Notice2026-05495
Large Diameter Graphite Electrodes From the People's Republic of China and India: Initiation of Less-Than-Fair-Value Investigations
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 20, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 54 (Friday, March 20, 2026)</title>
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[Federal Register Volume 91, Number 54 (Friday, March 20, 2026)]
[Notices]
[Pages 13581-13586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05495]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-220, A-533-948]
Large Diameter Graphite Electrodes From the People's Republic of
China and India: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 16, 2026.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen at (202) 482-4521 (the
People's Republic of China (China)) and Hannah Lee at (202) 482-1216
(India), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On February 24, 2026, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of large
diameter graphite electrodes (large graphite electrodes) from China and
India, filed in proper form on behalf of the LDGE Fair Trade Coalition
and its individual members (the petitioners).\1\ The AD Petitions were
accompanied by countervailing duty (CVD) petitions concerning imports
of large graphite electrodes from China and India.\2\
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\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated February 24, 2026
(Petitions). The individual members of the LDGE Fair Trade Coalition
are Resonac Graphite America Inc. and Tokai Carbon GE LLC. Id.
\2\ Id.
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Between February 27 and March 10, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in supplemental questionnaires.\3\ Between March 3 and 11, 2026, the
petitioners filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
February 27, 2026 (First General Issues Supplemental Questionnaire);
First Country-Specific AD Questionnaires: India AD Questionnaire and
China AD Supplemental Questionnaire, dated February 27 and March 2,
2026, respectively; and Second Country-Specific AD Questionnaires:
Second India AD Questionnaire and Second China AD Questionnaire,
dated March 4 and 10, 2026; see also Memorandum, ``Teleconference
with Counsel to the Petitioners,'' dated March 10, 2026 (March 10,
2026, Memorandum).
\4\ See Petitioners' Letters, ``Response to Supplemental
Questions,'' dated March 4, 2026 (First General Issues Supplement);
Country-Specific AD Supplemental Responses: India AD Supplement and
China AD Supplement, dated March 3 and 5, 2026; Second Country-
Specific AD Supplemental Responses: India AD Supplement and China AD
Supplement, dated March 6 and 11, 2026; and ``Petitioners' Second
Supplement to Volume I of the Petition for the Imposition of
Antidumping and Countervailing Duties on Imports from China and
India,'' dated March 11, 2026 (Second General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of large
graphite electrodes from China and India are being, or are likely to
be, sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the large
graphite electrodes industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petitions were accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (F) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested LTFV investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigations (POI)
Because the Petitions were filed on February 24, 2026, pursuant to
19 CFR 351.204(b)(1), the POI for the India LTFV investigation is
January 1, 2025, through December 31, 2025. Because China is a non-
market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the POI
for the China LTFV investigation is July 1, 2025, through December 31,
2025.
Scope of the Investigations
The products covered by these investigations are large graphite
electrodes from China and India. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
Between February 27 and March 10, 2026, Commerce requested
information and clarification from the petitioners regarding the
proposed scope to ensure that the scope language in the Petitions is an
accurate reflection of the products for which the domestic industry is
seeking relief.\6\ Between March 4 and 11, 2026, the petitioners
provided clarifications and revised the scope.\7\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\6\ See First General Issues Supplemental Questionnaire; see
also March 10, 2026, Memorandum.
\7\ See First General Issues Supplement at 5-17 and Exhibits
GEN-SUPP-4 and GEN-SUPP-5; see also Second General Issues Supplement
at 2-7 and Exhibit GEN-SUPP2-1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information, all such factual information should be limited to public
information.\9\ Commerce requests that interested parties provide at
the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on April 6, 2026, which is the next business day after 20 calendar
days from the
[[Page 13582]]
signature date of this notice.\10\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on April 16, 2026, which is
10 calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ The deadline for scope comments falls on April 5, 2026,
which is a Sunday. Commerce's practice dictates that where a
deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, April 6, 2026).
See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of large graphite
electrodes to be reported in response to Commerce's AD questionnaires.
This information will be used to identify the key physical
characteristics of the subject merchandise in order to report the
relevant factors of production (FOP) or cost of production (COP)
accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe large graphite electrodes, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on April 6,
2026, which is the next business day after 20 calendar days from the
signature date of this notice.\12\ Any rebuttal comments must be filed
by 5:00 p.m. ET on April 16, 2026, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of both of the LTFV investigations.
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\12\ The deadline for product characteristics falls on April 5,
2026, which is a Sunday. Commerce's practice dictates that where a
deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, April 6, 2026).
See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis
[[Page 13583]]
of the information submitted on the record, we have determined that
large graphite electrodes, as defined in the scope, constitute a single
domestic like product, and we have analyzed industry support in terms
of that domestic like product.\16\
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\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Large Graphite Electrodes from the People's Republic of
China and India,'' dated concurrently with, and hereby adopted by,
this notice (Country-Specific AD Initiation Checklists), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Large Diameter Graphite
Electrodes from the People's Republic of China and India (Attachment
II). These checklists are on file electronically via ACCESS.
\16\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2025. The
petitioners identified themselves as the only two producers of large
graphite electrodes in the United States; therefore, the Petitions are
supported by 100 percent of the U.S. industry.\17\ We relied on data
provided by the petitioners for purposes of measuring industry
support.\18\
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\17\ Id.
\18\ Id.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\19\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\20\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\21\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\22\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\23\
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\19\ Id.
\20\ Id.; see also section 732(c)(4)(D) of the Act.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Large Diameter Graphite
Electrodes from the People's Republic of China and India.
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The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price depression; lost sales and
revenues; declines in production, capacity utilization, and U.S.
shipments; and negative impact on financial performance.\25\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence, and meet the statutory
requirements for initiation.\26\
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\25\ Id.
\26\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of large graphite electrodes from China and India. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For India, the petitioners based export price (EP) based on pricing
information for large graphite electrodes produced in India and sold or
offered for sale in the U.S. market.\27\ For China, the petitioners
based EP on: (1) pricing information for large graphite electrodes
produced in China and sold or offered for sale in the U.S. market; and
(2) the POI average unit value (AUV) derived from official import
statistics for imports of large graphite electrodes from China.\28\ The
petitioners made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price, where applicable.\29\
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\27\ See India AD Initiation Checklist.
\28\ See China AD Initiation Checklist.
\29\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>30</SUP>
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\30\ In accordance with section 773(b)(2) of the Act, for the
India investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For India, the petitioners calculated NV on home market pricing
information they obtained for large graphite electrodes produced in and
sold, or offered for sale, in India during the POI.\31\
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\31\ See India AD Initiation Checklist.
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Commerce considers China to be an NME country.\32\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(C) of the Act.
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\32\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioners claim that Brazil, Malaysia, and the Republic of
T[uuml]rkiye (T[uuml]rkiye) are appropriate surrogate countries for
China because they are market economy countries that are at a level of
economic development comparable to that of China and are significant
producers of comparable merchandise.\33\ The petitioners provided
publicly available information from Brazil, Malaysia, and T[uuml]rkiye
to value all FOPs.\34\ Based on the information provided by the
petitioners, we believe it is appropriate to use Brazil, Malaysia, and
T[uuml]rkiye as surrogate countries for China to value all FOPs for
initiation purposes.
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\33\ See China AD Initiation Checklist.
\34\ Id.
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Interested parties will have the opportunity to submit comments
[[Page 13584]]
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used the production experience and product-specific
consumptions rates of U.S. producers of large graphite electrodes as a
surrogate to value Chinese manufacturers' FOPs.\35\ Additionally, for
China, the petitioners calculated factory overhead, SG&A, and profit
based on the experience of Brazilian, Malaysian, and Turkish producers
of comparable merchandise.\36\
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\35\ See China AD Initiation Checklist.
\36\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of large graphite electrodes from Chian and India
are being, or are likely to be, sold in the United States at LTFV.
Based on comparisons of EP to NV in accordance with sections 772 and
773 of the Act, the estimated dumping margins for large graphite
electrodes for each of the countries covered by the initiation are as
follows: (1) China (Brazil surrogate)--44.71 to 116.64 percent; (2)
China (Malaysia surrogate) 38.33 to 98.79 percent; (3) China
(T[uuml]rkiye surrogate) 77.59 to 146.72 percent; and (4) India--42.59
to 73.40 percent.\37\
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\37\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of large graphite electrodes from China and India are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
China
In the Petitions, the petitioners identified 28 companies in China
as producers and/or exporters of large graphite electrodes.\38\ Our
standard practice for respondent selection in AD investigations
involving NME countries is to select respondents based on quantity and
value (Q&V) questionnaires in cases where Commerce has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petitions,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce determines that the number is large and decides to limit the
number of respondents individually examined pursuant to section
777A(c)(2) of the Act. Because there are 28 Chinese producers and/or
exporters identified in the Petitions, Commerce has determined that it
will issue Q&V questionnaires to the largest producers and/or exporters
in China that are identified in the U.S. Customs and Border Protection
POI entry data for which there is complete address information on the
record.\39\
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\38\ See Petitions at Volume I (pages 13-14 and Exhibit GEN-4);
see also First General Issues Supplement at 2-4 and Exhibit GEN-
SUPP-1.
\39\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data {China{time} ,'' dated March 13, 2026.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-qv-questionnaire">https://www.trade.gov/ec-adcvd-qv-questionnaire</a>. Producers/exporters of large graphite electrodes from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on March 30, 2026, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
India
In the Petitions, the petitioners identified three companies in
India.\40\ Following standard practice in LTFV investigations involving
market economy countries, in the event Commerce determines that the
number of companies is large, and it cannot individually examine each
company based upon Commerce's resource, where appropriate, Commerce
intends to select mandatory respondents based on CBP data for imports
under the appropriate Harmonized Tariff Schedule of the United States
(HTSUS) subheading(s) listed in the ``Scope of the Investigations,'' in
the appendix.
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\40\ See Petitions at Volume I (pages 13-14 and Exhibit GEN-4).
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On March 13, 2026, Commerce released CBP data on imports of large
graphite electrodes from India under APO to all parties with access to
information protected by APO and indicated that interested parties
wishing to comment on CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of these investigations.\41\ Comments must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\41\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data {India{time} ,'' dated March 13, 2026.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
<a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\42\ Pursuant to 19 CFR
[[Page 13585]]
351.108(d)(1), the separate rate application will be due 21 days after
publication of this initiation notice.\43\ Exporters and producers must
file a timely separate rate application if they want to be considered
for individual examination. In addition, pursuant to 19 CFR 351.108(e),
exporters and producers who submit a separate rate application and have
been selected as mandatory respondents will be eligible for
consideration for separate rate status only if they fully respond to
all parts of Commerce's AD questionnaire and participate in the LTFV
proceeding as mandatory respondents.\44\ Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
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\42\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\43\ See 19 CFR 351.108(d)(1).
\44\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\45\
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\45\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), 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>.
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the Governments of China and India via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of large graphite electrodes from China and/or
India are materially injuring, or threatening material injury to, a
U.S. industry.\46\ Negative ITC determinations for either country will
result in the investigation being terminated with respect to that
country.\47\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\46\ See section 733(a) of the Act.
\47\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \48\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\49\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\48\ See 19 CFR 351.301(b).
\49\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\50\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce
[[Page 13586]]
may elect to specify a different time limit by which extension requests
will be considered untimely for submissions which are due from multiple
parties simultaneously. In such a case, we will inform parties in a
letter or memorandum of the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, standalone submission;
under limited circumstances we will grant untimely filed requests for
the extension of time limits, where we determine, based on 19 CFR
351.302, that extraordinary circumstances exist. Parties should review
Commerce's regulations concerning the extension of time limits and the
Time Limits Final Rule prior to submitting factual information in these
investigations.\51\
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\50\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013(Time Limits Final Rule),
available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\51\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\52\
Parties must use the certification formats provided in 19 CFR
351.303(g).\53\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\52\ See section 782(b) of the Act.
\53\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2023) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\54\
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\54\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: March 16, 2026.
/S/Christopher Abbott
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
Scope of the Investigations
The merchandise covered by these investigations includes all
large diameter graphite electrodes of any length, whether or not
finished, of a kind used in furnaces, with a nominal or actual
diameter exceeding 425 millimeters (16.7 inches), and whether or not
attached to a graphite pin joining system or any other type of
joining system or hardware. The merchandise covered by these
investigations also includes graphite pin joining systems (commonly
referred to as pins or nipples) for large diameter graphite
electrodes, of any length, and with a minimum diameter of 228.6 mm
(9 inches) at its widest transverse cross-section, whether or not
finished, of a kind used in furnaces, and whether or not the
graphite pin joining system is attached to, sold with, or sold
separately from, the large diameter graphite electrode. Unfinished
large diameter graphite electrodes are graphitized electrodes that
have not undergone final machining. For purposes of these
investigations, the country of origin is determined by the country
of graphitization.
Excluded from the scope of these investigations are large
diameter graphite electrodes that are subject to the existing
antidumping duty order on Small Diameter Graphite Electrodes from
the People's Republic of China. See Antidumping Duty Order: Small
Diameter Graphite Electrodes from the People's Republic of China, 74
FR 8775 (February 26, 2009) (SDGE China AD Order) due to an
affirmative determination of circumvention that imports of graphite
electrodes from the People's Republic of China, produced and/or
exported by Sinosteel Jilin Carbon Co., Ltd. and Jilin Carbon Import
& Export Company (collectively, Jilin Carbon), with an actual or
nominal diameter of 17 inches and otherwise meeting the description
of the scope of the SDGE China AD Order constitute merchandise
subject to the SDGE China AD Order. See Small Diameter Graphite
Electrodes from the People's Republic of China: Affirmative Final
Determination of Circumvention of the Antidumping Duty Order and
Rescission of Later-Developed Merchandise Anticircumvention Inquiry,
78 FR 56864 (September 16, 2013). In the case of graphite electrodes
entering the United States determined to be subject to the SDGE
China AD Order, such order controls. In the case of graphite
electrodes entering the United States meeting the scope definition
of these investigations and not covered by the scope of the SDGE
China AD Order, the scope of these investigations controls.
Large diameter graphite electrodes and graphite pin joining
systems for large diameter graphite electrodes that are covered by
these investigations are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) statistical reporting
number 8545.11.0020. Merchandise covered by these investigations may
also enter under HTSUS statistical reporting numbers 3801.10.5090 or
3801.90.0050. The HTSUS numbers are provided for convenience and
customs purposes, but the written description of the scope is
dispositive.
[FR Doc. 2026-05495 Filed 3-19-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 20, 2026.
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