83_FR_29870 83 FR 29747 - Small Diameter Graphite Electrodes From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

83 FR 29747 - Small Diameter Graphite Electrodes From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29747-29748
FR Document2018-13671

On April 16, 2018, the Department of Commerce (Commerce) 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 (China). 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, 2017, through January 31, 2018, with respect to 191 companies.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018) 
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29747-29748]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13671]


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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; 2017-2018

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

SUMMARY: On April 16, 2018, the Department of Commerce (Commerce) 
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 (China). 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, 2017, through 
January 31, 2018, with respect to 191 companies.

DATES: Applicable June 26, 2018.

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 26, 2009, Commerce published in the Federal Register 
the antidumping duty order on small diameter graphite electrodes from 
China.\1\ On February 1, 2018, Commerce published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on small diameter graphite electrodes from China for the period 
of review February 1, 2017, through January 31, 2018.\2\
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    \1\ See Antidumping Duty Order: Small Diameter Graphite 
Electrodes from the People's Republic of China, 74 FR 8775 (February 
26, 2009).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 4639 (February 1, 2018).
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    On February 28, 2018, Tokai Carbon GE LLC (the petitioner) \3\ 
requested an administrative review of the order for 192 producers and/
or exporters of the subject merchandise, including Fushun Jinly 
Petrochemical Carbon Co., Ltd.\4\ In addition, on February 28, 2018, 
producer and exporter Fushun Jinly Petrochemical Carbon Co., Ltd. 
requested a review of itself.\5\ On April 16, 2018, 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 China with respect to 
193 companies.\6\ On May 4, 2018, the petitioner withdrew its 
administrative review request for 191 out of the 192 companies for 
which it requested a review.\7\ See the Initiation Notice for the full 
list of companies for which Commerce initiated a review.
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    \3\ Formerly, SGL Carbon LLC and Superior Graphite Co.
    \4\ See the petitioner's submission, ``Small Diameter Graphite 
Electrodes from the People's Republic of China--Request for 
Initiation of Antidumping Administrative Review,'' dated February 
28, 2018. The petitioner's review request included Fushun Jinli 
Petrochemical Carbon Co., Ltd. (emphasis added).
    \5\ See Fushun Jinly Petrochemical Carbon Co., Ltd.'s, ``Small 
Diameter Graphite Electrodes from the People's Republic of China: 
Request for an Administrative Review,'' dated February 28, 2018. For 
purposes of this review, we are treating Fushun Jinli Petrochemical 
Carbon Co., Ltd. and Fushun Jinly Petrochemical Carbon Co., Ltd. as 
the same respondent company.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
    \7\ See the petitioner's submission, ``Small Diameter Graphite 
Electrodes from the People's Republic of China--Petitioner's 
Withdrawal of Certain Requests for Review,'' dated May 4, 2018. The 
petitioner withdrew its review request with respect to all companies 
except for Fushun Jinli Petrochemical Carbon Co., Ltd.
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Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce 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 
petitioner timely withdrew its review request, in part, by the 90-day 
deadline, and no other party requested an administrative review of the 
antidumping duty order for the companies for which the petitioner 
withdrew its review request. Therefore, we are rescinding the 
administrative review of the antidumping duty order on small diameter 
graphite electrodes from China for the period February 1, 2017, through 
January 31, 2018, with respect to the 191 companies for which all 
review requests were withdrawn. The review will continue only with 
respect to the remaining company Fushun Jinly Petrochemical Carbon Co., 
Ltd, aka Fushun Jinli Petrochemical Carbon Co., Ltd.\8\
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    \8\ In a prior administrative review of electrodes from China, 
we found that Fushun Jinly Petrochemical Carbon Co., Ltd. is the 
same entity as Fushun Jinli Petrochemical Carbon Co., Ltd. See, 
e.g., Small Diameter Graphite Electrodes from the People's Republic 
of China: Final Results of the Antidumping Duty Administrative 
Review, 77 FR 40854, 40856 n.3 (July 11, 2012). Consistent with this 
determination, and in the absence thus far of contrary evidence, we 
are treating these companies as the same entity. See also 
Memorandum, ``Antidumping Duty Administrative Review: Small Diameter 
Graphite Electrodes form the People's Republic of China--Respondent 
Selection,'' dated May 15, 2018.
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Assessment

    Commerce 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 on the subject merchandise 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). Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after publication of this notice in the 
Federal Register.

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

[[Page 29748]]

result in Commerce'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), which continues to govern 
business proprietary information in this segment of the proceeding. 
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 is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: June 19, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-13671 Filed 6-25-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29747 5. Information regarding the SUPPLEMENTARY INFORMATION: Partial Rescission of Review ownership and control of the sponsoring Pursuant to 19 CFR 351.213(d)(1), entity, including the stock holdings as Background Commerce will rescind an appropriate. On February 26, 2009, Commerce administrative review, in whole or in 6. The sponsoring entity’s size, place published in the Federal Register the part, if the party that requested the of incorporation, product or service line, antidumping duty order on small review withdraws its request within 90 major markets in which the entity diameter graphite electrodes from days of the publication of the notice of operates, and the entity’s export or initiation of the requested review. In China.1 On February 1, 2018, Commerce import experience. this case, the petitioner timely withdrew 7. A profile of the entity’s foreign published a notice of opportunity to request an administrative review of the its review request, in part, by the 90-day direct investment activities, including antidumping duty order on small deadline, and no other party requested investment activities, investment plans, diameter graphite electrodes from China an administrative review of the investment-facilitation activities, or for the period of review February 1, antidumping duty order for the other foreign direct investment 2017, through January 31, 2018.2 companies for which the petitioner activities. 8. Brief statement describing how the withdrew its review request. Therefore, On February 28, 2018, Tokai Carbon applicant will contribute to the work of we are rescinding the administrative GE LLC (the petitioner) 3 requested an the Council based on his or her unique review of the antidumping duty order administrative review of the order for experience and perspective (not to on small diameter graphite electrodes 192 producers and/or exporters of the exceed 100 words). from China for the period February 1, subject merchandise, including Fushun 2017, through January 31, 2018, with 9. All relevant contact information, Jinly Petrochemical Carbon Co., Ltd.4 In including mailing address, fax, email, respect to the 191 companies for which addition, on February 28, 2018, all review requests were withdrawn. phone number, and support staff producer and exporter Fushun Jinly information where relevant. The review will continue only with Petrochemical Carbon Co., Ltd. respect to the remaining company Anthony Diaz, requested a review of itself.5 On April Fushun Jinly Petrochemical Carbon Co., Program Analyst, Global Markets, 16, 2018, in accordance with section Ltd, aka Fushun Jinli Petrochemical International Trade Administration. 751(a) of the Tariff Act of 1930, as Carbon Co., Ltd.8 [FR Doc. 2018–13546 Filed 6–25–18; 8:45 am] amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an Assessment BILLING CODE 3510–DS–P administrative review of the order on Commerce will instruct U.S. Customs small diameter graphite electrodes from and Border Protection (CBP) to assess DEPARTMENT OF COMMERCE China with respect to 193 companies.6 antidumping duties on all appropriate On May 4, 2018, the petitioner entries. For the companies for which International Trade Administration withdrew its administrative review this review is rescinded, antidumping [A–570–929] request for 191 out of the 192 companies duties shall be assessed on the subject for which it requested a review.7 See the merchandise at rates equal to the cash Small Diameter Graphite Electrodes Initiation Notice for the full list of deposit of estimated antidumping duties From the People’s Republic of China: companies for which Commerce required at the time of entry, or Notice of Partial Rescission of initiated a review. withdrawal from warehouse, for Antidumping Duty Administrative consumption, in accordance with 19 Review; 2017–2018 1 See Antidumping Duty Order: Small Diameter CFR 351.212(c)(1)(i). Commerce intends Graphite Electrodes from the People’s Republic of to issue appropriate assessment AGENCY: Enforcement and Compliance, China, 74 FR 8775 (February 26, 2009). instructions to CBP 15 days after International Trade Administration, 2 See Antidumping or Countervailing Duty Order, publication of this notice in the Federal Department of Commerce. Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 4639 Register. SUMMARY: On April 16, 2018, the (February 1, 2018). Department of Commerce (Commerce) 3 Formerly, SGL Carbon LLC and Superior Notification to Importers published a notice of initiation of an Graphite Co. This notice serves as a final reminder 4 See the petitioner’s submission, ‘‘Small administrative review of the to importers of their responsibility Diameter Graphite Electrodes from the People’s antidumping duty order on small Republic of China—Request for Initiation of under 19 CFR 351.402(f)(2) to file a diameter graphite electrodes from the Antidumping Administrative Review,’’ dated certificate regarding the reimbursement People’s Republic of China (China). February 28, 2018. The petitioner’s review request of antidumping duties prior to Based on the timely withdrawal of the included Fushun Jinli Petrochemical Carbon Co., Ltd. (emphasis added). liquidation of the relevant entries requests for review of certain 5 See Fushun Jinly Petrochemical Carbon Co., during this review period. Failure to companies, we are now rescinding this Ltd.’s, ‘‘Small Diameter Graphite Electrodes from comply with this requirement could administrative review for the period the People’s Republic of China: Request for an February 1, 2017, through January 31, Administrative Review,’’ dated February 28, 2018. 8 In a prior administrative review of electrodes 2018, with respect to 191 companies. For purposes of this review, we are treating Fushun from China, we found that Fushun Jinly Jinli Petrochemical Carbon Co., Ltd. and Fushun Petrochemical Carbon Co., Ltd. is the same entity DATES: Applicable June 26, 2018. Jinly Petrochemical Carbon Co., Ltd. as the same as Fushun Jinli Petrochemical Carbon Co., Ltd. See, FOR FURTHER INFORMATION CONTACT: respondent company. e.g., Small Diameter Graphite Electrodes from the 6 See Initiation of Antidumping and Dennis McClure or John Anwesen, AD/ People’s Republic of China: Final Results of the sradovich on DSK3GMQ082PROD with NOTICES Countervailing Duty Administrative Reviews, 83 FR Antidumping Duty Administrative Review, 77 FR CVD Operations, Office VIII, 16298 (April 16, 2018) (Initiation Notice). 40854, 40856 n.3 (July 11, 2012). Consistent with Enforcement and Compliance, 7 See the petitioner’s submission, ‘‘Small this determination, and in the absence thus far of International Trade Administration, Diameter Graphite Electrodes from the People’s contrary evidence, we are treating these companies U.S. Department of Commerce, 1401 Republic of China—Petitioner’s Withdrawal of as the same entity. See also Memorandum, Certain Requests for Review,’’ dated May 4, 2018. ‘‘Antidumping Duty Administrative Review: Small Constitution Avenue NW, Washington, The petitioner withdrew its review request with Diameter Graphite Electrodes form the People’s DC 20230; telephone: (202) 482–5973 or respect to all companies except for Fushun Jinli Republic of China—Respondent Selection,’’ dated (202) 482–0131, respectively. Petrochemical Carbon Co., Ltd. May 15, 2018. VerDate Sep<11>2014 17:24 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1

29748 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices result in Commerce’s presumption that Background DEPARTMENT OF COMMERCE reimbursement of the antidumping duties occurred and the subsequent On May 22, 2018, Commerce received International Trade Administration assessment of doubled antidumping AD petitions concerning imports of steel [A–570–069, A–549–835] duties. propane cylinders from China, Taiwan and Thailand, filed on behalf of the Rubber Bands From the People’s Notification Regarding Administrative petitioners.1 On June 11, 2018, Protective Orders Republic of China and Thailand: Commerce initiated the LTFV Postponement of Preliminary This notice also serves as a reminder investigations of steel propane cylinders Determinations in the Less-Than-Fair- to parties subject to administrative from China, Taiwan and Thailand, Value Investigations protective order (APO) of their which were published in the Federal responsibility concerning the AGENCY: Enforcement and Compliance, Register on June 18, 2018.2 On June 14, disposition of proprietary information International Trade Administration, 2018, the petitioners submitted a letter Department of Commerce. disclosed under APO in accordance withdrawing the AD petition with with 19 CFR 351.305(a)(3), which respect to Taiwan.3 Section DATES: Applicable June 26, 2018. continues to govern business 351.207(b)(1) of Commerce’s regulations FOR FURTHER INFORMATION CONTACT: proprietary information in this segment Stephanie Berger at (202) 482–2483 stipulates that the Secretary may of the proceeding. Timely written (People’s Republic of China (China)) terminate an investigation, provided it notification of the return or destruction and Laurel LaCivita at (202) 482–4243 has concluded that termination of the of APO materials, or conversion to (Thailand), AD/CVD Operations, judicial protective order, is hereby investigation is in the public interest.4 Enforcement and Compliance, requested. Failure to comply with the Because the petitioners have withdrawn International Trade Administration, regulations and terms of an APO is is a their May 22, 2017, AD petition with U.S. Department of Commerce, 1401 sanctionable violation. respect to Taiwan, and have requested Constitution Avenue NW, Washington, This notice is issued and published in that Commerce terminate this DC 20230. accordance with sections 751(a)(1) and investigation, we determine that SUPPLEMENTARY INFORMATION: 777(i)(1) of the Act, and 19 CFR termination of this investigation is in 351.213(d)(4). the public interest, pursuant to 19 CFR Background Dated: June 19, 2018. 351.207(b)(1).5 Accordingly, pursuant to On February 20, 2018, the Department James Maeder, section 734(a)(1)(A) of the Tariff Act of of Commerce (Commerce) initiated less- 1930, as amended (the Act), and 19 CFR than-fair-value (LTFV) investigations of Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty 351.207(b)(1), we are terminating the imports of rubber bands from China, Sri Operations performing the duties of Deputy LTFV investigation with respect to Lanka, and Thailand.1 On March 19, Assistant Secretary for Antidumping and Taiwan. 2018, the U.S. International Trade Countervailing Duty Operations. Commission (ITC) notified Commerce of Termination of Investigation its affirmative preliminary [FR Doc. 2018–13671 Filed 6–25–18; 8:45 am] determination with respect to China and BILLING CODE 3510–DS–P In accordance with section Thailand, its negligibility determination 734(a)(1)(A) of the Act and 19 CFR concerning imports of rubber bands 351.207(b)(1), upon the petitioners’ from Sri Lanka, and its termination of DEPARTMENT OF COMMERCE withdrawal of the Taiwan petition, we its investigation of imports from Sri International Trade Administration are terminating the LTFV investigation Lanka.2 On March 22, the ITC published of steel propane cylinders from Taiwan. in the Federal Register a notice of its [A–583–864] Dated: June 20, 2018. preliminary determination with respect Steel Propane Cylinders From Taiwan: Gary Taverman, to China and Thailand, and its Termination of Less-Than-Fair-Value Deputy Assistant Secretary, for Antidumping determination that imports of rubber Investigation and Countervailing Duty Operations, bands from Sri Lanka are negligible.3 performing the non-exclusive functions and Because the ITC has terminated its AGENCY: Enforcement and Compliance, duties of the Assistant Secretary for investigation of rubber bands from Sri International Trade Administration, Enforcement and Compliance. Lanka, Commerce’s investigation is also Department of Commerce. terminated.4 The preliminary [FR Doc. 2018–13675 Filed 6–25–18; 8:45 am] SUMMARY: Based on Worthington determinations for China and Thailand BILLING CODE 3510–DS–P Industries and Manchester Tank & Equipment Co.’s (the petitioners) 1 See 1 See Rubber Bands from the People’s Republic of the petitioners’ letter, ‘‘Steel Propane China, Sri Lanka, and Thailand: Initiation of Less- withdrawal of the antidumping duty Cylinders from the People’s Republic of China, Than-Fair-Value Investigations, 83 FR 8424 (AD) petition on steel propane cylinders Taiwan, and Thailand: Petition for the Imposition (February 27, 2018). from Taiwan, we are terminating the of Antidumping and Countervailing Duties,’’ dated 2 See the ITC’s letter dated March 19, 2018 less-than-fair-value (LTFV) May 22, 2018 (the Petition). For the purposes of the (Notification of ITC Preliminary Determinations); instant notice, all references to ‘the Petition’ refer see also Rubber Bands from China, Sri Lanka, and investigation. specifically to the AD Petition with respect to Thailand; Determinations, 83 FR 12594 (March 22, DATES: Applicable June 26, 2018. Taiwan. 2018); see also ITC publication 4770 (March 2018), 2 See Steel Propane Cylinders from the People’s FOR FURTHER INFORMATION CONTACT: Rubber Bands from China, Sri Lanka, and Thailand, sradovich on DSK3GMQ082PROD with NOTICES Republic of China, Taiwan, and Thailand: Initiation Investigation Nos. 701–TA–598–600 and 731–TA– Laurel LaCivita, AD/CVD Operations, of Less-Than-Fair-Value Investigations, 83 FR 1408–1410 (Preliminary) at page 1. Office III, Enforcement and Compliance, 28196 (June 18, 2018). 3 See Rubber Bands from China, Sri Lanka, and International Trade Administration, 3 See the petitioners’ letter, ‘‘Steel Propane Thailand; Determinations, 83 FR 12594 (March 22, U.S. Department of Commerce, 1401 Cylinders from the People’s Republic of China, 2018). Taiwan, and Thailand: Withdrawal of Taiwan 4 See 19 CFR 351.207(d) (stating that Commerce’s Constitution Avenue NW, Washington, Antidumping Duty Petition,’’ dated June 14, 2018. investigation terminates automatically upon the DC 20230; telephone (202) 482–4243. 4 See 19 CFR 351.207(b)(1). publication in the Federal Register of the ITC’s SUPPLEMENTARY INFORMATION: 5 See Withdrawal Letter at 1–2. negative preliminary determination). VerDate Sep<11>2014 18:50 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1


Document Created: 2018-06-26 00:52:00
Document Modified: 2018-06-26 00:52:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable June 26, 2018.
ContactDennis 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 Citation83 FR 29747 
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