82 FR 26048 - Small Diameter Graphite Electrodes From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range		26048-26049
FR Document		2017-11670

On April 10, 2017, The Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on small diameter graphite electrodes from the People's Republic of China (PRC). Based on the timely withdrawal of the requests for review of certain companies, we are now rescinding this administrative review for the period February 1, 2016 through January 31, 2017 with respect to 191 companies.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017)

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26048-26049]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11670]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Notice of Partial Rescission of Antidumping Duty Administrative 
Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: On April 10, 2017, The Department of Commerce (the Department) 
published a notice of initiation of an administrative review of the 
antidumping duty order on small diameter graphite electrodes from the 
People's Republic of China (PRC). Based on the timely withdrawal of the 
requests for review of certain companies, we are now rescinding this 
administrative review for the period February 1, 2016 through January 
31, 2017 with respect to 191 companies.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-5973 or (202) 
482-0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 8, 2017, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on small diameter graphite electrodes from the PRC for the period 
of review (POR) February 1, 2016, through January 31, 2017.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 9709 (February 8, 2017).
---------------------------------------------------------------------------

    On February 28, 2017, SGL Carbon LLC and Superior Graphite Co. (the 
petitioners) requested an administrative review of the order for 194 
producers and/or exporters of the subject merchandise.\2\ On April 10, 
2017, 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 order on small diameter graphite 
electrodes from the People's Republic of China with

[[Page 26049]]

respect to 194 companies.\3\ On April 21, 2017, the petitioners 
withdrew their request for an administrative review for 191 out of 194 
companies.\4\ See the Initiation Notice for the full list of companies 
for which the Department initiated a review. No other party requested 
an administrative review of this order.
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    \2\ See the petitioners' submission, ``Small Diameter Graphite 
Electrodes from the People's Republic of China--Request for 
Initiation of Antidumping Administrative Review,'' dated February 
28, 2017.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 17188 (April 10, 2017) (Initiation 
Notice).
    \4\ See the petitioners' submission, ``Small Diameter Graphite 
Electrodes from the People's Republic of China--Petitioners' 
Withdrawal of Certain Requests for Review and Respondent Selection 
Comments,'' dated April 20, 2017.
---------------------------------------------------------------------------

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. In this case, the 
petitioners timely withdrew their review request, in part, by the 90-
day deadline, and no other party requested an administrative review of 
the antidumping duty order. Therefore, we are rescinding the 
administrative review of the antidumping duty order on small diameter 
graphite electrodes from the PRC for the period February 1, 2016, 
through January 31, 2017, with respect to the 191 for which all review 
requests were withdrawn. The review will continue with respect to the 
remaining three companies: (1) Fangda Group; \5\ (2) Fushun Jinly 
Petrochemical Carbon Co., Ltd.; and (3) Xuzhou Jianglong Carbon 
Products Co., Ltd.
---------------------------------------------------------------------------

    \5\ The Fangda Group consists of 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.
---------------------------------------------------------------------------

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For the 
companies for which this review is rescinded, antidumping duties shall 
be assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of this notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    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 violation which 
is subject to sanction.
    We intend to issue and publish this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: May 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2017-11670 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P

26048 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

dumping margin is zero or de minimis published for the most recent period; (3) DEPARTMENT OF COMMERCE
in the final results of review, we will if the exporter is not a firm covered in
instruct CBP not to assess duties on any this review, a prior review, or in the International Trade Administration
of its entries in accordance with the less-than-fair value investigation but the [A–570–929]
Final Modification for Reviews, i.e., manufacturer is, the cash deposit rate
‘‘{w}here the weighted-average margin will be the rate established for the most Small Diameter Graphite Electrodes
of dumping for the exporter is recent period for the manufacturer of From the People’s Republic of China:
determined to be zero or de minimis, no the merchandise; and (4) the cash Notice of Partial Rescission of
antidumping duties will be assessed.’’ 22 deposit rate for all other manufacturers Antidumping Duty Administrative
The final results of this review shall be or exporters will continue to be the all- Review; 2016–2017
the basis for the assessment of others rate of 45.42 percent, which is
antidumping duties on entries of the all-others rate established in the AGENCY: Enforcement and Compliance,
merchandise covered by the final results investigation.26 These cash deposit International Trade Administration,
of this review and for future deposits of requirements, when imposed, shall Commerce.
estimated duties, where applicable. remain in effect until further notice. SUMMARY: On April 10, 2017, The
For entries of subject merchandise Department of Commerce (the
during the POR produced by Toyo Notification to Importers Department) published a notice of
Kohan for which it did not know its This notice also serves as a reminder initiation of an administrative review of
merchandise was destined for the to importers of their responsibility the antidumping duty order on small
United States, we will instruct CBP to under 19 CFR 351.402(f)(2) to file a diameter graphite electrodes from the
liquidate unreviewed entries at the all- certificate regarding the reimbursement People’s Republic of China (PRC). Based
others rate if there is no rate for of antidumping duties prior to on the timely withdrawal of the requests
intermediate company(ies) involved in liquidation of the relevant entries for review of certain companies, we are
the transaction.23 In addition, if the during this review period. Failure to now rescinding this administrative
Department determines that NSSMC comply with this requirement could review for the period February 1, 2016
had no shipments of subject result in the Department’s presumption through January 31, 2017 with respect to
merchandise, any suspended entries that reimbursement of antidumping 191 companies.
that entered under NSSMC’s case duties occurred and the subsequent DATES: Effective June 6, 2017.
number will be liquidated at the all- assessment of double antidumping FOR FURTHER INFORMATION CONTACT:
other’s rate.24 The all-others rate is duties. Dennis McClure or John Anwesen, AD/
45.42 percent.25 We intend to issue We are issuing and publishing this CVD Operations, Office VIII,
liquidation instructions to CBP 15 days notice in accordance with sections Enforcement and Compliance,
after publication of the final results of 751(a)(1) and 777(i)(1) of the Act and 19 International Trade Administration,
this review. CFR 351.213(h)(1). U.S. Department of Commerce, 1401
Cash Deposit Requirements Dated: May 30, 2017. Constitution Avenue NW., Washington,
Ronald K. Lorentzen, DC 20230; telephone: (202) 482–5973 or
The following cash deposit (202) 482–0131, respectively.
requirements will be effective upon Acting Assistant Secretary for Enforcement
and Compliance. SUPPLEMENTARY INFORMATION:
publication of the final results of this
administrative review for all shipments Appendix I Background
of the subject merchandise entered, or On February 8, 2017, the Department
withdrawn from warehouse, for List of Topics Discussed in the Preliminary
Decision Memorandum published a notice of opportunity to
consumption on or after the publication request an administrative review of the
date of the final results of this I. Summary
II. Background antidumping duty order on small
administrative review, as provided by diameter graphite electrodes from the
III. Scope of the Order
section 751(a)(2)(C) of the Act: (1) The PRC for the period of review (POR)
IV. Preliminary Finding of No Shipments
cash deposit rate for Toyo Kohan will be V. Comparisons to Normal Value February 1, 2016, through January 31,
that established in the final results of VI. Product Comparisons 2017.1
this administrative review (except, if the VII. Discussion of Methodology On February 28, 2017, SGL Carbon
rate is zero or de minimis, no cash A. Determination of Comparison Method LLC and Superior Graphite Co. (the
deposit will be required); (2) for B. Results of the Differential Pricing petitioners) requested an administrative
merchandise exported by manufacturers Analysis review of the order for 194 producers
or exporters not covered in this review C. Date of Sale
and/or exporters of the subject
but covered in a prior segment of this D. Export Price
E. Normal Value merchandise.2 On April 10, 2017, in
proceeding, the cash deposit rate will accordance with section 751(a) of the
1. Home Market Viability
continue to be the company-specific rate 2. Level of Trade Tariff Act of 1930, as amended (the Act)
3. Sales to Affiliated Customers and 19 CFR 351.221(c)(1)(i), we initiated
22 See Antidumping Proceedings: Calculation of
4. Cost of Production Analysis an administrative review of the order on
the Weighted-Average Dumping Margin and 5. Cost of Production Test
Assessment Rate in Certain Antidumping small diameter graphite electrodes from
Proceedings: Final Modification, 77 FR 8101, 8102
6. Calculation of Normal Value Based on the People’s Republic of China with
(February 14, 2012) (Final Modification for Comparison Market Prices
7. Price-to-Constructed Value Comparisons
mstockstill on DSK30JT082PROD with NOTICES

Reviews). 1 See Antidumping or Countervailing Duty Order,
23 See Antidumping and Countervailing Duty 8. Constructed Value Finding, or Suspended Investigation; Opportunity
Proceedings: Assessment of Antidumping Duties, 68 F. Currency Conversion to Request Administrative Review, 82 FR 9709
FR 23954 (May 6, 2003). VIII. Recommendation (February 8, 2017).
24 Id. 2 See the petitioners’ submission, ‘‘Small
[FR Doc. 2017–11672 Filed 6–5–17; 8:45 am]
25 See Diffusion-Annealed, Nickel-Plated Flat- Diameter Graphite Electrodes from the People’s
Rolled Steel Products from Japan: Antidumping BILLING CODE 3510–DS–P Republic of China—Request for Initiation of
Duty Order, 79 FR 30816, 30817 (May 29, 2014) Antidumping Administrative Review,’’ dated
(Order). 26 See Order, 79 FR at 30817. February 28, 2017.

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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26049

respect to 194 companies.3 On April 21, certificate regarding the reimbursement Background
2017, the petitioners withdrew their of antidumping duties prior to On February 8, 2017, the Department
request for an administrative review for liquidation of the relevant entries published in the Federal Register a
191 out of 194 companies.4 See the during this review period. Failure to notice of ‘‘Opportunity to Request
Initiation Notice for the full list of comply with this requirement could Administrative Review’’ of the
companies for which the Department result in the Department’s presumption antidumping duty order on certain
initiated a review. No other party that reimbursement of the antidumping preserved mushrooms from India for the
requested an administrative review of duties occurred and the subsequent period of February 1, 2016 through
this order. assessment of doubled antidumping January 31, 2017.1
Partial Rescission of Review duties. On February 28 2017, in accordance
Notification Regarding Administrative with section 751(a) of the Tariff Act of
Pursuant to 19 CFR 351.213(d)(1), the
Protective Orders 1930, as amended (the Act), and 19 CFR
Department will rescind an
351.213(b), the Department received a
administrative review, in whole or in This notice also serves as a reminder timely request from Himalya
part, if the party that requested the to parties subject to administrative International Limited and Himalya
review withdraws its request within 90 protective order (APO) of their
days of the publication of the notice of International Inc. (collectively, Himalya)
responsibility concerning the to conduct an administrative review of
initiation of the requested review. In disposition of proprietary information
this case, the petitioners timely the antidumping duty order on
disclosed under APO in accordance mushrooms from India manufactured
withdrew their review request, in part, with 19 CFR 351.305(a)(3). Timely
by the 90-day deadline, and no other and exported by Himalya International
written notification of the return or Limited.2
party requested an administrative destruction of APO materials, or On April 10, 2017, the Department
review of the antidumping duty order. conversion to judicial protective order, published in the Federal Register a
Therefore, we are rescinding the is hereby requested. Failure to comply notice of initiation of an administrative
administrative review of the with the regulations and terms of an review of the antidumping duty order.3
antidumping duty order on small APO is a violation which is subject to This administrative review covers
diameter graphite electrodes from the sanction. Himalya during the period February 1,
PRC for the period February 1, 2016, We intend to issue and publish this 2016 through January 31, 2017. On May
through January 31, 2017, with respect notice in accordance with sections 16, 2017, Himalya timely withdrew its
to the 191 for which all review requests 751(a)(1) and 777(i)(1) of the Act, and 19 request for an administrative review.4
were withdrawn. The review will CFR 351.213(d)(4).
continue with respect to the remaining Dated: May 31, 2017.
Rescission of Review
three companies: (1) Fangda Group; 5 (2) Pursuant to 19 CFR 351.213(d)(1), the
Gary Taverman,
Fushun Jinly Petrochemical Carbon Co., Department will rescind an
Deputy Assistant Secretary for Antidumping
Ltd.; and (3) Xuzhou Jianglong Carbon administrative review, if the party that
and Countervailing Duty Operations.
Products Co., Ltd. requested the review withdraws its
[FR Doc. 2017–11670 Filed 6–5–17; 8:45 am]
Assessment BILLING CODE 3510–DS–P
request within 90 days of the date of
publication of notice of initiation of the
The Department will instruct U.S.
requested review. Himalya withdrew its
Customs and Border Protection (CBP) to
DEPARTMENT OF COMMERCE review request before the 90-day
assess antidumping duties on all
deadline, and no other party requested
appropriate entries. For the companies
International Trade Administration an administrative review of the
for which this review is rescinded,
antidumping duty order. Therefore, in
antidumping duties shall be assessed at [A–533–813]
response to the timely withdrawal of the
rates equal to the cash deposit of
Certain Preserved Mushrooms From review request, the Department is
estimated antidumping duties required
India: Rescission of Antidumping Duty rescinding in its entirety the
at the time of entry, or withdrawal from
Administrative Review; 2016–2017 administrative review of the
warehouse, for consumption, in
antidumping duty order on mushrooms
accordance with 19 CFR AGENCY: Enforcement and Compliance, from India for the review period
351.212(c)(1)(i). The Department International Trade Administration, February 1, 2016 through January 31,
intends to issue appropriate assessment Commerce. 2017.
instructions directly to CBP 15 days SUMMARY: The Department of Commerce
after publication of this notice. (the Department) is rescinding the Assessment
Notification to Importers administrative review of the The Department will instruct U.S.
antidumping duty order on certain Customs and Border Protection (CBP) to
This notice serves as a final reminder
to importers of their responsibility preserved mushrooms (mushrooms)
under 19 CFR 351.402(f)(2) to file a from India for the period of February 1, 1 See Antidumping or Countervailing Duty Order,

2016 through January 31, 2017. Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 9709
3 See Initiation of Antidumping and DATES: Effective June 6, 2017. (February 8, 2017).
Countervailing Duty Administrative Reviews, 82 FR FOR FURTHER INFORMATION CONTACT: 2 See Himalya’s letter, ‘‘Preserved Mushrooms

17188 (April 10, 2017) (Initiation Notice). Katherine Johnson or Denisa Ursu, from India—Request for Administrative Review of
mstockstill on DSK30JT082PROD with NOTICES

4 See the petitioners’ submission, ‘‘Small Himalya International Inc & Himalya International
Diameter Graphite Electrodes from the People’s
Enforcement and Compliance, Limited,’’ dated February 28, 2017.
Republic of China—Petitioners’ Withdrawal of International Trade Administration, 3 See Initiation of Antidumping and

Certain Requests for Review and Respondent U.S. Department of Commerce, 1401 Countervailing Duty Administrative Reviews, 82 FR
Selection Comments,’’ dated April 20, 2017. Constitution Avenue NW., Washington, 17188 (April 10, 2017).
5 The Fangda Group consists of Beijing Fangda 4 See Himalya’s letter, ‘‘Certain Preserved
DC 20230; Telephone: (202) 482–4929
Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Mushrooms from India: Withdraw of Admin
Co., Ltd., Fangda Carbon New Material Co., Ltd., or (202) 482–2285, respectively. Review Request Made on February 28th, 2017’’
Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd. SUPPLEMENTARY INFORMATION: dated May 16, 2017.

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Document Created: 2017-06-06 06:21:15
Document Modified: 2017-06-06 06:21:15

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 June 6, 2017.
Contact		Dennis McClure or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5973 or (202) 482-0131, respectively.
FR Citation		82 FR 26048

82 FR 26048 - Small Diameter Graphite Electrodes From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration