[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62474-62476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21782]
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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 Antidumping Duty Administrative Review; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2016, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on small diameter graphite electrodes (SDGEs)
from the People's Republic of China (the PRC). The period of review
(POR) is February 1, 2014, through January 31, 2015. For the final
results, we find that certain companies sold subject merchandise at
less than normal value.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Michael A.
Romani, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-0665
or (202) 482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2016, the Department published the preliminary results
of the administrative review of the antidumping duty order on SDGEs
from the PRC.\1\ We received case and rebuttal briefs with respect to
the Preliminary Results. On June 7, 2016, the Department extended the
deadline for the final results by 60 days to September 6, 2016.\2\ The
Department conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review In Part; 2014-2015,
81 FR 12468 (March 9, 2016) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum from Dmitry Vladimirov, International Trade
Compliance Analyst, Office I, Antidumping and Countervailing Duty
Operations to Deputy Assistant Secretary Christian Marsh entitled,
``Small Diameter Graphite Electrodes from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated June 7, 2016.
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Scope of the Order
The merchandise covered by the order includes all small diameter
graphite electrodes with a nominal or actual
[[Page 62475]]
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 Issues
and Decision Memorandum.\3\
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\3\ See Memorandum from Deputy Assistant Secretary Christian
Marsh to Assistant Secretary Paul Piquado entitled, ``Issues and
Decision Memorandum for the Administrative Review of the Antidumping
Duty Order on Small Diameter Graphite Electrodes from the People's
Republic of China; 2014-2015,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum), at 2-3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix I. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov, and
to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made revisions,
including the valuation of certain factors of production, which changed
the results for one individually examined company, the Fangda Group,\4\
but did not change the results for the other individually examined
company, Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly). For
further details on the changes we made for these final results, see the
company-specific analysis memoranda, the Issues and Decision
Memorandum, and the final surrogate value memorandum, dated
concurrently with this notice.
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\4\ We refer to the Fangda Group as a single entity pursuant to
19 CFR 351.401(f)(1). See Small Diameter Graphite Electrodes From
the People's Republic of China: Preliminary Determination of Sales
at Less Than Fair Value, Postponement of Final Determination, and
Affirmative Preliminary Determination of Critical Circumstances, in
Part, 73 FR 49408, 49411-12 (August 21, 2008) (where we collapsed
the individual members of the Fangda Group: Beijing Fangda Carbon
Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon
New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon
Co., Ltd.), unchanged in 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).
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Rate for Non-Examined Separate Rate Respondent
In these final results of the review, we calculated a zero or de
minimis weighted-average dumping margin for Fushun Jinly, and a
weighted-average dumping margin above de minimis for the Fangda Group.
Accordingly, we used the weighted-average dumping margin calculated for
the Fangda Group, which is 11.49 percent, as the rate for Xuzhou
Jianglong Carbon Products Co., Ltd. (Xuzhou Jianglong), a company that
was not individually examined and is eligible for a separate rate.\5\
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\5\ See Issues and Decision Memorandum at 3-4 for a full
discussion.
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Final Results of the Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
February 1, 2014, through January 31, 2015:
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Margin
Company (percent)
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Fangda Group............................................... 11.49
Fushun Jinly Petrochemical Carbon Co., Ltd................. 0.00
Xuzhou Jianglong Carbon Products Co., Ltd.................. 11.49
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
results, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), the Department will determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review. For entries of subject merchandise during the
period of review produced by Fushun Jinly, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
because Fushun Jinly's weighted-average dumping margin in these final
results is de minimis.\6\ For customers or importers of the the Fangda
Group for which we do not have entered values, we will calculate
customer- (or importer-) specific per unit duty assessment rates based
on the ratio of the total amount of dumping calculated for the
customer's (or importer's) examined sales of subject merchandise to the
total sales quantity associated with those sales, in accordance with 19
CFR 351.212(b)(1). For certain customers or importers of the Fangda
Group for which we received entered-value information, we will
calculate an antidumping duty assessment rate based on customer-/
importer-specific ad valorem rate in accordance with 19 CFR
351.212(b)(1). For Xuzhou Jianglong, the assessment rate is equal to
the weighted average dumping margin calculated for the Fangda Group, or
11.49 percent. For entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate of 159.64 percent.\7\
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
\7\ 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,
2054-55.
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We intend to issue assessment instructions to CBP 15 days after the
date of 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 all
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) No cash deposit will
be required for subject merchandise exported by Fushun Jinly; (2) for
subject merchandise exported by the Fangda Group and Xuzhou Jianglong,
the cash deposit rate will be the rate established in these final
results of review for each exporter as listed above; (3) 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 exporter-specific rate;
(4) for all PRC exporters of subject merchandise that have not been
found
[[Page 62476]]
to be entitled to a separate rate, the cash deposit rate will be that
for the PRC-wide entity, which is 159.64 percent; (5) 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 deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also 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)(3). 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 sanctionable
violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Separate Rates
V. Discussion of the Issues
Comment 1: Eligibility for Separate Rate (Fangda Group and
Xuzhou Jianglong)
Comment 2: Whether Xuzhou Jianglong's Sale is Bona Fide
Comment 3: Consumption of Needle Coke (Fangda Group and Fushin
Jinly)
Comment 4: Whether U.S. Sales are Bona Fide (Fangda Group and
Fushin Jinly)
Comment 5: Universe of Sales (Fangda Group)
Comment 6: Reporting of Forming Scrap (Fangda Group)
Comment 7: Claim for Silicon Carbide By-Product Offset (Fushin
Jinly)
Comment 8: Valuation of Certain By-Products/Scrap Items (Fangda
Group and Fushin Jinly)
Comment 9: Date of Sale (Fangda Group and Fushin Jinly)
Comment 10: Tolling Data (Fangda Group)
Comment 11: VAT Adjustment Calculation (Fangda Group)
VI. Recommendation
[FR Doc. 2016-21782 Filed 9-8-16; 8:45 am]
BILLING CODE 3510-DS-P