Small Diameter Graphite Electrodes From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2018-2019, 35370-35371 [2019-15617]
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Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices
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(including individual magnets) that are
laminated or bonded with paper,
plastic, or other material if such paper,
plastic, or other material bears printed
text and/or images, including but not
limited to business cards, calendars,
poetry, sports event schedules, business
promotions, decorative motifs, and the
like. This exclusion does not apply to
such printed flexible magnets if the
printing concerned consists of only the
following: A trade mark or trade name;
country of origin; border, stripes, or
lines; any printing that is removed in
the course of cutting and/or printing
magnets for retail sale or other
disposition from the flexible magnet;
manufacturing or use instructions (e.g.,
‘‘print this side up,’’ ‘‘this side up,’’
‘‘laminate here’’); printing on adhesive
backing (that is, material to be removed
in order to expose adhesive for use such
as application of laminate) or on any
other covering that is removed from the
flexible magnet prior or subsequent to
final printing and before use; nonpermanent printing (that is, printing in
a medium that facilitates easy removal,
permitting the flexible magnet to be reprinted); printing on the back (magnetic)
side; or any combination of the above.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are within
the scope of the orders. The products
subject to the orders are currently
classifiable principally under
subheadings 8505.19.10 and 8505.19.20
of the Harmonized Tariff Schedule of
the United States (HTSUS). The HTSUS
subheadings are provided only for
convenience and customs purposes; the
written description of the scope of the
orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of these Orders on raw
flexible magnets from China and
Taiwan. U.S. Customs and Border
Protection will continue to collect AD
and CVD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year (sunset)
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16:43 Jul 22, 2019
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reviews of these Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: July 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–15618 Filed 7–22–19; 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:
Notice of Partial Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2019, The
Department of Commerce (Commerce)
published a notice of initiation of an
administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (China).
Based on the timely withdrawal of the
requests for review of certain
companies, we are now rescinding this
administrative review for the period
February 1, 2018, through January 31,
2019, with respect to 198 companies.
DATES: Applicable July 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5973.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On February 26, 2009, Commerce
published in the Federal Register the
antidumping duty order on small
diameter graphite electrodes from
China.1 On February 8, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on small
diameter graphite electrodes from China
for the period of review February 1,
2018, through January 31, 2019.2
On February 28, 2019, Tokai Carbon
GE LLC (the petitioner) 3 requested an
administrative review of the order for
199 producers and/or exporters of the
subject merchandise.4 On May 2, 2019,
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 order on
small diameter graphite electrodes from
China with respect to 199 companies.5
On July 11, 2019, the petitioner
withdrew its request for an
administrative review of 198 out of the
199 companies listed in its review
request.6 See the Initiation Notice for
the full list of companies for which
Commerce initiated a review.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review. In
this case, the petitioner timely withdrew
its review request, in part, by the 90-day
deadline, and no other party requested
an administrative review of the
antidumping duty order for the
companies for which the petitioner
withdrew its review request. Therefore,
we are rescinding the administrative
review of the antidumping duty order
1 See Antidumping Duty Order: Small Diameter
Graphite Electrodes from the People’s Republic of
China, 74 FR 8775 (February 26, 2009).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 2816
(February 8, 2019).
3 Formerly, SGL Carbon LLC and Superior
Graphite Co.
4 See the petitioner’s submission, ‘‘Small
Diameter Graphite Electrodes from the People’s
Republic of China—Request for Initiation of
Antidumping Administrative Review,’’ dated
February 28, 2019.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Initiation Notice).
6 See the petitioner’s submission, ‘‘Small
Diameter Graphite Electrodes from the People’s
Republic of China—Petitioner’s Withdrawal of
Certain Requests for Review,’’ dated July 11, 2019.
The petitioner withdrew its review request with
respect to all companies except for Fushun Jinly
Petrochemical Carbon Co., Ltd.
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Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices
on small diameter graphite electrodes
from China for the period February 1,
2018, through January 31, 2019, with
respect to the 198 companies for which
all review requests were withdrawn.
The review will continue with respect
to the remaining company, Fushun Jinly
Petrochemical Carbon Co., Ltd. (aka
Fushun Jinli Petrochemical Carbon Co.,
Ltd.).
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. For the companies for which
this review is rescinded, 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). Commerce intends
to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
jspears on DSK30JT082PROD with NOTICES
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We intend to issue and publish this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(d)(4).
Dated: July 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–15617 Filed 7–22–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876]
Welded Line Pipe From the Republic of
Korea: Amended Final Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty order on welded
line pipe (WLP) from the Republic of
Korea (Korea) to correct two ministerial
errors. Correction of these errors results
in revised margins for SeAH Steel
Corporation (SeAH) and the companies
not selected for individual examination.
The amended final dumping margins
are listed below in the section entitled,
‘‘Amended Final Results of the
Review.’’
AGENCY:
DATES:
Applicable July 23, 2019.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Joshua Tucker, 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) 482–4136 or (202) 482–2044,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2019, Commerce
published the Final Results of the 2016–
2017 administrative review of WLP from
Korea in the Federal Register.1
Subsequently, on June 17, 2019, SeAH
and NEXTEEL Co., Ltd. (NEXTEEL), the
two companies selected for individual
examination in this administrative
review, submitted comments alleging
ministerial errors in Commerce’s Final
Results.2
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
1 See Welded Line Pipe from the Republic of
Korea: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2016–2017, 84 FR 27762 (June 14,
2019) (Final Results), and accompanying Issues and
Decision Memorandum.
2 See SeAH’s Letter, ‘‘Administrative Review of
the Antidumping Order on Welded Line Pipe from
Korea—Comments on Ministerial Errors in Final
Determination,’’ dated June 17, 2019. See also
NEXTEEL’s Letter, ‘‘Welded Line Pipe from the
Republic of Korea: Ministerial Error Comments,’’
dated June 17, 2019.
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35371
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review. . . .’’
Ministerial Errors
Commerce made two inadvertent
errors within the meaning of section
735(e) of the Act and 19 CFR 351.224(f)
with respect to the application of the
particular market situation (PMS)
adjustment rate to SeAH’s hot-rolled
coil (HRC) costs, and the application of
general and administrative (G&A) and
financial expenses to SeAH’s further
manufactured sales. Specifically, we
determine that we erred: (1) In applying
the PMS adjustment rate without
adjusting it to account for the
percentage of HRC consumed relative to
the total raw materials; and (2) in
double counting the G&A and financial
expenses for further manufactured sales.
Accordingly, we determine, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), that we
made unintentional ministerial errors in
the Final Results. Pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to reflect the correction of
these errors. In addition, we determine
that NEXTEEL’s alleged ministerial
errors reflect our intended methodology
and, thus, are not ministerial errors.
Moreover, because the review-specific
average rate applicable to companies in
this administrative review not selected
for individual examination was based,
in part, on SeAH’s weighted-average
dumping margin, we are revising the
review-specific average rate. For a
detailed discussion of the ministerial
error allegations, as well as Commerce’s
analysis, see Ministerial Error
Memorandum.4
Amended Final Results of the Review
As a result of correcting the
ministerial errors described above, we
determine that the weighted-average
dumping margins for the firms listed
below exist for the period December 1,
2016 through November 30, 2017:
3 See
19 CFR 351.224(f).
Memorandum, ‘‘Welded Line Pipe from
Korea: 2016–2017 Antidumping Duty
Administrative Review—Ministerial Error
Allegations,’’ dated concurrently with, and hereby
adopted by, this notice (Ministerial Error
Memorandum).
4 See
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]]>Agencies
[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Notices]
[Pages 35370-35371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15617]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Notice of Partial Rescission of Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2019, The Department of Commerce (Commerce)
published a notice of initiation of an administrative review of the
antidumping duty order on small diameter graphite electrodes from the
People's Republic of China (China). Based on the timely withdrawal of
the requests for review of certain companies, we are now rescinding
this administrative review for the period February 1, 2018, through
January 31, 2019, with respect to 198 companies.
DATES: Applicable July 23, 2019.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2009, Commerce published in the Federal Register
the antidumping duty order on small diameter graphite electrodes from
China.\1\ On February 8, 2019, Commerce published a notice of
opportunity to request an administrative review of the antidumping duty
order on small diameter graphite electrodes from China for the period
of review February 1, 2018, through January 31, 2019.\2\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
26, 2009).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 2816 (February 8, 2019).
---------------------------------------------------------------------------
On February 28, 2019, Tokai Carbon GE LLC (the petitioner) \3\
requested an administrative review of the order for 199 producers and/
or exporters of the subject merchandise.\4\ On May 2, 2019, 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 order on small diameter graphite electrodes from China
with respect to 199 companies.\5\ On July 11, 2019, the petitioner
withdrew its request for an administrative review of 198 out of the 199
companies listed in its review request.\6\ See the Initiation Notice
for the full list of companies for which Commerce initiated a review.
---------------------------------------------------------------------------
\3\ Formerly, SGL Carbon LLC and Superior Graphite Co.
\4\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China--Request for
Initiation of Antidumping Administrative Review,'' dated February
28, 2019.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation
Notice).
\6\ See the petitioner's submission, ``Small Diameter Graphite
Electrodes from the People's Republic of China--Petitioner's
Withdrawal of Certain Requests for Review,'' dated July 11, 2019.
The petitioner withdrew its review request with respect to all
companies except for Fushun Jinly Petrochemical Carbon Co., Ltd.
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. In this case, the
petitioner timely withdrew its review request, in part, by the 90-day
deadline, and no other party requested an administrative review of the
antidumping duty order for the companies for which the petitioner
withdrew its review request. Therefore, we are rescinding the
administrative review of the antidumping duty order
[[Page 35371]]
on small diameter graphite electrodes from China for the period
February 1, 2018, through January 31, 2019, with respect to the 198
companies for which all review requests were withdrawn. The review will
continue with respect to the remaining company, Fushun Jinly
Petrochemical Carbon Co., Ltd. (aka Fushun Jinli Petrochemical Carbon
Co., Ltd.).
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries. For the companies
for which this review is rescinded, 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). Commerce
intends to issue appropriate assessment instructions directly to CBP 15
days after publication of this notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We intend to issue and publish this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: July 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-15617 Filed 7-22-19; 8:45 am]
BILLING CODE 3510-DS-P
