[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68856-68858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27404]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on small diameter
graphite electrodes from the People's Republic of China (PRC), covering
the period February 1, 2013, through January 31, 2014. The Department
preliminarily determines that during the period of review (POR) one
company covered by this review made sales of subject merchandise at
less than normal value. Interested parties are invited to comment on
these preliminary results.
DATES: Effective Date: November 19, 2014.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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.
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 written
description of the scope of the order is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\1\
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\1\ See memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Small Diameter Graphite
Electrodes from the People's Republic of China'' dated concurrently
with and hereby adopted by this notice (Preliminary Decision
Memorandum).
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[[Page 68857]]
Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. Except for
Henan Sanli Carbon Products Co., Ltd. (Henan Sanli) the petitioners \2\
withdrew their request for an administrative review of the remaining
192 companies identified in the Initiation Notice.\3\ The petitioners
were the only party to request a review of these companies.
Accordingly, we are rescinding this review, in part, with respect to
these entities, in accordance with 19 CFR 351.213(d)(1).
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\2\ SGL Carbon LLC and Superior Graphite Co. (collectively, the
petitioners)
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
18262 (April 1, 2014) (Initiation Notice). No party requested a
review of the non-market economy entity. Pursuant to the
Department's change in practice, the Department no longer considers
the non-market economy entity as an exporter conditionally subject
to administrative reviews. See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). The
Preliminary Decision Memorandum contains a full description of the
methodology underlying our conclusions. The Preliminary Decision
Memorandum is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties in the Department's Central Records Unit,
located at room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at http://enforcement.trade.gov/frn/index.html.
Preliminary Results of Review
We determined that Henan Sanli is not entitled to a separate rate
and should remain part of the PRC-wide entity. The Preliminary Decision
Memorandum contains a full discussion of the rationale underlying our
decision.
The Department determined that the following preliminary dumping
margin exists for the period February 1, 2013, through January 31,
2014:
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Margin
Exporter (percent)
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Henan Sanli Carbon Products Co., Ltd........................ 159.64
[dagger]
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[dagger] The PRC-wide entity rate.
Disclosure and 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. 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.\4\ 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.\5\
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\4\ See 19 CFR 351.309(d).
\5\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303
(for general filing requirements).
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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 Enforcement and
Compliance, 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
Time within 30 days after the date of publication of this notice.\6\
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. The Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any such comments, within
120 days of publication of these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
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\6\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuing the final results of review, the Department will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\7\ For the companies for which this review is rescinded,
antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2).
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\7\ See 19 CFR 351.212(b)(1).
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For the final results, if we continue to treat Henan Sanli as part
of the PRC-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 159.64 percent to all entries of subject merchandise
during the POR which were produced and/or exported by Henan Sanli.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (2) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, including Henan
Sanli, the cash deposit rate will be that for the PRC-wide entity; and
(3) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
[[Page 68858]]
Dated: November 7, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of Methodology
1. Use of Adverse Facts Available
2. Selection of Adverse Facts Available Rate
3. Corroboration of Secondary Information
4. Separate Rates
Recommendation
[FR Doc. 2014-27404 Filed 11-18-14; 8:45 am]
BILLING CODE 3510-DS-P