International Trade Administration March 7, 2011 – Federal Register Recent Federal Regulation Documents

On November 1, 2010, the Department of Commerce (``Department'') published in the Federal Register the notice of initiation of the third sunset review of the antidumping duty order on certain cased pencils (``pencils'') from the People's Republic of China (``PRC''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-Year (``Sunset'') Review, 75 FR 67082 (November 1, 2010). The Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the margins identified in the ``Final Results of Review'' section of this notice.

In response to requests from interested parties, the Department of Commerce. (``Department'') is conducting the first administrative review of the antidumping duty order on small diameter graphite electrodes (``SDGE'') from the People's Republic of China (``PRC''), covering the period August 21, 2008, through January 31, 2010. The Department has preliminarily determined that during the period of review (``POR'') respondents in this proceeding have made sales of subject merchandise at less than normal value (``NV''). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the POR. The Department is also rescinding this review for those exporters for which requests for review were timely withdrawn.\1\ For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from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. Furthermore, we determine that four companies for which a review was requested have not been responsive, and thus have not demonstrated entitlement to a separate rate.\2\ As a result, we have preliminarily determined that they are part of the PRC- wide entity, and continue to be subject to the PRC-wide entity rate.\3\ Further, the Department intends to rescind this administrative review with respect to UK Carbon & Graphite (``UKCG'') if the Department concludes that there were no entries, exports, or sales of the subject merchandise to the United States during the POR.\4\ Interested parties are invited to comment on these preliminary results. We will issue final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').