Notice2026-20031
Large Diameter Graphite Electrodes From India: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
Primary source
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Published
September 30, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that large diameter graphite electrodes (large graphite electrodes) from India are being, or are likely to be, sold in the United States at less-than-fair-value (LTFV). The period of investigation (POI) is January 1, 2025, through December 31, 2025. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 91 Issue 188 (Wednesday, September 30, 2026)</title>
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[Federal Register Volume 91, Number 188 (Wednesday, September 30, 2026)]
[Notices]
[Pages 61825-61828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20031]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-948]
Large Diameter Graphite Electrodes From India: Preliminary
Affirmative Determination of Sales at Less-Than-Fair-Value, Preliminary
Affirmative Determination of Critical Circumstances, Postponement of
Final Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that large diameter graphite electrodes (large graphite
electrodes) from India are being, or are likely to be, sold in the
United States at less-than-fair-value (LTFV). The period of
investigation (POI) is January 1, 2025, through December 31, 2025.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 30, 2026.
FOR FURTHER INFORMATION CONTACT: Patrick Barton or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0012 or (202)
482-1216, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on March 20,
2026.\1\ On July 13, 2026, Commerce postponed the preliminary
determination of this investigation; the revised deadline is now
September 22, 2026.\2\
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\1\ See Large Diameter Graphite Electrodes from the People's
Republic of China and India: Initiation of Less-Than-Fair-Value
Investigations, 91 FR 13581 (March 20, 2026) (Initiation Notice).
\2\ See Large Diameter Graphite Electrodes from India:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 91 FR 42931 (July 13, 2026).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value and Preliminary
Affirmative Determination of Critical Circumstances in the
Investigation of Large Diameter Graphite Electrodes from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are large diameter
graphite electrodes from India. For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal comments submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 91 FR at 13581-82.
\6\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Large Diameter Graphite Electrodes from India
and the People's Republic of China: Preliminary Scope Decision
Memorandum,'' dated July 24, 2026 (Preliminary Scope Decision
Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act, and constructed export
prices in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for
Graphite India Limited (GIL), HEG Limited (HEG), and all other
producers and exporters of the subject merchandise. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
weighted-average dumping margin, i.e., the all-others rate, for all
exporters and producers not individually examined. This rate shall be
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for GIL and HEG that are not zero, de minimis,
or based
[[Page 61826]]
entirely on facts otherwise available. Commerce calculated the all-
others rate using a weighted average of the estimated weighted-average
dumping margins calculated for the examined respondents using each
company's publicly-ranged values for the merchandise under
consideration.\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see Memorandum, ``Preliminary Determination All-Others Rate
Calculations,'' dated concurrently with this notice (All-Others Rate
Calculation Memorandum).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Weighted-average Cash deposit rate
Exporter/producer dumping margin (adjusted for subsidy
(percent) offset(s)) (percent)
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Graphite India Limited........................................ 12.22 9.88
HEG Limited................................................... 4.97 1.15
All Others.................................................... 6.95 \8\ 3.53
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Suspension of Liquidation
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced or exported by GIL, HEG, and all other producers/
exporters of the subject merchandise. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries of shipments of subject merchandise from the
producers or exporters identified in this paragraph that were entered,
or withdrawn from warehouse, for consumption on or after the date which
is 90 days before the publication of this notice.
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\8\ See Memorandum, ``Preliminary Calculation of Export Subsidy
Offsets,'' dated concurrently with this notice.
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Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate.\9\ Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above.
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\9\ See Large Diameter Graphite Electrodes from India:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 91 FR 48081 (July 30, 2026), and accompanying
Preliminary Decision Memorandum.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation, unless the Secretary alters the time limit. A
timeline for the submission of case briefs and written comments will be
notified to interested parties at a later date. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case
[[Page 61827]]
briefs.\10\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On September 8 and 15, 2026, respectively, pursuant to 19 CFR
351.210(e), Resonac Graphite America Inc. and Tokai Carbon GE LLC (the
petitioners) and HEG requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\14\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporters accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\14\ See Petitioners' Letter, ``Petitioners' Request to Postpone
the Final Determination,'' dated September 8, 2026; see also HEG's
Letter, ``Request to Postpone the Deadline for Final
Determination,'' dated September 15, 2026.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 22, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation 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 the investigation 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 the investigation, the country of origin is
determined by the country of graphitization.
Excluded from the scope of the investigation 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 the
investigation and not covered by the scope of the SDGE China AD
Order, the scope of the investigation controls.
Large diameter graphite electrodes and graphite pin joining
systems for large diameter graphite electrodes that are covered by
the investigation are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) statistical reporting
number 8545.11.0020. Merchandise covered
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by the investigation 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.
Excluded from the scope of the investigation are certain thermal
energy storage (TES) graphite blocks. The excluded TES graphite
blocks are machine-milled, non-cylindrical graphite blocks, which
have: a coefficient of thermal expansion of 1.5 [micro]m/
(m[middot]K) or greater, and an apparent (also known as bulk)
density below 1.74 g/cm\3\, and which have an actual length of
between 228.6 mm (9.0 inches) and 3010 mm (118.5 inches), an actual
width between 228.6 mm (9.0 inches) and 560 mm (22.0 inches), an
actual height between 228.6 mm (9.0 inches) and 560 mm (22.0
inches), and which have been machined to include two or more holes
of at least 150 mm (5.9 inches) in depth and at least 35 mm (1.4
inches) in diameter.
The two or more 150 mm deep holes must be located: (i) along the
longest centerline of the longest side of the block, each located on
the same side of the block, (ii) spaced at intervals of no greater
than 1000 mm (39.4 inches) apart as measured from the outer edge of
the holes, and (iii) with the hole closest to each end of the
longest centerline located within 1000 mm of the corresponding end
of the block. Blocks may contain any number of additional holes,
channels, or grooves in any configuration or location, provided that
at least two or more holes of at least 150 mm depth are present as
described above.
Further excluded from the scope of the investigation are certain
TES graphite blocks, anchors, and pins, regardless of shape, which
have a coefficient of thermal expansion of 1.5 [micro]m/(m[middot]K)
or greater, and an apparent (also known as bulk) density below 1.74
g/cm\3\, with actual dimensions such that any one or more of the
length, width, or height is less than 228.6 mm (9.0 inches).
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Affirmative Determination of Critical Circumstances
VI. Currency Conversion
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VIII. Recommendation
[FR Doc. 2026-20031 Filed 9-29-26; 8:45 am]
BILLING CODE 3510-DS-P
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