Notice2026-02998
Active Anode Material From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
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
February 17, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that active anode material from the People's Republic of China (China) is being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through September 30, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 31 (Tuesday, February 17, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 31 (Tuesday, February 17, 2026)]
[Notices]
[Pages 7247-7250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02998]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-194]
Active Anode Material From the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
active anode material from the People's Republic of China (China) is
being, or likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is April 1, 2024,
through September 30, 2024.
DATES: Applicable February 17, 2026.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Jacob Keller, AD/CVD
Operations, Office I, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 and (202)
482-4849, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2025, Commerce published the Preliminary Determination
in the Federal Register, in which we also postponed the final
determination until December 4, 2025.\1\
[[Page 7248]]
We invited interested parties to comment on the Preliminary
Determination.
---------------------------------------------------------------------------
\1\ See Active Anode Material from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination and Extension of
Provisional Measures from the People's Republic of China, 90 FR
34423 (July 22, 2025) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\2\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\3\ Accordingly, the deadline for this final
determination is now February 10, 2025.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
---------------------------------------------------------------------------
A summary of the events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Issues and
Decision Memorandum.\4\ The Issues and Decision Memorandum is a public
document and is on file electronically via 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Active Anode Material from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
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 Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\5\ We received
scope case and rebuttal briefs from multiple interested parties. For a
summary of the product coverage comments and rebuttal responses
submitted to the record for this final determination, and accompanying
discussion and analysis of all comments timely received, see the Final
Scope Memorandum.\6\ In the Final Scope Memorandum, Commerce determined
that it is modifying the scope language as it appeared in the
Initiation Notice.\7\ See Appendix I.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Less-Than-Fair Value and Countervailing
Duty Investigations of Active Anode Material from the People's
Republic of China: Preliminary Scope Determination,'' dated July 16,
2025 (Preliminary Scope Memorandum).
\6\ See Memorandum, ``Less-Than-Fair Value and Countervailing
Duty Investigations of Active Anode Material from the People's
Republic of China: Final Scope Issues and Decision Memorandum,''
dated concurrently with and hereby adopted by this notice (Final
Scope Memorandum).
\7\ See Active Anode Material from the People's Republic of
China: Initiation of Less-Than-Fair Value Investigation, 90 FR 3792
(January 15, 2025) (Initiation Notice).
---------------------------------------------------------------------------
Verification
Because the mandatory respondents in this investigation are not
eligible for a separate rate, Commerce did not conduct verification.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding the Preliminary Determination, Commerce
made changes to its preliminary separate rate determination with
respect to multiple companies. Because we have excluded certain
products containing active anode material from the scope of these
investigations, certain companies are not eligible for a separate rate
because they did not make any shipments of subject merchandise during
the POI.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum at 4-5.
---------------------------------------------------------------------------
China-Wide Entity and Use of Adverse Facts Available
Consistent with the Preliminary Determination,\9\ Commerce
continues to find that, pursuant to sections 776(a) and (b) of the
Tariff Act of 1930, as amended (the Act), the use of facts otherwise
available, with adverse inferences, is warranted in determining the
dumping rate for the China-wide entity.\10\ For this final
determination, there is no new information on the record that would
cause us to reconsider our preliminary decision.\11\ Therefore, as
facts available with adverse inference, we assigned the final rate of
102.72 percent, which is the highest calculated Petition margin to the
China-wide entity.\12\
---------------------------------------------------------------------------
\9\ See Preliminary Determination PDM at 14-17.
\10\ See sections 776(a)(1) and (2)(A)-(C) and (b) of the Act.
\11\ See Issues and Decision Memorandum at Comment 17.
\12\ See Preliminary Determination PDM at 13-17.
---------------------------------------------------------------------------
Separate Rate Eligibility
We received comments on our preliminary separate rate
determination.\13\ Based on our analysis of the comments received, we
updated our preliminary determination with respect to separate rate
eligibility. As noted above, because we excluded certain products
containing active anode material from the scope of these
investigations, we determined that certain companies are not eligible
for a separate rate because they did not make any shipments of subject
merchandise during the POI.\14\
---------------------------------------------------------------------------
\13\ See Issues and Decision Memorandum at 1-2; see also
Preliminary Determination PDM at 6-9.
\14\ Id. at 4-5.
---------------------------------------------------------------------------
Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\15\ Commerce assigned a producer/exporter combination rate for
the companies eligible for separate rates.\16\
---------------------------------------------------------------------------
\15\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
\16\ See Preliminary Determination, 90 FR at 34424.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, April 1, 2024, through September
30, 2024:
[[Page 7249]]
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Tesla Manufacturing Brandenburg SE............ BTR New Material Group Co., Ltd. 93.50 93.50
Panasonic Global Procurement (China) Co., Ltd. BTR New Material Group Co., Ltd. 93.50 93.50
Panasonic Global Procurement (China) Co., Ltd. BTR New Material Group Sales Co. 93.50 93.50
Ltd.
Panasonic Global Procurement (China) Co., Ltd. BTR (Jiangsu) New Energy 93.50 93.50
Material.
Panasonic Global Procurement (China) Co., Ltd. Huzhou Kaijin New Energy 93.50 93.50
Technology Corp., Ltd.
Hunan Zhongke Shinzoom Co., Ltd............... Guizhou Zhongke Shinzoom Co., 93.50 93.50
Ltd.
Jiangxi Zichen Technology Co., Ltd............ Jiangxi Zichen Technology Co., 93.50 93.50
Ltd.
Resonac Corporation........................... Henan Yicheng New Energy Co., 93.50 93.50
Ltd.
Resonac Corporation........................... PetroChina Daqing Petrochemical 93.50 93.50
Company.
Resonac Corporation........................... Qingdao Qingbei Carbon Products 93.50 93.50
Co., Ltd.
Shanghai Shanshan New Material Co., Ltd....... Inner Mongolia Shanshan 93.50 93.50
Technology Co., Ltd.
Shanghai Shanshan New Material Co., Ltd....... Sichuan Shanshan New Material 93.50 93.50
Co., Ltd.
Shanghai Shanshan New Material Co., Ltd....... Fujian Shanshan Technology Co., 93.50 93.50
Ltd.
Shanghai Shanshan New Material Co., Ltd....... Ningbo Shanshan New Material 93.50 93.50
Technology Co., Ltd.
China-Wide Entity............................. ................................ * 102.72 102.72
----------------------------------------------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.
Disclosure
Because we have not modified our calculation of the margins in the
Preliminary Determination, we are adopting the Preliminary
Determination as the final determination. Consequently, there are no
new calculations to disclose in accordance with 19 CFR 351.224(b) for
the final determination of this investigation.
Suspension of Liquidation
In accordance with section 733(d)(1)(B) of the Act, we instructed
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of subject merchandise, as described in Appendix I of the of
the Initiation Notice, which were entered, or withdrawn from warehouse,
for consumption on or after July 22, 2025, the date of publication of
the Preliminary Determination in the Federal Register. In accordance
with section 733(d) of the Act, we instructed CBP to discontinue the
suspension of liquidation of all entries of subject merchandise entered
or withdrawn from warehouse, on or after January 18, 2026.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue an antidumping duty
(AD) order, reinstate the suspension of liquidation under section
736(a) of the Act, and require a cash deposit of estimated antidumping
duties for such entries of subject merchandise in the amounts indicated
above, in accordance with section 736(a) of the Act. However, we will
discontinue suspension of liquidation for any merchandise that was
previously suspended based on the description of subject merchandise in
the Initiation Notice that is no longer covered by the scope language
in Appendix I of this notice, and instruct CBP to refund cash deposits,
as appropriate. If the ITC determines that material injury, or threat
of material injury, does not exist, then this proceeding will be
terminated, the suspension of liquidation will be lifted, and all cash
deposits for estimated antidumping duties will be refunded.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which normal value
exceeds the U.S. price as follows: (1) the cash deposit rate for the
exporter/producer combination listed in the table above will be the
rate identified in the table, adjusted for subsidy offsets, if
appropriate; (2) for all combinations of Chinese producers/exporters of
subject merchandise that have not established eligibility for their own
separate rates, the cash deposit rate will be the rate established for
the China-wide entity, adjusted for subsidy offsets if appropriate; and
(3) for all third country exporters of subject merchandise, the cash
deposit rate will be the cash deposit rate applicable to the Chinese
producer/exporter that supplied that third country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
pass-through and export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce has made a final affirmative
determination for domestic pass-through or export subsides, Commerce
offsets the estimated weighted-average dumping margin by the
appropriate CVD rate. Commerce has continued to adjust the cash deposit
rate for export subsidies found in the companion CVD investigation by
the appropriate export subsidy rate, however, the suspension of
liquidation of provisional measures in the companion CVD case has been
discontinued.\17\ Therefore, we are not instructing CBP to collect cash
deposits based on the adjusted estimated weighted-average dumping
margin for export subsidies at this time.\18\ If the ITC makes a final
affirmative determination of injury due to both dumping and subsidies,
then the cash deposit rate will be revised effective on the date of
publication of the ITC's final affirmative determination in the Federal
Register to be the company-specific estimated weighted-average dumping
margin adjusted for export subsidies.
---------------------------------------------------------------------------
\17\ See section 703(d) of the Act, which states that the
provisional measures may not be in effect for more than four months,
which in the companion CVD case is 120 days after the publication of
the preliminary determination, or September 25, 2025 (i.e. the last
day provisional measures are in effect).
\18\ 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); see also section 703(d)
of the Act, which states that the provisional measures may not be in
effect for more than four months, which in the companion CVD case is
120 days after the publication of the preliminary determination, or
September 25, 2025.
---------------------------------------------------------------------------
ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with
[[Page 7250]]
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation, of active anode material no later than 45 days
after this final determination. If the ITC determines that material
injury or threat of material injury does not exist, this proceeding
will be terminated, all cash deposits will be refunded or canceled, and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instructions by Commerce,
antidumping duties on all imports of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the ``Suspension of Liquidation'' section.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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 sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: February 10, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is 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, or 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, or as a component of an anode slurry, or in a subassembly
of a battery such as an electrode.
Subject merchandise does not include active anode material
incorporated into imports of lithium-ion battery products (such as
cells, modules, and packs), electric vehicles, hybrid vehicles, cell
phones or battery energy storage systems.
Active anode material subject to this investigation may be
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 2504.10.5000, 3801.10.5010, and 3801.10.5090.
Subject merchandise may also enter under HTSUS subheadings
2504.10.1000 and 3801.90.00. The HTSUS subheadings are provided for
convenience and customs purposes only. The written description of
the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: CATL's Separate Rate Status
Comment 2: Whether to Verify CATL
Comment 3: CATL and the China-Wide Entity Rate
Comment 4: Whether the Calculated Separate Rate is Reasonable
Comment 5: Surrogate Country Selection
Comment 6: Whether CATL's Information is Adequate to Calculate a
Margin
Comment 7: BTR's Separate Rate Status
Comment 8: BYD's Separate Rate Status
Comment 9: Whether BYD Made Shipments of Subject Merchandise
Comment 10: EVE Group's Separate Rate Status
Comment 11: Gotion's Separate Rate Status
Comment 12: Whether Gotion Made Shipments of Subject Merchandise
Comment 13: Hithium's Separate Rate Status
Comment 14: Sungrow's Separate Rate Status
Comment 15: Whether Sungrow Made Shipments of Subject
Merchandise
Comment 16: Whether to Accept Subaru Inc.'s (Subaru) Submissions
Comment 17: Which Consumption Rate to Use Concerning a Certain
Input
Comment 18: Whether to Correct Certain Errors in the Preliminary
Margin Calculations
VI. Recommendation
[FR Doc. 2026-02998 Filed 2-13-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 17, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.