[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22843-22845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09059]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order and Intent To Rescind Later-Developed
Merchandise Circumvention Inquiry
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that imports from the People's Republic of China (``PRC'')
of
[[Page 22844]]
certain graphite electrodes, produced and/or exported by Sinosteel
Jilin Carbon Co., Ltd. and Jilin Carbon Import & Export Company
(collectively, ``Jilin Carbon''), with an actual or nominal diameter of
17 inches, and otherwise meeting the description of in-scope
merchandise, constitutes merchandise altered in form or appearance in
such minor respects that it should be included within the scope of the
Order.\1\
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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) (``Order'').
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DATES: Effective Date: April 17, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, Office 1, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC,
20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Duty Order
The merchandise covered by the order is small diameter graphite
electrodes. Small diameter graphite electrodes subject to the order are
currently classifiable in the Harmonized Tariff Schedule of the United
States (``HTSUS'') at subheading 8545.11.0010. The HTSUS subheadings
are provided for convenience and customs purposes. A full description
of the scope of the Order is contained in the memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, ``Preliminary Analysis Memorandum for the Circumvention
Inquiry of the Antidumping Duty Order on Small Diameter Graphite
Electrodes from the People's Republic of China'' dated concurrently
with this notice (``Preliminary Decision Memorandum''), which is hereby
adopted by this notice. The written description is dispositive. The
Preliminary Decision Memorandum is a proprietary document with a public
version, and the public version is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available to registered users at http://iaaccess.trade.gov and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Circumvention Inquiry
The merchandise subject to this circumvention inquiry consists of
graphite electrodes from the PRC, produced and/or exported by Jilin
Carbon, Beijing Fangda Carbon-Tech Co., Ltd. and Fangda Carbon New
Material Co., Ltd., and Fushun Jinly Petrochemical Carbon, with
diameters larger than 16 inches but less than 18 inches, and otherwise
meeting the description of the scope of the Order. We have limited the
application of our affirmative preliminary determination to graphite
electrodes from the PRC, produced and/or exported by Jilin Carbon, with
an actual or nominal diameter of 17 inches because record evidence
shows that, among the producers and merchandise subject to this
inquiry, Jilin Carbon produced and/or exported 17-inch diameter
graphite electrodes to the United States,\2\ and we have no record
evidence at this time supporting a determination that any other
producer in the PRC produces or exports graphite electrodes with
diameters larger than 16 inches but less than 18 inches.
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\2\ See Preliminary Decision Memorandum at 3-4.
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Methodology
The Department has made this preliminary finding of circumvention
in accordance with section 781(c) of the Tariff Act of 1930, as amended
(``Act'') and 19 CFR 351.225(i). For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Preliminary Determination
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine, pursuant to section 781(c) of the Act, that
imports from the PRC of certain graphite electrodes, produced and/or
exported by Jilin Carbon, with a diameter of 17 inches, and otherwise
meeting the description of in-scope merchandise, constitutes
merchandise altered in form or appearance in such minor respects that
it should be subject to the Order. This preliminary determination
applies only to merchandise produced and/or exported by Jilin Carbon.
Because we are recommending an affirmative preliminary determination of
circumvention with respect to minor alterations pursuant to section
781(c) of the Act, we do not find it necessary to make a determination
with respect to a later-developed merchandise circumvention inquiry
pursuant to section 781(d) of the Act and we intend to rescind the
later-developed merchandise circumvention inquiry.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), we are directing U.S.
Customs and Border Protection (``CBP'') to suspend liquidation of
entries of merchandise subject to this inquiry produced and/or exported
by Jilin Carbon, and entered, or withdrawn from warehouse, for
consumption on or after June 25, 2012, the date of publication of the
initiation of this inquiry. We will also instruct CBP to require a cash
deposit of estimated duties at the applicable rates for each
unliquidated entry of the product entered, or withdrawn from warehouse,
for consumption on or after June 25, 2012, in accordance with 19 CFR
351.225(l)(2).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Pursuant to 19 CFR 351.309(d), 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. Parties who submit case briefs
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.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice. 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 raised in the
respective case briefs. We expect to issue our final determination of
circumvention by September 13, 2013.
This preliminary determination of circumvention is in accordance
with section 781(c) of the Act and 19 CFR 351.225.
[[Page 22845]]
Dated: April 11, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-09059 Filed 4-16-13; 8:45 am]
BILLING CODE 3510-DS-P