Notice2025-15351
Active Anode Material From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
August 13, 2025
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-752 and 731-TA-1730 (Final) pursuant to the Tariff Act of 1930 to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of active anode material from China, provided for in subheadings 2504.10.10, 2504.10.50, 3801.10.50, and 3801.90.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 90 Issue 154 (Wednesday, August 13, 2025)</title>
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[Federal Register Volume 90, Number 154 (Wednesday, August 13, 2025)]
[Notices]
[Pages 38993-38994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15351]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-752 and 731-TA-1730 (Final)]
Active Anode Material From China; Scheduling of the Final Phase
of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-752 and 731-TA-1730 (Final) pursuant to the Tariff Act of 1930
to determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
imports of active anode material from China, provided for in
subheadings 2504.10.10, 2504.10.50, 3801.10.50, and 3801.90.00 of the
Harmonized Tariff Schedule of the United States, preliminarily
determined by the Department of Commerce (``Commerce'') to be
subsidized and sold at less-than-fair-value.
DATES: July 22, 2025.
FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as active anode material, which is an anode
grade graphite material with a graphite minimum purity content of 90
percent carbon by weight, whether containing synthetic graphite,
natural graphite, or a blend of synthetic and natural graphite; with or
without coating. Subject merchandise may be in the form of powder, dry,
liquid, or block form and is covered irrespective of the form in which
it enters. Subject merchandise typically has a maximum size of 80
microns when in powder form. Subject merchandise has an energy density
of 330 milliamp hours per gram or greater and a degree of
graphitization of 80 percent or greater, where graphitization refers to
the extent of the graphite crystal structure.
Subject merchandise is covered regardless of whether it is mixed
with silicon based active materials, e.g., silicon-oxide (SiOx),
silicon-carbon (SiC), or silicon, or additives such as carbon black or
carbon nanotubes. Subject merchandise is covered regardless of the
combination of compounds that comprise the graphite material. Subject
merchandise is covered regardless of whether it is imported
independently, as part of a compound, in a battery, as a component of
an anode slurry, or in a subassembly of a battery such as an electrode.
Only the anode grade graphite material is covered when entered as part
of a mixture with silicon based active materials, as part of a
compound, in a battery, as a component of an anode slurry, or in a
subassembly of a battery such as an electrode.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of active anode material, and that such products are
being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on December 18, 2024, by the American
Active Anode Material Producers, the members of which are Anovion
Technologies, Sanborn, New York; Syrah Technologies LLC, Vidalia,
Louisiana; NOVONIX Anode Materials LLC, Chattanooga, Tennessee; Epsilon
Advanced Materials, Leland, North Carolina; and SKI US, Inc., Marietta,
Georgia.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://
[[Page 38994]]
edis.usitc.gov). No in-person paper-based filings or paper copies of
any electronic filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
14, 2025, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on December
4, 2025. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before November 24, 2025.
Any requests to appear as a witness via videoconference must be
included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigation, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3:00
p.m. the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on December 3,
2025. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than noon on December 3, 2025. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is November 21, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules.
The deadline for filing posthearing briefs is December 11, 2025. In
addition, any person who has not entered an appearance as a party to
the investigations may submit a written statement of information
pertinent to the subject of the investigations, including statements of
support or opposition to the petition, on or before December 11, 2025.
On December 29, 2025, the Commission will make available to parties all
information on which they have not had an opportunity to comment.
Parties may submit final comments on this information on or before
December 31, 2025, but such final comments must not contain new factual
information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on Filing Procedures, available on the Commission's website at
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: August 11, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-15351 Filed 8-12-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on August 13, 2025.
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