Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Rescission of Review, in Part; 2021-2022, 14133-14136 [2023-04570]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
product.10 Thus, Commerce was unable
to determine, at the time that it initiated
these CCRs, whether producers
accounting for substantially all of the
U.S. production of the domestic like
product lacked interest in the Orders
with respect to the off-grid small
portable CSPV panels under
consideration here. As a result,
Commerce did not issue a combined
notice of initiation and preliminary
results in these CCRs.11 Instead, as
stated above, in the Initiation Notice,
Commerce invited interested parties to
provide comments and/or factual
information regarding these CCRs,
including comments on industry
support and the proposed partial
revocation language. No party submitted
comments. Accordingly, we find that
the domestic industry has expressed no
opposition with respect to the proposed
revocation, in part, of the Orders.
In light of the Alliance’s statement of
lack of interest in maintaining the
Orders with respect to the off-grid small
portable CSPV panels described by
Hello Tech, and in the absence of any
other interested party comments
addressing the issue of domestic
industry support, we preliminarily
conclude that producers accounting for
substantially all of the production of the
domestic like product to which the
Orders pertain lack interest in the relief
provided by the Orders with respect to
the off-grid small portable CSPV panels
that are the subject of Hello Tech’s CCR
request. Thus, we preliminarily
determine that changed circumstances
warrant revocation of the Orders, in
part, with respect to such panels.
Accordingly, we are notifying the public
of our intent to revoke the Orders, in
part, with respect to the off-grid small
portable CSPV panels described in the
‘‘Scope of the CCRs’’ section above.
If we make a final determination to
revoke the Orders in part, then
Commerce will apply this determination
to each order as follows. Because we
have completed administrative reviews
of the Orders, the partial revocation will
be retroactively applied to unliquidated
entries of merchandise subject to the
CCRs that were entered or withdrawn
from warehouse, for consumption, on or
after the day following the last day of
the period covered by the most recently
completed administrative reviews of the
Orders, and which are not covered by
automatic liquidation.
We will consider comments from
interested parties on these preliminary
10 Id.;
11 See
see also Initiation Notice.
Initiation Notice.
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results before issuing the final results of
these CCRs.12
Public Comment
Interested parties are invited to
comment on these preliminary results of
CCRs in accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted no later than 14 days after
the date of publication of these
preliminary results in the Federal
Register. Rebuttal comments, limited to
issues raised in written comments, may
be filed no later than seven days after
the due date for initial comments.13 All
submissions must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).14 ACCESS is available to
registered users at https://
access.trade.gov. An electronically filed
document must be successfully received
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the deadlines set forth
in this notice. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.15
Final Results of the CCRs
Commerce will issue the final results
of these CCRs, which will include its
analysis of any written comments, no
later than 270 days after the date on
which these reviews were initiated.16 If,
in the final results of these reviews,
Commerce continues to determine that
changed circumstances warrant the
revocation of the Orders, in part, we
will instruct U.S. Customs and Border
Protection (CBP) to liquidate without
regard to ADs or CVDs, and to refund
any estimated ADs and CVDs deposited
on all unliquidated entries of the
merchandise covered by the revocation
that are not covered by the final results
of an administrative review or an
automatic liquidation instruction to
CBP. The current requirement for cash
deposits of estimated ADs and CVDs on
all entries of subject merchandise will
continue unless they are modified
12 See, e.g., Aluminum Extrusions from the
People’s Republic of China: Preliminary Results of
Changed Circumstances Reviews, and Intent to
Revoke Antidumping and Countervailing Duty
Orders in Part, 78 FR 66895 (November 7, 2013);
and 19 CFR 351.222(g)(3)(v).
13 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
14 See generally 19 CFR 351.303.
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule.
16 See 19 CFR 351.216(e).
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14133
pursuant to the final results of these
changed CCRs.
These preliminary results of these
reviews and this notice are published in
accordance with sections 751(b) and
777(i) of the Act and 19 CFR 351.216,
19 CFR 351.221(c)(3), and 19 CFR
351.222.
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–04575 Filed 3–6–23; 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:
Preliminary Results of the
Antidumping Duty Administrative
Review and Rescission of Review, in
Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Fushun Jinly
Petrochemical Carbon Co., Ltd. (Fushun
Jinly), the sole mandatory respondent in
this review and an exporter of small
diameter graphite electrodes (SDGE)
from the People’s Republic of China
(China), sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) February 1, 2021, through January
31, 2022. Further, we are rescinding the
review with respect to all other
companies for which a review was
initiated for this POR. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Samuel Glickstein, 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) 482–5307.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On April 12, 2022,
Commerce published the notice of
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
initiation of this administrative review.1
The review was initiated with respect to
204 companies.2 On June 2, 2022,
Commerce selected Fushun Jinly as the
sole mandatory respondent for this
administrative review because Fushun
Jinly was the only company under
review that submitted a separate rate
application or separate rate
certification.3 On June 7, 2022,
Commerce issued the antidumping duty
questionnaire to Fushun Jinly.
On October 5, 2022, we extended the
deadline for the preliminary results of
this administrative review from October
31, 2022, until February 14, 2023.4 On
January 11, 2023, we further extended
the deadline for the preliminary results
of this administrative review until
February 28, 2023.5 For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum.6
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Order 7
The merchandise covered by the
Order is small diameter graphite
electrodes, which are currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 8545.11.0010, 3801.10, and
8545.11.0020. Although the HTSUS
subheading and ASTM specification are
provided for convenience and for
customs purposes, the written
description of the subject merchandise
is dispositive. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
21619 (April 12, 2022) (Initiation Notice).
2 Id. at 21638 (‘‘Where interested parties
requested review of a company name combined
with an alternative name (i.e., an a.k.a. name that
is not an abbreviation) or a former company name,
Commerce treated the different versions of the
company name separately for review initiation
purposes.’’).
3 See Memorandum, ‘‘Respondent Selection,’’
dated June 2, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated October 5, 2022.
5 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated January 11,
2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Small Diameter Graphite
Electrodes from the People’s Republic of China;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 See Antidumping Duty Order: Small Diameter
Graphite Electrodes from the People’s Republic of
China, 74 FR 8775 (February 20, 2009) (Order); and
Small Diameter Graphite Electrodes from the
People’s Republic of China: Continuation of
Antidumping Duty Order, 85 FR 19134 (April 26,
2020).
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Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act and 19 CFR 351.213. We
calculated export prices in accordance
with section 772 of the Act. Because
China is a non-market economy (NME)
country within the meaning of section
771(18) of the Act, NV has been
calculated in accordance with section
773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included in
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
additional information, see the
Preliminary Decision Memorandum.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.11 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity and no
review was initiated for this POR, the
China-wide entity is not under review,
and the China-wide entity’s rate (i.e.,
159.64 percent) is not subject to
change.12 For additional information,
see the Preliminary Decision
Memorandum.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the POR:
Exporter
Weightedaverage
dumping
margin
(percent)
Partial Rescission of Review
Fushun Jinly Petrochemical
Carbon Co., Ltd ................
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review. On
June 10, 2022, Tokai Carbon GE LLC
and GrafTech International Ltd. (the
domestic industry) withdrew its request
for review of all companies included in
its request, except Fushun Jinly.8 No
other party requested a review of these
203 companies. Accordingly, Commerce
is rescinding the administrative review
with respect to all companies included
in the Initiation Notice, except Fushun
Jinly.9 See the Preliminary Decision
Memorandum for a complete list of
these companies.10
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed for these preliminary results
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
A timeline for the submission of case
briefs and written comments will be
provided to interested parties at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.13 Parties
who submit a case brief or a rebuttal
brief in this proceeding are encouraged
to submit with each argument: (1) a
statement of the issue; (2) a brief
Separate Rates
Commerce preliminarily finds that the
information placed on the record by
Fushun Jinly demonstrates that it is
eligible for a separate rate. For
8 See Domestic Industry’s Letter, ‘‘Partial
Withdrawal of Request for 2021–2022 Antidumping
Administrative Review,’’ dated June 10, 2022.
9 See 19 CFR 351.213(d)(1).
10 We note that 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. comprise a single
entity: The Fangda Group. These five companies are
listed as a single entity in the Preliminary Decision
Memorandum.
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24.95
11 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 (November 4, 2013).
12 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).
13 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect.’’)).
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues parties
intend to discuss. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs.14 If a request for a hearing is
made, Commerce will announce the
date and time of the hearing.
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s electronic records
system, ACCESS,15 and must also be
served on interested parties.16 An
electronically filed document must be
received successfully in its entirety by
ACCESS, by 5 p.m. Eastern Time (ET)
on the date that the document is due.
Note that Commerce has modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.17
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of its analysis of
issues raised in any briefs, within 120
days of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act.
ddrumheller on DSK120RN23PROD with NOTICES1
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review. Upon issuance of the final
results, Commerce will determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review.18 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the publication
of the final results of this review. If a
14 See
19 CFR 351.310(c).
15 See 19 CFR 351.303.
16 See 19 CFR 351.303(f).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See 19 CFR 351.212(b)(1).
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timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). If Fushun Jinly’s ad valorem
weighted-average dumping margin is
not zero or de minimis (i.e., less than
0.50 percent) in the final results of this
review, Commerce will calculate
importer-specific assessment rates for
that respondent, in accordance with 19
CFR 351.212(b)(1).19 Because Fushun
Jinly did not report entered value, we
will calculate importer-specific per-unit
duty assessment rates based on the ratio
of the total amount of antidumping
duties calculated for the examined sales
to the total quantity of those sales. To
determine whether an importer-specific,
per-unit assessment rate is de minimis,
in accordance with 19 CFR
351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based
on estimated entered values.
If, in the final results, Fushun Jinly’s
weighted-average dumping margin is
zero or de minimis (i.e., less than 0.5
percent), Commerce will instruct CBP to
liquidate the appropriate entries for that
respondent without regard to
antidumping duties.20 For entries that
were not reported in the U.S. sales
database submitted by Fushun Jinly
during this review, Commerce will
instruct CBP to liquidate such entries at
the antidumping duty assessment rate
for the China-wide entity (i.e., 159.64
percent).21
For the companies for which we have
rescinded this review, Commerce
intends to instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
rate of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during February 1, 2021,
through January 31, 2022, in accordance
with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment
19 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
20 See 19 CFR 351.106(c)(2).
21 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 at 65694–65695, for a full discussion of
this practice.
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14135
instructions to CBP for the rescinded
companies no earlier than 35 days after
the date of publication of the
preliminary results of this
administrative review in the Federal
Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) for
Fushun Jinly, the cash deposit rate will
be equal to the weighted-average
dumping margin established in the final
results of this review (except, if the rate
is de minimis, then the cash deposit rate
will be zero); (2) for previously
examined Chinese and non-Chinese
exporters not listed above that received
a separate rate in a prior completed
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific cash deposit
rate; (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 the rate 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
that supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(l) and 777(i)(l) of
the Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
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Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondent
VI. Partial Rescission of Review
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023–04570 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–828; A–557–809; A–565–801]
Stainless Steel Butt-Weld Pipe Fittings
From Italy, Malaysia, and the
Philippines: Final Results of the
Expedited Fourth Sunset Review of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, the Department of
Commerce (Commerce) finds that
revocation of the antidumping (AD)
duty orders on stainless steel butt-weld
pipe fittings from Italy, Malaysia, and
the Philippines would be likely to lead
to continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Emily Bradshaw, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; (202) 482–4732 respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On November 1, 2022, Commerce
published the notice of initiation of the
fourth sunset reviews of the Orders,1
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2
After the date of publication of the
Initiation Notice, Commerce received a
1 See Antidumping Duty Orders: Stainless Steel
Butt-Weld Pipe Fittings from Italy, Malaysia, and
the Philippines, 66 FR 11257 (February 23, 2001)
(collectively, Orders).
2 See Initiation of Five-Year (Sunset) Review, 87
FR 65746 (November 1, 2022) (Initiation Notice).
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notice of intent to participate from Core
Pipe Products, Inc.3 within the deadline
specified in 19 CFR 351.218(d)(1)(i).
Core Pipe Products, Inc. (the domestic
interested party) claimed interested
party status under section 771(9)(C) of
the Act as a domestic producer engaged
in the production in the United States
of stainless steel butt-weld pipe fittings.
Commerce received a substantive
response from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).4
We did not receive a substantive
response from any other interested party
in these proceedings, and no party
requested a hearing.
On December 20, 2022, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of these Orders.
Scope of the Orders
The products covered by these Orders
are stainless steel butt-weld pipe
fittings. For a complete description of
the scope of these orders, see the Issues
and Decision Memorandum.6
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins of dumping likely to prevail if
the Orders were revoked.7 The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
3 See Domestic Interested Party’s Letter, ‘‘Notice
of Intent To Participate,’’ dated November 16, 2022.
4 See Domestic Interested Party’s Letters,
‘‘Stainless Steel Butt-Weld Pipe Fittings From
Italy—Domestic Interested Party’s Substantive
Response to Notice of Initiation’’ dated December
1, 2022 (Italy Substantive Response); ‘‘Stainless
Steel Butt-Weld Pipe Fittings From Malaysia—
Domestic Interested Party’s Substantive Response to
Notice of Initiation’’ dated December 1, 2022
(Malaysia Substantive Response); ‘‘Stainless Steel
Butt-Weld Pipe Fittings From the Philippines—
Domestic Interested Party’s Substantive Response to
Notice of Initiation,’’ dated December 1, 2022
(Philippines Substantive Response) (collectively,
Substantive Response).
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on November 1, 2022,’’ dated December
20, 2022.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Sunset Review of
the Antidumping Duty Orders on Stainless Steel
Butt-Weld Pipe Fittings from Italy, Malaysia and the
Philippines,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
7 Id.
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Antidumping and Countervailing Duty
Centralized Electronic Services System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Orders would be
likely to lead to the continuation or
recurrence of dumping, and that the
magnitude of the margins of dumping
likely to prevail would be weightedaverage margins of up to the following
percentages:
Country
Weightedaverage
dumping
margin
(percent)
Italy .......................................
Malaysia ................................
Philippines ............................
26.59
7.51
33.81
Administrative Protective Order
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). Timely written
notification of the 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.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act.
Dated: March 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of Dumping Margin Likely To
Prevail
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14133-14136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04570]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Rescission of Review, in Part; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun
Jinly), the sole mandatory respondent in this review and an exporter of
small diameter graphite electrodes (SDGE) from the People's Republic of
China (China), sold subject merchandise in the United States at prices
below normal value (NV) during the period of review (POR) February 1,
2021, through January 31, 2022. Further, we are rescinding the review
with respect to all other companies for which a review was initiated
for this POR. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Glickstein, 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) 482-5307.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
April 12, 2022, Commerce published the notice of
[[Page 14134]]
initiation of this administrative review.\1\ The review was initiated
with respect to 204 companies.\2\ On June 2, 2022, Commerce selected
Fushun Jinly as the sole mandatory respondent for this administrative
review because Fushun Jinly was the only company under review that
submitted a separate rate application or separate rate
certification.\3\ On June 7, 2022, Commerce issued the antidumping duty
questionnaire to Fushun Jinly.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation
Notice).
\2\ Id. at 21638 (``Where interested parties requested review of
a company name combined with an alternative name (i.e., an a.k.a.
name that is not an abbreviation) or a former company name, Commerce
treated the different versions of the company name separately for
review initiation purposes.'').
\3\ See Memorandum, ``Respondent Selection,'' dated June 2,
2022.
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On October 5, 2022, we extended the deadline for the preliminary
results of this administrative review from October 31, 2022, until
February 14, 2023.\4\ On January 11, 2023, we further extended the
deadline for the preliminary results of this administrative review
until February 28, 2023.\5\ For a complete description of the events
that followed the initiation of this administrative review, see the
Preliminary Decision Memorandum.\6\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
5, 2022.
\5\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated January 11, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Small Diameter
Graphite Electrodes from the People's Republic of China; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order \7\
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\7\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
20, 2009) (Order); and Small Diameter Graphite Electrodes from the
People's Republic of China: Continuation of Antidumping Duty Order,
85 FR 19134 (April 26, 2020).
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The merchandise covered by the Order is small diameter graphite
electrodes, which are currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 8545.11.0010,
3801.10, and 8545.11.0020. Although the HTSUS subheading and ASTM
specification are provided for convenience and for customs purposes,
the written description of the subject merchandise is dispositive. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices
in accordance with section 772 of the Act. Because China is a non-
market economy (NME) country within the meaning of section 771(18) of
the Act, NV has been calculated in accordance with section 773(c) of
the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics included in the Preliminary Decision Memorandum is included in
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
June 10, 2022, Tokai Carbon GE LLC and GrafTech International Ltd. (the
domestic industry) withdrew its request for review of all companies
included in its request, except Fushun Jinly.\8\ No other party
requested a review of these 203 companies. Accordingly, Commerce is
rescinding the administrative review with respect to all companies
included in the Initiation Notice, except Fushun Jinly.\9\ See the
Preliminary Decision Memorandum for a complete list of these
companies.\10\
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\8\ See Domestic Industry's Letter, ``Partial Withdrawal of
Request for 2021-2022 Antidumping Administrative Review,'' dated
June 10, 2022.
\9\ See 19 CFR 351.213(d)(1).
\10\ We note that 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. comprise a
single entity: The Fangda Group. These five companies are listed as
a single entity in the Preliminary Decision Memorandum.
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Separate Rates
Commerce preliminarily finds that the information placed on the
record by Fushun Jinly demonstrates that it is eligible for a separate
rate. For additional information, see the Preliminary Decision
Memorandum.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity
and no review was initiated for this POR, the China-wide entity is not
under review, and the China-wide entity's rate (i.e., 159.64 percent)
is not subject to change.\12\ For additional information, see the
Preliminary Decision Memorandum.
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\11\ 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 (November 4, 2013).
\12\ 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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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., Ltd.............. 24.95
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
A timeline for the submission of case briefs and written comments
will be provided to interested parties at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\13\
Parties who submit a case brief or a rebuttal brief in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief
[[Page 14135]]
summary of the argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect.'')).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
(3) whether any participant is a foreign national; and (4) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.\14\
If a request for a hearing is made, Commerce will announce the date and
time of the hearing.
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\14\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\15\ and
must also be served on interested parties.\16\ An electronically filed
document must be received successfully in its entirety by ACCESS, by 5
p.m. Eastern Time (ET) on the date that the document is due. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
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\15\ See 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of its
analysis of issues raised in any briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review.
Upon issuance of the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\18\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the publication of the final results
of this review. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\18\ See 19 CFR 351.212(b)(1).
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Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b). If Fushun Jinly's
ad valorem weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce will calculate importer-specific assessment rates for that
respondent, in accordance with 19 CFR 351.212(b)(1).\19\ Because Fushun
Jinly did not report entered value, we will calculate importer-specific
per-unit duty assessment rates based on the ratio of the total amount
of antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values.
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\19\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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If, in the final results, Fushun Jinly's weighted-average dumping
margin is zero or de minimis (i.e., less than 0.5 percent), Commerce
will instruct CBP to liquidate the appropriate entries for that
respondent without regard to antidumping duties.\20\ For entries that
were not reported in the U.S. sales database submitted by Fushun Jinly
during this review, Commerce will instruct CBP to liquidate such
entries at the antidumping duty assessment rate for the China-wide
entity (i.e., 159.64 percent).\21\
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\20\ See 19 CFR 351.106(c)(2).
\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 at 65694-65695, for a full
discussion of this practice.
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For the companies for which we have rescinded this review, Commerce
intends to instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit rate of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during February 1, 2021, through January
31, 2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment instructions to CBP for the rescinded
companies no earlier than 35 days after the date of publication of the
preliminary results of this administrative review in the Federal
Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for Fushun Jinly,
the cash deposit rate will be equal to the weighted-average dumping
margin established in the final results of this review (except, if the
rate is de minimis, then the cash deposit rate will be zero); (2) for
previously examined Chinese and non-Chinese exporters not listed above
that received a separate rate in a prior completed segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific cash deposit rate; (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 the rate 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 that supplied that non-Chinese exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
[[Page 14136]]
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondent
VI. Partial Rescission of Review
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023-04570 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
