Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 72777-72779 [2016-25553]
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices
Petitioner and CS Wind withdrew their
requests for an administrative review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws the request within 90
days of the publication date of the
notice of initiation of review. As noted
above, all parties withdrew their
requests for review within 90 days of
the publication date of the Initiation
Notice. No other parties requested an
administrative review of the order.
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
review in its entirety.
information in this segment of the
proceeding. Timely written notification
of the return/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 notice is published in
accordance with section 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: October 17, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–25526 Filed 10–20–16; 8:45 am]
BILLING CODE 3510–DS–P
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries of wind towers from
Vietnam. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice of
rescission of administrative review.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Notifications
This notice also serves as a final
reminder to importers for whom this
review is being rescinded of their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
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
4 See
Letter from Petitioner, ‘‘Utility Scale Wind
Towers from the Socialist Republic of Vietnam:
Withdrawal of Request for Administrative Review,’’
dated July 6, 2016; see also Letter from CS Wind,
‘‘Withdrawal of Review Request: Administrative
Review of the Antidumping Duty Order on Utility
Scale Wind Towers from the Socialist Republic of
Vietnam,’’ dated July 6, 2016.
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DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee, Notice of
Reestablishment
International Trade
Administration, Commerce.
ACTION: Notice of reestablishment of the
Environmental Technologies Trade
Advisory Committee (ETTAC).
AGENCY:
Pursuant to provisions under
Title IV of the Jobs Through Trade
Expansion Act, 22. U.S.C. 2151, and
under the Federal Advisory Committee
Act, 5 U.S.C. App. 2, the Department of
Commerce announces the
reestablishment of the Environmental
Technologies Trade Advisory
Committee (the Committee). ETTAC was
first chartered on May 31, 1994. ETTAC
serves as an advisory body to the
Environmental Trade Working Group of
the Trade Promotion Coordinating
Committee (TPCC), reporting directly to
the Secretary of Commerce in his/her
capacity as Chairman of the TPCC.
ETTAC advises on the development and
administration of policies and programs
to expand U.S. exports of environmental
technologies, goods, and services.
FOR FURTHER INFORMATION CONTACT: Ms.
Maureen Hinman, Office of Energy &
Environmental Industries (OEEI),
International Trade Administration,
Room 4053, 1401 Constitution Avenue
NW., Washington, DC 20230. (Phone:
202–482–0627; Fax: 202–482–5665;
email: maureen.hinman@trade.gov).
SUMMARY:
Dated: October 17, 2016.
Edward A. O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2016–25524 Filed 10–20–16; 8:45 am]
BILLING CODE 3510–DR–P
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72777
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on small
diameter graphite electrodes (graphite
electrodes) from the People’s Republic
of China (PRC), covering the period
February 1, 2015, through January 31,
2016. The Department has preliminarily
determined that three companies, the
Fangda Group, Fushun Jinly
Petrochemical Co., Ltd. (Fushun Jinly),
and Jilin Carbon Import and Export
Company (Jilin Carbon), had no
shipments of subject merchandise
during the period of review (POR).
DATES: Effective October 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 3, 2016, we published a
notice of opportunity to request an
administrative review of the
antidumping duty order on graphite
electrodes from the PRC for the POR
February 1, 2015, through January 31,
2016.1 On April 7, 2016, in response to
a timely request from the petitioners,2
and in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.221(c)(1)(i), we
initiated an administrative review of the
antidumping duty order on graphite
electrodes from the PRC with respect to
196 companies.3 On August 19, 2016, in
response to a timely withdrawal request
from the petitioners, we rescinded the
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 5712
(February 3, 2016).
2 SGL Carbon LLC and Superior Graphite Co
(collectively, the petitioners).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016).
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices
administrative review for 193
companies.4
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 8545.11.0010,5 3801.10,6
and 8545.11.0020.7 The HTSUS
asabaliauskas on DSK3SPTVN1PROD with NOTICES
4 See
Small Diameter Graphite Electrodes from
the People’s Republic of China: Rescission of
Antidumping Duty Administrative Review in Part;
2015–2016, 81 FR 55434 (August 19, 2016).
5 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.
6 HTSUS subheading 3801.10 was added to the
scope of the graphite electrodes 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 graphite
electrodes (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.
7 HTSUS subheading 8545.11.0020 was added to
the scope of the graphite electrodes 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
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19:06 Oct 20, 2016
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numbers are provided for convenience
and customs purposes, but the written
description of the scope is dispositive.
Preliminary Determination of No
Shipments
On April 11, 2016, we requested the
U.S. Customs and Border Protection
(CBP) data during the POR for all entries
of graphite electrodes produced or
exported by the companies for which
we initiated the administrative review
and released that information to the
parties. We received timely submissions
from the Fangda Group,8 Fushun Jinly,
and Jilin Carbon reporting that they did
not have sales, shipments, or exports of
the subject merchandise during the
POR.9 For each of these companies, we
transmitted a ‘‘No Shipments Inquiry’’
to CBP.10 Pursuant to these inquiries,
we received no notification from CBP of
any entries of subject merchandise
concerning these companies.
Accordingly, based on record evidence,
we preliminarily determine that the
Fangda Group, Fushun Jinly, and Jilin
Carbon had no shipments and,
therefore, no reviewable transactions
during the POR. Further, consistent
with our practice, we find that it is not
appropriate to rescind the review with
respect to these companies but, rather,
to complete the review and issue
appropriate instructions to CBP based
on the final results of review.11
Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.12
covered by the second circumvention determination
are graphite electrodes produced and/or exported
by Jilin Carbon Import and Export Company with
an actual or nominal diameter of 17 inches.
8 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).
9 See the Fangda Group’s Letter dated May 6,
2016, Fushun Jinly’s Letter dated May 5, 2016, and
Jilin Carbon’s Letter dated May 9, 2016.
10 See CBP messages 6197311, 6197312, and
6197313, all dated July 15, 2016.
11 See, e.g., Wooden Bedroom Furniture from the
People’s Republic of China: Final Results and Final
Rescission, In Part, of Administrative Review and
Final Results of New Shipper Review; 2013, 80 FR
34619 (June 17, 2015).
12 See 19 CFR 351.309(c)(1)(ii).
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Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.13 Parties who submit case or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument (1) a statement of the issue; (2)
a brief summary of the argument; and
(3) a table of authorities.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using 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. An electronicallyfiled request must be received
successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time, within 30
days after the date of publication of this
notice.15 Hearing requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in the
hearing will be limited to those issues
raised in the respective case briefs. If a
request for a hearing is made, parties
will be notified of the time and date of
the hearing which will be held at the
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington
DC 20230.
Unless extended, we intend to issue
the final results in this administrative
review, including the results of our
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of 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.16 We intend to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. Pursuant to the
Department’s practice in non-market
economy cases, if we continue to
determine in the final results that the
Fangda Group, Fushun Jinly, and Jilin
Carbon had no shipments of subject
13 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.212(b)(1).
14 See
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices
merchandise, any suspended entries of
subject merchandise during the POR
from these companies will be liquidated
at the PRC-wide rate.17
DEPARTMENT OF COMMERCE
Cash Deposit Requirements
Proposed Information Collection;
Comment Request; Marine
Recreational Fishing Expenditure
Survey
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 entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters
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, the cash deposit rate
will be the PRC-wide rate of 159.64
percent; 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
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notifications to Importers
asabaliauskas on DSK3SPTVN1PROD with NOTICES
This notice 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 this
review period. Failure to comply with
this requirement may result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice is 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: October 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–25553 Filed 10–20–16; 8:45 am]
BILLING CODE 3510–DS–P
17 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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19:06 Oct 20, 2016
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National Oceanic and Atmospheric
Administration
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before December 20,
2016.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Sabrina Lovell, (301) 427–
8153 or sabrina.lovell@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for revision and
extension of an existing data collection.
The objective of the survey is to
collect information on both trip
expenditures and annual durable good
expenditures made by marine
recreational anglers. The survey will be
conducted in two parts. One part will
ask anglers about the expenses incurred
on their most recent marine recreational
fishing trip. The other part of the survey
will ask anglers about their purchases of
durable goods such as fishing gear,
boats, vehicles, and second homes. As
specified in the Magnuson-Stevenson
Fishery Conservation and Management
Act of 1996 (and reauthorized in 2007),
NMFS is required to enumerate the
economic impacts of the policies it
implements on fishing participants and
coastal communities. The expenditure
data collected in this survey will be
used to estimate the economic
contributions and impacts of marine
recreational fishing to each coastal state
and nationwide. Slight revisions will be
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72779
made to the existing trip expenditure
questions to clarify certain types of
expenditures, and two questions on the
trip expenditure instrument will be
dropped.
II. Method of Collection
The survey will be conducted using a
combination of four modes: Phone, inperson interviews, mail, and electronic
(Internet and/or mobile app).
III. Data
OMB Control Number: 0648–0693.
Form Number(s): None.
Type of Review: Regular submission
(revision and extension of a currently
approved information collection).
Affected Public: Individual anglers or
households.
Estimated Number of Respondents:
100,200: 14,200 for durable goods and
86,000 for trip expenditure surveys.
Estimated Time per Response:
Durable goods survey, 15 minutes; trip
expenditures survey, 5–8 minutes.
Estimated Total Annual Burden
Hours: 3,816.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: October 17, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016–25454 Filed 10–20–16; 8:45 am]
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]]>Agencies
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72777-72779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25553]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on small diameter
graphite electrodes (graphite electrodes) from the People's Republic of
China (PRC), covering the period February 1, 2015, through January 31,
2016. The Department has preliminarily determined that three companies,
the Fangda Group, Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly),
and Jilin Carbon Import and Export Company (Jilin Carbon), had no
shipments of subject merchandise during the period of review (POR).
DATES: Effective October 21, 2016.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2016, we published a notice of opportunity to
request an administrative review of the antidumping duty order on
graphite electrodes from the PRC for the POR February 1, 2015, through
January 31, 2016.\1\ On April 7, 2016, in response to a timely request
from the petitioners,\2\ and in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i),
we initiated an administrative review of the antidumping duty order on
graphite electrodes from the PRC with respect to 196 companies.\3\ On
August 19, 2016, in response to a timely withdrawal request from the
petitioners, we rescinded the
[[Page 72778]]
administrative review for 193 companies.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 81 FR 5712 (February 3, 2016).
\2\ SGL Carbon LLC and Superior Graphite Co (collectively, the
petitioners).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 20324 (April 7, 2016).
\4\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Rescission of Antidumping Duty Administrative
Review in Part; 2015-2016, 81 FR 55434 (August 19, 2016).
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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,\5\ 3801.10,\6\ and 8545.11.0020.\7\
The HTSUS numbers are provided for convenience and customs purposes,
but the written description of the scope is dispositive.
---------------------------------------------------------------------------
\5\ 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.
\6\ HTSUS subheading 3801.10 was added to the scope of the
graphite electrodes 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
graphite electrodes (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.
\7\ HTSUS subheading 8545.11.0020 was added to the scope of the
graphite electrodes 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 graphite electrodes produced and/or exported by
Jilin Carbon Import and Export Company with an actual or nominal
diameter of 17 inches.
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Preliminary Determination of No Shipments
On April 11, 2016, we requested the U.S. Customs and Border
Protection (CBP) data during the POR for all entries of graphite
electrodes produced or exported by the companies for which we initiated
the administrative review and released that information to the parties.
We received timely submissions from the Fangda Group,\8\ Fushun Jinly,
and Jilin Carbon reporting that they did not have sales, shipments, or
exports of the subject merchandise during the POR.\9\ For each of these
companies, we transmitted a ``No Shipments Inquiry'' to CBP.\10\
Pursuant to these inquiries, we received no notification from CBP of
any entries of subject merchandise concerning these companies.
Accordingly, based on record evidence, we preliminarily determine that
the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments and,
therefore, no reviewable transactions during the POR. Further,
consistent with our practice, we find that it is not appropriate to
rescind the review with respect to these companies but, rather, to
complete the review and issue appropriate instructions to CBP based on
the final results of review.\11\
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\8\ 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).
\9\ See the Fangda Group's Letter dated May 6, 2016, Fushun
Jinly's Letter dated May 5, 2016, and Jilin Carbon's Letter dated
May 9, 2016.
\10\ See CBP messages 6197311, 6197312, and 6197313, all dated
July 15, 2016.
\11\ See, e.g., Wooden Bedroom Furniture from the People's
Republic of China: Final Results and Final Rescission, In Part, of
Administrative Review and Final Results of New Shipper Review; 2013,
80 FR 34619 (June 17, 2015).
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\12\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\13\ Parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using 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. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\15\ Hearing requests should
contain: (1) The party's name, address and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those issues raised in
the respective case briefs. If a request for a hearing is made, parties
will be notified of the time and date of the hearing which will be held
at the U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington DC 20230.
Unless extended, we intend to issue the final results in this
administrative review, including the results of our analysis of the
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.310(c).
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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.\16\ We intend to issue assessment instructions
to CBP 15 days after the publication date of the final results of this
review. Pursuant to the Department's practice in non-market economy
cases, if we continue to determine in the final results that the Fangda
Group, Fushun Jinly, and Jilin Carbon had no shipments of subject
[[Page 72779]]
merchandise, any suspended entries of subject merchandise during the
POR from these companies will be liquidated at the PRC-wide rate.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or reviewed PRC and non-PRC
exporters 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,
the cash deposit rate will be the PRC-wide rate of 159.64 percent; 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 deposit requirements, when imposed, shall remain in effect until
further notice.
Notifications to Importers
This notice 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 this review period. Failure to comply
with this requirement may result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice is 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: October 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-25553 Filed 10-20-16; 8:45 am]
BILLING CODE 3510-DS-P
