Small Diameter Graphite Electrodes from the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value, 54561-54563 [E8-22109]
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Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices
submissions should be received no later
than thirty days from the date of this
notice.
Comments received, with the
exception of information marked
‘‘business confidential,’’ will be
available for public inspection upon
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confidential’’ shall be protected from
disclosure to the full extent permitted
by law.
It is suggested that those desiring
additional information contact Mr.
Eugene Alford, Office of Service
Industries, Room 1124, U.S. Department
of Commerce, Washington, DC 20230, or
telephone 202–482–5071.
Dated: September 12, 2008.
Mark Brady,
Deputy Assistant Secretary for Services.
[FR Doc. E8–22032 Filed 9–19–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of Issuance of an
Amended Export Trade Certificate of
Review, Application No. 84–19A12.
ACTION:
SUMMARY: On September 17, 2008, the
U.S. Department of Commerce issued an
amended Export Trade Certificate of
Review to Northwest Fruit Exporters
(‘‘NFE’’).
sroberts on PROD1PC70 with NOTICES
Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or e-mail
at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR Part 325
(2008).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
Description of Amended Certificate:
19:11 Sep 19, 2008
Jkt 214001
Dated: September 17, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–22099 Filed 9–19–08; 8:45 am]
BILLING CODE 3510–DR–P
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
The original NFE Certificate (No. 84–
00012) was issued on June 11, 1984 (49
FR 24581, June 14, 1984), and last
amended on September 17, 2007 (72 FR
54000, September 21, 2007).
NFE’s Export Trade Certificate of
Review has been amended to:
1. Add each of the following
companies as a new ‘‘Member’’ of the
Certificate within the meaning of
section 325.2(1) of the Regulations (15
CFR 325.2(1)): Lotus Fruit Packing, Inc.,
Brewster, Washington; Obert Cold
Storage, Zillah, Washington; and Tree
To You, LLC, Chelan, Washington; and
2. Delete the following companies as
‘‘Members’’ of the Certificate: Fox
Orchards, Mattawa, Washington;
Inland—Joseph Fruit Company, Wapato,
Washington; K–K Packing & Storage,
L.L.C., Zillah, Washington; Manzaneros
Mexicanos de Washington, Yakima,
Washington; Orchard View Farms, The
Dalles, Oregon; and Peshastin Hi-Up
Growers, Peshastin, Washington.
The effective date of the amended
certificate is June 19, 2008. A copy of
the amended certificate will be kept in
the International Trade Administration’s
Freedom of Information Records
Inspection Facility, Room 4100, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
from the People’s Republic of China:
Amended Preliminary Determination of
Sales at Less Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 22, 2008.
SUMMARY: On August 21, 2008, the
Department of Commerce (the
Department) published the preliminary
determination of sales at less than fair
value (LTFV) in the antidumping
investigation of small diameter graphite
electrodes (graphite electrodes) from the
People’s Republic of China (PRC). See
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value, Postponement of
Final Determination, and Affirmative
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
54561
Preliminary Determination of Critical
Circumstances, in Part, 73 FR 49408
(August 21, 2008) (Preliminary
Determination). We are amending our
Preliminary Determination to correct
certain ministerial errors with respect to
the antidumping duty margin
calculation for the Fangda Group.1 The
corrections to the Fangda Group’s
margin also affect the margin applied to
companies receiving a separate rate.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Drew Jackson, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone: (202) 482–4162 or (202) 482–
4406, respectively.
On August
21, 2008, the Department published in
the Federal Register the preliminary
determination that graphite electrodes
from the PRC are being, or are likely to
be, sold in the United States at LTFV,
as provided in section 733 of the Tariff
Act of 1930, as amended (the ‘‘Act’’).
See Preliminary Determination.
On August 25, 2008, the Fangda
Group, as well as SGL Carbon LLC and
Superior Graphite Co. (collectively
‘‘petitioners’’) filed timely allegations of
ministerial errors in the Department’s
preliminary calculation of the Fangda
Group’s dumping margin. On August
26, 2008, petitioners submitted a
ministerial error allegation with respect
to Fushun Jinly Petrochemical Carbon
Co., Ltd. (Fushun Jinly). On August 28,
2008, per the Department’s request,
petitioners submitted information
regarding the affect the alleged errors
have on the dumping margin calculated
for the Fangda Group.
After reviewing the allegations, we
have determined that the Preliminary
Determination included significant
ministerial errors. Therefore, in
accordance with section 351.224(e) of
the Department’s regulations, we have
made changes, as described below, to
the Preliminary Determination.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period of investigation (POI) is
July 1, 2007, through December 31,
2007. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
January 2008. See section 351.204(b)(1)
of the Department’s regulations.
1 The Fangda Group consists of Fangda Carbon
New Material Co., Ltd., Beijing Fangda Carbon Tech
Co., Ltd., Fushun Carbon Co., Ltd., and Chengdu
Rongguang Carbon Co., Ltd.
E:\FR\FM\22SEN1.SGM
22SEN1
54562
Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices
Scope of Investigation
The merchandise covered by this
investigation includes all small
diameter graphite electrodes of any
length, whether or not finished, of a
kind used in furnaces, with a nominal
or actual diameter of 400 millimeters
(16 inches) or less, and whether or not
attached to a graphite pin joining system
or any other type of joining system or
hardware. Small diameter graphite
electrodes are most commonly used in
primary melting, ladle metallurgy, and
specialty furnace applications in
industries including foundries, smelters,
and steel refining operations. Small
diameter graphite electrodes subject to
this investigation are currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 8545.11.0000. The HTSUS
number is provided for convenience and
customs purposes, but the written
description of the scope is dispositive.
Significant Ministerial Error
Ministerial errors are defined in
section 735(e) of the Act as ‘‘errors in
addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ Section 351.224(e) of the
Department’s regulations provides that
the Department ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination . . . .’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in (1) a
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted–average
dumping margin calculated in the
original (erroneous) preliminary
determination, or (2) a difference
between a weighted–average dumping
margin of zero or de minimis and a
weighted–average dumping margin of
greater than de minimis or vice versa.
See section 351.224(g) of the
Department’s regulations.
Ministerial Error Allegations
The petitioners allege that, with
respect to the Fangda Group, the
Department: (1) did not deduct marine
insurance from U.S. prices and used the
wrong surrogate value for marine
insurance; (2) incorrectly excluded
packing costs from normal value and
used the wrong surrogate value for
wooden boards (a packing material); (3)
deducted from U.S. prices only a
truncated value, not the complete value,
of foreign brokerage and handling
expenses; (4) incorrectly relied on
Indian import data for the period July 1,
2007 through December 1, 2007, instead
of July 1, 2007 through December 31,
2007; (5) did not include the cost of
self–produced calcined petroleum coke
in direct material costs, and (6)
incorrectly classified the baking scrap
and graphite scrap that were reused in
the production process as by–product
offsets, rather than direct materials.
With respect to Fushun Jinly,
petitioners reiterated their allegation
that the Department incorrectly relied
on Indian import data for the period
July 1, 2007 through December 1, 2007,
instead of July 1, 2007 through
December 31, 2007. The Fangda Group
alleges that the Department
inadvertently assigned raw petroleum
coke the surrogate value for calcined
petroleum coke and failed to convert
this surrogate value from rupees to U.S.
dollars.
Amended Preliminary Determination
We have determined that the
Department made certain ministerial
errors in calculating the preliminary
dumping margin for the Fangda Group
by failing to: (1) properly deduct marine
insurance and brokerage and handling
expenses from U.S. prices, (2) properly
include the cost of packing and raw
petroleum coke in normal value, and (3)
properly treat the cost of baking and
graphite scrap. These ministerial errors,
in combination, qualify as significant
ministerial errors pursuant to section
351.224(g) of the Department’s
regulations because they result in a
change of more than five absolute
percentage points to the Fangda Group’s
dumping margin. Accordingly, we have
corrected errors alleged by petitioners
and the Fangda Group. We found no
ministerial errors with respect to
Fushun Jinly. See Memorandum to
Abdelali Elouaradia from Magd Zalok
and Drew Jackson, Analysts, Allegation
of Ministerial Errors, dated concurrently
with this Federal Register notice.
As a result of correcting the above
errors in the Fangda Group’s dumping
margin calculation, the dumping margin
for the companies granted separate–rate
status must also be revised because the
dumping margin for those companies
was partially derived from the Fangda
Group’s dumping margin.
As a result of corrections of
ministerial errors, the revised weight–
average dumping margins are as follows:
sroberts on PROD1PC70 with NOTICES
Exporter & Producer
Weighted–Average Margin
Fushun Carbon Co., Ltd. ...........................................................................................................................................
Produced by: Fushun Carbon Co., Ltd..
Fangda Carbon New Material Co., Ltd. ....................................................................................................................
Produced by: Fangda Carbon New Material Co., Ltd..
Beijing Fangda Carbon Tech Co., Ltd. ......................................................................................................................
Produced by: Chengdu Rongguang Carbon Co., Ltd.; Fangda Carbon.
New Material Co., Ltd.; or Fushun Carbon Co., Ltd..
Chengdu Rongguang Carbon Co., Ltd. .....................................................................................................................
Produced by: Chengdu Rongguang Carbon Co., Ltd..
Jilin Carbon Import and Export Company .................................................................................................................
Produced by: Sinosteel Jilin Carbon Co., Ltd..
Guanghan Shida Carbon Co., Ltd. ............................................................................................................................
Produced by: Guanghan Shida Carbon Co., Ltd..
Nantong River–East Carbon Joint Stock Co., Ltd. ....................................................................................................
Produced by: Nantong River–East Carbon Co., Ltd.; or Nantong.
Yangzi Carbon Co., Ltd..
Xinghe County Muzi Carbon Co. Ltd. .......................................................................................................................
Produced by: Xinghe County Muzi Carbon Co., Ltd..
Brilliant Charter Limited .............................................................................................................................................
Produced by: Nantong Falter New Energy Co., Ltd.; or Shanxi.
Jinneng Group Co., Ltd..
Shijiazhuang Huanan Carbon Factory ......................................................................................................................
Produced by: Shijiazhuang Huanan Carbon Factory.
VerDate Aug<31>2005
19:11 Sep 19, 2008
Jkt 214001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
E:\FR\FM\22SEN1.SGM
22SEN1
48.20%
48.20%
48.20%
48.20%
90.50%
90.50%
90.50%
90.50%
90.50%
90.50%
Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices
Exporter & Producer
54563
Weighted–Average Margin
Shenyang Jinli Metals & Minerals Imp & Exp Co., Ltd. ............................................................................................
Produced by: Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd..
Shanghai Jinneng International Trade Co., Ltd. .......................................................................................................
Produced by: Shanxi Jinneng Group Datong Energy Development Co., Ltd..
Dalian Thrive Metallurgy Import and Export Co., Ltd. ...............................................................................................
Produced by: Linghai Hongfeng Carbon Products Co., Ltd.; Tianzhen.
Jintian Graphite Electrodes Co., Ltd.; Jiaozuo Zhongzhou Carbon Products Co., Ltd.; Heilongjiang
Xinyuan Carbon Products Co., Ltd.;.
Xuzhou Jianglong Carbon Manufacture Co., Ltd.; or Xinghe Xinyuan Carbon Products Co., Ltd..
GES (China) Co., Ltd. ...............................................................................................................................................
Produced by: Shanghai GC Co., Ltd.; Fushun Jinli Petrochemical Carbon Co., Ltd.; Xinghe County
Muzi Carbon Plant and Linyi County Lubei Carbon Co., Ltd. Shandong Province.
Qingdao Haosheng Metals & Minerals Imp & Exp Co., Ltd. ....................................................................................
Produced by: Sinosteel Jilin Carbon Co., Ltd..
The weight–average dumping margins
for Fushun Jinly and the PRC–wide
entity have not changed from the
margins determined in the original
90.50%
90.50%
90.50%
90.50%
90.50%
preliminary determination. Those
margins are as follows:
Exporter & Producer
Weighted–Average Margin
Fushun Jinly Petrochemical Carbon Co., Ltd. ...........................................................................................................
Produced by: Fushun Jinly Petrochemical Carbon Co., Ltd..
PRC–Wide Rate ........................................................................................................................................................
Retroactive Application of Amended
Preliminary Determination Margins
For the Fangda Group and the
separate rate applicants, we will instruct
U.S. Customs and Border Protection
(CBP) to require a cash deposit or the
posting of a bond equal to the applicable
weighted–average margins indicated
above, for all entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after 90 days prior to the publication
date of the Preliminary Determination,
August 21, 2008. For Fushun Jinly and
the PRC–wide entity, we will instruct
CBP to require a cash deposit or the
posting of a bond equal to the applicable
weighted–average margins indicated
above, for all entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of the
Preliminary Determination.
sroberts on PROD1PC70 with NOTICES
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we have notified the
International Trade Commission (‘‘ITC’’)
of our amended preliminary
determination. If our final
determination is affirmative, the ITC
will make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of graphite electrodes,
or sales (or the likelihood of sales) for
importation, of the merchandise under
investigation, within 45 days of our
final determination.
VerDate Aug<31>2005
19:11 Sep 19, 2008
Jkt 214001
This determination is issued and
published in accordance with sections
733(f), 735(a)(2), and 777(i) of the Act
and sections 351.210(g) and 351.224(e)
of the Department’s regulations.
Dated: September 15, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–22109 Filed 9–19–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XK63
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scientific and Statistical Committee
(SSC) on October 6–7, 2008, to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Monday, October 6, 2008, at 10 a.m. and
Tuesday, October 7, 2008, at 8 a.m.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
132.80%
159.34%
The meeting will be held at
the Hilton Hotel, 20 Coogan Boulevard,
Mystic, CT 06355; telephone: (860) 572–
0731; fax: (860) 572–0328.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
ADDRESSES:
Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
FOR FURTHER INFORMATION CONTACT:
The SSC
will: (1) elect new committee officers;
(2) address committee priorities and
workload issues and (3) review the
scientific basis for Amendment 3 to the
Skate Fishery Management Plan. The
committee also will review the new
overfishing definition under
consideration in Framework Adjustment
15 to the Scallop Fishery Management
Plan and the Ocean Associates Inc.
report entitled Mobile Fishing Gear
Effects and Citation Validity in NEFMC
Documents Affecting the Atlantic Sea
Scallop Fishery.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22SEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54561-54563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22109]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes from the People's Republic of
China: Amended Preliminary Determination of Sales at Less Than Fair
Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 22, 2008.
SUMMARY: On August 21, 2008, the Department of Commerce (the
Department) published the preliminary determination of sales at less
than fair value (LTFV) in the antidumping investigation of small
diameter graphite electrodes (graphite electrodes) from the People's
Republic of China (PRC). See Small Diameter Graphite Electrodes From
the People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value, Postponement of Final Determination, and
Affirmative Preliminary Determination of Critical Circumstances, in
Part, 73 FR 49408 (August 21, 2008) (Preliminary Determination). We are
amending our Preliminary Determination to correct certain ministerial
errors with respect to the antidumping duty margin calculation for the
Fangda Group.\1\ The corrections to the Fangda Group's margin also
affect the margin applied to companies receiving a separate rate.
---------------------------------------------------------------------------
\1\ The Fangda Group consists of Fangda Carbon New Material Co.,
Ltd., Beijing Fangda Carbon Tech Co., Ltd., Fushun Carbon Co., Ltd.,
and Chengdu Rongguang Carbon Co., Ltd.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Drew Jackson, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
---------------------------------------------------------------------------
4162 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION: On August 21, 2008, the Department published
in the Federal Register the preliminary determination that graphite
electrodes from the PRC are being, or are likely to be, sold in the
United States at LTFV, as provided in section 733 of the Tariff Act of
1930, as amended (the ``Act''). See Preliminary Determination.
On August 25, 2008, the Fangda Group, as well as SGL Carbon LLC and
Superior Graphite Co. (collectively ``petitioners'') filed timely
allegations of ministerial errors in the Department's preliminary
calculation of the Fangda Group's dumping margin. On August 26, 2008,
petitioners submitted a ministerial error allegation with respect to
Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly). On August
28, 2008, per the Department's request, petitioners submitted
information regarding the affect the alleged errors have on the dumping
margin calculated for the Fangda Group.
After reviewing the allegations, we have determined that the
Preliminary Determination included significant ministerial errors.
Therefore, in accordance with section 351.224(e) of the Department's
regulations, we have made changes, as described below, to the
Preliminary Determination.
Period of Investigation
The period of investigation (POI) is July 1, 2007, through December
31, 2007. This period corresponds to the two most recent fiscal
quarters prior to the month of the filing of the petition, January
2008. See section 351.204(b)(1) of the Department's regulations.
[[Page 54562]]
Scope of Investigation
The merchandise covered by this investigation includes all small
diameter graphite electrodes of any length, whether or not finished, of
a kind used in furnaces, with a nominal or actual diameter of 400
millimeters (16 inches) or less, and whether or not attached to a
graphite pin joining system or any other type of joining system or
hardware. Small diameter graphite electrodes are most commonly used in
primary melting, ladle metallurgy, and specialty furnace applications
in industries including foundries, smelters, and steel refining
operations. Small diameter graphite electrodes subject to this
investigation are currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 8545.11.0000. The
HTSUS number is provided for convenience and customs purposes, but the
written description of the scope is dispositive.
Significant Ministerial Error
Ministerial errors are defined in section 735(e) of the Act as
``errors in addition, subtraction, or other arithmetic function,
clerical errors resulting from inaccurate copying, duplication, or the
like, and any other type of unintentional error which the administering
authority considers ministerial.'' Section 351.224(e) of the
Department's regulations provides that the Department ``will analyze
any comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination . . . .'' A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination, or
(2) a difference between a weighted-average dumping margin of zero or
de minimis and a weighted-average dumping margin of greater than de
minimis or vice versa. See section 351.224(g) of the Department's
regulations.
Ministerial Error Allegations
The petitioners allege that, with respect to the Fangda Group, the
Department: (1) did not deduct marine insurance from U.S. prices and
used the wrong surrogate value for marine insurance; (2) incorrectly
excluded packing costs from normal value and used the wrong surrogate
value for wooden boards (a packing material); (3) deducted from U.S.
prices only a truncated value, not the complete value, of foreign
brokerage and handling expenses; (4) incorrectly relied on Indian
import data for the period July 1, 2007 through December 1, 2007,
instead of July 1, 2007 through December 31, 2007; (5) did not include
the cost of self-produced calcined petroleum coke in direct material
costs, and (6) incorrectly classified the baking scrap and graphite
scrap that were reused in the production process as by-product offsets,
rather than direct materials. With respect to Fushun Jinly, petitioners
reiterated their allegation that the Department incorrectly relied on
Indian import data for the period July 1, 2007 through December 1,
2007, instead of July 1, 2007 through December 31, 2007. The Fangda
Group alleges that the Department inadvertently assigned raw petroleum
coke the surrogate value for calcined petroleum coke and failed to
convert this surrogate value from rupees to U.S. dollars.
Amended Preliminary Determination
We have determined that the Department made certain ministerial
errors in calculating the preliminary dumping margin for the Fangda
Group by failing to: (1) properly deduct marine insurance and brokerage
and handling expenses from U.S. prices, (2) properly include the cost
of packing and raw petroleum coke in normal value, and (3) properly
treat the cost of baking and graphite scrap. These ministerial errors,
in combination, qualify as significant ministerial errors pursuant to
section 351.224(g) of the Department's regulations because they result
in a change of more than five absolute percentage points to the Fangda
Group's dumping margin. Accordingly, we have corrected errors alleged
by petitioners and the Fangda Group. We found no ministerial errors
with respect to Fushun Jinly. See Memorandum to Abdelali Elouaradia
from Magd Zalok and Drew Jackson, Analysts, Allegation of Ministerial
Errors, dated concurrently with this Federal Register notice.
As a result of correcting the above errors in the Fangda Group's
dumping margin calculation, the dumping margin for the companies
granted separate-rate status must also be revised because the dumping
margin for those companies was partially derived from the Fangda
Group's dumping margin.
As a result of corrections of ministerial errors, the revised
weight-average dumping margins are as follows:
------------------------------------------------------------------------
Exporter & Producer Weighted-Average Margin
------------------------------------------------------------------------
Fushun Carbon Co., Ltd.................... 48.20%
Produced by: Fushun Carbon Co.,
Ltd..............................
Fangda Carbon New Material Co., Ltd....... 48.20%
Produced by: Fangda Carbon New
Material Co., Ltd................
Beijing Fangda Carbon Tech Co., Ltd....... 48.20%
Produced by: Chengdu Rongguang
Carbon Co., Ltd.; Fangda Carbon..
New Material Co., Ltd.; or Fushun
Carbon Co., Ltd..................
Chengdu Rongguang Carbon Co., Ltd......... 48.20%
Produced by: Chengdu Rongguang
Carbon Co., Ltd..................
Jilin Carbon Import and Export Company.... 90.50%
Produced by: Sinosteel Jilin
Carbon Co., Ltd..................
Guanghan Shida Carbon Co., Ltd............ 90.50%
Produced by: Guanghan Shida Carbon
Co., Ltd.........................
Nantong River-East Carbon Joint Stock Co., 90.50%
Ltd......................................
Produced by: Nantong River-East
Carbon Co., Ltd.; or Nantong.....
Yangzi Carbon Co., Ltd............
Xinghe County Muzi Carbon Co. Ltd......... 90.50%
Produced by: Xinghe County Muzi
Carbon Co., Ltd..................
Brilliant Charter Limited................. 90.50%
Produced by: Nantong Falter New
Energy Co., Ltd.; or Shanxi......
Jinneng Group Co., Ltd............
Shijiazhuang Huanan Carbon Factory........ 90.50%
Produced by: Shijiazhuang Huanan
Carbon Factory...................
[[Page 54563]]
Shenyang Jinli Metals & Minerals Imp & Exp 90.50%
Co., Ltd.................................
Produced by: Shenyang Jinli Metals
& Minerals Imp. & Exp. Co., Ltd..
Shanghai Jinneng International Trade Co., 90.50%
Ltd......................................
Produced by: Shanxi Jinneng Group
Datong Energy Development Co.,
Ltd..............................
Dalian Thrive Metallurgy Import and Export 90.50%
Co., Ltd.................................
Produced by: Linghai Hongfeng
Carbon Products Co., Ltd.;
Tianzhen.........................
Jintian Graphite Electrodes Co.,
Ltd.; Jiaozuo Zhongzhou Carbon
Products Co., Ltd.; Heilongjiang
Xinyuan Carbon Products Co.,
Ltd.;............................
Xuzhou Jianglong Carbon
Manufacture Co., Ltd.; or Xinghe
Xinyuan Carbon Products Co., Ltd.
GES (China) Co., Ltd...................... 90.50%
Produced by: Shanghai GC Co.,
Ltd.; Fushun Jinli Petrochemical
Carbon Co., Ltd.; Xinghe County
Muzi Carbon Plant and Linyi
County Lubei Carbon Co., Ltd.
Shandong Province................
Qingdao Haosheng Metals & Minerals Imp & 90.50%
Exp Co., Ltd.............................
Produced by: Sinosteel Jilin
Carbon Co., Ltd..................
------------------------------------------------------------------------
The weight-average dumping margins for Fushun Jinly and the PRC-
wide entity have not changed from the margins determined in the
original preliminary determination. Those margins are as follows:
------------------------------------------------------------------------
Exporter & Producer Weighted-Average Margin
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., 132.80%
Ltd......................................
Produced by: Fushun Jinly
Petrochemical Carbon Co., Ltd....
PRC-Wide Rate............................. 159.34%
------------------------------------------------------------------------
Retroactive Application of Amended Preliminary Determination Margins
For the Fangda Group and the separate rate applicants, we will
instruct U.S. Customs and Border Protection (CBP) to require a cash
deposit or the posting of a bond equal to the applicable weighted-
average margins indicated above, for all entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after 90
days prior to the publication date of the Preliminary Determination,
August 21, 2008. For Fushun Jinly and the PRC-wide entity, we will
instruct CBP to require a cash deposit or the posting of a bond equal
to the applicable weighted-average margins indicated above, for all
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the Preliminary
Determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
International Trade Commission (``ITC'') of our amended preliminary
determination. If our final determination is affirmative, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of graphite electrodes, or sales (or the
likelihood of sales) for importation, of the merchandise under
investigation, within 45 days of our final determination.
This determination is issued and published in accordance with
sections 733(f), 735(a)(2), and 777(i) of the Act and sections
351.210(g) and 351.224(e) of the Department's regulations.
Dated: September 15, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-22109 Filed 9-19-08; 8:45 am]
BILLING CODE 3510-DS-S
