Notice2023-19526
Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 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
September 11, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) made sales of small diameter graphite electrodes from the People's Republic of China (China) at less than normal value during the period of review (POR) February 1, 2021, through January 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
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[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62318-62319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19526]
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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; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) made sales
of small diameter graphite electrodes from the People's Republic of
China (China) at less than normal value during the period of review
(POR) February 1, 2021, through January 31, 2022.
DATES: Applicable September 11, 2023.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on March 7, 2023.\1\ For
a discussion of events subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\ Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act). On June 28, 2023, we extended the deadline for these final
results to September 5, 2023.\3\
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\1\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review, in Part; 2021-2022,
88 FR 14133 (March 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results,''
dated June 28, 2023.
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Scope of the Order
The product covered by the order includes all small diameter
graphite electrodes with a nominal or actual diameter of 400
millimeters (16 inches) or less and graphite pin joining systems for
small diameter graphite electrodes. A full description of the scope of
the order is provided in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of these issues is attached as
an appendix to this notice.\4\ The Issues and 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Appendix.
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Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made one
revision to the margin calculation for Fushun Jinly as explained in
Comment 2 of the Issues and Decision Memorandum.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for Fushun Jinly for the period February 1, 2021, through
January 31, 2022:
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Weighted-
average
Exporter dumping margin
(percent)
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Fushun Jinly Petrochemical Carbon Co., Ltd............. 30.14
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Because no party requested a review of the China-wide entity, and
Commerce no longer considers the China-wide entity as an exporter
conditionally subject to administrative reviews,\5\ we did not conduct
a review of the China-wide entity. Thus, the weighted-average dumping
margin for the China-wide
[[Page 62319]]
entity (i.e., 159.64 percent) \6\ is not subject to change as a result
of this review.
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\5\ 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, 65969-70 (November
4, 2013).
\6\ 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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Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with these final results of review. We intend
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these final results. 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).
Because Fushun Jinly did not report entered value, we calculated a
per-unit rate for each importer (or customer) by dividing the total
amount of dumping calculated for reviewed sales to that party by the
total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer- (or customer-) specific assessment rate
is zero or de minimis (i.e., less than 0.50 percent), Commerce will
instruct CBP to assess that importer's (or customer's) entries of
subject merchandise without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). 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).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for Fushun Jinly the
cash deposit rate will be the margin listed above; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that have separate rates, the cash deposit rate will continue to
be the exporter-specific rate published for the most recently completed
segment of this proceeding in which they were reviewed; (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 equal to the
weighted-average dumping margin 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(s) that supplied
that non-Chinese exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: September 5, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Revise the Primary Surrogate Country
Selection
Comment 2: Whether To Revise the Surrogate Value for Labor
Comment 3: Whether To Allow a By-Product Offset
Comment 4: Whether the By-Product Offset Surrogate Value Is
Appropriate
Comment 5: Whether the Tollers' Factors of Production Are
Reliable
Comment 6: Whether To Revise the Freight Expense to and From the
Tollers
VI. Recommendation
[FR Doc. 2023-19526 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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