81 FR 72777 - Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 204 (October 21, 2016)
International Trade Administration
Federal Register Volume 81, Issue 204 (October 21, 2016)
| Page Range | 72777-72779 | |
| FR Document | 2016-25553 |
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)] [Notices] [Pages 72777-72779] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25553] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-929] Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on small diameter graphite electrodes (graphite electrodes) from the People's Republic of China (PRC), covering the period February 1, 2015, through January 31, 2016. The Department has preliminarily determined that three companies, the Fangda Group, Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly), and Jilin Carbon Import and Export Company (Jilin Carbon), had no shipments of subject merchandise during the period of review (POR). DATES: Effective October 21, 2016. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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. SUPPLEMENTARY INFORMATION: Background On February 3, 2016, we published a notice of opportunity to request an administrative review of the antidumping duty order on graphite electrodes from the PRC for the POR February 1, 2015, through January 31, 2016.\1\ On April 7, 2016, in response to a timely request from the petitioners,\2\ and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on graphite electrodes from the PRC with respect to 196 companies.\3\ On August 19, 2016, in response to a timely withdrawal request from the petitioners, we rescinded the [[Page 72778]] administrative review for 193 companies.\4\ --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 81 FR 5712 (February 3, 2016). \2\ SGL Carbon LLC and Superior Graphite Co (collectively, the petitioners). \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016). \4\ See Small Diameter Graphite Electrodes from the People's Republic of China: Rescission of Antidumping Duty Administrative Review in Part; 2015-2016, 81 FR 55434 (August 19, 2016). --------------------------------------------------------------------------- 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,\5\ 3801.10,\6\ and 8545.11.0020.\7\ The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive. --------------------------------------------------------------------------- \5\ 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. \6\ HTSUS subheading 3801.10 was added to the scope of the graphite electrodes order based on a determination in Small Diameter Graphite Electrodes From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 47596 (August 9, 2012) (first circumvention determination). The products covered by the first circumvention determination are graphite electrodes (or graphite pin joining 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. \7\ HTSUS subheading 8545.11.0020 was added to the scope of the graphite electrodes order based on a determination in Small Diameter Graphite Electrodes from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order and Rescission of Later-Developed Merchandise Anticircumvention Inquiry, 78 FR 56864 (September 16, 2013) (second circumvention determination). The products covered by the second circumvention determination are graphite electrodes produced and/or exported by Jilin Carbon Import and Export Company with an actual or nominal diameter of 17 inches. --------------------------------------------------------------------------- Preliminary Determination of No Shipments On April 11, 2016, we requested the U.S. Customs and Border Protection (CBP) data during the POR for all entries of graphite electrodes produced or exported by the companies for which we initiated the administrative review and released that information to the parties. We received timely submissions from the Fangda Group,\8\ Fushun Jinly, and Jilin Carbon reporting that they did not have sales, shipments, or exports of the subject merchandise during the POR.\9\ For each of these companies, we transmitted a ``No Shipments Inquiry'' to CBP.\10\ Pursuant to these inquiries, we received no notification from CBP of any entries of subject merchandise concerning these companies. Accordingly, based on record evidence, we preliminarily determine that the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments and, therefore, no reviewable transactions during the POR. Further, consistent with our practice, we find that it is not appropriate to rescind the review with respect to these companies but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of review.\11\ --------------------------------------------------------------------------- \8\ 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). \9\ See the Fangda Group's Letter dated May 6, 2016, Fushun Jinly's Letter dated May 5, 2016, and Jilin Carbon's Letter dated May 9, 2016. \10\ See CBP messages 6197311, 6197312, and 6197313, all dated July 15, 2016. \11\ See, e.g., Wooden Bedroom Furniture from the People's Republic of China: Final Results and Final Rescission, In Part, of Administrative Review and Final Results of New Shipper Review; 2013, 80 FR 34619 (June 17, 2015). --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.\12\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\13\ Parties who submit case or rebuttal briefs in this proceeding are encouraged to submit with each argument (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\14\ Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\15\ Hearing requests 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. Issues raised in the hearing will be limited to those issues raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. Unless extended, we intend to issue the final results in this administrative review, including the results of our analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- \12\ See 19 CFR 351.309(c)(1)(ii). \13\ See 19 CFR 351.309(d). \14\ See 19 CFR 351.309(c)(2) and (d)(2). \15\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\16\ We intend to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Pursuant to the Department's practice in non-market economy cases, if we continue to determine in the final results that the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments of subject [[Page 72779]] merchandise, any suspended entries of subject merchandise during the POR from these companies will be liquidated at the PRC-wide rate.\17\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.212(b)(1). \17\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters 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, the cash deposit rate will be the PRC-wide rate of 159.64 percent; 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 deposit requirements, when imposed, shall remain in effect until further notice. Notifications to Importers This notice 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 may result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: October 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-25553 Filed 10-20-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72777
Petitioner and CS Wind withdrew their information in this segment of the DEPARTMENT OF COMMERCE
requests for an administrative review.4 proceeding. Timely written notification
of the return/destruction of APO International Trade Administration
Rescission of Review
materials or conversion to judicial
Pursuant to 19 CFR 351.213(d)(1), the protective order is hereby requested. [A–570–929]
Department will rescind an Failure to comply with the regulations
administrative review, in whole or in and terms of an APO is a violation Small Diameter Graphite Electrodes
part, if the party that requested the which is subject to sanction. From the People’s Republic of China:
review withdraws the request within 90 This notice is published in Preliminary Results of Antidumping
days of the publication date of the accordance with section 751(a)(1) and Duty Administrative Review; 2015–
notice of initiation of review. As noted 777(i)(1) of the Act, and 19 CFR 2016
above, all parties withdrew their 351.213(d)(4).
requests for review within 90 days of AGENCY: Enforcement and Compliance,
Dated: October 17, 2016. International Trade Administration,
the publication date of the Initiation
Christian Marsh, Department of Commerce.
Notice. No other parties requested an
Deputy Assistant Secretary for Antidumping SUMMARY: The Department of Commerce
administrative review of the order.
and Countervailing Duty Operations.
Therefore, in accordance with 19 CFR (the Department) is conducting an
[FR Doc. 2016–25526 Filed 10–20–16; 8:45 am]
351.213(d)(1), we are rescinding this administrative review of the
BILLING CODE 3510–DS–P antidumping duty order on small
review in its entirety.
diameter graphite electrodes (graphite
Assessment electrodes) from the People’s Republic
The Department will instruct U.S. DEPARTMENT OF COMMERCE of China (PRC), covering the period
Customs and Border Protection (‘‘CBP’’) International Trade Administration February 1, 2015, through January 31,
to assess antidumping duties on all 2016. The Department has preliminarily
appropriate entries of wind towers from Environmental Technologies Trade determined that three companies, the
Vietnam. Antidumping duties shall be Advisory Committee, Notice of Fangda Group, Fushun Jinly
assessed at rates equal to the cash Reestablishment Petrochemical Co., Ltd. (Fushun Jinly),
deposit of estimated antidumping duties and Jilin Carbon Import and Export
required at the time of entry, or AGENCY: International Trade Company (Jilin Carbon), had no
withdrawal from warehouse, for Administration, Commerce. shipments of subject merchandise
consumption in accordance with 19 ACTION: Notice of reestablishment of the during the period of review (POR).
CFR 351.212(c)(1)(i). The Department Environmental Technologies Trade DATES: Effective October 21, 2016.
intends to issue appropriate assessment Advisory Committee (ETTAC).
FOR FURTHER INFORMATION CONTACT:
instructions to CBP 15 days after the
SUMMARY: Pursuant to provisions under Dmitry Vladimirov, AD/CVD Operations
date of publication of this notice of
Title IV of the Jobs Through Trade Office I, Enforcement and Compliance,
rescission of administrative review.
Expansion Act, 22. U.S.C. 2151, and International Trade Administration,
Notifications under the Federal Advisory Committee U.S. Department of Commerce, 1401
This notice also serves as a final Act, 5 U.S.C. App. 2, the Department of Constitution Avenue NW., Washington,
reminder to importers for whom this Commerce announces the DC 20230; telephone: (202) 482–0665.
review is being rescinded of their reestablishment of the Environmental SUPPLEMENTARY INFORMATION:
responsibility under 19 CFR Technologies Trade Advisory
Committee (the Committee). ETTAC was Background
351.402(f)(2) to file a certificate
regarding the reimbursement of first chartered on May 31, 1994. ETTAC On February 3, 2016, we published a
antidumping duties prior to liquidation serves as an advisory body to the notice of opportunity to request an
of the relevant entries during this Environmental Trade Working Group of administrative review of the
review period. Failure to comply with the Trade Promotion Coordinating antidumping duty order on graphite
this requirement could result in the Committee (TPCC), reporting directly to electrodes from the PRC for the POR
Secretary’s presumption that the Secretary of Commerce in his/her February 1, 2015, through January 31,
reimbursement of the antidumping capacity as Chairman of the TPCC. 2016.1 On April 7, 2016, in response to
duties occurred and the subsequent ETTAC advises on the development and a timely request from the petitioners,2
assessment of double antidumping administration of policies and programs and in accordance with section 751(a) of
duties. to expand U.S. exports of environmental the Tariff Act of 1930, as amended (the
This notice also serves as a reminder technologies, goods, and services. Act), and 19 CFR 351.221(c)(1)(i), we
to parties subject to administrative FOR FURTHER INFORMATION CONTACT: Ms. initiated an administrative review of the
protective orders (‘‘APO’’) of their Maureen Hinman, Office of Energy & antidumping duty order on graphite
responsibility concerning the return or Environmental Industries (OEEI), electrodes from the PRC with respect to
destruction of proprietary information International Trade Administration, 196 companies.3 On August 19, 2016, in
disclosed under APO in accordance Room 4053, 1401 Constitution Avenue response to a timely withdrawal request
with 19 CFR 351.305, which continues NW., Washington, DC 20230. (Phone: from the petitioners, we rescinded the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
to govern business proprietary 202–482–0627; Fax: 202–482–5665;
email: maureen.hinman@trade.gov). 1 See Antidumping or Countervailing Duty Order,
4 See Letter from Petitioner, ‘‘Utility Scale Wind Finding, or Suspended Investigation; Opportunity
Dated: October 17, 2016. to Request Administrative Review, 81 FR 5712
Towers from the Socialist Republic of Vietnam:
Withdrawal of Request for Administrative Review,’’ Edward A. O’Malley, (February 3, 2016).
2 SGL Carbon LLC and Superior Graphite Co
dated July 6, 2016; see also Letter from CS Wind, Director, Office of Energy and Environmental
‘‘Withdrawal of Review Request: Administrative Industries. (collectively, the petitioners).
Review of the Antidumping Duty Order on Utility 3 See Initiation of Antidumping and
Scale Wind Towers from the Socialist Republic of [FR Doc. 2016–25524 Filed 10–20–16; 8:45 am] Countervailing Duty Administrative Reviews, 81 FR
Vietnam,’’ dated July 6, 2016. BILLING CODE 3510–DR–P 20324 (April 7, 2016).
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![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72779
merchandise, any suspended entries of DEPARTMENT OF COMMERCE made to the existing trip expenditure
subject merchandise during the POR questions to clarify certain types of
from these companies will be liquidated National Oceanic and Atmospheric expenditures, and two questions on the
at the PRC-wide rate.17 Administration trip expenditure instrument will be
dropped.
Cash Deposit Requirements Proposed Information Collection;
Comment Request; Marine II. Method of Collection
The following cash deposit Recreational Fishing Expenditure
requirements will be effective upon Survey The survey will be conducted using a
publication of the final results of this combination of four modes: Phone, in-
administrative review for all shipments AGENCY: National Oceanic and person interviews, mail, and electronic
Atmospheric Administration (NOAA), (Internet and/or mobile app).
of the subject merchandise entered, or
Commerce.
withdrawn from warehouse, for
ACTION: Notice. III. Data
consumption on or after the publication
date of the final results of review, as SUMMARY: The Department of OMB Control Number: 0648–0693.
provided by section 751(a)(2)(C) of the Commerce, as part of its continuing Form Number(s): None.
Act: (1) For previously investigated or effort to reduce paperwork and
reviewed PRC and non-PRC exporters respondent burden, invites the general Type of Review: Regular submission
that received a separate rate in a prior public and other Federal agencies to (revision and extension of a currently
segment of this proceeding, the cash take this opportunity to comment on approved information collection).
deposit rate will continue to be the proposed and/or continuing information Affected Public: Individual anglers or
existing exporter-specific rate; (2) for all collections, as required by the households.
PRC exporters of subject merchandise Paperwork Reduction Act of 1995.
Estimated Number of Respondents:
that have not been found to be entitled DATES: Written comments must be
100,200: 14,200 for durable goods and
to a separate rate, the cash deposit rate submitted on or before December 20, 86,000 for trip expenditure surveys.
will be the PRC-wide rate of 159.64 2016.
Estimated Time per Response:
percent; and (3) for all non-PRC ADDRESSES: Direct all written comments
Durable goods survey, 15 minutes; trip
exporters of subject merchandise which to Jennifer Jessup, Departmental
expenditures survey, 5–8 minutes.
have not received their own rate, the Paperwork Clearance Officer,
cash deposit rate will be the rate Department of Commerce, Room 6616, Estimated Total Annual Burden
applicable to the PRC exporter that 14th and Constitution Avenue NW., Hours: 3,816.
supplied that non-PRC exporter. These Washington, DC 20230 (or via the Estimated Total Annual Cost to
deposit requirements, when imposed, Internet at JJessup@doc.gov). Public: $0 in recordkeeping/reporting
shall remain in effect until further FOR FURTHER INFORMATION CONTACT: costs.
notice. Requests for additional information or
copies of the information collection IV. Request for Comments
Notifications to Importers instrument and instructions should be
Comments are invited on: (a) Whether
directed to Sabrina Lovell, (301) 427–
This notice serves as a preliminary the proposed collection of information
8153 or sabrina.lovell@noaa.gov.
reminder to importers of their is necessary for the proper performance
SUPPLEMENTARY INFORMATION:
responsibility under 19 CFR of the functions of the agency, including
351.402(f)(2) to file a certificate I. Abstract whether the information shall have
regarding the reimbursement of This request is for revision and practical utility; (b) the accuracy of the
antidumping duties prior to liquidation extension of an existing data collection. agency’s estimate of the burden
of the relevant entries during this The objective of the survey is to (including hours and cost) of the
review period. Failure to comply with collect information on both trip proposed collection of information; (c)
this requirement may result in the expenditures and annual durable good ways to enhance the quality, utility, and
Department’s presumption that expenditures made by marine clarity of the information to be
reimbursement of antidumping duties recreational anglers. The survey will be collected; and (d) ways to minimize the
occurred and the subsequent assessment conducted in two parts. One part will burden of the collection of information
of doubled antidumping duties. ask anglers about the expenses incurred on respondents, including through the
This notice is issued and published in on their most recent marine recreational use of automated collection techniques
fishing trip. The other part of the survey or other forms of information
accordance with sections 751(a)(1) and
will ask anglers about their purchases of technology.
777(i)(1) of the Act, and 19 CFR
durable goods such as fishing gear,
351.221(b)(4). Comments submitted in response to
boats, vehicles, and second homes. As
Dated: October 14, 2016. specified in the Magnuson-Stevenson this notice will be summarized and/or
Paul Piquado, Fishery Conservation and Management included in the request for OMB
Act of 1996 (and reauthorized in 2007), approval of this information collection;
Assistant Secretary for Enforcement and
NMFS is required to enumerate the they also will become a matter of public
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Compliance.
economic impacts of the policies it record.
[FR Doc. 2016–25553 Filed 10–20–16; 8:45 am]
implements on fishing participants and Dated: October 17, 2016.
BILLING CODE 3510–DS–P
coastal communities. The expenditure Sarah Brabson,
data collected in this survey will be
NOAA PRA Clearance Officer.
17 For a full discussion of this practice, see Non- used to estimate the economic
[FR Doc. 2016–25454 Filed 10–20–16; 8:45 am]
Market Economy Antidumping Proceedings: contributions and impacts of marine
Assessment of Antidumping Duties, 76 FR 65694 recreational fishing to each coastal state BILLING CODE 3510–22–P
(October 24, 2011). and nationwide. Slight revisions will be
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Document Created: 2018-02-13 16:35:39
Document Modified: 2018-02-13 16:35:39
| 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 21, 2016. | |
| Contact | Dmitry Vladimirov, 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. | |
| FR Citation | 81 FR 72777 |
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