[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