[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10658-10660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04895]
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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
and Preliminary Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly), a producer
and exporter of small diameter graphite electrodes from the People's
Republic of China (China), did not make sales of subject merchandise at
less than normal value (NV) during the period of review (POR) February
1, 2016 through January 31, 2017. In addition, Commerce preliminarily
determines that the Fangda Group and Xuzhou Jianglong Carbon Products
Co., Ltd. made no shipments of the subject merchandise during the POR.
DATES: Applicable March 12, 2018.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington DC 20230; telephone: (202) 482-5973 or (202) 482-
0131, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is small diameter graphite
electrodes. The products are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010,
3801.10, and 8545.11.0020. Although the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope of the order remains dispositive. A full description of the scope
of the order is contained in the Preliminary Decision Memorandum.\1\
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\1\ See ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Small Diameter Graphite
Electrodes from the People's Republic of China; 2016-2017,'' from
James Maeder, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations performing the duties of Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, performing the non-
exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection (CBP)
information, and no shipment certifications submitted by the Fangda
Group \2\ and Xuzhou Jianglong Carbon Products Co., Ltd., Commerce
preliminary determines that these companies had no shipments of subject
merchandise during the POR. For additional information regarding this
[[Page 10659]]
determination, see the Preliminary Decision Memorandum.
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\2\ The Fangda Group consists of 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. 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 following 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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Consistent with our practice in non-market economy (NME) cases,
Commerce is not rescinding this review, in part, but intends to
complete the review with respect to these companies, for which it has
preliminarily found no shipments, and issue appropriate instructions to
CBP based on the final results of the review.\3\
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\3\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For the
mandatory respondent, Fushun Jinly, export prices have been calculated
in accordance with section 772 of the Act. Because China is a non-
market economy (NME) within the meaning of section 771(18) of the Act,
NV has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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 https://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 Preliminary Decision
Memorandum can be found at http://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content.
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22, 2018.
If the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the preliminary results of this review is now
March 5, 2018.\4\
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\4\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
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Preliminary Results of Review
Commerce preliminarily determines that Fushun Jinly is eligible to
receive a separate rate in this review.\5\ As Fushun Jinly has
established its eligibility for a separate rate, Commerce preliminarily
determines that the following weighted-average dumping margin exists
for the POR from February 1, 2016, through January 31, 2017:
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\5\ See Preliminary Decision Memorandum for more details.
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Weighted-
average
Exporter margin
(percent)
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Fushun Jinly Petrochemical Carbon Co., Ltd................. 0.00
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Disclosure and Public Comment
Commerce intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\6\ 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.\7\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than five
days after the case briefs are filed.\8\
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\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(c)(2).
\8\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's ACCESS by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice.\9\ Hearing
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. Commerce intends to issue the final
results of this review, including the results of its analysis of issues
raised by the parties in their written comments, within 120 days of the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless this deadline
is extended.
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\9\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuing the final results of review, Commerce will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\10\ If the respondent's weighted-average
dumping margin is above de minimis (i.e., 0.5 percent) in the final
results of this review, we will calculate an importer-specific
assessment rate on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
Specifically, Commerce will apply the assessment rate calculation
method adopted in Final Modification for Reviews.\11\ Where an
importer- (or customer-) specific ad valorem rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\12\
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\10\ See 19 CFR 351.212(b)(1).
\11\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\12\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice in NME cases, for
entries that were not reported in the U.S. sales databases submitted by
the exporter individually examined during this review, but that entered
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), Commerce will instruct CBP to
liquidate such entries at the China-wide rate. In addition, for any
exporter under review which Commerce determines had no shipments of the
subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the China-wide rate.\13\ Commerce intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of review.
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\13\ 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 will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section
[[Page 10660]]
751(a)(2)(C) of the Act: (1) For subject merchandise exported by the
company listed above that has a separate rate, the cash deposit rate
will be that established in the final results of review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) for previously investigated or reviewed Chinese and non-Chinese
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; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the China-wide
entity; and (4) for all non-Chinese exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to Chinese exporter that supplied that non-Chinese
exporter. These 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: March 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Preliminary Finding of No Shipments
B. Non-Market Economy Country
C. Separate Rates
D. Surrogate Country and Surrogate Value Data
E. Date of Sale
F. Comparisons to Normal Value
G. Bona Fides of U.S. Sales
H. U.S. Price
I. Normal Value
J. Currency Conversion
V. Recommendation
[FR Doc. 2018-04895 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-DS-P