[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26208-26209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10513]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Final Results of the Expedited Sunset Review of the Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 2, 2014, the Department of Commerce (the
Department) published the initiation of the first sunset review of the
antidumping duty order on small diameter graphite electrodes from the
People's Republic of China (PRC) pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). The Department finds that
revocation of this antidumping duty order would be likely to lead to
continuation or recurrence of dumping as indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Effective Date: May 7, 2014.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0198 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2009, the Department published the antidumping duty
order on small diameter graphite electrodes from the PRC.\1\ On January
2, 2014, the Department published the notice of initiation of the
sunset review of the Antidumping Duty Order.\2\ The Department received
a notice of intent to participate in this sunset review from GrafTech
USA LLC, SGL Carbon LLC, and Superior Graphite Company (collectively,
domestic interested parties), within the 15-day period specified in 19
CFR 351.218(d)(1)(i). The domestic interested parties claimed
interested party status under section 771(9)(C) of the Act as producers
of the domestic like product.
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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) (Antidumping Duty Order).
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 79 FR 110
(January 2, 2014) (Initiation).
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The Department received an adequate substantive response to the
Initiation from the domestic interested parties within the 30-day
period specified in 19 CFR 351.218(d)(3)(i). The Department received no
substantive response from respondent interested parties. In accordance
with section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the Antidumping Duty Order.
Scope of the Order
The merchandise covered by the order includes all small diameter
graphite electrodes with a nominal or actual diameter of 400
millimeters (16 inches) or less and graphite pin joining systems for
small diameter graphite electrodes. Small diameter graphite electrodes
and graphite pin joining systems for small diameter graphite electrodes
that are subject to the order are currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
8545.11.0010, 3801.10, and 8545.11.0020. While the HTSUS subheadings
are provided for convenience and customs purposes, the
[[Page 26209]]
written description of the scope of the Antidumping Duty Order is
dispositive. A full description of the scope of the Antidumping Duty
Order is contained in the Issues and Decision Memorandum.\3\
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\3\ See memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Issues and Decision Memorandum for the Final Results of Expedited
First Sunset Review of the Antidumping Duty Order on Small Diameter
Graphite Electrodes from the People's Republic of China'' dated
concurrently with this notice (Issues and Decision Memorandum),
which is hereby adopted by this notice.
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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum, including the likelihood of continuation or
recurrence of dumping in the event of revocation and the magnitude of
the margin of dumping likely to prevail if the order is revoked.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum,
which is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov, and it is available to all parties in the
Central Records Unit in 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://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Final Results of Review
The Department determines that revocation of the antidumping duty
order on small diameter graphite electrodes from the PRC would be
likely to lead to continuation or recurrence of dumping, and the
magnitude of the margin of dumping likely to prevail is at the
following rates:
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Exporters
Exporters rate
(percent)
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Fangda Group.\4\ $159.64
Non-examined exporters with a separate rate................ 132.90
PRC-Wide Entity............................................ 159.64
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Notification to Interested Parties
This notice 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). Timely written notification
of the 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.
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\4\ See Final Determination of Sales at Less Than Fair Value and
Affirmative Determination of Critical Circumstances: Small Diameter
Graphite Electrodes from the People's Republic of China, 74 FR 2049
(January 14, 2009) at 2050, and footnote 2 (The following companies
comprise the Fangda Group: Fushun Carbon Co., Ltd., Fangda Carbon
New Material Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Beijing
Fangda Carbon Tech Co., Ltd., and Hefei Carbon Co., Ltd. (Fangda
Group)), unchanged in Antidumping Duty Order.
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The Department is issuing and publishing the final results and
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the
Act and 19 CFR 351.221(c)(5)(ii).
Dated: May 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-10513 Filed 5-6-14; 8:45 am]
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