[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29747-29748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13671]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Notice of Partial Rescission of Antidumping Duty Administrative
Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 16, 2018, the Department of Commerce (Commerce)
published a notice of initiation of an administrative review of the
antidumping duty order on small diameter graphite electrodes from the
People's Republic of China (China). Based on the timely withdrawal of
the requests for review of certain companies, we are now rescinding
this administrative review for the period February 1, 2017, through
January 31, 2018, with respect to 191 companies.
DATES: Applicable June 26, 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:
Background
On February 26, 2009, Commerce published in the Federal Register
the antidumping duty order on small diameter graphite electrodes from
China.\1\ On February 1, 2018, Commerce published a notice of
opportunity to request an administrative review of the antidumping duty
order on small diameter graphite electrodes from China for the period
of review February 1, 2017, through January 31, 2018.\2\
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\1\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
26, 2009).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 4639 (February 1, 2018).
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On February 28, 2018, Tokai Carbon GE LLC (the petitioner) \3\
requested an administrative review of the order for 192 producers and/
or exporters of the subject merchandise, including Fushun Jinly
Petrochemical Carbon Co., Ltd.\4\ In addition, on February 28, 2018,
producer and exporter Fushun Jinly Petrochemical Carbon Co., Ltd.
requested a review of itself.\5\ On April 16, 2018, in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.221(c)(1)(i), we initiated an administrative review of the
order on small diameter graphite electrodes from China with respect to
193 companies.\6\ On May 4, 2018, the petitioner withdrew its
administrative review request for 191 out of the 192 companies for
which it requested a review.\7\ See the Initiation Notice for the full
list of companies for which Commerce initiated a review.
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\3\ Formerly, SGL Carbon LLC and Superior Graphite Co.
\4\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China--Request for
Initiation of Antidumping Administrative Review,'' dated February
28, 2018. The petitioner's review request included Fushun Jinli
Petrochemical Carbon Co., Ltd. (emphasis added).
\5\ See Fushun Jinly Petrochemical Carbon Co., Ltd.'s, ``Small
Diameter Graphite Electrodes from the People's Republic of China:
Request for an Administrative Review,'' dated February 28, 2018. For
purposes of this review, we are treating Fushun Jinli Petrochemical
Carbon Co., Ltd. and Fushun Jinly Petrochemical Carbon Co., Ltd. as
the same respondent company.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation
Notice).
\7\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China--Petitioner's
Withdrawal of Certain Requests for Review,'' dated May 4, 2018. The
petitioner withdrew its review request with respect to all companies
except for Fushun Jinli Petrochemical Carbon Co., Ltd.
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. In this case, the
petitioner timely withdrew its review request, in part, by the 90-day
deadline, and no other party requested an administrative review of the
antidumping duty order for the companies for which the petitioner
withdrew its review request. Therefore, we are rescinding the
administrative review of the antidumping duty order on small diameter
graphite electrodes from China for the period February 1, 2017, through
January 31, 2018, with respect to the 191 companies for which all
review requests were withdrawn. The review will continue only with
respect to the remaining company Fushun Jinly Petrochemical Carbon Co.,
Ltd, aka Fushun Jinli Petrochemical Carbon Co., Ltd.\8\
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\8\ In a prior administrative review of electrodes from China,
we found that Fushun Jinly Petrochemical Carbon Co., Ltd. is the
same entity as Fushun Jinli Petrochemical Carbon Co., Ltd. See,
e.g., Small Diameter Graphite Electrodes from the People's Republic
of China: Final Results of the Antidumping Duty Administrative
Review, 77 FR 40854, 40856 n.3 (July 11, 2012). Consistent with this
determination, and in the absence thus far of contrary evidence, we
are treating these companies as the same entity. See also
Memorandum, ``Antidumping Duty Administrative Review: Small Diameter
Graphite Electrodes form the People's Republic of China--Respondent
Selection,'' dated May 15, 2018.
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Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries. For the companies
for which this review is rescinded, antidumping duties shall be
assessed on the subject merchandise 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)(1)(i). Commerce intends to issue appropriate assessment
instructions to CBP 15 days after publication of this notice in the
Federal Register.
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 review period. Failure to comply
with this requirement could
[[Page 29748]]
result in Commerce's presumption that reimbursement of the antidumping
duties occurred and the subsequent assessment of doubled antidumping
duties.
Notification Regarding Administrative Protective Orders
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), which continues to govern
business proprietary information in this segment of the proceeding.
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 is a sanctionable violation.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: June 19, 2018.
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.
[FR Doc. 2018-13671 Filed 6-25-18; 8:45 am]
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