[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10876-10877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03141]
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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 and
Final Determination of No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2016, the Department of Commerce (the
Department) published the preliminary results of the seventh
administrative review of the antidumping duty order on small diameter
graphite electrodes (graphite electrodes) from the People's Republic of
China (PRC). The Department preliminarily determined that the three
manufacturers or exporters of the subject merchandise covered by the
review, the Fangda Group, Fushun Jinly Petrochemical Carbon Co., Ltd.
(Fushun Jinly), and Jilin Carbon Import and Export Company (Jilin
Carbon), had no shipments of the subject merchandise during the period
of review (POR). No interested party commented on the preliminary
results. As a result, the Department has made no changes for the final
results of this review.
DATES: Effective February 16, 2017.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or John Anwesen, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Ave. NW., Washington, DC, 20230; telephone (202) 482-6905 or (202) 482-
0131, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers three manufacturers or exporters of the subject
merchandise: The Fangda Group,\1\ Fushun Jinly,\2\ and Jilin Carbon. On
October 21, 2016, the Department published the Preliminary Results.\3\
We invited parties to comment on the Preliminary Results. No interested
party submitted comments. The Department conducted this administrative
review in
[[Page 10877]]
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ The Fangda Group consists of the following five companies:
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. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR 20324, 29341
(April 7, 2016) (initiating a review of the Fangda Group for the
2015-2016 period of review); see also 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 the Department determined that the individual members
of the Fangda Group should be treated as a single entity pursuant to
19 CFR 351.401(f)(1)), 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).
\2\ In the Preliminary Results the Department inadvertently
refered to Fushun Jinly as Fushun Jinly Petrochemical Co., Ltd.
instead of Fushun Jinly Petrochemical Carbon Co., Ltd. See Small
Diameter Graphite Electrodes from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 81 FR 72777 (October 21, 2016) (Preliminary Results).
\3\ See id.
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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 electrode. 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 Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 8545.11.0010,\4\ 3801.10,\5\ and 8545.11.0020.\6\
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise 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\ HTSUS subheading 3801.10 was added to the scope of the
graphite electrodes order based on a determination in 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) (first circumvention determination).
The products covered by the first circumvention determination are
graphite electrodes (or graphite pin joining system) that were (1)
produced by UK Carbon and Graphite Co., Ltd. (UKCG) from PRC-
manufactured artificial/synthetic graphite forms, of a size and
shape (e.g., blanks, rods, cylinders, billets, blocks, etc.), (2)
which required additional machining processes (i.e., tooling and
shaping) that UKCG performed in the United Kingdom (UK), and (3)
were re-exported to the United States as UK-origin merchandise.
\6\ HTSUS subheading 8545.11.0020 was added to the scope of the
graphite electrodes order based on a determination in 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) (second circumvention
determination). The products covered by the second circumvention
determination are graphite electrodes produced and/or exported by
Jilin Carbon Import and Export Company with an actual or nominal
diameter of 17 inches.
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Period of Review
The period of review is February 1, 2015, through January 31, 2016.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments
during the POR.\7\ Consistent with the Department's assessment practice
in non-market economy cases, we stated in the Preliminary Results that
the Department would not rescind the review in these circumstances but,
rather, would complete the review with respect to these three
respondents and issue appropriate instructions to U.S. Customs and
Border Protection (CBP) based on the final results of the review.
Following publication of the Preliminary Results, we received no
comments from interested parties regarding these companies, nor did we
receive information from CBP indicating that there were reviewable
transactions from the three respondents during the POR. Because there
are no changes from, or comments on, the Preliminary Results, the
Department finds that there is no reason to modify its analysis.
Therefore, we continue to find that Fangda Group, Fushun Jinly, and
Jilin Carbon did not have reviewable transactions during the POR.
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\7\ See Preliminary Results, 81 FR at 72778.
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Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with section
751(a)(2)(A) of the Act and 19 CFR 351.212(b). The Department intends
to issue appropriate assessment instructions for the respondents
subject to this review directly to CBP 15 days after the date of
publication of the final results of this review. The Department has
determined that the Fangda Group, Fushun Jinly, and Jilin Carbon had no
shipments of subject merchandise; therefore, pursuant to the
Department's practice in non-market economy cases, any suspended
entries of subject merchandise during the POR from these companies will
be liquidated at the PRC-wide rate.\8\
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\8\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements, which are currently in
effect, will remain in effect for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results of this administrative
review, as provided by section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC and non-PRC exporters 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, the cash deposit rate
will be the PRC-wide rate of 159.64 percent; 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 the non-PRC exporter. These deposit requirements
shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice serves as the only 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 return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: February 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-03141 Filed 2-15-17; 8:45 am]
BILLING CODE 3510-DS-P