[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56864-56865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22476]
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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 Final Determination of Circumvention of the
Antidumping Duty Order and Rescission of Later-Developed Merchandise
Anticircumvention Inquiry
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) determines that
imports from the People's Republic of China (PRC) of 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, constitute merchandise
altered in form or appearance in such minor respects that it should be
included within the scope of the Order, pursuant to section 781(c) of
the Tariff Act of 1930, as amended (the Act).\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: September 16, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, 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, and (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 2013, the Department published in the Federal Register
the affirmative Preliminary Determination that graphite electrodes
produced and/or exported by Jilin Carbon, with an actual or nominal
diameter of 17 inches, and otherwise meeting the description of in-
scope merchandise, constitute merchandise altered in form or appearance
in such minor respects that it should be included within the scope of
the Order, pursuant to section 781(c) of the Act.\2\
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\2\ See 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, 78 FR 22843
(April 17, 2013) (Preliminary Determination).
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On May 15, 2013, and May 17, 2013, SGL Carbon LLC and Superior
Graphite Co. (Petitioners), Jilin Carbon, and Ceramark Technology, Inc.
(Ceramark) filed case briefs.\3\ On May 22, 2013, Petitioners filed a
rebuttal brief.\4\
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\3\ See Petitioners' case brief dated May 17, 2013, Jilin
Carbon's case brief dated May 17, 2013, and Ceramark's case brief
dated May 15, 2013.
\4\ See Petitioners' rebuttal brief dated May 22, 2013.
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On June 27, 2013, we initially contacted U.S. International Trade
Commission (ITC) staff via telephone to discuss our preliminary
affirmative circumvention determination \5\ and on August 2, 2013, we
formally notified the ITC of our Preliminary Determination.\6\ On
August 16, 2013, the ITC sent a letter in reply.\7\
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\5\ See Memorandum to the file, ``Circumvention Inquiry of the
Antidumping Duty Order on Small Diameter Graphite Electrodes From
the People's Republic of China: Informal Telephone Consultation With
the International Trade Commission'' (August 2, 2013).
\6\ See Letter to Irving A. Williamson, Chairman, U.S.
International Trade Commission, ``Small Diameter Graphite Electrodes
From the People's Republic of China: Notification of Affirmative
Preliminary Determination of Circumvention of the Antidumping Duty
Order'' (August 2, 2013).
\7\ See Letter from Lisa R. Barton, ``Small Diameter Graphite
Electrodes From China, Commerce Anticircumvention Inquiry A-570-
929'' (August 16, 2013).
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Scope of the Antidumping Duty Order
The merchandise subject to the order is small diameter graphite
electrodes. The small diameter graphite electrodes subject to the order
is currently classifiable under the following subheadings of the
Harmonized Tariff Schedule of the United States (HTSUS):
8545.11.0010,\8\ 3801.10,\9\ and 8545.11.0020.\10\ The HTSUS
subheadings are provided for convenience and customs purposes. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum, which is hereby adopted by this notice. The
written description is dispositive.
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\8\ The scope described in the Order refers to the HTSUS
subheading 8545.11.0000. Petitioners have informed the Department
that, starting in 2010, imports of small diameter graphite
electrodes are classified in the HTSUS under subheading 8545.11.0010
and imports of large diameter graphite electrodes are classified
under subheading 8545.11.0020. See Letter from Petitioners, ``Small
Diameter Graphite Electrodes: Request for Scope/Circumvention
Ruling'' (April 5, 2012) at 5.
\9\ HTSUS subheading 3801.10 was added to the scope of the Order
based on a determination in a prior anticircumvention proceeding.
See Small Diameter Graphite Electrodes From the People's Republic of
China: Affirmative Final Determination of Circumvention of the
Antidumping Duty Order, 77 FR 47596 (August 9, 2012).
\10\ We have added this HTSUS subheading in order to capture the
merchandise subject to this inquiry. See Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, ``Anticircumvention Inquiry Regarding the
Antidumping Duty Order on Small Diameter Graphite Electrodes From
the People's Republic of China: Issues and Decision Memorandum for
the Final Determination of the Anticircumvention Inquiry'' dated
concurrently with this notice (Issues and Decision Memorandum) at
Comment 2.
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The Issues and Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
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 Issues and Decision Memorandum can be accessed directly
on the Internet at http://www.trade.gov/ia/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Scope of the Anticircumvention Inquiry
The merchandise subject to this anticircumvention 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
[[Page 56865]]
larger than 16 inches but less than 18 inches, and otherwise meeting
the description of the scope of the Order. Consistent with the
Preliminary Determination, we have limited the application of our
affirmative final determination to graphite electrodes produced and/or
exported by Jilin Carbon with an actual or nominal diameter of 17
inches because record evidence shows that among the named producers,
only Jilin Carbon produces or exports merchandise subject to this
proceeding and, moreover, that Jilin Carbon produces and/or exports
only 17-inch diameter graphite electrodes to the United States.\11\
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\11\ See 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 April 17, 2013, at 3-4.
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Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
this proceeding are addressed in the Issues and Decision Memorandum. A
list of the issues which the parties raised and to which the Department
responds in the Issues and Decision Memorandum is attached to this
notice as an appendix. The Issues and Decision Memorandum is a
proprietary document with a public version, and the public version is
on file electronically via IA ACCESS.
Final Determination
As detailed in the Issues and Decision Memorandum, we 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, constitute merchandise altered in form or
appearance in such minor respects that it is properly subject to the
Order.
Continuation of Suspension of Liquidation
As a result of this determination, and consistent with 19 CFR
351.225(l)(3), we are continuing to direct Customs and Border
Protection to suspend liquidation and to require a cash deposit of
estimated duties at the applicable rate on unliquidated entries of
graphite electrodes, produced and/or exported by Sinosteel Jilin Carbon
Co., Ltd. and Jilin Carbon Import & Export Company, with an actual or
nominal diameter of 17 inches, and otherwise meeting the description of
in-scope merchandise, that were entered, or withdrawn from warehouse,
for consumption on or after June 25, 2012, the date of publication of
the initiation of this inquiry.
Rescission of Later-Developed Merchandise Anticircumvention Inquiry
Because we are making an affirmative determination of circumvention
pursuant to section 781(c) of the Act, we do not find it necessary to
determine pursuant to section 781(d) of the Act whether this is later-
developed merchandise that is circumventing the Order. Accordingly, we
are rescinding the later-developed-merchandise anticircumvention
inquiry.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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.
This determination of circumvention is in accordance with section
781(c) of the Act and 19 CFR 351.225(i).
Dated: September 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Discussion of the Issues
Comment 1: Whether Graphite Electrodes With a 17-inch Diameter
Should Be Covered by the Order
Comment 2: Whether the Scope of the Order Should be Updated To
Reflect Subsequent Anticircumvention Determinations
[FR Doc. 2013-22476 Filed 9-13-13; 8:45 am]
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