Notice2023-04570
Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Rescission of Review, in Part; 2021-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly), the sole mandatory respondent in this review and an exporter of small diameter graphite electrodes (SDGE) from the People's Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) February 1, 2021, through January 31, 2022. Further, we are rescinding the review with respect to all other companies for which a review was initiated for this POR. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14133-14136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04570]
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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 the Antidumping Duty Administrative
Review and Rescission of Review, in Part; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun
Jinly), the sole mandatory respondent in this review and an exporter of
small diameter graphite electrodes (SDGE) from the People's Republic of
China (China), sold subject merchandise in the United States at prices
below normal value (NV) during the period of review (POR) February 1,
2021, through January 31, 2022. Further, we are rescinding the review
with respect to all other companies for which a review was initiated
for this POR. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Glickstein, 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) 482-5307.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
April 12, 2022, Commerce published the notice of
[[Page 14134]]
initiation of this administrative review.\1\ The review was initiated
with respect to 204 companies.\2\ On June 2, 2022, Commerce selected
Fushun Jinly as the sole mandatory respondent for this administrative
review because Fushun Jinly was the only company under review that
submitted a separate rate application or separate rate
certification.\3\ On June 7, 2022, Commerce issued the antidumping duty
questionnaire to Fushun Jinly.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation
Notice).
\2\ Id. at 21638 (``Where interested parties requested review of
a company name combined with an alternative name (i.e., an a.k.a.
name that is not an abbreviation) or a former company name, Commerce
treated the different versions of the company name separately for
review initiation purposes.'').
\3\ See Memorandum, ``Respondent Selection,'' dated June 2,
2022.
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On October 5, 2022, we extended the deadline for the preliminary
results of this administrative review from October 31, 2022, until
February 14, 2023.\4\ On January 11, 2023, we further extended the
deadline for the preliminary results of this administrative review
until February 28, 2023.\5\ For a complete description of the events
that followed the initiation of this administrative review, see the
Preliminary Decision Memorandum.\6\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
5, 2022.
\5\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated January 11, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Small Diameter
Graphite Electrodes from the People's Republic of China; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order \7\
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\7\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
20, 2009) (Order); and Small Diameter Graphite Electrodes from the
People's Republic of China: Continuation of Antidumping Duty Order,
85 FR 19134 (April 26, 2020).
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The merchandise covered by the Order is small diameter graphite
electrodes, which 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 and ASTM
specification are provided for convenience and for customs purposes,
the written description of the subject merchandise is dispositive. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices
in accordance with section 772 of the Act. Because China is a non-
market economy (NME) country 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. A list of the
topics included in the Preliminary Decision Memorandum is included in
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
June 10, 2022, Tokai Carbon GE LLC and GrafTech International Ltd. (the
domestic industry) withdrew its request for review of all companies
included in its request, except Fushun Jinly.\8\ No other party
requested a review of these 203 companies. Accordingly, Commerce is
rescinding the administrative review with respect to all companies
included in the Initiation Notice, except Fushun Jinly.\9\ See the
Preliminary Decision Memorandum for a complete list of these
companies.\10\
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\8\ See Domestic Industry's Letter, ``Partial Withdrawal of
Request for 2021-2022 Antidumping Administrative Review,'' dated
June 10, 2022.
\9\ See 19 CFR 351.213(d)(1).
\10\ We note that 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. comprise a
single entity: The Fangda Group. These five companies are listed as
a single entity in the Preliminary Decision Memorandum.
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Separate Rates
Commerce preliminarily finds that the information placed on the
record by Fushun Jinly demonstrates that it is eligible for a separate
rate. For additional information, see the Preliminary Decision
Memorandum.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity
and no review was initiated for this POR, the China-wide entity is not
under review, and the China-wide entity's rate (i.e., 159.64 percent)
is not subject to change.\12\ For additional information, see the
Preliminary Decision Memorandum.
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\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ See 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, 82 FR
10876, 10877 (February 16, 2017).
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the POR:
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Weighted-
average
Exporter dumping
margin
(percent)
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Fushun Jinly Petrochemical Carbon Co., Ltd.............. 24.95
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Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
A timeline for the submission of case briefs and written comments
will be provided to interested parties at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\13\
Parties who submit a case brief or a rebuttal brief in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief
[[Page 14135]]
summary of the argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect.'')).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
(3) whether any participant is a foreign national; and (4) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.\14\
If a request for a hearing is made, Commerce will announce the date and
time of the hearing.
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\14\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\15\ and
must also be served on interested parties.\16\ An electronically filed
document must be received successfully in its entirety by ACCESS, by 5
p.m. Eastern Time (ET) on the date that the document is due. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
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\15\ See 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of its
analysis of issues raised in any briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review.
Upon issuance of the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\18\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the publication of the final results
of this review. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\18\ See 19 CFR 351.212(b)(1).
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Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b). If Fushun Jinly's
ad valorem weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce will calculate importer-specific assessment rates for that
respondent, in accordance with 19 CFR 351.212(b)(1).\19\ Because Fushun
Jinly did not report entered value, we will calculate importer-specific
per-unit duty assessment rates based on the ratio of the total amount
of antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values.
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\19\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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If, in the final results, Fushun Jinly's weighted-average dumping
margin is zero or de minimis (i.e., less than 0.5 percent), Commerce
will instruct CBP to liquidate the appropriate entries for that
respondent without regard to antidumping duties.\20\ For entries that
were not reported in the U.S. sales database submitted by Fushun Jinly
during this review, Commerce will instruct CBP to liquidate such
entries at the antidumping duty assessment rate for the China-wide
entity (i.e., 159.64 percent).\21\
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\20\ See 19 CFR 351.106(c)(2).
\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 at 65694-65695, for a full
discussion of this practice.
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For the companies for which we have rescinded this review, Commerce
intends to instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit rate of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during February 1, 2021, through January
31, 2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment instructions to CBP for the rescinded
companies no earlier than 35 days after the date of publication of the
preliminary results of this administrative review in the Federal
Register.
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 for by section 751(a)(2)(C) of the Act: (1) for Fushun Jinly,
the cash deposit rate will be equal to the weighted-average dumping
margin established in the final results of this review (except, if the
rate is de minimis, then the cash deposit rate will be zero); (2) for
previously examined Chinese and non-Chinese exporters not listed above
that received a separate rate in a prior completed segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific cash deposit 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 the rate for the China-
wide entity (i.e., 159.64 percent); and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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 double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
[[Page 14136]]
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondent
VI. Partial Rescission of Review
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023-04570 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 7, 2023.
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