Small Diameter Graphite Electrodes From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order and Intent To Rescind Later-Developed Merchandise Circumvention Inquiry, 22843-22845 [2013-09059]
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices
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Category=Nicolet. Anyone who would
like to bring related matters to the
attention of the committee may file
written statements with the committee
staff before or after the meeting.
Individuals wishing to make an oral
statement should request in writing by
May 24th, 2013 to be scheduled on the
agenda. Written comments and requests
for time for oral comments must be sent
to Penny McLaughlin, RAC Coordinator,
Laona Ranger District, 4978 Hwy 8 W,
Laona, WI 54541; 715–674–4481 or by
email to pmclaughlin@fs.fed.us or via
facsimile to 715–674–2545. The agenda
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oral statements of three minutes or less.
A summary of the meeting will be
posted at the above Web site within 21
days of the meeting.
Dated: April 5, 2013.
Paul I.V. Strong,
Forest Supervisor.
[FR Doc. 2013–08923 Filed 4–16–13; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
sroberts on DSK5SPTVN1PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: International Trade
Administration (ITA).
Title: Procedures for Considering
Requests and Comments from the Public
for Textile and Apparel Safeguard
Actions on Imports from Oman.
OMB Control Number: 0625–0266.
Form Number(s): None.
Type of Request: Regular submission
(extension of a currently approved
collection).
Burden Hours: 24.
Number of Respondents: 6 (1 for
Request; 5 for Comments).
Average Hours per Response: 4 hours
for a Request; and 4 hours for a
Comment.
Needs and Uses: Title III, Subtitle B,
Section 321 through Section 328 of the
United States-Oman Free Trade
Agreement Implementation Act (the
‘‘Act’’) implements the textile and
apparel safeguard provisions, provided
for in Article 3.1 of the United StatesOman Free Trade Agreement (the
‘‘Agreement’’). This safeguard
mechanism applies when, as a result of
the elimination of a customs duty under
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16:50 Apr 16, 2013
Jkt 229001
the Agreement, an Omani textile or
apparel article is being imported into
the United States in such increased
quantities, in absolute terms or relative
to the domestic market for that article,
and under such conditions as to cause
serious damage or actual threat thereof
to a U.S. industry producing a like or
directly competitive article. In these
circumstances, Article 3.1 permits the
United States to increase duties on the
imported article from Oman to a level
that does not exceed the lesser of the
prevailing U.S. normal trade relations
(NTR)/most-favored-nation (MFN) duty
rate for the article or the U.S. NTR/MFN
duty rate in effect on the day before the
Agreement entered into force.
The Statement of Administrative
Action accompanying the Act provides
that the Committee for the
Implementation of Textile Agreements
(CITA) will issue procedures for
requesting such safeguard measures, for
making its determinations under section
322(a) of the Act, and for providing
relief under section 322(b) of the Act.
In Proclamation No. 8332 (73 FR
80289, December 31, 2008), the
President delegated to CITA his
authority under Subtitle B of Title III of
the Act with respect to textile and
apparel safeguard measures.
CITA must collect information in
order to determine whether a domestic
textile or apparel industry is being
adversely impacted by imports of these
products from Oman, thereby allowing
CITA to take corrective action to protect
the viability of the domestic textile or
apparel industry, subject to section
322(b) of the Act.
Affected Public: Individuals or
households; business or other for-profit
organizations.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Wendy Liberante,
(202) 395–3647.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW, Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Wendy Liberante, OMB Desk
Officer, Fax number (202) 395–5167 or
via the Internet at
Wendy_L._Liberante@omb.eop.gov.
PO 00000
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22843
Dated: April 11, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–08936 Filed 4–16–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–93–2012]
Foreign-Trade Zone 33—Pittsburgh,
Pennsylvania, Authorization of Export
Production Activity, Tsudis Chocolate
Company (Chocolate Confectionery
Bars), Pittsburgh, Pennsylvania
On December 4, 2012, Tsudis
Chocolate Company, submitted a
notification of proposed export
production activity to the Foreign-Trade
Zones (FTZ) Board for its facility within
FTZ 33—Site 10, in Pittsburgh,
Pennsylvania.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (77 FR 77016, 12–31–
2012). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14, and further subject to a
restriction requiring that all foreignstatus liquid chocolate admitted to FTZ
33 must be re-exported.
Dated: April 11, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–09042 Filed 4–16–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Affirmative Preliminary Determination
of Circumvention of the Antidumping
Duty Order and Intent To Rescind
Later-Developed Merchandise
Circumvention Inquiry
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that imports from the
People’s Republic of China (‘‘PRC’’) of
AGENCY:
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22844
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
certain graphite electrodes, 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 in-scope
merchandise, constitutes merchandise
altered in form or appearance in such
minor respects that it should be
included within the scope of the Order.1
DATES: Effective Date: April 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC, 20230;
telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Duty Order
The merchandise covered by the order
is small diameter graphite electrodes.
Small diameter graphite electrodes
subject to the order are currently
classifiable in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) at subheading 8545.11.0010.
The HTSUS subheadings are provided
for convenience and customs purposes.
A full description of the scope of the
Order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Preliminary Analysis
Memorandum for the Circumvention
Inquiry of the Antidumping Duty Order
on Small Diameter Graphite Electrodes
from the People’s Republic of China’’
dated concurrently with this notice
(‘‘Preliminary Decision Memorandum’’),
which is hereby adopted by this notice.
The written description is dispositive.
The Preliminary Decision Memorandum
is a proprietary document with a public
version, and the public version is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
1 See Antidumping Duty Order: Small Diameter
Graphite Electrodes from the People’s Republic of
China, 74 FR 8775 (February 26, 2009) (‘‘Order’’).
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16:50 Apr 16, 2013
Jkt 229001
Preliminary Decision Memorandum are
identical in content.
Scope of the Circumvention Inquiry
The merchandise subject to this
circumvention inquiry consists of
graphite electrodes from the PRC,
produced and/or exported by Jilin
Carbon, Beijing Fangda Carbon-Tech
Co., Ltd. and Fangda Carbon New
Material Co., Ltd., and Fushun Jinly
Petrochemical Carbon, with diameters
larger than 16 inches but less than 18
inches, and otherwise meeting the
description of the scope of the Order.
We have limited the application of our
affirmative preliminary determination to
graphite electrodes from the PRC,
produced and/or exported by Jilin
Carbon, with an actual or nominal
diameter of 17 inches because record
evidence shows that, among the
producers and merchandise subject to
this inquiry, Jilin Carbon produced and/
or exported 17-inch diameter graphite
electrodes to the United States,2 and we
have no record evidence at this time
supporting a determination that any
other producer in the PRC produces or
exports graphite electrodes with
diameters larger than 16 inches but less
than 18 inches.
Methodology
The Department has made this
preliminary finding of circumvention in
accordance with section 781(c) of the
Tariff Act of 1930, as amended (‘‘Act’’)
and 19 CFR 351.225(i). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination
As detailed in the Preliminary
Decision Memorandum, we
preliminarily determine, pursuant to
section 781(c) of the Act, that imports
from the PRC of certain graphite
electrodes, produced and/or exported by
Jilin Carbon, with a diameter of 17
inches, and otherwise meeting the
description of in-scope merchandise,
constitutes merchandise altered in form
or appearance in such minor respects
that it should be subject to the Order.
This preliminary determination applies
only to merchandise produced and/or
exported by Jilin Carbon. Because we
are recommending an affirmative
preliminary determination of
circumvention with respect to minor
alterations pursuant to section 781(c) of
the Act, we do not find it necessary to
make a determination with respect to a
later-developed merchandise
circumvention inquiry pursuant to
2 See
PO 00000
Preliminary Decision Memorandum at 3–4.
Frm 00003
Fmt 4703
Sfmt 4703
section 781(d) of the Act and we intend
to rescind the later-developed
merchandise circumvention inquiry.
Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(2), we are directing U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of entries of
merchandise subject to this inquiry
produced and/or exported by Jilin
Carbon, and entered, or withdrawn from
warehouse, for consumption on or after
June 25, 2012, the date of publication of
the initiation of this inquiry. We will
also instruct CBP to require a cash
deposit of estimated duties at the
applicable rates for each unliquidated
entry of the product entered, or
withdrawn from warehouse, for
consumption on or after June 25, 2012,
in accordance with 19 CFR
351.225(l)(2).
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Pursuant to
19 CFR 351.309(d), rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case briefs.
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, filed
electronically via IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. We expect to issue our final
determination of circumvention by
September 13, 2013.
This preliminary determination of
circumvention is in accordance with
section 781(c) of the Act and 19 CFR
351.225.
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices
Dated: April 11, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–09059 Filed 4–16–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–844]
Certain Lined Paper Products From
India: Final Results of Countervailing
Duty Administrative Review; 2010
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) completed the
administrative review on the
countervailing duty (CVD) order on
certain lined paper products from India
for the January 1, 2010, through
December 31, 2010, period of review
(POR) 1 in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). The respondents in
this administrative review are A.R.
Printing & Packaging India Private
Limited (AR Printing) and its U.S.
importer, Gemstone Printing Inc.
(Gemstone). Our analysis of comments
received is contained in the Decision
Memorandum accompanying this
Federal Register notice.2 The final net
subsidy rate for AR Printing is listed
below in the ‘‘Final Results of Review’’
section.
DATES: Effective Date: April 17, 2013.
FOR FURTHER INFORMATION CONTACT: John
Conniff at 202–482–1009, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On September 28, 2006, the
Department published in the Federal
Register the CVD order on certain lined
paper products from India.3 On October
1 See Certain Lined Paper Products From India:
Preliminary Results of Countervailing Duty
Administrative Review; Calendar Year 2010, 77 FR
61742 (October 11, 2012) (Preliminary Results).
2 See Issues and Decision Memorandum from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import
Administration, concerning the Final Results of
Administrative Review of the Countervailing Duty
Order on Certain Lined Paper Products from India
(Decision Memorandum).
3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
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16:50 Apr 16, 2013
Jkt 229001
11, 2012, the Department published its
preliminary results of administrative
review of the CVD order on certain lined
paper products from India for the POR.
On October 22, 2012, the Department
received the Government of India’s
supplemental questionnaire response.
On November 9, 2012, the Department
postponed the deadline for case briefs.
On January 25, 2013, the Department
extended the time limit for completion
of the final results by 60 days to April
9, 2013, in accordance with section
751(a)(3)(A) of the Act.4 On February 1,
2013, the Department issued the PostPreliminary Decision Memorandum in
this review.5 AR Printing submitted a
case brief on February 14, 2013, and
petitioner submitted a rebuttal brief on
February 22, 2012.
No interested party requested a
hearing.
Scope of the Order
The merchandise subject to the order
is certain lined paper products. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) item numbers:
4811.90.9035, 4811.90.9080,
4820.30.0040, 4810.22.5044,
4811.90.9050, 4811.90.9090,
4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040,
4820.10.2050, 4820.10.2060, and
4820.10.4000. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in the
Lined Paper Order, remains
dispositive.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006) (Lined Paper Order).
4 See Extension of Time Limit for Final Results
from John Conniff, Senior International Trade
Analyst to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, dated January 25, 2013.
5 See Post-Preliminary Issues and Decision
Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
dated February 1, 2013 (Post-Preliminary Decision
Memorandum).
6 Lined Paper Order, 71 FR at 56950–51.
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Frm 00004
Fmt 4703
Sfmt 4703
22845
Operations, ‘‘Countervailing Duty (CVD)
Review of Certain Lined Paper Products
from India: Issues and Decision
Memorandum for the Final Results of
Review’’ (‘‘Decision Memorandum’’),
dated concurrently and hereby adopted
by this notice. The analysis of changes
to the net subsidy rates that the
Department has made since the
Preliminary Results are contained in the
Department’s Post-Preliminary Decision
Memorandum. A list of the issues which
parties have raised, and to which we
have responded in the Decision
Memorandum, is attached to this notice
as an Appendix. The Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
Access to IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit room
7046 of the main Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The signed
Decision Memorandum and the
electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
The Department determines a net
subsidy rate of 100.40 percent ad
valorem for AR Printing for the period
January 1, 2010, through, December 31,
2010. We adjusted the net subsidy rate
to reflect our finding that a programwide change exists with regard to two
subsidy programs to arrive at a cash
deposit rate for AR Printing of 94.92
percent ad valorem.
Assessment Rates/Cash Deposits
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise by
AR Printing entered, or withdrawn form
warehouse, for consumption on or after
January 1, 2010, through December 31,
2010, at the ad valorem assessment rate
listed above. We will also instruct CBP
to collect cash deposits for the
respondent at the countervailing duty
cash deposit rate indicated above on all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review.
For all non-reviewed companies, we
will instruct CBP to continue to collect
cash deposits at the most recent
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Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22843-22845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09059]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order and Intent To Rescind Later-Developed
Merchandise Circumvention Inquiry
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that imports from the People's Republic of China (``PRC'')
of
[[Page 22844]]
certain graphite electrodes, 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 in-scope
merchandise, constitutes merchandise altered in form or appearance in
such minor respects that it should be included within the scope of the
Order.\1\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
26, 2009) (``Order'').
---------------------------------------------------------------------------
DATES: Effective Date: April 17, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, Office 1, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC,
20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Duty Order
The merchandise covered by the order is small diameter graphite
electrodes. Small diameter graphite electrodes subject to the order are
currently classifiable in the Harmonized Tariff Schedule of the United
States (``HTSUS'') at subheading 8545.11.0010. The HTSUS subheadings
are provided for convenience and customs purposes. A full description
of the scope of the Order is contained in the memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, ``Preliminary Analysis Memorandum for the Circumvention
Inquiry of the Antidumping Duty Order on Small Diameter Graphite
Electrodes from the People's Republic of China'' dated concurrently
with this notice (``Preliminary Decision Memorandum''), which is hereby
adopted by this notice. The written description is dispositive. The
Preliminary Decision Memorandum is a proprietary document with a public
version, and the public version is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available to registered users at https://iaaccess.trade.gov and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Circumvention Inquiry
The merchandise subject to this circumvention inquiry consists of
graphite electrodes from the PRC, produced and/or exported by Jilin
Carbon, Beijing Fangda Carbon-Tech Co., Ltd. and Fangda Carbon New
Material Co., Ltd., and Fushun Jinly Petrochemical Carbon, with
diameters larger than 16 inches but less than 18 inches, and otherwise
meeting the description of the scope of the Order. We have limited the
application of our affirmative preliminary determination to graphite
electrodes from the PRC, produced and/or exported by Jilin Carbon, with
an actual or nominal diameter of 17 inches because record evidence
shows that, among the producers and merchandise subject to this
inquiry, Jilin Carbon produced and/or exported 17-inch diameter
graphite electrodes to the United States,\2\ and we have no record
evidence at this time supporting a determination that any other
producer in the PRC produces or exports graphite electrodes with
diameters larger than 16 inches but less than 18 inches.
---------------------------------------------------------------------------
\2\ See Preliminary Decision Memorandum at 3-4.
---------------------------------------------------------------------------
Methodology
The Department has made this preliminary finding of circumvention
in accordance with section 781(c) of the Tariff Act of 1930, as amended
(``Act'') and 19 CFR 351.225(i). For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Preliminary Determination
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine, pursuant to section 781(c) of the Act, that
imports from the PRC of certain graphite electrodes, produced and/or
exported by Jilin Carbon, with a diameter of 17 inches, and otherwise
meeting the description of in-scope merchandise, constitutes
merchandise altered in form or appearance in such minor respects that
it should be subject to the Order. This preliminary determination
applies only to merchandise produced and/or exported by Jilin Carbon.
Because we are recommending an affirmative preliminary determination of
circumvention with respect to minor alterations pursuant to section
781(c) of the Act, we do not find it necessary to make a determination
with respect to a later-developed merchandise circumvention inquiry
pursuant to section 781(d) of the Act and we intend to rescind the
later-developed merchandise circumvention inquiry.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), we are directing U.S.
Customs and Border Protection (``CBP'') to suspend liquidation of
entries of merchandise subject to this inquiry produced and/or exported
by Jilin Carbon, and entered, or withdrawn from warehouse, for
consumption on or after June 25, 2012, the date of publication of the
initiation of this inquiry. We will also instruct CBP to require a cash
deposit of estimated duties at the applicable rates for each
unliquidated entry of the product entered, or withdrawn from warehouse,
for consumption on or after June 25, 2012, in accordance with 19 CFR
351.225(l)(2).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs. Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice. Requests
should contain: (1) The party's name, address and telephone number; (2)
the number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. We expect to issue our final determination of
circumvention by September 13, 2013.
This preliminary determination of circumvention is in accordance
with section 781(c) of the Act and 19 CFR 351.225.
[[Page 22845]]
Dated: April 11, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-09059 Filed 4-16-13; 8:45 am]
BILLING CODE 3510-DS-P