Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022, 62318-62319 [2023-19526]
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62318
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices
Officer, at dbarreras@usccr.gov or 1–
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Dated: September 6, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–19493 Filed 9–8–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK120RN23PROD with NOTICES1
VerDate Sep<11>2014
17:10 Sep 08, 2023
Jkt 259001
The product 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.
A full description of the scope of the
order is provided in the Issues and
Decision Memorandum.
Analysis of Comments Received
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Fushun Jinly Petrochemical Carbon Co.,
Ltd. (Fushun Jinly) made sales of 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,
2021, through January 31, 2022.
DATES: Applicable September 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results on March 7, 2023.1 For a
discussion of events subsequent to the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). On June 28,
2023, we extended the deadline for
these final results to September 5,
2023.3
Agenda
I. Welcome & Opening Remarks
II. Panelist Presentations
III. Committee Q&A
IV. Public Comment
V. Next Steps
VI. Adjournment
Exceptional Circumstance: Pursuant
to 41 CFR 102–3.150, the notice for this
meeting is given fewer than 15 calendar
days prior to the meeting due to
exceptional circumstances related to the
availability of the invited expert.
Scope of the Order
1 See Small Diameter Graphite Electrodes from
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and
Rescission of Review, in Part; 2021–2022, 88 FR
14133 (March 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Extension of Deadline for
Final Results,’’ dated June 28, 2023.
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Frm 00004
Fmt 4703
Sfmt 4703
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of these issues is
attached as an appendix to this notice.4
The Issues and Decision Memorandum
is a public document and is on file
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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made one revision to the
margin calculation for Fushun Jinly as
explained in Comment 2 of the Issues
and Decision Memorandum.
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for Fushun Jinly for the
period February 1, 2021, through
January 31, 2022:
Exporter
Fushun Jinly Petrochemical
Carbon Co., Ltd ................
Weightedaverage
dumping
margin
(percent)
30.14
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,5 we
did not conduct a review of the Chinawide entity. Thus, the weighted-average
dumping margin for the China-wide
4 See
Appendix.
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).
5 See
E:\FR\FM\11SEN1.SGM
11SEN1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices
entity (i.e., 159.64 percent) 6 is not
subject to change as a result of this
review.
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).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these final results of
review. We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these final results. 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).
Because Fushun Jinly did not report
entered value, we calculated a per-unit
rate for each importer (or customer) by
dividing the total amount of dumping
calculated for reviewed sales to that
party by the total sales quantity
associated with those transactions. For
duty-assessment rates calculated on this
basis, we will direct CBP to assess the
resulting per-unit rate against the
entered quantity of the subject
merchandise. Where an importer- (or
customer-) specific assessment rate is
zero or de minimis (i.e., less than 0.50
percent), Commerce will instruct CBP to
assess that importer’s (or customer’s)
entries of subject merchandise without
regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
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).
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
6 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).
VerDate Sep<11>2014
17:10 Sep 08, 2023
Jkt 259001
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for Fushun Jinly the cash
deposit rate will be the margin listed
above; (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 cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
62319
Dated: September 5, 2023.
Lisa W. Wang,
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 Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Revise the
Primary Surrogate Country Selection
Comment 2: Whether To Revise the
Surrogate Value for Labor
Comment 3: Whether To Allow a ByProduct Offset
Comment 4: Whether the By-Product Offset
Surrogate Value Is Appropriate
Comment 5: Whether the Tollers’ Factors
of Production Are Reliable
Comment 6: Whether To Revise the Freight
Expense to and From the Tollers
VI. Recommendation
[FR Doc. 2023–19526 Filed 9–8–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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.
International Trade Administration
Administrative Protective Order
SUMMARY:
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.
Notification to Interested Parties
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 and 19
CFR 351.221(b)(5).
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[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to producers and exporters of wood
mouldings and millwork products
(millwork products) from the People’s
Republic of China (China) during the
period of review (POR) from June 12,
2020, through December 31, 2021.
Commerce is also rescinding the review
with respect to five companies that had
no reviewable entries during the POR.
DATES:
Applicable September 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Craig Matney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–2429, respectively.
SUPPLEMENTARY INFORMATION:
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11SEN1
Agencies
[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62318-62319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19526]
=======================================================================
-----------------------------------------------------------------------
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; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) made sales
of 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, 2021, through January 31, 2022.
DATES: Applicable September 11, 2023.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on March 7, 2023.\1\ For
a discussion of events subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\ Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act). On June 28, 2023, we extended the deadline for these final
results to September 5, 2023.\3\
---------------------------------------------------------------------------
\1\ See Small Diameter Graphite Electrodes from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review, in Part; 2021-2022,
88 FR 14133 (March 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results,''
dated June 28, 2023.
---------------------------------------------------------------------------
Scope of the Order
The product 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. A full description of the scope of
the order is provided in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of these issues is attached as
an appendix to this notice.\4\ The Issues and Decision Memorandum is a
public document and is on file 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. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Appendix.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made one
revision to the margin calculation for Fushun Jinly as explained in
Comment 2 of the Issues and Decision Memorandum.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for Fushun Jinly for the period February 1, 2021, through
January 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., Ltd............. 30.14
------------------------------------------------------------------------
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,\5\ we did not conduct
a review of the China-wide entity. Thus, the weighted-average dumping
margin for the China-wide
[[Page 62319]]
entity (i.e., 159.64 percent) \6\ is not subject to change as a result
of this review.
---------------------------------------------------------------------------
\5\ 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).
\6\ 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).
---------------------------------------------------------------------------
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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with these final results of review. We intend
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these final results. 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).
Because Fushun Jinly did not report entered value, we calculated a
per-unit rate for each importer (or customer) by dividing the total
amount of dumping calculated for reviewed sales to that party by the
total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer- (or customer-) specific assessment rate
is zero or de minimis (i.e., less than 0.50 percent), Commerce will
instruct CBP to assess that importer's (or customer's) entries of
subject merchandise without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). 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).
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) for Fushun Jinly the
cash deposit rate will be the margin listed above; (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 cash deposit requirements, when
imposed, shall remain in effect until further notice.
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.
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.
Notification to Interested Parties
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 and 19 CFR 351.221(b)(5).
Dated: September 5, 2023.
Lisa W. Wang,
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 Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Revise the Primary Surrogate Country
Selection
Comment 2: Whether To Revise the Surrogate Value for Labor
Comment 3: Whether To Allow a By-Product Offset
Comment 4: Whether the By-Product Offset Surrogate Value Is
Appropriate
Comment 5: Whether the Tollers' Factors of Production Are
Reliable
Comment 6: Whether To Revise the Freight Expense to and From the
Tollers
VI. Recommendation
[FR Doc. 2023-19526 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-DS-P