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]

Download as PDF 35370 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices jspears on DSK30JT082PROD with NOTICES (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) VerDate Sep<11>2014 16:43 Jul 22, 2019 Jkt 247001 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: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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. E:\FR\FM\23JYN1.SGM 23JYN1 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 VerDate Sep<11>2014 16:43 Jul 22, 2019 Jkt 247001 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. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23JYN1.SGM 23JYN1

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]


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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