[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Notices]
[Pages 35523-35524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14602]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the
International Trade Commission (the ITC) have determined that
revocation of the antidumping duty (AD) order on small diameter
graphite electrodes from the People's Republic of China (PRC) would
likely lead to continuation or recurrence of dumping and material
injury to an industry in the United States. Therefore, the Department
is publishing a notice of continuation of this AD order.
DATES: Effective Date: June 23, 2014.
FOR FURTHER INFORMATION CONTACT: Michael 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 January 2, 2014, the Department published the initiation of the
first sunset review of the AD order on small diameter graphite
electrodes from the PRC pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.218(c).\1\ As a result of its
review, the Department determined that revocation of the AD order on
small diameter graphite electrodes from the PRC would likely lead to
continuation or recurrence of dumping, and notified the ITC of the
magnitude of the margins likely to prevail should the order be
revoked.\2\ On June 6, 2014, pursuant to section 75l(c) of the Act, the
ITC determined that revocation of the AD order on small diameter
graphite electrodes from the PRC would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\3\
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\1\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 110
(January 2, 2014).
\2\ See Small Diameter Graphite Electrodes From the People's
Republic of China: Final Results of the Expedited Sunset Review of
the Antidumping Duty Order, 79 FR 26208 (May 7, 2014).
\3\ See Small Diameter Graphite Electrodes From China, 79 FR
32750 (June 6, 2014).
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Scope of the Order
The merchandise covered by the order includes all small diameter
graphite electrodes of any length, whether or not finished, of a kind
used in furnaces, with a nominal or actual diameter of 400 millimeters
(16 inches) or less, and whether or not attached to a graphite pin
joining system or any other type of joining system or hardware. The
merchandise covered by the order also includes graphite pin joining
systems for small diameter graphite electrodes, of any length, whether
or not finished, of a kind used in furnaces, and whether or not the
graphite pin joining system is attached to, sold with, or sold
separately from, the small diameter graphite electrodes. Small diameter
graphite electrodes and graphite pin joining systems for small diameter
graphite electrodes are most commonly used in primary melting, ladle
metallurgy, and specialty furnace applications in industries including
foundries, smelters, and steel refining operations. 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 HTSUS subheadings 8545.11.0010,\4\ 3801.10,\5\ and
8545.11.0020.\6\ The HTSUS numbers are provided for convenience and
customs purposes, but the written description of the scope is
dispositive.
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\4\ The scope described in the order refers to the HTSUS
subheading 8545.11.0000. We note 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.
\5\ 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) and
accompanying Issues and Decision Memorandum at Comment 6 (the scope
of the order is amended to include imports classifiable under HTSUS
3801.10, i.e., un-finished small diameter graphite electrodes).
\6\ See 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, 78 FR 56864 (September 16,
2013) and accompanying Issues and Decision Memorandum at Comments 1
and 2 (the scope of the order is amended to include large diameter
graphite electrodes, specifically those of 17 inches produced by
Jilin Carbon classifiable under HTSUS 8545.11.0020).
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Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the AD order would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 75l(d)(2) of the Act and 19
[[Page 35524]]
CFR 351.218(a), the Department hereby orders the continuation of the AD
order on small diameter graphite electrodes from the PRC. Customs and
Border Protection (CBP) will continue to collect AD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of the orders will
be the date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), the Department intends to initiate the next five-year
review of this order not later than 30 days prior to the fifth
anniversary of the effective date of this continuation notice.
This sunset review and this notice are in accordance with section
751(c) of the Act and published pursuant to section 777(i)(1) of the
Act and 19 CFR 351.218(f)(4).
Dated: June 16, 2014.
Lynn Fischer Fox,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2014-14602 Filed 6-20-14; 8:45 am]
BILLING CODE 3510-DS-P