Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 13825-13826 [2015-06105]
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Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
satisfactorily, there must be written
guides and rules, which in this case are
regulations for the provider and user.
Need and Use of the Information: The
Agricultural Marketing Service will
collect information to ensure that the
dairy inspection program products are
produced under sanitary conditions and
buyers are purchasing a quality product.
The information collected through
recordkeeping are routinely reviewed
and evaluated during the inspection of
the dairy plant facilities for USDA
approval. Without laboratory testing
results required by recordkeeping, the
inspectors would not be able to evaluate
the quality of dairy products.
Description of Respondents: Business
or other for-profit.
Number of Respondents: 487.
Frequency of Responses:
Recordkeeping.
Total Burden Hours: 1,388.
Charlene Parker,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2015–05998 Filed 3–16–15; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 19, 2014, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (PRC),
covering the period February 1, 2013,
through January 31, 2014.1 We invited
parties to comment on the Preliminary
Results. We received no comments from
interested parties. Accordingly, for the
final results, we continue to find that
during the period of review (POR)
Henan Sanli Carbon Products Co., Ltd.
(Henan Sanli) made sales of subject
merchandise at less than normal value.
DATES: Effective Date: March 17, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See Small Diameter Graphite Electrodes From
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review: 2013–
2014, 79 FR 68856 (November 19, 2014)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
18:09 Mar 16, 2015
Jkt 235001
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington DC 20230;
telephone: (202) 482–0198.
Background
On November 19, 2014, the
Department published the Preliminary
Results of this review. The Department
gave interested parties an opportunity to
comment on the Preliminary Results.2
We received no comments from
interested parties.
We conducted this review in
accordance with sections 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The merchandise covered by the order
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. The
merchandise covered by the order also
includes graphite pin joining systems
for small diameter graphite electrodes,
of any length, whether or not finished,
of a kind used in furnaces, and whether
or not the graphite pin joining system is
attached to, sold with, or sold separately
from, the small diameter graphite
electrode. Small diameter graphite
electrodes and graphite pin joining
systems for 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 and
graphite pin joining systems for small
diameter graphite electrodes that are
subject to the order are currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 8545.11.0010,3 3801.10,4
2 Id.
at 68857.
scope described in the order refers to the
HTSUS subheading 8545.11.0000. We note 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.
4 HTSUS subheading 3801.10 was added to the
scope of the SDGE Order based on a determination
in 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) (first circumvention determination). The
products covered by the first circumvention
3 The
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
13825
and 8545.11.0020.5 The HTSUS
numbers are provided for convenience
and customs purposes, but the written
description of the scope is dispositive.
Final Results of Review
The Department made no changes to
its Preliminary Results. As a result, the
Department determines that Henan
Sanli is not entitled to a separate rate
and should remain part of the PRC-wide
entity.6 The rate previously established
for the PRC-wide entity in this
proceeding is 159.64 percent.7
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.8 Consistent with our
determination that Henan Sanli is part
of the PRC-wide entity, we will instruct
CBP to apply an ad valorem assessment
rate of 159.64 percent to all entries of
subject merchandise during the POR
which were exported by Henan Sanli.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
determination are SDGE (or graphite pin joining
system) that were 1) produced by UK Carbon and
Graphite Co., Ltd. (UKCG) from PRC-manufactured
artificial/synthetic graphite forms, of a size and
shape (e.g., blanks, rods, cylinders, billets, blocks,
etc.), 2) which required additional machining
processes (i.e., tooling and shaping) that UKCG
performed in the United Kingdom (UK), and 3)
were re-exported to the United States as UK-origin
merchandise.
5 HTSUS subheading 8545.11.0020 was added to
the scope of the SDGE Order based on a
determination in Small Diameter Graphite
Electrodes from the People’s Republic of China:
Affirmative Final Determination of Circumvention
of the Antidumping Duty Order and Rescission of
Later-Developed Merchandise Anticircumvention
Inquiry, 78 FR 56864 (September 16, 2013) (second
circumvention determination). The products
covered by the second circumvention determination
are SDGE produced and/or exported by Jilin Carbon
Import and Export Company with an actual or
nominal diameter of 17 inches.
6 Pursuant to the Department’s change in practice,
the Department no longer considers the non-market
economy entity as an exporter conditionally subject
to administrative reviews. See Preliminary Results
at note 3 and Preliminary Decision Memorandum at
4.
7 See Final Determination of Sales at Less Than
Fair Value and Affirmative Determination of
Critical Circumstances: Small Diameter Graphite
Electrodes from the People’s Republic of China, 74
FR 2049, 2053–54 (January 14, 2009).
8 See 19 CFR 351.212(b)(1).
E:\FR\FM\17MRN1.SGM
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13826
Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (2) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, including Henan
Sanli, the cash deposit rate will be that
for the PRC-wide entity; and (3) 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
exporter that supplied that non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their 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 POR. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
mstockstill on DSK4VPTVN1PROD with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: March 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–06105 Filed 3–16–15; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:09 Mar 16, 2015
Jkt 235001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Results of Administrative Review and
Notice of Amended Final Results of
Administrative Review Pursuant to
Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 27, 2015 the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (‘‘the Department’’) final
results of remand redetermination,
pursuant to the CIT’s remand order, in
DuPont Teijin Films China Limited, et
al. v. United States, Slip Op. 15–19 (CIT
February 27, 2015).1
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s PET
Film Final Results 2 and is amending the
final results with respect to DuPont
Teijin Film China Limited Co., Ltd.
(‘‘DuPont’’) and Tianjin Wanhua Co.,
Ltd. (‘‘Wanhua’’) for the period of
review from November 1, 2010, through
October 31, 2011.
DATES: Effective Date: March 9, 2015.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, Office IV, Enforcement
& Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3936.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 12, 2013, the Department
published the PET Film Final Results.
1 See
Final Results of Redetermination Pursuant
to Court Remand, Court No. 13–00229, dated
January 9, 2015, available at: https://enforcement.
trade.gov/remands/ (‘‘PET Film Final
Remand’’); see also DuPont Teijin Films China
Limited, et al. v. United States, Consol. Court No.
13–00229, Slip Op. 15–19 (CIT 2015) (‘‘Remand
Opinion and Order’’).
2 See Polyethylene Terephthalate Film, Sheet, and
Strip From the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2010–2011, 78 FR 35245 (June 12, 2013)
(‘‘PET Film Final Results’’).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Interested parties DuPont, DuPont
Hongji Films Foshan Co., Ltd., DuPont
Teijin Hongji Films Ningbo Co., Ltd.,
DuPont Teijin Films U.S. Limited
Partnership, and Wanhua, appealed the
PET Film Final Results to the CIT. On
September 11, 2014, the CIT remanded
several issues with respect to the PET
Film Final Results.3 Specifically, the
CIT held that: (1) The Department’s
approach of valuing DuPont’s recycled
Polyethylene Terephthalate (‘‘PET’’)
chips factor of production, while
denying its by-product offset for
recyclable PET waste, was unreasonable
because it resulted in double-counting,
and the Department must ‘‘reconsider
its approach, and adopt a methodology
that does not result in double-counting
costs, insofar as reasonably avoidable;’’
and (2) the Department’s brokerage and
handling calculation for DuPont
‘‘incorrectly assumes that a shipment
weighing less will incur lower
document preparation and customs
clearance costs, while a shipment
weighing more will incur higher
preparation costs,’’ and that the
brokerage and handling figure therefore
required ‘‘recalculation.’’ 4 The CIT also
held that because Wanhua’s separate
rate was based on DuPont’s rate, ‘‘any
change to DuPont’s margin following
remand shall be applied to Wanhua’s
rate as well.’’ 5
Pursuant to the CIT’s remand
instructions, the Department reexamined record evidence and made the
following changes. The Department
revised its calculation of DuPont’s
margin in two ways. First, the
Department reopened the record to
allow DuPont an opportunity to
substantiate its by-product offset, and
granted that offset. Second, the
Department adjusted DuPont’s
brokerage and handling surrogate value
calculation by dividing the surrogate
value for document preparation and
customs clearance costs by the weight of
DuPont’s shipments. In addition, the
Department revised its calculation of
Wanhua’s separate rate by adjusting it
for any changes to DuPont’s margin,
given that its margin was solely based
on DuPont’s margin.
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (‘‘Act’’), the Department must
publish a notice of a court decision that
3 See DuPont Teijin Films China Ltd. v. United
States, 7 F. Supp. 3d 1338 (CIT 2014).
4 Id. at 1347–51.
5 Id. at 1359.
E:\FR\FM\17MRN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13825-13826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06105]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 19, 2014, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review of the antidumping duty order on small
diameter graphite electrodes from the People's Republic of China (PRC),
covering the period February 1, 2013, through January 31, 2014.\1\ We
invited parties to comment on the Preliminary Results. We received no
comments from interested parties. Accordingly, for the final results,
we continue to find that during the period of review (POR) Henan Sanli
Carbon Products Co., Ltd. (Henan Sanli) made sales of subject
merchandise at less than normal value.
---------------------------------------------------------------------------
\1\ See Small Diameter Graphite Electrodes From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review: 2013-2014, 79 FR 68856 (November 19, 2014)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
DATES: Effective Date: March 17, 2015.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington DC 20230; telephone: (202) 482-0198.
Background
On November 19, 2014, the Department published the Preliminary
Results of this review. The Department gave interested parties an
opportunity to comment on the Preliminary Results.\2\ We received no
comments from interested parties.
---------------------------------------------------------------------------
\2\ Id. at 68857.
---------------------------------------------------------------------------
We conducted this review in accordance with sections 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order 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. The
merchandise covered by the order also includes graphite pin joining
systems for small diameter graphite electrodes, of any length, whether
or not finished, of a kind used in furnaces, and whether or not the
graphite pin joining system is attached to, sold with, or sold
separately from, the small diameter graphite electrode. Small diameter
graphite electrodes and graphite pin joining systems for 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 and graphite pin joining systems for small diameter
graphite electrodes that are subject to the order are currently
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 8545.11.0010,\3\ 3801.10,\4\ and 8545.11.0020.\5\
The HTSUS numbers are provided for convenience and customs purposes,
but the written description of the scope is dispositive.
---------------------------------------------------------------------------
\3\ The scope described in the order refers to the HTSUS
subheading 8545.11.0000. We note 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.
\4\ HTSUS subheading 3801.10 was added to the scope of the SDGE
Order based on a determination in 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) (first circumvention determination). The products covered
by the first circumvention determination are SDGE (or graphite pin
joining system) that were 1) produced by UK Carbon and Graphite Co.,
Ltd. (UKCG) from PRC-manufactured artificial/synthetic graphite
forms, of a size and shape (e.g., blanks, rods, cylinders, billets,
blocks, etc.), 2) which required additional machining processes
(i.e., tooling and shaping) that UKCG performed in the United
Kingdom (UK), and 3) were re-exported to the United States as UK-
origin merchandise.
\5\ HTSUS subheading 8545.11.0020 was added to the scope of the
SDGE Order based on a determination in Small Diameter Graphite
Electrodes from the People's Republic of China: Affirmative Final
Determination of Circumvention of the Antidumping Duty Order and
Rescission of Later-Developed Merchandise Anticircumvention Inquiry,
78 FR 56864 (September 16, 2013) (second circumvention
determination). The products covered by the second circumvention
determination are SDGE produced and/or exported by Jilin Carbon
Import and Export Company with an actual or nominal diameter of 17
inches.
---------------------------------------------------------------------------
Final Results of Review
The Department made no changes to its Preliminary Results. As a
result, the Department determines that Henan Sanli is not entitled to a
separate rate and should remain part of the PRC-wide entity.\6\ The
rate previously established for the PRC-wide entity in this proceeding
is 159.64 percent.\7\
---------------------------------------------------------------------------
\6\ Pursuant to the Department's change in practice, the
Department no longer considers the non-market economy entity as an
exporter conditionally subject to administrative reviews. See
Preliminary Results at note 3 and Preliminary Decision Memorandum at
4.
\7\ See Final Determination of Sales at Less Than Fair Value and
Affirmative Determination of Critical Circumstances: Small Diameter
Graphite Electrodes from the People's Republic of China, 74 FR 2049,
2053-54 (January 14, 2009).
---------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.\8\ Consistent with our determination
that Henan Sanli is part of the PRC-wide entity, we will instruct CBP
to apply an ad valorem assessment rate of 159.64 percent to all entries
of subject merchandise during the POR which were exported by Henan
Sanli.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse,
[[Page 13826]]
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific rate; (2) for
all PRC exporters of subject merchandise that have not been found to be
entitled to a separate rate, including Henan Sanli, the cash deposit
rate will be that for the PRC-wide entity; and (3) 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
exporter that supplied that non-PRC exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder to importers of their
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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-06105 Filed 3-16-15; 8:45 am]
BILLING CODE 3510-DS-P
