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, 56864-56865 [2013-22476]

Download as PDF 56864 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices Dated: September 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. FOR FURTHER INFORMATION CONTACT: Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Case History 2. Scope of the Order 3. Preliminary Determination of No Shipments 4. Non-Market Economy Country Status 5. Separate Rates 6. Separate Rate Calculation for Companies Not Individually Examined 7. PRC-Wide Entity 8. Facts Available 9. Surrogate Country and Surrogate Value Data 10. Date of Sale 11. Determination of Comparison Method 12. Results of the Differential Pricing Analysis 13. Comparisons to Normal Value 14. U.S. Price 15. Normal Value 16. Factor Valuations 17. Currency Conversion [FR Doc. 2013–22475 Filed 9–13–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order and Rescission of LaterDeveloped Merchandise Anticircumvention Inquiry Thomas Schauer or Minoo Hatten, 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, and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background On April 17, 2013, the Department published in the Federal Register the affirmative Preliminary Determination that graphite electrodes produced and/ or exported by Jilin Carbon, with an actual or nominal diameter of 17 inches, and otherwise meeting the description of in-scope merchandise, constitute merchandise altered in form or appearance in such minor respects that it should be included within the scope of the Order, pursuant to section 781(c) of the Act.2 On May 15, 2013, and May 17, 2013, SGL Carbon LLC and Superior Graphite Co. (Petitioners), Jilin Carbon, and Ceramark Technology, Inc. (Ceramark) filed case briefs.3 On May 22, 2013, Petitioners filed a rebuttal brief.4 On June 27, 2013, we initially contacted U.S. International Trade Commission (ITC) staff via telephone to discuss our preliminary affirmative circumvention determination 5 and on August 2, 2013, we formally notified the ITC of our Preliminary Determination.6 On August 16, 2013, the ITC sent a letter in reply.7 Scope of the Antidumping Duty Order mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The merchandise subject to the order is small diameter graphite electrodes. 1 See Antidumping Duty Order: Small Diameter Graphite Electrodes From the People’s Republic of China, 74 FR 8775 (February 26, 2009) (Order). 2 See 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, 78 FR 22843 (April 17, 2013) (Preliminary Determination). 3 See Petitioners’ case brief dated May 17, 2013, Jilin Carbon’s case brief dated May 17, 2013, and Ceramark’s case brief dated May 15, 2013. 4 See Petitioners’ rebuttal brief dated May 22, 2013. 5 See Memorandum to the file, ‘‘Circumvention Inquiry of the Antidumping Duty Order on Small Diameter Graphite Electrodes From the People’s Republic of China: Informal Telephone Consultation With the International Trade Commission’’ (August 2, 2013). 6 See Letter to Irving A. Williamson, Chairman, U.S. International Trade Commission, ‘‘Small Diameter Graphite Electrodes From the People’s Republic of China: Notification of Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order’’ (August 2, 2013). 7 See Letter from Lisa R. Barton, ‘‘Small Diameter Graphite Electrodes From China, Commerce Anticircumvention Inquiry A–570–929’’ (August 16, 2013). Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that imports from the People’s Republic of China (PRC) of 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, constitute merchandise altered in form or appearance in such minor respects that it should be included within the scope of the Order, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act).1 DATES: Effective Date: September 16, 2013. VerDate Mar<15>2010 17:46 Sep 13, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 The small diameter graphite electrodes subject to the order is currently classifiable under the following subheadings of the Harmonized Tariff Schedule of the United States (HTSUS): 8545.11.0010,8 3801.10,9 and 8545.11.0020.10 The HTSUS subheadings are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice. The written description is dispositive. The Issues and 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). 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 Issues and Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Anticircumvention Inquiry The merchandise subject to this anticircumvention 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 8 The scope described in the Order refers to the HTSUS subheading 8545.11.0000. Petitioners have informed the Department that, starting in 2010, imports of small diameter graphite electrodes are classified in the HTSUS under subheading 8545.11.0010 and imports of large diameter graphite electrodes are classified under subheading 8545.11.0020. See Letter from Petitioners, ‘‘Small Diameter Graphite Electrodes: Request for Scope/ Circumvention Ruling’’ (April 5, 2012) at 5. 9 HTSUS subheading 3801.10 was added to the scope of the Order based on a determination in a prior anticircumvention proceeding. See Small Diameter Graphite Electrodes From the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 47596 (August 9, 2012). 10 We have added this HTSUS subheading in order to capture the merchandise subject to this inquiry. See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Anticircumvention Inquiry Regarding the Antidumping Duty Order on Small Diameter Graphite Electrodes From the People’s Republic of China: Issues and Decision Memorandum for the Final Determination of the Anticircumvention Inquiry’’ dated concurrently with this notice (Issues and Decision Memorandum) at Comment 2. E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices larger than 16 inches but less than 18 inches, and otherwise meeting the description of the scope of the Order. Consistent with the Preliminary Determination, we have limited the application of our affirmative final determination to graphite electrodes produced and/or exported by Jilin Carbon with an actual or nominal diameter of 17 inches because record evidence shows that among the named producers, only Jilin Carbon produces or exports merchandise subject to this proceeding and, moreover, that Jilin Carbon produces and/or exports only 17-inch diameter graphite electrodes to the United States.11 warehouse, for consumption on or after June 25, 2012, the date of publication of the initiation of this inquiry. Analysis of Comments Received All issues raised in the postpreliminary comments by parties in this proceeding are addressed in the Issues and Decision Memorandum. A list of the issues which the parties raised and to which the Department responds in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a proprietary document with a public version, and the public version is on file electronically via IA ACCESS. Notification to Interested Parties This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or 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 which is subject to sanction. This determination of circumvention is in accordance with section 781(c) of the Act and 19 CFR 351.225(i). Final Determination As detailed in the Issues and Decision Memorandum, we 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, constitute merchandise altered in form or appearance in such minor respects that it is properly subject to the Order. mstockstill on DSK4VPTVN1PROD with NOTICES Continuation of Suspension of Liquidation As a result of this determination, and consistent with 19 CFR 351.225(l)(3), we are continuing to direct Customs and Border Protection to suspend liquidation and to require a cash deposit of estimated duties at the applicable rate on unliquidated entries of graphite electrodes, produced and/or exported by Sinosteel Jilin Carbon Co., Ltd. and Jilin Carbon Import & Export Company, with an actual or nominal diameter of 17 inches, and otherwise meeting the description of in-scope merchandise, that were entered, or withdrawn from 11 See 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 April 17, 2013, at 3–4. VerDate Mar<15>2010 17:46 Sep 13, 2013 Jkt 229001 Rescission of Later-Developed Merchandise Anticircumvention Inquiry Because we are making an affirmative determination of circumvention pursuant to section 781(c) of the Act, we do not find it necessary to determine pursuant to section 781(d) of the Act whether this is later-developed merchandise that is circumventing the Order. Accordingly, we are rescinding the later-developed-merchandise anticircumvention inquiry. Dated: September 10, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix—Discussion of the Issues Comment 1: Whether Graphite Electrodes With a 17-inch Diameter Should Be Covered by the Order Comment 2: Whether the Scope of the Order Should be Updated To Reflect Subsequent Anticircumvention Determinations [FR Doc. 2013–22476 Filed 9–13–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–858, C–489–817] Certain Oil Country Tubular Goods From India and Turkey: Postponement of Preliminary Determination in the Countervailing Duty Investigations Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482–3964 (India); Shane Subler at (202) 482–0189 AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 56865 (Turkey), AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 22, 2013, the Department of Commerce (the Department) initiated the countervailing duty investigations of certain oil country tubular goods from India and Turkey.1 Currently, the preliminary determinations are due no later than September 25, 2013. Postponement of Due Date for the Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, if the Department concludes that the parties concerned in the investigation are cooperating and determines that the investigation is extraordinarily complicated, section 703(c)(1)(B) of the Act allows the Department to postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation. The Department has determined that the parties involved in these proceedings are cooperating, and that the investigations are extraordinarily complicated.2 Specifically, the Department is investigating numerous alleged subsidy programs in both India and Turkey; these programs include loans, grants, income tax incentives, and the provision of goods and services for less than adequate remuneration. Due to the number and complexity of the alleged countervailable subsidy practices being investigated, we determine that these investigations are extraordinarily complicated. Therefore, in accordance with section 703(c)(1)(B) of the Act, we are fully extending the due date for the preliminary determinations to not later than 130 days after the day on which the investigations were initiated. Thus, the deadline for completion of the preliminary determinations is now Friday, November 29, 2013. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). 1 See Certain Oil Country Tubular Goods from India and Turkey: Initiation of Countervailing Duty Investigations, 78 FR 45502 (July 29, 2013). 2 See section 703(c)(1)(B) of the Act. E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56864-56865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22476]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) determines that 
imports from the People's Republic of China (PRC) of 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, constitute merchandise 
altered in form or appearance in such minor respects that it should be 
included within the scope of the Order, pursuant to section 781(c) of 
the Tariff Act of 1930, as amended (the Act).\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: September 16, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, 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, and (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 17, 2013, the Department published in the Federal Register 
the affirmative Preliminary Determination that graphite electrodes 
produced and/or exported by Jilin Carbon, with an actual or nominal 
diameter of 17 inches, and otherwise meeting the description of in-
scope merchandise, constitute merchandise altered in form or appearance 
in such minor respects that it should be included within the scope of 
the Order, pursuant to section 781(c) of the Act.\2\
---------------------------------------------------------------------------

    \2\ See 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, 78 FR 22843 
(April 17, 2013) (Preliminary Determination).
---------------------------------------------------------------------------

    On May 15, 2013, and May 17, 2013, SGL Carbon LLC and Superior 
Graphite Co. (Petitioners), Jilin Carbon, and Ceramark Technology, Inc. 
(Ceramark) filed case briefs.\3\ On May 22, 2013, Petitioners filed a 
rebuttal brief.\4\
---------------------------------------------------------------------------

    \3\ See Petitioners' case brief dated May 17, 2013, Jilin 
Carbon's case brief dated May 17, 2013, and Ceramark's case brief 
dated May 15, 2013.
    \4\ See Petitioners' rebuttal brief dated May 22, 2013.
---------------------------------------------------------------------------

    On June 27, 2013, we initially contacted U.S. International Trade 
Commission (ITC) staff via telephone to discuss our preliminary 
affirmative circumvention determination \5\ and on August 2, 2013, we 
formally notified the ITC of our Preliminary Determination.\6\ On 
August 16, 2013, the ITC sent a letter in reply.\7\
---------------------------------------------------------------------------

    \5\ See Memorandum to the file, ``Circumvention Inquiry of the 
Antidumping Duty Order on Small Diameter Graphite Electrodes From 
the People's Republic of China: Informal Telephone Consultation With 
the International Trade Commission'' (August 2, 2013).
    \6\ See Letter to Irving A. Williamson, Chairman, U.S. 
International Trade Commission, ``Small Diameter Graphite Electrodes 
From the People's Republic of China: Notification of Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order'' (August 2, 2013).
    \7\ See Letter from Lisa R. Barton, ``Small Diameter Graphite 
Electrodes From China, Commerce Anticircumvention Inquiry A-570-
929'' (August 16, 2013).
---------------------------------------------------------------------------

Scope of the Antidumping Duty Order

    The merchandise subject to the order is small diameter graphite 
electrodes. The small diameter graphite electrodes subject to the order 
is currently classifiable under the following subheadings of the 
Harmonized Tariff Schedule of the United States (HTSUS): 
8545.11.0010,\8\ 3801.10,\9\ and 8545.11.0020.\10\ The HTSUS 
subheadings are provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. The 
written description is dispositive.
---------------------------------------------------------------------------

    \8\ The scope described in the Order refers to the HTSUS 
subheading 8545.11.0000. Petitioners have informed the Department 
that, starting in 2010, imports of small diameter graphite 
electrodes are classified in the HTSUS under subheading 8545.11.0010 
and imports of large diameter graphite electrodes are classified 
under subheading 8545.11.0020. See Letter from Petitioners, ``Small 
Diameter Graphite Electrodes: Request for Scope/Circumvention 
Ruling'' (April 5, 2012) at 5.
    \9\ HTSUS subheading 3801.10 was added to the scope of the Order 
based on a determination in a prior anticircumvention proceeding. 
See Small Diameter Graphite Electrodes From the People's Republic of 
China: Affirmative Final Determination of Circumvention of the 
Antidumping Duty Order, 77 FR 47596 (August 9, 2012).
    \10\ We have added this HTSUS subheading in order to capture the 
merchandise subject to this inquiry. See Memorandum from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Anticircumvention Inquiry Regarding the 
Antidumping Duty Order on Small Diameter Graphite Electrodes From 
the People's Republic of China: Issues and Decision Memorandum for 
the Final Determination of the Anticircumvention Inquiry'' dated 
concurrently with this notice (Issues and Decision Memorandum) at 
Comment 2.
---------------------------------------------------------------------------

    The Issues and 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). 
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 Issues and Decision Memorandum can be accessed directly 
on the Internet at https://www.trade.gov/ia/. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

Scope of the Anticircumvention Inquiry

    The merchandise subject to this anticircumvention 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

[[Page 56865]]

larger than 16 inches but less than 18 inches, and otherwise meeting 
the description of the scope of the Order. Consistent with the 
Preliminary Determination, we have limited the application of our 
affirmative final determination to graphite electrodes produced and/or 
exported by Jilin Carbon with an actual or nominal diameter of 17 
inches because record evidence shows that among the named producers, 
only Jilin Carbon produces or exports merchandise subject to this 
proceeding and, moreover, that Jilin Carbon produces and/or exports 
only 17-inch diameter graphite electrodes to the United States.\11\
---------------------------------------------------------------------------

    \11\ See 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 April 17, 2013, at 3-4.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this proceeding are addressed in the Issues and Decision Memorandum. A 
list of the issues which the parties raised and to which the Department 
responds in the Issues and Decision Memorandum is attached to this 
notice as an appendix. The Issues and Decision Memorandum is a 
proprietary document with a public version, and the public version is 
on file electronically via IA ACCESS.

Final Determination

    As detailed in the Issues and Decision Memorandum, we 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, constitute merchandise altered in form or 
appearance in such minor respects that it is properly subject to the 
Order.

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we are continuing to direct Customs and Border 
Protection to suspend liquidation and to require a cash deposit of 
estimated duties at the applicable rate on unliquidated entries of 
graphite electrodes, produced and/or exported by Sinosteel Jilin Carbon 
Co., Ltd. and Jilin Carbon Import & Export Company, with an actual or 
nominal diameter of 17 inches, and otherwise meeting the description of 
in-scope merchandise, that were entered, or withdrawn from warehouse, 
for consumption on or after June 25, 2012, the date of publication of 
the initiation of this inquiry.

Rescission of Later-Developed Merchandise Anticircumvention Inquiry

    Because we are making an affirmative determination of circumvention 
pursuant to section 781(c) of the Act, we do not find it necessary to 
determine pursuant to section 781(d) of the Act whether this is later-
developed merchandise that is circumventing the Order. Accordingly, we 
are rescinding the later-developed-merchandise anticircumvention 
inquiry.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or 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 which is 
subject to sanction.
    This determination of circumvention is in accordance with section 
781(c) of the Act and 19 CFR 351.225(i).

    Dated: September 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Discussion of the Issues

Comment 1: Whether Graphite Electrodes With a 17-inch Diameter 
Should Be Covered by the Order
Comment 2: Whether the Scope of the Order Should be Updated To 
Reflect Subsequent Anticircumvention Determinations

[FR Doc. 2013-22476 Filed 9-13-13; 8:45 am]
BILLING CODE 3510-DS-P

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