[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Notices]
[Page 12461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4491]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1143 (Preliminary)]


Small Diameter Graphite Electrodes From China

Determination

    On the basis of the record\1\ developed in the subject 
investigation, the United States International Trade Commission 
(Commission) determines, pursuant to section 733(a) of the Tariff Act 
of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable 
indication that an industry in the United States is materially injured 
by reason of imports from China of small diameter graphite 
electrodes,\2\ provided for in subheading 8545.11.00 of the Harmonized 
Tariff Schedule of the United States, that are alleged to be sold in 
the United States at less than fair value (LTFV).
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Chairman Daniel R. Pearson and Commissioner Dean A. Pinkert 
made affirmative determinations based on a reasonable indication 
that an industry in the United States is threatened with material 
injury by reason of subject imports of small diameter graphite 
electrodes from China that are alleged to be sold in the United 
States at less than fair value.
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Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigation. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of an affirmative preliminary 
determination in the investigation under section 733(b) of the Act, or, 
if the preliminary determination is negative, upon notice of an 
affirmative final determination in that investigation under section 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigation need not enter a separate 
appearance for the final phase of the investigation. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.

Background

    On January 17, 2008, a petition was filed with the Commission and 
Commerce by SGL Carbon LLC, Charlotte, NC and Superior Graphite Co., 
Chicago, IL, alleging that an industry in the United States is 
materially injured or threatened with material injury by reason of LTFV 
imports of small diameter graphite electrodes from China. Accordingly, 
effective January 17, 2008, the Commission instituted antidumping duty 
investigation No. 731-TA-1143 (Preliminary).
    Notice of the institution of the Commission's investigation and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of January 25, 2008 (73 FR 4627). The 
conference was held in Washington, DC, on February 7, 2008, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on March 3, 2008. The views of the 
Commission are contained in USITC Publication 3985 (March 2008), 
entitled Small Diameter Graphite Electrodes from China: Investigation 
No. 731-TA-1143 (Preliminary).

    By order of the Commission.

    Issued: March 3, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-4491 Filed 3-6-08; 8:45 am]
BILLING CODE 7020-02-P