Small Diameter Graphite Electrodes From the People's Republic of China: Amended Final Results of the First Administrative Review of the Antidumping Duty Order, 15042-15043 [2012-6188]
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15042
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: March 7, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues & Decision
Memorandum
COMMENT I: SELECTION OF SURROGATE
COUNTRY
A. Economic Comparability
B. Significant Producer of the Comparable
Merchandise
C. Data Considerations
COMMENT II: SURROGATE VALUES
A. Financial Ratios
1. Selection of Surrogate Companies
B. By-Products Offsets
1. Fish Waste
2. Fish Oil
3. Fresh Broken Fillets
4. Frozen Broken Fillets
5. Fish Meal
C. Farming Factors
1. Fingerlings, Fish Feed, Nutrients, Lime
D. Other Surrogate Values
1. Labor
2. Salt
3. STPP, CO Gas, PE Bags, Cartons, Tape,
Label, Plastic Sheet, Banding, Diesel,
Coal
4. Brokerage & Handling
COMMENT III: ZEROING
Company-Specific Issues
COMMENT IV: VINH HOAN
A. Fish Consumption
B. Revocation
C. Farming Water
COMMENT V: CONSIDERATION OF VINH
QUANG AS A VOLUNTARY
RESPONDENT
COMMENT VI: SOUTH VINA SEPARATE
RATE CERTIFICATION
[FR Doc. 2012–6201 Filed 3–13–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK4SPTVN1PROD with NOTICES
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Amended Final Results of the First
Administrative Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 14, 2012.
SUMMARY: On September 13, 2011, the
Department of Commerce
AGENCY:
VerDate Mar<15>2010
17:29 Mar 13, 2012
Jkt 226001
(‘‘Department’’) published the final
results of the antidumping duty
administrative review of small diameter
graphite electrodes (‘‘SDGE’’) from the
People’s Republic of China (‘‘PRC’’),
covering the period August 21, 2008,
through January 31, 2010.1 We are
amending our Final Results to correct
certain ministerial errors made in the
calculation of the antidumping duty
margins for Fushun Jinly Petrochemical
Carbon Co., Ltd. (‘‘Fushun Jinly’’);
Beijing Fangda Carbon Tech Co., Ltd.
(‘‘Beijing Fangda’’), Fangda Carbon New
Material Co., Ltd. (‘‘Fangda Carbon’’),
Fushun Carbon Co., Ltd. (‘‘‘Fushun
Carbon’’), and Hefei Carbon Co., Ltd.
(‘‘Hefei’’); and Xinghe County Muzi Co.,
Ltd. (‘‘Muzi’’) pursuant to section 751(h)
of the Tariff Act of 1930, as amended
(‘‘the Act’’), and 19 CFR 351.224(e).
FOR FURTHER INFORMATION CONTACT:
Lindsey Novom or Frances Veith, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–5256 or (202) 482–
4295, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2011, the
Department published its affirmative
final results in this proceeding.2 On
September 19, 2011, Fushun Jinly and
Beijing Fangda, Chengdu Rongguang
Carbon Co., Ltd. (‘‘Rongguang’’), Fangda
Carbon, Fushun Carbon, and Hefei
(collectively ‘‘the Fangda Group’’),
mandatory respondents, submitted
ministerial error allegations and
requested, pursuant to 19 CFR
351.224(c), that the Department correct
the alleged ministerial errors in the
calculation of Fushun Jinly and the
Fangda Group’s dumping margins.
Muzi, a separate rate company, also
submitted ministerial error allegations
on September 19, 2011. SGL Carbon
LLC and Superior Graphite Co.
(‘‘Petitioners’’) submitted rebuttal
comments on September 23, 2011.
Before the Department could take action
on the alleged ministerial errors,
Petitioners filed a summons and
complaint with the U.S. Court of
International Trade (‘‘CIT’’) challenging
the Final Results, which vested the CIT
with jurisdiction over the administrative
proceeding. On February 22, 2012, the
1 See
Small Diameter Graphite Electrodes from
the People’s Republic of China: Final Results of the
First Administrative Review of the Antidumping
Duty Order and Final Rescission of the
Administrative Review, in Part, 76 FR 56397
(September 13, 2011) (‘‘Final Results’’).
2 See Final Results.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
CIT granted the Department leave to
publish these amended final results to
correct certain ministerial errors.3
Ministerial Errors
A ministerial error as defined in
section 751(h) of the Act includes
‘‘errors in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 4
After analyzing all interested party
comments and rebuttals, we have
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
that we made certain ministerial errors
in our calculations for the Final Results.
For a detailed discussion of these
ministerial errors, as well as the
Department’s analysis of the errors and
allegations, see the Memorandum to the
File, ‘‘First Administrative Review of
the Antidumping Duty Order on Small
Diameter Graphite Electrodes from the
People’s Republic of China: Analysis of
Ministerial Error Allegations,’’ dated
concurrently with this notice
(‘‘Ministerial Error Memo’’).
Additionally, in the Final Results, we
determined that Muzi qualified for a
separate rate.5 Because the cash deposit
rate for Muzi was based on the
calculated rate of the mandatory
respondents, Fushun Jinly and the
Fangda Group, and the margins for both
companies have changed since the Final
Results, the separate rate has changed as
well.6 Finally, we have corrected a
misspelling of Muzi’s full name. The
amended weighted-average dumping
margins are as follows:
SDGEs from the PRC
Exporters
Percent
margin
Beijing Fangda Carbon Tech Co.,
Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon
Co., Ltd., Hefei Carbon Co., Ltd
Fushun Jinly Petrochemical Carbon Co., Ltd ..............................
Xinghe County Muzi Carbon Co.,
Ltd .............................................
1.10
39.83
16.00
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
3 See SGL Carbon LLC v. United States, Consol.
Court No. 11–00389 (Ct. Int’l Trade February 22,
2012) (order granting the Department leave to
publish amended final results correcting ministerial
errors no later than March 16, 2012).
4 See also 19 CFR 351.224(f).
5 See Final Results.
6 See Ministerial Error Memo.
E:\FR\FM\14MRN1.SGM
14MRN1
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
srobinson on DSK4SPTVN1PROD with NOTICES
Disclosure
We will disclose the calculations
performed for these amended final
results within five days of the date of
publication of this notice to interested
parties in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review. For
assessment purposes, we calculated
importer (or customer)-specific
assessment rates for merchandise
subject to this review. Where
appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total entered values associated
with those transactions. For dutyassessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per-unit rate for each
importer (or customer) by dividing the
total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per-unit rate
VerDate Mar<15>2010
17:29 Mar 13, 2012
Jkt 226001
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
On September 28, 2011, the U.S. Court
of International Trade issued a
preliminary injunction enjoining
liquidation of certain entries which are
subject to the antidumping duty order
on SDGEs from the PRC, for the POR.7
Accordingly, the Department will not
issue assessment instructions for any
entries subject to the above-mentioned
injunction to CBP after publication of
this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively on any entries made on or
after September 13, 2011, the date of
publication of the Final Results, for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
Fushun Jinly, the Fangda Group, and
Muzi, the cash deposit rate will be the
amended final margin rate shown above
in the ‘‘Ministerial Errors’’ section of
this notice; (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (3)
for all PRC exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the PRCwide rate of 159.64 percent; and (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporters that supplied that non-PRC
exporter. These deposit requirements
shall remain in effect until further
notice.
These amended final results are
published in accordance with sections
751(a)(1), 751(h) and 777(i)(1) of the
Act.
Dated: March 7, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–6188 Filed 3–13–12; 8:45 am]
BILLING CODE 3510–DS–P
7 See SGL Carbon LLC and Superior Graphite Co.
v. United States, CIT Court No. 11–00389 dated
September 28, 2011.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
15043
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
Request for Tribal Consultation on the
Minority Business Development
Agency’s (MBDA) Native American
Business Enterprise Center (NABEC)
Program; Notice of Public Webinars
Department of Commerce.
Meeting Notice.
AGENCY:
ACTION:
The Department of
Commerce’s (Department) Minority
Business Development Agency (MBDA)
seeks to redesign its Native American
Business Center (NABEC) program. The
NABEC program is a key component of
MBDA’s business development
assistance program and promotes the
growth and competitiveness of eligible
Native American and minority-owned
businesses. As part of the NABEC
program, businesses that are owned or
controlled by the following persons or
groups of persons are eligible to receive
business assistance services: American
Indians and Native Americans
(including Alaska Natives, Alaska
Native Corporations, Tribal entities,
tribal universities and tribal
governments), African Americans, Asian
Indian Americans, Asian and Pacific
Islander Americans, Hasidic Jewish
Americans, and Hispanic Americans.
The MBDA will conduct two
webinars, on March 13 and 15, 2012, to
seek input and recommendations from
tribal organizations and tribal
governments on the proposed redesign
of the NABEC program. MBDA has
planned a more cohesive program
involving collaboration among the
NABECs and Minority Business
Enterprises (MBEs) to achieve the same
program goals, and to expand and
promote export initiatives and
international trade opportunities
aligned with President Obama’s
National Export Initiative (NEI).
DATES: Webinars will be held on the
following dates and times: March 13,
2012, 3 p.m.–4 p.m. EDT; and March 15,
2012 at 3 p.m.–4 p.m. EDT. Registration
information is provided in
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Dee
Alexander, Senior Advisor on Native
American Affairs, Office of Legislative
and Intergovernmental Affairs,
Department of Commerce, 1401
Constitution Avenue NW., Room 5422,
Washington, DC 20230, by telephone at
(202) 482–0789, or by email at
dalexander@doc.gov. You may also
contact Holden Hoofnagle, Chief of the
MBDA Office of Business Development,
SUMMARY:
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15042-15043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6188]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Amended Final Results of the First Administrative Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 14, 2012.
SUMMARY: On September 13, 2011, the Department of Commerce
(``Department'') published the final results of the antidumping duty
administrative review of small diameter graphite electrodes (``SDGE'')
from the People's Republic of China (``PRC''), covering the period
August 21, 2008, through January 31, 2010.\1\ We are amending our Final
Results to correct certain ministerial errors made in the calculation
of the antidumping duty margins for Fushun Jinly Petrochemical Carbon
Co., Ltd. (``Fushun Jinly''); Beijing Fangda Carbon Tech Co., Ltd.
(``Beijing Fangda''), Fangda Carbon New Material Co., Ltd. (``Fangda
Carbon''), Fushun Carbon Co., Ltd. (```Fushun Carbon''), and Hefei
Carbon Co., Ltd. (``Hefei''); and Xinghe County Muzi Co., Ltd.
(``Muzi'') pursuant to section 751(h) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.224(e).
---------------------------------------------------------------------------
\1\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Final Results of the First Administrative Review
of the Antidumping Duty Order and Final Rescission of the
Administrative Review, in Part, 76 FR 56397 (September 13, 2011)
(``Final Results'').
FOR FURTHER INFORMATION CONTACT: Lindsey Novom or Frances Veith, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5256
---------------------------------------------------------------------------
or (202) 482-4295, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2011, the Department published its affirmative
final results in this proceeding.\2\ On September 19, 2011, Fushun
Jinly and Beijing Fangda, Chengdu Rongguang Carbon Co., Ltd.
(``Rongguang''), Fangda Carbon, Fushun Carbon, and Hefei (collectively
``the Fangda Group''), mandatory respondents, submitted ministerial
error allegations and requested, pursuant to 19 CFR 351.224(c), that
the Department correct the alleged ministerial errors in the
calculation of Fushun Jinly and the Fangda Group's dumping margins.
Muzi, a separate rate company, also submitted ministerial error
allegations on September 19, 2011. SGL Carbon LLC and Superior Graphite
Co. (``Petitioners'') submitted rebuttal comments on September 23,
2011. Before the Department could take action on the alleged
ministerial errors, Petitioners filed a summons and complaint with the
U.S. Court of International Trade (``CIT'') challenging the Final
Results, which vested the CIT with jurisdiction over the administrative
proceeding. On February 22, 2012, the CIT granted the Department leave
to publish these amended final results to correct certain ministerial
errors.\3\
---------------------------------------------------------------------------
\2\ See Final Results.
\3\ See SGL Carbon LLC v. United States, Consol. Court No. 11-
00389 (Ct. Int'l Trade February 22, 2012) (order granting the
Department leave to publish amended final results correcting
ministerial errors no later than March 16, 2012).
---------------------------------------------------------------------------
Ministerial Errors
A ministerial error as defined in section 751(h) of the Act
includes ``errors in addition, subtraction, or other arithmetic
function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the administering authority considers ministerial.'' \4\
---------------------------------------------------------------------------
\4\ See also 19 CFR 351.224(f).
---------------------------------------------------------------------------
After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 751(h) of the Act and 19
CFR 351.224(e), that we made certain ministerial errors in our
calculations for the Final Results. For a detailed discussion of these
ministerial errors, as well as the Department's analysis of the errors
and allegations, see the Memorandum to the File, ``First Administrative
Review of the Antidumping Duty Order on Small Diameter Graphite
Electrodes from the People's Republic of China: Analysis of Ministerial
Error Allegations,'' dated concurrently with this notice (``Ministerial
Error Memo'').
Additionally, in the Final Results, we determined that Muzi
qualified for a separate rate.\5\ Because the cash deposit rate for
Muzi was based on the calculated rate of the mandatory respondents,
Fushun Jinly and the Fangda Group, and the margins for both companies
have changed since the Final Results, the separate rate has changed as
well.\6\ Finally, we have corrected a misspelling of Muzi's full name.
The amended weighted-average dumping margins are as follows:
---------------------------------------------------------------------------
\5\ See Final Results.
\6\ See Ministerial Error Memo.
------------------------------------------------------------------------
SDGEs from the PRC
-------------------------------------------------------------------------
Percent
Exporters margin
------------------------------------------------------------------------
Beijing Fangda Carbon Tech Co., Ltd., Fangda Carbon New 1.10
Material Co., Ltd., Fushun Carbon Co., Ltd., Hefei Carbon
Co., Ltd....................................................
Fushun Jinly Petrochemical Carbon Co., Ltd................... 39.83
Xinghe County Muzi Carbon Co., Ltd........................... 16.00
------------------------------------------------------------------------
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
[[Page 15043]]
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation that is subject to sanction.
Disclosure
We will disclose the calculations performed for these amended final
results within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the amended final results of
this review. For assessment purposes, we calculated importer (or
customer)-specific assessment rates for merchandise subject to this
review. Where appropriate, we calculated an ad valorem rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total entered values associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting ad valorem rate
against the entered customs values for the subject merchandise. Where
appropriate, we calculated a per-unit rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total sales quantity associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit rate against the
entered quantity of the subject merchandise. Where an importer (or
customer)-specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2). On
September 28, 2011, the U.S. Court of International Trade issued a
preliminary injunction enjoining liquidation of certain entries which
are subject to the antidumping duty order on SDGEs from the PRC, for
the POR.\7\ Accordingly, the Department will not issue assessment
instructions for any entries subject to the above-mentioned injunction
to CBP after publication of this notice.
---------------------------------------------------------------------------
\7\ See SGL Carbon LLC and Superior Graphite Co. v. United
States, CIT Court No. 11-00389 dated September 28, 2011.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made on or after September 13, 2011, the
date of publication of the Final Results, for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For Fushun Jinly, the Fangda
Group, and Muzi, the cash deposit rate will be the amended final margin
rate shown above in the ``Ministerial Errors'' section of this notice;
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 159.64 percent; and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporters that supplied that non-PRC exporter. These deposit
requirements shall remain in effect until further notice.
These amended final results are published in accordance with
sections 751(a)(1), 751(h) and 777(i)(1) of the Act.
Dated: March 7, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-6188 Filed 3-13-12; 8:45 am]
BILLING CODE 3510-DS-P
