[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58742-58743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23289]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Initiation of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 30, 2014.
SUMMARY: The Department of Commerce (the Department) has determined
that a request for a new shipper review of the antidumping duty order
on small diameter graphite electrodes from the People's Republic of
China (PRC), meets the statutory and regulatory requirements for
initiation.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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-
3477.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on small diameter graphite electrodes
from the PRC published in the Federal Register on February 26, 2009.\1\
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), we received a timely request for a new shipper
review of the order from Xuzhou Jianglong Carbon Products Co., Ltd.
(Jianglong).\2\ Jianglong certified that it is both the producer and
exporter of the subject merchandise upon which the request was
based.\3\
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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) (SDGE Order).
\2\ See Jianglong's new shipper request dated August 29, 2014.
\3\ See Jianglong's new shipper request at Exhibit 1.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Jianglong certified that it did not export subject
merchandise to the United States during the period of investigation
(POI).\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Jianglong certified that, since
the initiation of the investigation, it has never been affiliated with
any exporter or producer who exported subject merchandise to the United
States during the POI, including those respondents not individually
examined during the POI.\5\ As required by 19 CFR
351.214(b)(2)(iii)(B), Jianglong also certified that its export
activities were not controlled by the government of the PRC.\6\
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\4\ Id.
\5\ Id.
\6\ Id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2), Jianglong submitted documentation establishing the
following: (1) The date on which it first shipped subject merchandise
for export to the United States; (2) the volume of its first shipment;
and (3) the date of its first sale to an unaffiliated customer in the
United States.\7\
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\7\ Jianglong's new shipper request at Exhibit 1 and Jianglong's
new shipper request at Exhibit 2.
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Period of Review
In accordance with 19 CFR 351.214(g)(1)(B) of the Act, the period
of review (POR) for new shipper reviews initiated in the month
immediately following the semi-annual anniversary month will be the
six-month period immediately preceding the semiannual anniversary
month. Therefore, under this order, the POR is February 1, 2014,
through July 31, 2014. However, the Department has used its discretion
to extend the POR for Jianglong's new shipper review by one month,
making the POR February 1, 2014, through August 31, 2014.\8\
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\8\ When the sale of the subject merchandise occurs within the
POR specified by the Department's regulations but the entry occurs
after the POR, the specified POR may be extended unless it would be
likely to prevent the completion of the review within the time
limits set by the Department's regulations. See 19 CFR
351.214(f)(2)(ii). Additionally, the preamble to the Department's
regulations states that both the entry and the sale should occur
during the POR, but that under ``appropriate'' circumstances the
Department has the flexibility to extend the POR. See Antidumping
Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27319-27320
(May 19, 1997). In this instance, Jianglong's sale of subject
merchandise was made during the POR specified by the Department's
regulations but the shipment entered after the end of that POR. The
Department finds that extending the POR to capture this entry would
not prevent the completion of the review within the time limits set
by the Department's regulations.
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that the request from Jianglong
meets the threshold requirements for initiation of a new shipper review
for shipments of small diameter graphite electrodes from the PRC
produced and exported by Jianglong.\9\
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\9\ See the memorandum to the file entitled ``Small Diameter
Graphite Electrodes from the People's Republic of China: Initiation
Checklist for Antidumping Duty New Shipper Review of Xuzhou
Jianglong Carbon Products Co., Ltd.'' dated concurrently with this
notice.
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The Department intends to issue the preliminary results of this new
shipper review no later than 180 days from the date of initiation and
final results of the review no later than 90 days after the date the
preliminary results are issued.\10\ It is the Department's usual
practice, in cases involving non-market economy countries, to require
that a company seeking to establish eligibility for an antidumping duty
rate separate from the country-wide rate provide evidence of de jure
and de facto absence of government control over the company's export
activities. Accordingly, we will issue a questionnaire to Jianglong
which will include a section requesting information concerning its
eligibility for a separate rate. The new shipper review of Jianglong
will be rescinded if the Department determines that Jianglong has not
demonstrated that it is eligible for a separate rate.
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\10\ See section 751(a)(2)(B)(iv) of the Act.
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We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
review, of a bond or security in lieu of a cash deposit for each entry
of the subject merchandise from Jianglong in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Jianglong
certified that it produced and exported subject merchandise, the sale
of which is the basis for the request for a new shipper review, we will
apply the bonding privilege to Jianglong only for subject merchandise
which was produced and exported by Jianglong.
To assist in its analysis of the bona fides of Jianglong's sales,
upon initiation of this new shipper review, the Department will require
Jianglong to
[[Page 58743]]
submit on an ongoing basis complete transaction information concerning
any sales of subject merchandise to the United States that were made
subsequent to the POR.
Interested parties requiring access to proprietary information in
the new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: September 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-23289 Filed 9-29-14; 8:45 am]
BILLING CODE 3510-DS-P