rights meetings.aspx?cid=249). Persons on its financial viability, technical
concerns in Kansas for future interested in the work of this Committee capability, and security clearances with
consideration. are directed to the Commission’s Web the U.S. Department of Defense.
DATES: The meeting will take place on site, http://www.usccr.gov, or may Affected Public: Businesses and other
Tuesday, October 04, 2016, at 4:00 p.m. contact the Regional Programs Unit at for-profit institutions.
CDT the above email or street address. Frequency: On occasion.
AGENDA: Respondent’s Obligation: Voluntary.
ADDRESSES: Public call information:
Welcome and Roll Call OMB Desk Officer: Jasmeet Seehra,
Dial: 877–718–5095, Conference ID: FAX number (202) 395–7285.
Discussion of Committee Report: Voting
3957006 Requests for additional information or
Rights in Kansas
FOR FURTHER INFORMATION CONTACT: Civil Rights in Kansas: 2017 Project copies of the information collection
Melissa Wojnaroski, DFO, at Concepts instrument and instructions should be
mwojnaroski@usccr.gov or 312–353– Future Plans and Actions directed to Mark Crace, BIS Liaison,
8311. Public Comment (202) 482–8093, Mark.Crace@
SUPPLEMENTARY INFORMATION: Members Adjournment bis.doc.gov.
of the public can listen to the Dated: October 11, 2016.
Written comments and
discussion. This meeting is available to recommendations for the proposed
David Mussatt,
the public through the following toll- information collection should be sent
Supervisory Chief, Regional Programs Unit. within 30 days of publication of this
free call-in number: 877–718–5095, [FR Doc. 2016–24938 Filed 10–14–16; 8:45 am]
conference ID: 3957006. Any interested notice to Jasmeet Seehra, Office of
member of the public may call this
BILLING CODE P Management and Budget (OMB), by
number and listen to the meeting. An email to jseehra@omb.eop.gov, or by fax
open comment period will be provided to (202) 395–7285.
to allow members of the public to make DEPARTMENT OF COMMERCE
Sheleen Dumas,
a statement as time allows. The Submission for OMB Review; Departmental PRA Lead, Office of the Chief
conference call operator will ask callers Comment Request Information Officer.
to identify themselves, the organization [FR Doc. 2016–24993 Filed 10–14–16; 8:45 am]
they are affiliated with (if any), and an The Department of Commerce will BILLING CODE 3510–33–P
email address prior to placing callers submit to the Office of Management and
into the conference room. Callers can Budget (OMB) for clearance the
expect to incur regular charges for calls following proposal for collection of DEPARTMENT OF COMMERCE
they initiate over wireless lines, information under the provisions of the
according to their wireless plan. The Paperwork Reduction Act (44 U.S.C. International Trade Administration
Commission will not refund any Chapter 35). [A–570–929]
incurred charges. Callers will incur no Agency: Bureau of Industry and
charge for calls they initiate over land- Security. Small Diameter Graphite Electrodes
line connections to the toll-free Title: Application for NATO From the People’s Republic of China:
telephone number. Persons with hearing International Competitive Bidding. Amended Final Results of
impairments may also follow the Form Number(s): BIS–4023P. Antidumping Duty Administrative
proceedings by first calling the Federal OMB Control Number: 0694–0128. Review; 2014–2015
Relay Service at 1–800–977–8339 and Type of Request: Regular.
providing the Service with the Burden Hours: 40 hours. AGENCY: Enforcement and Compliance,
conference call number and conference Number of Respondents: 40 International Trade Administration,
ID number. respondents. Department of Commerce.
Members of the public are also Average Hours per Response: 1 hour SUMMARY: On September 9, 2016, the
entitled to submit written comments; per response. Department of Commerce (the
the comments must be received in the Needs and Uses: Opportunities to bid Department) published the final results
regional office within 30 days following for contracts under the North Atlantic of the administrative review of the
the meeting. Written comments may be Treaty Organization (NATO) Security antidumping duty order on small
jstallworth on DSK7TPTVN1PROD with NOTICES
mailed to the Regional Programs Unit, Investment Program (NSIP) are only diameter graphite electrodes (SDGEs)
U.S. Commission on Civil Rights, 55 W. open to firms of member NATO from the People’s Republic of China (the
Monroe St., Suite 410, Chicago, IL countries. NSIP procedures for PRC). The period of review (POR) is
60615. They may also be faxed to the international competitive bidding (AC/ February 1, 2014, through January 31,
Commission at (312) 353–8324, or 4–D/2261) require that each NATO 2015. We are amending the final results
emailed to Corrine Sanders at csanders@ country certify that their respective of the administrative review to correct
usccr.gov. Persons who desire firms are eligible to bid on such certain ministerial errors.
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![71482 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
retroactively on any entries made on or hereby requested. Failure to comply nails from the UAE.1 We invited
after September 9, 2016, the date of with the regulations and terms of an interested parties to comment on the
publication of the Final Results, for all APO is a sanctionable violation. Preliminary Results. We received case
shipments of the subject merchandise These amended final results of review and rebuttal briefs from Mid Continent
entered, or withdrawn from warehouse, are issued and published in accordance Steel and Wire, Inc., a domestic
for consumption as provided by section with sections 751(h) and 19 CFR interested party, and ODS, the only
751(a)(2)(C) of the Act: (1) No cash 351.224(e) of the Act. mandatory respondent selected for
deposit will be required for subject individual examination in this review.
Dated: October 11, 2016.
merchandise exported by Fushun Jinly; The Department conducted this
(2) for subject merchandise exported by Paul Piquado, administrative review in accordance
the Fangda Group and Xuzhou Assistant Secretary for Enforcement and with section 751 of the Tariff Act of
Jianglong, the cash deposit rate will be Compliance. 1930, as amended (the Act).
the rate established in the ‘‘Amended [FR Doc. 2016–25059 Filed 10–14–16; 8:45 am]
Final Results of Review’’ section; (3) for BILLING CODE 3510–DS–P
Scope of the Order
previously investigated or reviewed PRC The merchandise subject to the
and non-PRC exporters not listed above Order 2 is nails from the UAE. The
that received a separate rate in a prior DEPARTMENT OF COMMERCE products are currently classifiable under
segment of this proceeding, the cash the Harmonized Tariff Schedule of the
deposit rate will continue to be the International Trade Administration United States (HTSUS) subheadings
exporter-specific rate; (4) for all PRC 7317.00.55, 7317.00.65, 7317.00.75,
exporters of subject merchandise that [A–520–804] 7806.00.80.00 and 7907.00.60.00.3
have not been found to be entitled to a While the HTSUS numbers are provided
separate rate, the cash deposit rate will Certain Steel Nails From the United for convenience and customs purposes,
be that for the PRC-wide entity, which Arab Emirates: Final Results of the written description of the scope of
is 159.64 percent; (5) for all non-PRC Antidumping Duty Administrative the order is dispositive. A full
exporters of subject merchandise which Review; 2014–2015 description of the scope of the order is
have not received their own rate, the AGENCY: Enforcement and Compliance, contained in the Issues and Decision
cash deposit rate will be the rate International Trade Administration, Memorandum.4
applicable to the PRC exporter that Department of Commerce. Analysis of the Comments Received
supplied that non-PRC exporter. These
deposit requirements, when imposed, SUMMARY: On June 10, 2016, the All issues raised in the case and
shall remain in effect until further Department of Commerce (the rebuttal briefs by parties to this
notice. Department) published the preliminary administrative review are addressed in
results of the administrative review of the Issues and Decision Memorandum.
Disclosure the antidumping duty order on certain A list of the issues is attached to this
We intend to disclose the calculations steel nails (nails) from the United Arab notice as an appendix. The Issues and
performed for these amended final Emirates (UAE). The period of review Decision Memorandum is a public
results to interested parties within five (POR) is May 1, 2014, through April 30, document and is on file electronically
days after the public announcement of 2015. The review covers five producers/ via Enforcement and Compliance’s
the amended final results in accordance exporters of the subject merchandise, Antidumping and Countervailing Duty
with 19 CFR 351.224(b). Dubai Wire FZE (Dubai Wire), Oman Centralized Electronic Service System
Fasteners LLC (Oman Fasteners), (ACCESS) and is available to registered
Notification to Importers Overseas Distribution Services Inc. users at https://access.trade.gov. The
This notice serves as a final reminder (ODS), Overseas International Steel Issues and Decision Memorandum is
to importers of their responsibility Industry LLC (OISI), and Precision also available to all parties in the
under 19 CFR 351.402(f)(2) to file a Fasteners LLC (Precision). For these Central Records Unit, Room B8024 of
certificate regarding the reimbursement final results, we continue to find that the main Department of Commerce
of antidumping duties prior to subject merchandise has been sold in building. In addition, a complete
liquidation of the relevant entries the United States at less than normal
during this POR. Failure to comply with value. 1 See Certain Steel Nails From the United Arab
this requirement could result in the Emirates: Preliminary Results of Antidumping Duty
Secretary’s presumption that DATES: Effective October 17, 2016. Administrative Review; 2014–2015, 81 FR 37571
(June 10, 2016), and accompanying Preliminary
reimbursement of the antidumping FOR FURTHER INFORMATION CONTACT: Decision Memorandum (collectively, Preliminary
duties occurred and the subsequent Bryan Hansen or Minoo Hatten, AD/ Results).
assessment of double antidumping CVD Operations, Office I, Enforcement 2 See Certain Steel Nails from the United Arab
duties. and Compliance, International Trade Emirates: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
Administration, U.S. Department of
Notification Regarding Administrative 77 FR 27421 (May 10, 2012) (Order).
Commerce, 1401 Constitution Avenue 3 On April 16, 2012, the Department added
Protective Order
NW., Washington, DC 20230; telephone: classification numbers 7806.00.80.00 and
This notice also serves as a reminder (202) 482–3683, and (202) 482–1690, 7907.00.60.00 to the customs case reference file
to parties subject to administrative respectively. pursuant to a request by U.S. Customs and Border
protective order (APO) of their Protection (CBP).
jstallworth on DSK7TPTVN1PROD with NOTICES
4 For a full description of the scope of the order,
responsibility concerning the SUPPLEMENTARY INFORMATION:
see the memorandum from Deputy Assistant
disposition of proprietary information Background Secretary Christian Marsh to Assistant Secretary
disclosed under APO in accordance Paul Piquado entitled, ‘‘Certain Steel Nails from the
with 19 CFR 351.305(a)(3). Timely On June 10, 2016, the Department United Arab Emirates: Issues and Decision
published the preliminary results of the Memorandum for Final Results of Antidumping
written notification of the return or Duty Administrative Review; 2014–2015,’’ dated
destruction of APO materials or administrative review of the concurrently with and hereby adopted by this
conversion to judicial protective order is antidumping duty order on certain steel notice (Issues and Decision Memorandum).
VerDate Sep<11>2014 14:22 Oct 14, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1](https://thefederalregister.org/doc/81_FR_71680/page/3.svg)
Document Created: 2016-10-15 01:52:20
Document Modified: 2016-10-15 01:52:20
| 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 October 17, 2016. | |
| Contact | Dmitry Vladimirov or Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-0665 or (202) 482-0198, respectively. | |
| FR Citation | 81 FR 71480 |
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