Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 62474-62476 [2016-21782]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230.22
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of any issues raised in case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’).
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.23 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. We intend to
instruct CBP to liquidate entries
containing subject merchandise
exported by the PRC-wide entity at the
current rate for the PRC-wide entity (i.e.,
236 percent).
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales data submitted
by companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries for the PRC-wide
entity. Additionally, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s cash deposit rate) will
be liquidated at the rate for the PRCwide entity.24 The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
cash deposits of estimated duties, where
applicable.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For any
companies listed that have a separate
22 See
19 CFR 351.310(d).
23 See 19 CFR 351.212(b).
24 For a full discussion of this practice, see NME
Assessment Policy.
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17:11 Sep 08, 2016
Jkt 238001
rate, the cash deposit rate will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed 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; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary 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 the POR.
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.
These preliminary results are being
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: September 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Status
b. Companies That Did Not Establish Their
Eligibility for a Separate Rate
c. Preliminary Determination of No
Shipments
d. Preliminary Partial Rescission of Review
5. Recommendation
[FR Doc. 2016–21767 Filed 9–8–16; 8:45 am]
BILLING CODE 3510–DS–P
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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 Results of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on small
diameter graphite electrodes (SDGEs)
from the People’s Republic of China (the
PRC). The period of review (POR) is
February 1, 2014, through January 31,
2015. For the final results, we find that
certain companies sold subject
merchandise at less than normal value.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Michael A.
Romani, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington
DC 20230; telephone: (202) 482–0665 or
(202) 482–0198, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 9, 2016, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on SDGEs from
the PRC.1 We received case and rebuttal
briefs with respect to the Preliminary
Results. On June 7, 2016, the
Department extended the deadline for
the final results by 60 days to September
6, 2016.2 The Department conducted
this administrative review in
accordance with section 751 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 with a nominal or actual
1 See Small Diameter Graphite Electrodes from
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and
Rescission of Review In Part; 2014–2015, 81 FR
12468 (March 9, 2016) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum from Dmitry Vladimirov,
International Trade Compliance Analyst, Office I,
Antidumping and Countervailing Duty Operations
to Deputy Assistant Secretary Christian Marsh
entitled, ‘‘Small Diameter Graphite Electrodes from
the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated June 7, 2016.
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
diameter of 400 millimeters (16 inches)
or less and graphite pin joining systems
for small diameter graphite electrodes.
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, 3801.10, and
8545.11.0020. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive. A full description
of the scope of the order is contained in
the Issues and Decision Memorandum.3
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues raised is attached to
this notice as Appendix I. 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 https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html.
Changes Since the Preliminary Results
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Based on our analysis of comments
received, we made revisions, including
the valuation of certain factors of
production, which changed the results
for one individually examined
company, the Fangda Group,4 but did
3 See Memorandum from Deputy Assistant
Secretary Christian Marsh to Assistant Secretary
Paul Piquado entitled, ‘‘Issues and Decision
Memorandum for the Administrative Review of the
Antidumping Duty Order on Small Diameter
Graphite Electrodes from the People’s Republic of
China; 2014–2015,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum), at 2–3.
4 We refer to the Fangda Group as a single entity
pursuant to 19 CFR 351.401(f)(1). See Small
Diameter Graphite Electrodes From the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Affirmative Preliminary
Determination of Critical Circumstances, in Part, 73
FR 49408, 49411–12 (August 21, 2008) (where we
collapsed the individual members of the Fangda
Group: Beijing Fangda Carbon Tech Co., Ltd.,
Chengdu Rongguang Carbon Co., Ltd., Fangda
Carbon New Material Co., Ltd., Fushun Carbon Co.,
Ltd., and Hefei Carbon Co., Ltd.), unchanged in
Final Determination of Sales at Less Than Fair
Value and Affirmative Determination of Critical
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17:11 Sep 08, 2016
Jkt 238001
not change the results for the other
individually examined company,
Fushun Jinly Petrochemical Co., Ltd.
(Fushun Jinly). For further details on the
changes we made for these final results,
see the company-specific analysis
memoranda, the Issues and Decision
Memorandum, and the final surrogate
value memorandum, dated concurrently
with this notice.
Rate for Non-Examined Separate Rate
Respondent
In these final results of the review, we
calculated a zero or de minimis
weighted-average dumping margin for
Fushun Jinly, and a weighted-average
dumping margin above de minimis for
the Fangda Group. Accordingly, we
used the weighted-average dumping
margin calculated for the Fangda Group,
which is 11.49 percent, as the rate for
Xuzhou Jianglong Carbon Products Co.,
Ltd. (Xuzhou Jianglong), a company that
was not individually examined and is
eligible for a separate rate.5
Final Results of the Review
As a result of this administrative
review, we determine that the following
weighted-average dumping margins
exist for the period February 1, 2014,
through January 31, 2015:
62475
Jinly’s weighted-average dumping
margin in these final results is de
minimis.6 For customers or importers of
the the Fangda Group for which we do
not have entered values, we will
calculate customer- (or importer-)
specific per unit duty assessment rates
based on the ratio of the total amount of
dumping calculated for the customer’s
(or importer’s) examined sales of subject
merchandise to the total sales quantity
associated with those sales, in
accordance with 19 CFR 351.212(b)(1).
For certain customers or importers of
the Fangda Group for which we
received entered-value information, we
will calculate an antidumping duty
assessment rate based on customer-/
importer-specific ad valorem rate in
accordance with 19 CFR 351.212(b)(1).
For Xuzhou Jianglong, the assessment
rate is equal to the weighted average
dumping margin calculated for the
Fangda Group, or 11.49 percent. For
entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate of 159.64 percent.7
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
Margin
(percent)
Company
Cash Deposit Requirements
The following cash deposit
Fangda Group ..........................
11.49 requirements will be effective upon
Fushun Jinly Petrochemical
publication of the final results of this
Carbon Co., Ltd ....................
0.00
administrative review for all shipments
Xuzhou Jianglong Carbon
Products Co., Ltd ..................
11.49 of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
Disclosure
publication date, as provided by section
We intend to disclose the calculations 751(a)(2)(C) of the Act: (1) No cash
performed to parties in this proceeding
deposit will be required for subject
within five days after public
merchandise exported by Fushun Jinly;
announcement of the final results, in
(2) for subject merchandise exported by
accordance with 19 CFR 351.224(b).
the Fangda Group and Xuzhou
Jianglong, the cash deposit rate will be
Assessment Rates
the rate established in these final results
Pursuant to section 751(a)(2)(A) of the of review for each exporter as listed
Act and 19 CFR 351.212(b)(1), the
above; (3) for previously investigated or
Department will determine, and U.S.
reviewed PRC and non-PRC exporters
Customs and Border Protection (CBP)
not listed above that received a separate
shall assess, antidumping duties on all
rate in a prior segment of this
appropriate entries of subject
proceeding, the cash deposit rate will
merchandise in accordance with the
continue to be the exporter-specific rate;
final results of this review. For entries
(4) for all PRC exporters of subject
of subject merchandise during the
merchandise that have not been found
period of review produced by Fushun
6 See Antidumping Proceedings: Calculation of
Jinly, we will instruct CBP to liquidate
the appropriate entries without regard to the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
antidumping duties because Fushun
Circumstances: Small Diameter Graphite Electrodes
from the People’s Republic of China, 74 FR 2049
(January 14, 2009).
5 See Issues and Decision Memorandum at 3–4 for
a full discussion.
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Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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, 2054–55.
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity, which is 159.64 percent; (5)
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 deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
[FR Doc. 2016–21782 Filed 9–8–16; 8:45 am]
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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition 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: September 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Separate Rates
V. Discussion of the Issues
Comment 1: Eligibility for Separate Rate
(Fangda Group and Xuzhou Jianglong)
Comment 2: Whether Xuzhou Jianglong’s
Sale is Bona Fide
Comment 3: Consumption of Needle Coke
(Fangda Group and Fushin Jinly)
Comment 4: Whether U.S. Sales are Bona
Fide (Fangda Group and Fushin Jinly)
Comment 5: Universe of Sales (Fangda
Group)
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17:11 Sep 08, 2016
Comment 6: Reporting of Forming Scrap
(Fangda Group)
Comment 7: Claim for Silicon Carbide ByProduct Offset (Fushin Jinly)
Comment 8: Valuation of Certain ByProducts/Scrap Items (Fangda Group and
Fushin Jinly)
Comment 9: Date of Sale (Fangda Group
and Fushin Jinly)
Comment 10: Tolling Data (Fangda Group)
Comment 11: VAT Adjustment Calculation
(Fangda Group)
VI. Recommendation
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE872
North Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings of the
North Pacific Fishery Management
Council and its advisory committees.
AGENCY:
The North Pacific Fishery
Management Council (Council) and its
advisory committees will meet October
3, 2016 through October 11, 2016, in
Anchorage, AK.
DATES: The meetings will be held
October 3, 2016 through October 11,
2016. See SUPPLEMENTARY INFORMATION
for specific dates and times.
ADDRESSES: The meeting will be held at
the Anchorage Hilton Hotel, 500 W. 3rd
Ave., Anchorage, AK 99501.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252; telephone: (907) 271–2809.
FOR FURTHER INFORMATION CONTACT:
David Witherell, Council staff;
telephone: (907) 271–2809.
SUPPLEMENTARY INFORMATION: The
Council will begin its plenary session at
8 a.m. in the Aleutian Room on
Wednesday, October 5 continuing
through Tuesday, October 11, 2016. The
Scientific and Statistical Committee
(SSC) will begin at 8 a.m. in the King
Salmon/Iliamna Room on Monday,
October 3 and continue through
Thursday, October 6, 2016. The
Council’s Advisory Panel (AP) will
begin at 8 a.m. in the Dillingham/
Katmai Room on Tuesday, October 4
and continue through Saturday, October
8, 2016. The Ecosystem Committee will
meet on Tuesday, October 4, 2016, from
SUMMARY:
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8 a.m. to 5 p.m. (room to be
determined). The Halibut Management
Committee will meet on Tuesday,
October 4, 2016, from 8 a.m. to 12 p.m.
(room to be determined). The
Enforcement Committee will meet on
Tuesday, October 4, 2016, from 1 p.m.
to 4 p.m. (room to be determined).
Agenda
Monday, October 3, 2016 Through
Tuesday, October 11, 2016
Council Plenary Session: The agenda
for the Council’s plenary session will
include the following issues. The
Council may take appropriate action on
any of the issues identified.
(1) Executive Director’s Report
(including ROA, allocation policy
directive, legislative update; 40th
Anniversary celebration update)
(2) NMFS Management Report
(3) ADF&G Report
(4) U.S. CG Report
(5) U.S. FWS Report
(6) Protected Species Report
(7) BSAI Crab Harvest Specifications for
6 Stocks
(8) Groundfish Harvest Specifications;
Stock Structure Report; Chinook
Salmon 3-River Index
(9) Electronic Monitoring Integration
(10) 2017 Observer Program Annual
Deployment Plan
(11) Observer Lead Level 2
(12) Halibut/Sablefish IFQ Program
(13) Area 4 Halibut IFQ Leasing
(14) BSAI Halibut Abundance-Based
PSC
(15) Halibut DMR’s Methodology
(16) EFH Descriptions
(17) EFH Non-Fishing Effects
(18) EFH Fishing Effects Methods/
Criteria
(19) Staff Tasking
The Advisory Panel will address most
of the same agenda issues as the Council
except B reports.
The SSC agenda will include the
following issues:
(1) BSAI Crab Harvest Specifications for
6 Stocks
(2) Groundfish Harvest Specifications;
Stock Structure Report; 3-River
Index
(3) Electronic Monitoring Integration
(4) 2017 Observer Program Annual
Deployment Plan
(5) BSAI Halibut Abundance-Based PSC
(6) Halibut/Sablefish IFQ Program
(7) Area 4 Halibut IFQ Leasing
(8) Halibut DMR’s Methodology
(9) EFH Descriptions
(10) EFH Non-Fishing Effects
(11) EFH Fishing Effects Methods/
Criteria
In addition to providing ongoing
scientific advice for fishery management
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]]>Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62474-62476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21782]
-----------------------------------------------------------------------
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; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2016, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on small diameter graphite electrodes (SDGEs)
from the People's Republic of China (the PRC). The period of review
(POR) is February 1, 2014, through January 31, 2015. For the final
results, we find that certain companies sold subject merchandise at
less than normal value.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Michael A.
Romani, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-0665
or (202) 482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2016, the Department published the preliminary results
of the administrative review of the antidumping duty order on SDGEs
from the PRC.\1\ We received case and rebuttal briefs with respect to
the Preliminary Results. On June 7, 2016, the Department extended the
deadline for the final results by 60 days to September 6, 2016.\2\ The
Department conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review In Part; 2014-2015,
81 FR 12468 (March 9, 2016) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum from Dmitry Vladimirov, International Trade
Compliance Analyst, Office I, Antidumping and Countervailing Duty
Operations to Deputy Assistant Secretary Christian Marsh entitled,
``Small Diameter Graphite Electrodes from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated June 7, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes all small diameter
graphite electrodes with a nominal or actual
[[Page 62475]]
diameter of 400 millimeters (16 inches) or less and graphite pin
joining systems for small diameter graphite electrodes. 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, 3801.10, and 8545.11.0020. While the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of the order is dispositive. A
full description of the scope of the order is contained in the Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Memorandum from Deputy Assistant Secretary Christian
Marsh to Assistant Secretary Paul Piquado entitled, ``Issues and
Decision Memorandum for the Administrative Review of the Antidumping
Duty Order on Small Diameter Graphite Electrodes from the People's
Republic of China; 2014-2015,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum), at 2-3.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix I. 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 https://access.trade.gov, and
to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made revisions,
including the valuation of certain factors of production, which changed
the results for one individually examined company, the Fangda Group,\4\
but did not change the results for the other individually examined
company, Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly). For
further details on the changes we made for these final results, see the
company-specific analysis memoranda, the Issues and Decision
Memorandum, and the final surrogate value memorandum, dated
concurrently with this notice.
---------------------------------------------------------------------------
\4\ We refer to the Fangda Group as a single entity pursuant to
19 CFR 351.401(f)(1). See Small Diameter Graphite Electrodes From
the People's Republic of China: Preliminary Determination of Sales
at Less Than Fair Value, Postponement of Final Determination, and
Affirmative Preliminary Determination of Critical Circumstances, in
Part, 73 FR 49408, 49411-12 (August 21, 2008) (where we collapsed
the individual members of the Fangda Group: Beijing Fangda Carbon
Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon
New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon
Co., Ltd.), unchanged in 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 (January 14, 2009).
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondent
In these final results of the review, we calculated a zero or de
minimis weighted-average dumping margin for Fushun Jinly, and a
weighted-average dumping margin above de minimis for the Fangda Group.
Accordingly, we used the weighted-average dumping margin calculated for
the Fangda Group, which is 11.49 percent, as the rate for Xuzhou
Jianglong Carbon Products Co., Ltd. (Xuzhou Jianglong), a company that
was not individually examined and is eligible for a separate rate.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at 3-4 for a full
discussion.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
February 1, 2014, through January 31, 2015:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Fangda Group............................................... 11.49
Fushun Jinly Petrochemical Carbon Co., Ltd................. 0.00
Xuzhou Jianglong Carbon Products Co., Ltd.................. 11.49
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
results, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), the Department will determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review. For entries of subject merchandise during the
period of review produced by Fushun Jinly, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
because Fushun Jinly's weighted-average dumping margin in these final
results is de minimis.\6\ For customers or importers of the the Fangda
Group for which we do not have entered values, we will calculate
customer- (or importer-) specific per unit duty assessment rates based
on the ratio of the total amount of dumping calculated for the
customer's (or importer's) examined sales of subject merchandise to the
total sales quantity associated with those sales, in accordance with 19
CFR 351.212(b)(1). For certain customers or importers of the Fangda
Group for which we received entered-value information, we will
calculate an antidumping duty assessment rate based on customer-/
importer-specific ad valorem rate in accordance with 19 CFR
351.212(b)(1). For Xuzhou Jianglong, the assessment rate is equal to
the weighted average dumping margin calculated for the Fangda Group, or
11.49 percent. For entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate of 159.64 percent.\7\
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
\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,
2054-55.
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We intend to issue assessment instructions to CBP 15 days after the
date of 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 all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) No cash deposit will
be required for subject merchandise exported by Fushun Jinly; (2) for
subject merchandise exported by the Fangda Group and Xuzhou Jianglong,
the cash deposit rate will be the rate established in these final
results of review for each exporter as listed above; (3) 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 exporter-specific rate;
(4) for all PRC exporters of subject merchandise that have not been
found
[[Page 62476]]
to be entitled to a separate rate, the cash deposit rate will be that
for the PRC-wide entity, which is 159.64 percent; (5) 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 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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: September 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Separate Rates
V. Discussion of the Issues
Comment 1: Eligibility for Separate Rate (Fangda Group and
Xuzhou Jianglong)
Comment 2: Whether Xuzhou Jianglong's Sale is Bona Fide
Comment 3: Consumption of Needle Coke (Fangda Group and Fushin
Jinly)
Comment 4: Whether U.S. Sales are Bona Fide (Fangda Group and
Fushin Jinly)
Comment 5: Universe of Sales (Fangda Group)
Comment 6: Reporting of Forming Scrap (Fangda Group)
Comment 7: Claim for Silicon Carbide By-Product Offset (Fushin
Jinly)
Comment 8: Valuation of Certain By-Products/Scrap Items (Fangda
Group and Fushin Jinly)
Comment 9: Date of Sale (Fangda Group and Fushin Jinly)
Comment 10: Tolling Data (Fangda Group)
Comment 11: VAT Adjustment Calculation (Fangda Group)
VI. Recommendation
[FR Doc. 2016-21782 Filed 9-8-16; 8:45 am]
BILLING CODE 3510-DS-P
