Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 10876-10877 [2017-03141]

Download as PDF 10876 Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2017–03128 Filed 2–15–17; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–69–2016] Production Activity Not Authorized, Foreign-Trade Zone (FTZ) 27—Boston, Massachusetts, Claremont Flock, a Division of Spectro Coating Corporation, (Textile Flock), Leominster, Massachusetts On October 13, 2016, Claremont Flock, a Division of Spectro Coating Corporation, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility within Subzone 27N, in Leominster, Massachusetts. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 72038, October 19, 2016). Pursuant to Section 400.37, the FTZ Board has determined that further review is warranted and has not authorized the proposed activity. If the applicant wishes to seek authorization for this activity, it will need to submit an application for production authority, pursuant to Section 400.23. Dated: February 10, 2017. Andrew McGilvray, Executive Secretary. BILLING CODE 3510–DS–P [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015– 2016 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–11–2017] asabaliauskas on DSK3SPTVN1PROD with NOTICES [FR Doc. 2017–03143 Filed 2–15–17; 8:45 am] International Trade Administration BILLING CODE 3510–DS–P Foreign-Trade Zone 30—Salt Lake City, Utah; Application for Subzone; Scott USA, Inc.; Ogden, Utah An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Salt Lake City Corporation, grantee of FTZ 30, requesting subzone status for the facility of Scott USA, Inc. (Scott USA), located in Ogden, Utah. The 19:05 Feb 15, 2017 Dated: February 10, 2017. Andrew McGilvray, Executive Secretary. DEPARTMENT OF COMMERCE [FR Doc. 2017–03145 Filed 2–15–17; 8:45 am] VerDate Sep<11>2014 application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on February 10, 2017. The proposed subzone (7.5 acres) is located at 651 Critchlow Street, #2, Ogden, Utah. No authorization for production activity has been requested at this time. In accordance with the FTZ Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to review the application and make recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is March 28, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to April 12, 2017. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Jkt 241001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 21, 2016, the Department of Commerce (the Department) published the preliminary results of the seventh administrative review of the antidumping duty order on small diameter graphite electrodes AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 (graphite electrodes) from the People’s Republic of China (PRC). The Department preliminarily determined that the three manufacturers or exporters of the subject merchandise covered by the review, the Fangda Group, Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly), and Jilin Carbon Import and Export Company (Jilin Carbon), had no shipments of the subject merchandise during the period of review (POR). No interested party commented on the preliminary results. As a result, the Department has made no changes for the final results of this review. DATES: Effective February 16, 2017. FOR FURTHER INFORMATION CONTACT: Irene Gorelik or John Anwesen, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC, 20230; telephone (202) 482–6905 or (202) 482–0131, respectively. SUPPLEMENTARY INFORMATION: Background This review covers three manufacturers or exporters of the subject merchandise: The Fangda Group,1 Fushun Jinly,2 and Jilin Carbon. On October 21, 2016, the Department published the Preliminary Results.3 We invited parties to comment on the Preliminary Results. No interested party submitted comments. The Department conducted this administrative review in 1 The Fangda Group consists of the following five companies: 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. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324, 29341 (April 7, 2016) (initiating a review of the Fangda Group for the 2015–2016 period of review); see also 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 the Department determined that the individual members of the Fangda Group should be treated as a single entity pursuant to 19 CFR 351.401(f)(1)), 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). 2 In the Preliminary Results the Department inadvertently refered to Fushun Jinly as Fushun Jinly Petrochemical Co., Ltd. instead of Fushun Jinly Petrochemical Carbon Co., Ltd. See Small Diameter Graphite Electrodes from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015– 2016, 81 FR 72777 (October 21, 2016) (Preliminary Results). 3 See id. E:\FR\FM\16FEN1.SGM 16FEN1 Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices accordance with section 751 of the Tariff Act of 1930, as amended (the Act). asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 8545.11.0010,4 3801.10,5 and 8545.11.0020.6 Although the 4 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. 5 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. 6 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. VerDate Sep<11>2014 19:05 Feb 15, 2017 Jkt 241001 HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Period of Review The period of review is February 1, 2015, through January 31, 2016. Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments during the POR.7 Consistent with the Department’s assessment practice in non-market economy cases, we stated in the Preliminary Results that the Department would not rescind the review in these circumstances but, rather, would complete the review with respect to these three respondents and issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of the review. Following publication of the Preliminary Results, we received no comments from interested parties regarding these companies, nor did we receive information from CBP indicating that there were reviewable transactions from the three respondents during the POR. Because there are no changes from, or comments on, the Preliminary Results, the Department finds that there is no reason to modify its analysis. Therefore, we continue to find that Fangda Group, Fushun Jinly, and Jilin Carbon did not have reviewable transactions during the POR. Assessment Rates The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with section 751(a)(2)(A) of the Act and 19 CFR 351.212(b). The Department intends to issue appropriate assessment instructions for the respondents subject to this review directly to CBP 15 days after the date of publication of the final results of this review. The Department has determined that the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments of subject merchandise; therefore, pursuant to the Department’s practice in non-market economy cases, any suspended entries of subject merchandise during the POR from these companies will be liquidated at the PRC-wide rate.8 7 See Preliminary Results, 81 FR at 72778. a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 8 For PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 10877 Cash Deposit Requirements The following cash deposit requirements, which are currently in effect, will remain in effect 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 this administrative 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 the non-PRC exporter. These deposit requirements shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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. Notification to Interested Parties This notice serves as the only 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 return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: February 10, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–03141 Filed 2–15–17; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10876-10877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03141]


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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 and 
Final Determination of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 21, 2016, the Department of Commerce (the 
Department) published the preliminary results of the seventh 
administrative review of the antidumping duty order on small diameter 
graphite electrodes (graphite electrodes) from the People's Republic of 
China (PRC). The Department preliminarily determined that the three 
manufacturers or exporters of the subject merchandise covered by the 
review, the Fangda Group, Fushun Jinly Petrochemical Carbon Co., Ltd. 
(Fushun Jinly), and Jilin Carbon Import and Export Company (Jilin 
Carbon), had no shipments of the subject merchandise during the period 
of review (POR). No interested party commented on the preliminary 
results. As a result, the Department has made no changes for the final 
results of this review.

DATES: Effective February 16, 2017.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or John Anwesen, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Ave. NW., Washington, DC, 20230; telephone (202) 482-6905 or (202) 482-
0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers three manufacturers or exporters of the subject 
merchandise: The Fangda Group,\1\ Fushun Jinly,\2\ and Jilin Carbon. On 
October 21, 2016, the Department published the Preliminary Results.\3\ 
We invited parties to comment on the Preliminary Results. No interested 
party submitted comments. The Department conducted this administrative 
review in

[[Page 10877]]

accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
---------------------------------------------------------------------------

    \1\ The Fangda Group consists of the following five companies: 
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. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 81 FR 20324, 29341 
(April 7, 2016) (initiating a review of the Fangda Group for the 
2015-2016 period of review); see also 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 the Department determined that the individual members 
of the Fangda Group should be treated as a single entity pursuant to 
19 CFR 351.401(f)(1)), 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).
    \2\ In the Preliminary Results the Department inadvertently 
refered to Fushun Jinly as Fushun Jinly Petrochemical Co., Ltd. 
instead of Fushun Jinly Petrochemical Carbon Co., Ltd. See Small 
Diameter Graphite Electrodes from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 81 FR 72777 (October 21, 2016) (Preliminary Results).
    \3\ See id.
---------------------------------------------------------------------------

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,\4\ 3801.10,\5\ and 8545.11.0020.\6\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise is dispositive.
---------------------------------------------------------------------------

    \4\ 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.
    \5\ 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.
    \6\ 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.
---------------------------------------------------------------------------

Period of Review

    The period of review is February 1, 2015, through January 31, 2016.

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that the Fangda Group, Fushun Jinly, and Jilin Carbon had no shipments 
during the POR.\7\ Consistent with the Department's assessment practice 
in non-market economy cases, we stated in the Preliminary Results that 
the Department would not rescind the review in these circumstances but, 
rather, would complete the review with respect to these three 
respondents and issue appropriate instructions to U.S. Customs and 
Border Protection (CBP) based on the final results of the review. 
Following publication of the Preliminary Results, we received no 
comments from interested parties regarding these companies, nor did we 
receive information from CBP indicating that there were reviewable 
transactions from the three respondents during the POR. Because there 
are no changes from, or comments on, the Preliminary Results, the 
Department finds that there is no reason to modify its analysis. 
Therefore, we continue to find that Fangda Group, Fushun Jinly, and 
Jilin Carbon did not have reviewable transactions during the POR.
---------------------------------------------------------------------------

    \7\ See Preliminary Results, 81 FR at 72778.
---------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with section 
751(a)(2)(A) of the Act and 19 CFR 351.212(b). The Department intends 
to issue appropriate assessment instructions for the respondents 
subject to this review directly to CBP 15 days after the date of 
publication of the final results of this review. The Department has 
determined that the Fangda Group, Fushun Jinly, and Jilin Carbon had no 
shipments of subject merchandise; therefore, pursuant to the 
Department's practice in non-market economy cases, any suspended 
entries of subject merchandise during the POR from these companies will 
be liquidated at the PRC-wide rate.\8\
---------------------------------------------------------------------------

    \8\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements, which are currently in 
effect, will remain in effect 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 this administrative 
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 the non-PRC exporter. These deposit requirements 
shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.

Notification to Interested Parties

    This notice serves as the only 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 return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: February 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-03141 Filed 2-15-17; 8:45 am]
 BILLING CODE 3510-DS-P

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