Notice2025-12374
Active Anode Material From the People's Republic of China: Amended Preliminary Determination of Countervailing Duty Investigation
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
July 2, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the preliminary affirmative countervailing duty (CVD) determination for active anode material from the People's Republic of China (China) to correct significant ministerial errors.
Full Text
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<title>Federal Register, Volume 90 Issue 125 (Wednesday, July 2, 2025)</title>
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[Federal Register Volume 90, Number 125 (Wednesday, July 2, 2025)]
[Notices]
[Pages 28994-28995]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12374]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-195]
Active Anode Material From the People's Republic of China:
Amended Preliminary Determination of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative countervailing duty (CVD) determination for
active anode material from the People's Republic of China (China) to
correct significant ministerial errors.
DATES: Applicable July 2, 2025.
FOR FURTHER INFORMATION CONTACT: Benjamin Nathan or Gorden Struck, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3834 or (202)
482-8151, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 703(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.205(b), on May 28, 2025, Commerce
published its preliminary affirmative determination in the CVD
investigation of active anode material from China.\1\ On May 28, 2025,
we received timely ministerial error allegations from the American
Active Anode Material Producers (the petitioner) alleging that Commerce
made a significant ministerial error in the Preliminary Determination
with respect to the subsidy rates calculated for Panasonic Global
Procurement (China) Co., Ltd. (GPC), and Panasonic Corporation of China
(PCN) (collectively, Panasonic) and BTR New Material Group Co., Ltd.\2\
On June 2, 2025, Panasonic and BTR New Material Group Sales Co., Ltd.,
BTR (Jiangsu) New Energy Material Co., Ltd. and BTR New Material Group
Co., Ltd. (BTR) submitted ministerial error rebuttal comments.\3\
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\1\ See Active Anode Material from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 90 FR 22465 (May 28, 2025) (Preliminary
Determination), and accompanying Preliminary Determination
Memorandum (PDM).
\2\ See Petitioner's Letter, ``Ministerial Error Comments,''
dated May 28, 2025.
\3\ See Panasonic's Letter, ``Rebuttal to Petitioner's
Ministerial Error Allegations,'' dated June 2, 2025; see also BTR's
Letter, ``Rebuttal to Petitioner's Preliminary Determination
Ministerial Error Comments,'' dated June 2, 2025.
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Period of Investigation
The period of investigation (POI) is January 1, 2023, through
December 31, 2023.
Scope of the Investigation
The product covered by this investigation is active anode material
from China. For a complete description of the scope of this
investigation, see the Preliminary Determination.
Analysis of Significant Ministerial Error Allegations
According to 19 CFR 351.224(e), Commerce will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination. A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \4\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the CVD rate calculated in the
original preliminary determination; or (2) a difference between a CVD
rate of zero (or de minimis) and a CVD rate greater than de minimis, or
vice versa.\5\
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\4\ See section 705(e) of the Act.
\5\ See 19 CFR 351.224(g).
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Methodology
In the Preliminary Determination, Commerce made a significant
ministerial error within the meaning of section 705(e) of the Act and
19 CFR 351.224(f) and (g)(1) in calculating the countervailable subsidy
rate for Panasonic. Consistent with 19 CFR 351.224(e), Commerce is
amending the Preliminary Determination to reflect the correction of
this significant ministerial error. Commerce also made other
ministerial errors, within the meaning of 19 CFR 351.224(f), in the
calculation of the countervailable subsidy rate for Panasonic. These
errors, in and of themselves, are not significant within the meaning of
19 CFR 351.224(g). However, because correcting for these errors in
combination with the other significant ministerial error alleged by the
petitioner satisfies the requirements of 19 CFR 351.224(g)(1), we are
also correcting for these errors by amending the Preliminary
Determination, consistent with 19 CFR 351.224(e). In correcting for
these errors by amending the Preliminary Determination, consistent with
19 CFR 351.224(e), we are revising the calculations for Panasonic's
subsidy rate and the all-others rate. For a complete discussion of
ministerial errors, see the Preliminary Ministerial Error
Memorandum.\6\
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\6\ See Memorandum, ``Analysis of Ministerial Errors in the
Preliminary Determination,'' dated concurrently with this notice
(Preliminary Ministerial Error Memorandum).
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Amended Preliminary Determination
As a result of correcting the ministerial errors described above,
we determine the following amended preliminary net countervailable
subsidy rates for Panasonic and all other producers/exporters:
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Subsidy rate
Company (percent ad
valorem)
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Panasonic Global Procurement China Co., Ltd.; Panasonic 11.58
Corporation of China \7\...............................
Shanghai Shaosheng Knitted Sweat........................ * 721.03
Huzhou Kaijin New Energy Technology Corp., Ltd.......... * 721.03
All Others.............................................. 11.58
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* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this amended preliminary
determination within five days of its public announcement, or if there
is no public announcement, within five days of the date of publication
of this notice in the Federal Register, in accordance with 19 CFR
351.224.
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\7\ Panasonic is a trading company that sold subject merchandise
produced by an unaffiliated supplier BTR New Material Group Co.,
Ltd., BTR (Jiangsu) New Energy Material Co., Ltd., and BTR New
Material Group Sales Co., Ltd., (collectively, BTR) and BTR's
affiliates. We are cumulating the benefits received by BTR and BTR's
affiliates with the benefits received by Panasonic into one rate for
Panasonic. For further explanation, see Preliminary Determination
PDM at 2-4 and 28-29.
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be established according to the rates calculated in this amended
preliminary determination. Because the amended rates for Panasonic and
all-others result in increased cash deposits, they will be effective on
the date of the publication of this notice in the Federal Register.
Parties will be notified of this
[[Page 28995]]
determination, in accordance with section 703(d) and (f) of the Act.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
ITC of our amended preliminary determination.
Notification to Interested Parties
This notice is issued and published pursuant to sections 703(f) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: June 27, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-12374 Filed 7-1-25; 8:45 am]
BILLING CODE 3510-DS-P
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