Small Diameter Graphite Electrodes From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2014, 62516-62517 [2015-25984]

Download as PDF 62516 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Notices srobinson on DSK5SPTVN1PROD with NOTICES Conditions for Participation Applicants must submit a completed and signed mission application and supplemental application materials, including information on their products and/or services, primary market objectives, and goals for participation by February 12, 2016, but applications will be reviewed on a rolling basis beginning October 15, 2015 (see timeframe below). If the U.S. Department of Commerce receives an incomplete application, the Department may either: request additional information/clarification, take the lack of information into account when evaluating the application, or reject the application. Each applicant must also certify that the products and services it seeks to export through the mission are either produced in the United States, or, if not, are marketed under the name of a U.S. company and have at least fifty-one percent U.S. content by value. In the case of a trade association or organization, the applicant must certify that, for each firm or service provider to be represented by the association/ organization, the products and/or services the represented firm or service provider seeks to export are either produced in the United States or, if not, marketed under the name of a U.S. company and have at least fifty-one percent U.S. content. In addition, each applicant must: • Certify that the products and services that it wishes to market through the mission would be in compliance with U.S. export controls and regulations; • Certify that it has identified any matter pending before any bureau or office in the U.S. Department of Commerce; • Certify that it has identified any pending litigation (including any administrative proceedings) to which it is a party that involves the U.S. Department of Commerce; • Sign and submit an agreement that it and its affiliates (1) have not and will not engage in the bribery of foreign officials in connection with a company’s/participant’s involvement in this mission, and (2) maintain and enforce a policy that prohibits the bribery of foreign officials; and • Certify that it meets the minimum requirements as stated in this announcement. In the case of a trade association/organization, the applicant must certify that each firm or service provider to be represented by the association/organization can make the above certifications. VerDate Sep<11>2014 18:54 Oct 15, 2015 Jkt 238001 Selection Criteria for Participation Targeted mission participants are U.S. manufacturers, services providers, and trade associations/organizations providing or promoting healthcare products/services that have an interest in entering or expanding their business in the Saudi and Kuwaiti markets. The following criteria will be evaluated in selecting participants: • Suitability of a firm’s or trade association’s products or services to these markets; • Firm’s or trade association/ organization’s potential for business in the markets, including likelihood of exports resulting from the mission; and • Consistency of the firm’s or trade association/organization goals and objectives with the stated scope of the mission. Additional factors, such as diversity of company size, type, location, and demographics, may also be considered during the review process. Referrals from political organizations and any documents, including the application, containing references to partisan political activities (including political contributions) will be removed from an applicant’s submission and not considered during the selection process. Timeline for Recruitment and Applications Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the U.S. Commerce Department trade mission calendar (http://www.export.gov/ trademissions/) and other Internet Web sites, press releases to general and trade media, direct mail, broadcast fax, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than February 12, 2016. The U.S. Department of Commerce will review applications and make selection decisions on a rolling basis beginning October 15, 2015 until the maximum of 15 participants is selected. Applications received after February 12, 2016, will be considered only if space and scheduling constraints permit. FOR FURTHER INFORMATION CONTACT: LeeAnne Haworth, U.S. Department of Commerce, Pittsburgh, PA, Tel: 412– 644–2816, Email: leeanne.haworth@ trade.gov. Frank Spector, Trade Missions Program. [FR Doc. 2015–26008 Filed 10–15–15; 8:45 am] BILLING CODE 3510–DR–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 28, 2015, the Department of Commerce (the Department) published its Preliminary Rescission of the new shipper review of the antidumping duty order on small diameter graphite electrodes from the People’s Republic of China (PRC) for the period of review (POR) of February 1, 2014, through August 31, 2014, for Xuzhou Jianglong Carbon Products Co., Ltd. (Jianglong).1 For these final results, we continue to find that Jianglong’s request does not satisfy the regulatory requirements for a new shipper review. Accordingly, we are rescinding the new shipper review for Jianglong. DATES: Effective date: October 16, 2015. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, 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) 482–3477 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In the Preliminary Rescission, the Department found that Jianglong is affiliated with Shanghai Carbon International Trade Co., Ltd. (Shanghai Carbon), which, as part of the PRC-wide Entity in the 2012–2013 administrative review, had shipments of subject merchandise to the United States. While conceding its affiliation with Shanghai Carbon, Jianglong did not certify its first U.S. entry or shipment and U.S. sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), respectively. Jianglong also did not request a new shipper review within one year of its first U.S. entry or shipment, as required by 19 CFR 351.214(c). We received case and rebuttal briefs with respect to the Preliminary Rescission and, at the request of 1 See Small Diameter Graphite Electrodes from the People’s Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014, 80 FR 30438 (May 28, 2015) (Preliminary Rescission). E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Notices interested parties, held a hearing on August 5, 2015. We extended the due date for the final results of the review to October 5, 2015.2 We conducted this new shipper review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. 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 subject merchandise is currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010 3 and 3801.10. The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum.4 Final Rescission of Jianglong As we explain in the Issues and Decision Memorandum, we continue to find that, because Jianglong is affiliated with an entity that had prior shipments of subject merchandise for consumption to the United States, and did not request a new shipper review within one year of those shipments, it is ineligible for a new shipper review. First, Jianglong did not certify its first U.S. entry or shipment and U.S. sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), respectively. Second, Jinaglong did not request a new shipper review within one year of reporting its first U.S. entry or shipment, thus failing to satisfy the requirement of 19 CFR 351.214(c). Because Jianglong’s new shipper review srobinson on DSK5SPTVN1PROD with NOTICES 2 See memorandum entitled, ‘‘Small Diameter Graphite Electrodes from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty New Shipper Review; 02/01/ 2014–08/31/2014’’ dated August 6, 2015. 3 The scope described in the order refers to the HTSUS subheading 8545.11.0000. We point out 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 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for Final Rescission of Antidumping Duty New Shipper Review: Small Diameter Graphite Electrodes from the People’s Republic of China’’ (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. VerDate Sep<11>2014 18:54 Oct 15, 2015 Jkt 238001 62517 request does not satisfy these regulatory requirements, we are rescinding the review.5 determined in the final results of the administrative review. Analysis of Comments Received This notice also serves as a 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 review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This new shipper review and notice are in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3). All issues raised in the case and rebuttal briefs by parties to this new shipper review are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and in the Central Records Unit, B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Enforcement and Compliance Web site at http:// enforcement.trade.gov/frn/index.html. Cash Deposit Requirements Effective upon publication of the final rescission of the new shipper review of Jianglong, we will instruct U.S. Customs and Border Protection (CBP) to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Jianglong, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Cash deposits will be required for exports of subject merchandise by Jianglong entered, or withdrawn from warehouse, for consumption on or after the publication date at the ad valorem PRC-wide rate, 159.64 percent. Entries of subject merchandise made by Jianglong covered by this new shipper review are within the POR covered by the administrative review initiated on April 3, 2015 (February 1, 2014 through January 31, 2015).6 Because Jianglong’s entries are also covered by that administrative review and the POR of the new shipper review is within the POR of the administrative review, we will issue liquidation instructions and assess duties for Jianglong’s entries upon completion of the ongoing administrative review. Accordingly, we will instruct CBP to assess antidumping duties on entries for Jianglong at the appropriate rate 5 See Issues and Decision Memorandum. Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202 (April 3, 2015). 6 See Frm 00005 Fmt 4703 Dated: October 5, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Issues Addressed in the Final Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Rescission of the New Shipper Review Comment 2: The Bona Fides of the U.S. Sale Comment 3: Surrogate Value for Coal Gas Recommendation [FR Doc. 2015–25984 Filed 10–15–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Assessment Rates PO 00000 Notification to Importers Sfmt 4703 RIN 0648–XE250 Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) and Highly Migratory Species Management Team (HMSMT) will hold a Webinar, which is open to the public. DATES: The Webinar will be held on Tuesday, November 3, 2015, from 1:30 p.m. to 4:30 p.m. Pacific Time, or when business for the day is complete. SUMMARY: E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62516-62517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Final Rescission of Antidumping Duty New Shipper Review; 2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 28, 2015, the Department of Commerce (the Department) 
published its Preliminary Rescission of the new shipper review of the 
antidumping duty order on small diameter graphite electrodes from the 
People's Republic of China (PRC) for the period of review (POR) of 
February 1, 2014, through August 31, 2014, for Xuzhou Jianglong Carbon 
Products Co., Ltd. (Jianglong).\1\ For these final results, we continue 
to find that Jianglong's request does not satisfy the regulatory 
requirements for a new shipper review. Accordingly, we are rescinding 
the new shipper review for Jianglong.
---------------------------------------------------------------------------

    \1\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Preliminary Rescission of Antidumping Duty New 
Shipper Review; 2014, 80 FR 30438 (May 28, 2015) (Preliminary 
Rescission).

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DATES: Effective date: October 16, 2015.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, 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-
3477 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In the Preliminary Rescission, the Department found that Jianglong 
is affiliated with Shanghai Carbon International Trade Co., Ltd. 
(Shanghai Carbon), which, as part of the PRC-wide Entity in the 2012-
2013 administrative review, had shipments of subject merchandise to the 
United States. While conceding its affiliation with Shanghai Carbon, 
Jianglong did not certify its first U.S. entry or shipment and U.S. 
sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), 
respectively. Jianglong also did not request a new shipper review 
within one year of its first U.S. entry or shipment, as required by 19 
CFR 351.214(c).
    We received case and rebuttal briefs with respect to the 
Preliminary Rescission and, at the request of

[[Page 62517]]

interested parties, held a hearing on August 5, 2015. We extended the 
due date for the final results of the review to October 5, 2015.\2\ We 
conducted this new shipper review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214.
---------------------------------------------------------------------------

    \2\ See memorandum entitled, ``Small Diameter Graphite 
Electrodes from the People's Republic of China: Extension of 
Deadline for Final Results of Antidumping Duty New Shipper Review; 
02/01/2014-08/31/2014'' dated August 6, 2015.
---------------------------------------------------------------------------

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 
subject merchandise is currently classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010 
\3\ and 3801.10. The HTSUS numbers are provided for convenience and 
customs purposes, but the written description of the scope is 
dispositive. A full description of the scope of the order is contained 
in the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \3\ The scope described in the order refers to the HTSUS 
subheading 8545.11.0000. We point out 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\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for Final Rescission of Antidumping 
Duty New Shipper Review: Small Diameter Graphite Electrodes from the 
People's Republic of China'' (Issues and Decision Memorandum), dated 
concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------

Final Rescission of Jianglong

    As we explain in the Issues and Decision Memorandum, we continue to 
find that, because Jianglong is affiliated with an entity that had 
prior shipments of subject merchandise for consumption to the United 
States, and did not request a new shipper review within one year of 
those shipments, it is ineligible for a new shipper review. First, 
Jianglong did not certify its first U.S. entry or shipment and U.S. 
sale, as required under 19 CFR 351.214(b)(2)(iv)(A) and (C), 
respectively. Second, Jinaglong did not request a new shipper review 
within one year of reporting its first U.S. entry or shipment, thus 
failing to satisfy the requirement of 19 CFR 351.214(c). Because 
Jianglong's new shipper review request does not satisfy these 
regulatory requirements, we are rescinding the review.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and in the Central Records Unit, B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the 
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Jianglong, we will instruct U.S. Customs and Border 
Protection (CBP) to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
by Jianglong, in accordance with section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e). Cash deposits will be required for exports of 
subject merchandise by Jianglong entered, or withdrawn from warehouse, 
for consumption on or after the publication date at the ad valorem PRC-
wide rate, 159.64 percent.

Assessment Rates

    Entries of subject merchandise made by Jianglong covered by this 
new shipper review are within the POR covered by the administrative 
review initiated on April 3, 2015 (February 1, 2014 through January 31, 
2015).\6\ Because Jianglong's entries are also covered by that 
administrative review and the POR of the new shipper review is within 
the POR of the administrative review, we will issue liquidation 
instructions and assess duties for Jianglong's entries upon completion 
of the ongoing administrative review. Accordingly, we will instruct CBP 
to assess antidumping duties on entries for Jianglong at the 
appropriate rate determined in the final results of the administrative 
review.
---------------------------------------------------------------------------

    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2015).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3).

     Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Issues Addressed in the Final Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Rescission of the New Shipper Review
    Comment 2: The Bona Fides of the U.S. Sale
    Comment 3: Surrogate Value for Coal Gas
Recommendation

[FR Doc. 2015-25984 Filed 10-15-15; 8:45 am]
BILLING CODE 3510-DS-P