Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 32833-32835 [2018-15114]
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Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices
proposed collection of information; (c)
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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.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–15070 Filed 7–13–18; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Public Hearing on Section 232 National
Security Investigation of Imports of
Automobiles, Including Cars, SUVs,
Vans and Light Trucks, and
Automotive Parts; Change of Date for
the Public Hearing
U.S. Department of Commerce.
Change of date for public
hearing.
AGENCY:
ACTION:
The Department of Commerce
is cancelling one of the days of the twoday public hearing associated with the
notice of request for public comments
and public hearing that appeared in the
Federal Register on May 30, 2018. In
the notice, the Department encouraged
interested public participants to
participate in a hearing for the
investigation assist the Department in
determining whether imports of
automobiles, including cars, SUVs, vans
and light trucks, and automotive parts
threaten to impair the national security
and in recommending remedies if such
a threat is found to exist. The hearing
was originally scheduled for July 19 and
20. Only 45 requests to testify were
received. Because these requests can all
be accommodated on a single day, the
second day of the hearing originally
scheduled for July 20 is cancelled. The
hearing will be held on July 19 only.
The hearing will begin at 8:30 a.m. and
will end at 5:30 p.m. The location of the
hearing remains unchanged.
DATES: The public hearing will be held
on July 19, 2018, beginning at 8:30 a.m.
local time and concluding at 5:30 p.m.
local time.
ADDRESSES: The public hearing will be
held at 1401 Constitution Avenue NW,
Washington DC, 20230.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sahra Park-Su, U.S. Department of
Commerce (202) 482–2811. For more
information about the section 232
program, including the regulations and
the text of previous investigations, see
www.bis.doc.gov/232.
SUPPLEMENTARY INFORMATION: In the
Federal Register of May 30, 2018, the
Secretary of Commerce (‘‘Secretary’’)
invited interested parties to submit
written comments, data, analyses, or
other information pertinent to the
Department of Commerce’s investigation
under section 232 of the Trade
Expansion Act of 1962, as amended (19
U.S.C. 1862), to determine the effects on
the national security of imports of
automobiles, including cars, SUVs, vans
and light trucks, and automotive parts
(83 FR 24735). In the notice, the
Secretary also announced that the
Department will be holding a public
hearing on the investigation on July 19
and 20, 2018. Only 45 requests to testify
were received. Because these requests
can all be accommodated on a single
day, the second day of the hearing
originally scheduled for July 20, 2018 is
cancelled.
The hearing will be held on July 19
only and will take place from 8:30 a.m.5:30 p.m. The location of the hearing
remains unchanged at the Department of
Commerce, 1401 Constitution Avenue
NW, Washington DC, 20230.
Procedures for Attending the Hearing
The hearing is open to the general
public and seating is on a first-comefirst served basis. We anticipate a high
volume of interest and encourage all
members of public wishing to attend, to
arrive early and be prepared to go
through a security screening. You must
present a valid form of identification
such as a driver’s license, passport, or
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The main entrance of the Department
of Commerce is on 14th Street NW.
between Pennsylvania Avenue and
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Non-U.S. Citizens Please Note: All
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Failure to provide the requested
information prior to arrival will result,
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32833
at a minimum, in significant delays in
entering the facility.
Dated: July 11, 2018.
Earl Comstock,
Director, Office of Policy and Strategic
Planning, U.S. Department of Commerce.
[FR Doc. 2018–15193 Filed 7–12–18; 11:15 am]
BILLING CODE 3510–17–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–71–2018]
Approval of Subzone Status; VF
Outdoor, LLC; Ontario, Santa Fe
Springs and Corona, California
On May 9, 2018, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Port of Long Beach,
grantee of FTZ 50, requesting subzone
status subject to the existing activation
limit of FTZ 50, on behalf of VF
Outdoor, LLC, in Ontario, Santa Fe
Springs and Corona, California.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (83 FR 22441, May 15, 2018).
The FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR Sec.
400.36(f)), the application to establish
Subzone 50R was approved on July 10,
2018, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 50’s
2,000-acre activation limit.
Dated: July 10, 2018.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2018–15113 Filed 7–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Fushun
Jinly Petrochemical Carbon Co., Ltd.
(Fushun Jinly) did not make sales of
AGENCY:
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Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices
small diameter graphite electrodes from
the People’s Republic of China (China)
at less than normal value during the
period of review (POR) February 1,
2016, through January 31, 2017.
DATES: Applicable July 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or John Anwesen, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5973, or
(202) 482–0131, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results 1 on March 12, 2018. For a
discussion of events subsequent to the
Preliminary Results, see Commerce’s
Issues and Decision Memorandum.2
Commerce has exercised its discretion
to toll all deadlines affected by the
closure of the Federal Government from
January 20 through 22, 2018. The
revised deadline for the final
determination of this review is now July
10, 2018.3
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Order
The merchandise covered by the order
includes all small diameter graphite
electrodes with a nominal or actual
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
1 See Small Diameter Graphite Electrodes from
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016–
2017, 83 FR 10658 (March 12, 2018) (Preliminary
Results), and accompanying Decision
Memorandum.
2 See Memorandum, ‘‘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; 2016–2017,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
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17:31 Jul 13, 2018
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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.
Analysis of Comments Received
In the Issues and Decision
Memorandum, we address all issues
raised in interested parties’ case and
rebuttal briefs. In the Appendix to this
notice, we provide a list of the issues
raised by parties. The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit (CRU), Room B8024 of the
main Department of Commerce
building, as well as 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 it is available to all
parties in the CRU. In addition, parties
can directly access a complete version
of the Issues and Decision
Memorandum on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we did not make any revisions
to the margin calculations for Fushun
Jinly.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Fangda
Group 4 and Xuzhou Jianglong Carbon
Products Co., Ltd. (Xuzhou Jianglong)
had no shipments of the subject
merchandise during the POR.5 We
received no information to contradict
this determination. Therefore, we
continue to determine that Fangda
Group and Xuzhou Jianglong had no
shipments of subject merchandise
during the POR, and will issue
appropriate liquidation instructions that
are consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.6
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for Fushun Jinly for the
POR from February 1, 2016, through
January 31, 2017:
Exporter
Fushun Jinly Petrochemical
Carbon Co., Ltd 7 ..............
Fangda Group consists of 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.
In a prior administrative review Commerce
determined, pursuant to sections 771(33)(F) and (G)
of the Tariff Act of 1930, as amended (the Act), that
these companies were affiliated. Additionally,
Commerce determined, pursuant to 19 CFR
351.401(f) that it was appropriate to treat these
companies as a single entity. 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), 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). Because there is no evidence on
the record of this review that would require us to
reevaluate this determination, we are continuing to
treat these companies as part of the Fangda Group.
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Because no party requested a review
of the China-wide entity, and Commerce
no longer considers the China-wide
entity as an exporter conditionally
subject to administrative reviews,8 we
did not conduct a review of the Chinawide entity. Thus, the weighted-average
dumping margin for the China-wide
entity (i.e., 159.64 percent) 9 is not
subject to change as a result of this
review.
Assessment Rates
Commerce determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). We intend to issue
5 See
4 The
Weightedaverage
dumping
margin
(percent)
Preliminary Results at 10658–59.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 4, 2011) (Assessment Practice
Refinement).
7 Also known as Fushun Jinli Petrochemical
Carbon Co., Ltd. See Petitioner’s February 28, 2017
Request for Initiation of Antidumping
Administrative Review at Attachment 1, p.11; see
also Small Diameter Graphite Electrodes from the
People’s Republic of China: Preliminary Results of
the First Administrative Review of the Antidumping
Duty Order; Partial Rescission of Administrative
Review; and Intent to Rescind Administrative
Review, in Part, 76 FR 12324 (March 7, 2011) at n.7.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
9 See, 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,
82 FR 10876, 10877 (February 16, 2017).
6 See
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Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
assessment instructions to CBP 15 days
after the publication date of these final
results of review. For entries of subject
merchandise during the POR produced
by Fushun Jinly, we will instruct the
CBP to liquidate the appropriate entries
without regard to antidumping duties
because Fushun Jinly’s weightedaverage dumping margin in these final
results is zero.10
Consistent with Commerce’s
assessment practice in non-market
economy cases, for sales that were not
reported in the U.S. sales data submitted
by companies individually examined
during this review, we will instruct CBP
to liquidate entries associated with
those sales at the rate for the China-wide
entity. Furthermore, where we found
that an exporter under review 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 Chinawide entity.11
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of the subject
merchandise from China 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
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have separate rates, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (3) for all Chinese exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be equal to the
weighted-average dumping margin for
the China-wide entity (i.e., 159.64
percent); and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations
performed within five days of the date
10 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
11 For
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17:31 Jul 13, 2018
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of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
This notice also 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 Commerce’s
presumption that reimbursement of
antidumping duties has 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 return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
violation which is subject to sanction.
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: July 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: U.S. Sales Process and
Whether to Apply Total Adverse Facts
Available (AFA)
Comment 2: Reliability of Factors of
Production (FOP) and Sales Databases
and Whether to Apply Total AFA
Recommendation
[FR Doc. 2018–15114 Filed 7–13–18; 8:45 am]
BILLING CODE 3510–DS–P
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32835
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Final Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that 230
companies made sales of certain frozen
warmwater shrimp (shrimp) from India
at less than normal value during the
period of review (POR) February 1,
2016, through January 31, 2017.
SUMMARY:
DATES:
Applicable July 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Manuel Rey or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5518 or (202) 482–3860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 231 producers
and/or exporters. The producers/
exporters which Commerce selected for
individual examination are Devi 1 and
the Liberty Group.2 The producers/
exporters which were not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
On March 12, 2018, Commerce
published the Preliminary Results.3 On
April 11, 2018, we received a case brief
from Devi and the Liberty Group
(collectively, the respondents). On April
16, 2018, we received a rebuttal brief
from the petitioner.4
1 Devi consists of Devi Fisheries Limited, Satya
Seafoods Private Limited, Usha Seafoods, and Devi
Aquatech Private Limited.
2 The Liberty Group consists of: Devi Marine
Food Exports Private Ltd.; Kader Exports Private
Limited; Kader Investment and Trading Company
Private Limited; Liberty Frozen Foods Pvt. Ltd.;
Liberty Oil Mills Ltd.; Premier Marine Products
Private Limited; and Universal Cold Storage Private
Limited.
3 See Certain Frozen Warmwater Shrimp from
India: Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 10665
(March 12, 2018) (Preliminary Results).
4 The petitioner is the Ad Hoc Shrimp Trade
Action Committee.
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]]>Agencies
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32833-32835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15114]
-----------------------------------------------------------------------
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; 2016-
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Fushun
Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) did not make sales
of
[[Page 32834]]
small diameter graphite electrodes from the People's Republic of China
(China) at less than normal value during the period of review (POR)
February 1, 2016, through January 31, 2017.
DATES: Applicable July 16, 2018.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5973, or (202) 482-0131,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results \1\ on March 12, 2018.
For a discussion of events subsequent to the Preliminary Results, see
Commerce's Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2016-2017, 83 FR 10658 (March 12, 2018) (Preliminary Results), and
accompanying Decision Memorandum.
\2\ See Memorandum, ``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;
2016-2017,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce has exercised its discretion to toll all deadlines
affected by the closure of the Federal Government from January 20
through 22, 2018. The revised deadline for the final determination of
this review is now July 10, 2018.\3\
---------------------------------------------------------------------------
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes all small diameter
graphite electrodes with a nominal or actual 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.
Analysis of Comments Received
In the Issues and Decision Memorandum, we address all issues raised
in interested parties' case and rebuttal briefs. In the Appendix to
this notice, we provide a list of the issues raised by parties. The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (CRU), Room B8024 of the main Department of
Commerce building, as well as 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 it is available to all parties in the CRU.
In addition, parties can directly access a complete version of the
Issues and Decision Memorandum on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we did not make
any revisions to the margin calculations for Fushun Jinly.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that Fangda
Group \4\ and Xuzhou Jianglong Carbon Products Co., Ltd. (Xuzhou
Jianglong) had no shipments of the subject merchandise during the
POR.\5\ We received no information to contradict this determination.
Therefore, we continue to determine that Fangda Group and Xuzhou
Jianglong had no shipments of subject merchandise during the POR, and
will issue appropriate liquidation instructions that are consistent
with our ``automatic assessment'' clarification, for these final
results.\6\
---------------------------------------------------------------------------
\4\ The Fangda Group consists of 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. In a
prior administrative review Commerce determined, pursuant to
sections 771(33)(F) and (G) of the Tariff Act of 1930, as amended
(the Act), that these companies were affiliated. Additionally,
Commerce determined, pursuant to 19 CFR 351.401(f) that it was
appropriate to treat these companies as a single entity. 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), 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). Because
there is no evidence on the record of this review that would require
us to reevaluate this determination, we are continuing to treat
these companies as part of the Fangda Group.
\5\ See Preliminary Results at 10658-59.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment
Practice Refinement).
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for Fushun Jinly for the POR from February 1, 2016,
through January 31, 2017:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter margin
(percent)
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., Ltd \7\......... 0.00
------------------------------------------------------------------------
Because no party requested a review of the China-wide entity, and
Commerce no longer considers the China-wide entity as an exporter
conditionally subject to administrative reviews,\8\ we did not conduct
a review of the China-wide entity. Thus, the weighted-average dumping
margin for the China-wide entity (i.e., 159.64 percent) \9\ is not
subject to change as a result of this review.
---------------------------------------------------------------------------
\7\ Also known as Fushun Jinli Petrochemical Carbon Co., Ltd.
See Petitioner's February 28, 2017 Request for Initiation of
Antidumping Administrative Review at Attachment 1, p.11; see also
Small Diameter Graphite Electrodes from the People's Republic of
China: Preliminary Results of the First Administrative Review of the
Antidumping Duty Order; Partial Rescission of Administrative Review;
and Intent to Rescind Administrative Review, in Part, 76 FR 12324
(March 7, 2011) at n.7.
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\9\ See, 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, 82 FR
10876, 10877 (February 16, 2017).
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Assessment Rates
Commerce determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). We intend to issue
[[Page 32835]]
assessment instructions to CBP 15 days after the publication date of
these final results of review. For entries of subject merchandise
during the POR produced by Fushun Jinly, we will instruct the CBP to
liquidate the appropriate entries without regard to antidumping duties
because Fushun Jinly's weighted-average dumping margin in these final
results is zero.\10\
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\10\ See 19 CFR 351.106(c)(2).
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Consistent with Commerce's assessment practice in non-market
economy cases, for sales that were not reported in the U.S. sales data
submitted by companies individually examined during this review, we
will instruct CBP to liquidate entries associated with those sales at
the rate for the China-wide entity. Furthermore, where we found that an
exporter under review 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 China-wide entity.\11\
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\11\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China 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
previously investigated or reviewed Chinese and non-Chinese exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding in which they were
reviewed; (3) for all Chinese exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be equal to the weighted-average dumping margin for the
China-wide entity (i.e., 159.64 percent); and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 Commerce's presumption that reimbursement
of antidumping duties has 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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation which is subject to sanction.
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: July 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: U.S. Sales Process and Whether to Apply Total Adverse
Facts Available (AFA)
Comment 2: Reliability of Factors of Production (FOP) and Sales
Databases and Whether to Apply Total AFA
Recommendation
[FR Doc. 2018-15114 Filed 7-13-18; 8:45 am]
BILLING CODE 3510-DS-P
