Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices 14993 

2Reducing the price of petroleum needle coke, 

and consequently reducing the volume of its sales 

in 2009 is not indicative, because it is caused by 

the global financial crisis. 

3The Competitive Impact Statement states that 

the Seadrift world market share is 19%. 

(3) Lack of substitute products to 

petroleum needle coke. 

Neither pitch needle coke nor anode 

coke can neither be mixed with the 

petroleum needle coke, nor less serve as 

a complete substitute for petroleum 

needle coke. It is fully described in 

paragraphs 12–14, Section IV of the 

Complaint. 

(4) Low-elasticity of demand for the 

goods, which means that increasing the 

price for the goods does not entail 

reducing the demand for it, which in 

turn is caused by the fact that the 

volume of demand exceeds the supply 

of goods on the market.2

All the above indicates that the world 

petroleum needle coke market is 

oligopolistic (market of collective 

dominance), so that each participant of 

the market, including the Seadrift 

company, occupies a dominant position 

and has a large market weight, 

regardless of the size of its market 

share.3

This fact in itself is a cause for 

heightened attention to the behavior of 

each such entity on the market because 

abuse by such entity a dominant 

position leads to serious negative 

consequences for competition. 

In this situation Seadrift—a company 

with a dominant market position of the 

petroleum needle coke is acquired by 

the company, which is the world’s 

largest producer of graphite electrode 

UHP. 

This acquisition creates a situation 

where the production volume of 

petroleum needle coke and sales policy 

of this raw material to the producers of 

graphite electrodes is determined by 

another producer of graphite 

electrodes—their direct competitor. This 

situation creates a wide field for abuse 

and may lead to a significant 

deterioration of competition not only in 

the petroleum needle coke, but also in 

the market of graphite electrode UHP. 

Section III of the Competitive Impact 

Statement states: ‘‘GrafTech anticipates 

substantial, merger-specific efficiencies 

by internal consumption of Seadrift 

petroleum needle coke, which would 

allow the elimination of double 

margins. Should this result in lower 

GrafTech prices for graphite electrodes 

downstream, it likely would incentivize 

other graphite electrodes competitors to 

reduce prices in response of that 

competition’’. 

We do not believe that these 

conclusions are correct and, on the 

contrary, we would like to indicate the 

following possible ways to abuse by 

GrafTech and Seadrift companies: 

(1) GrafTech may use the control over 

the supply of petroleum needle coke 

produced by Seadrift company to 

reduce the production of petroleum 

needle coke and higher prices for 

graphite electrodes. 

By limiting the supply of petroleum 

needle coke GrafTech may interfere 

other producers of graphite electrodes to 

deliver the required amount of graphite 

electrodes to maintain the same level of 

production in industry. 

(2) Prices for needle coke produced by 

Seadrift for other customers may be 

raised; so GrafTech may increase its 

market share at the expense of other 

producers of graphite electrodes because 

they couldn’t provide consumers as low 

price for electrodes as GrafTech did. 

(3) GrafTech may use the methods of 

unfair competition, forcing Seadrift 

waive or deviate without good reason to 

conclude contracts with particular 

buyers, to set different prices for coke 

for different customers, to impose 

needle coke consumers contract terms 

not profitable for them. This creates a 

situation where market players will be 

in different conditions and products of 

some may become uncompetitive. 

In conclusion, we would like to draw 

attention to one point. 

The market of petroleum needle coke 

and graphite electrodes UHP market are 

global and the Russian market is its 

integral part. 

According to Russian law, if the 

transaction made outside the territory of 

the Russian Federation may have an 

impact on the state of competition in the 

Russian Federation it is subject to 

agreement with the Federal 

Antimonopoly Service of the Russian 

Federation. To our knowledge, Seadrift 

and GrafTech companies did not receive 

such approval, and therefore violated 

the laws of the Russian Federation. 

Summarizing up the above said in its 

Complaint, the United States 

represented by Antitrust Division of the 

U.S. Department of Justice do not cover 

all the negative effects of the acquisition 

in question, but analyze only one aspect 

of it. But even in this aspect the 

measures stipulated by the proposed 

Final Judgment are not adequate and 

sufficient to prevent damage by the 

competition. 

Public interests are to create 

maximum favorable conditions for the 

functioning of free market economy 

with there are separate, independent 

entities. The acquisition of Seadrift by 

GrafTech is inherently anticompetitive—GrafTech—the largest 

consumer of petroleum needle coke 

acquires the largest producer of 

petroleum needle coke, which forms the 

basis for discrimination of all other 

customers of this raw material in the 

whole world, which will negatively 

affect not only producers of graphite 

electrodes, but also producers of electric 

steel. In this connection the proposed 

Final Judgment by definition does not 

and can not be in the public interest, 

since the transaction should not be 

performed and approved under any 

circumstances, and therefore any 

proposed measures do not compensate 

for the damage which will be caused to 

competition in the petroleum needle 

coke market as well as and graphite 

electrodes market UHP that will 

negatively impact the electric steel 

market. 

Based on the foregoing, 

ENERGOPROM Group requests 

Antitrust Division of the U.S. 

Department of Justice to withdraw its 

consent to the proposed Final Judgment. 

Attachments: 

—Articles of Association of CJSC 

‘‘ENERGOPROM MANAGEMENT’’; 

—Certificate of state registration of CJSC 

‘‘ENERGOPROM MANAGEMENT’’; 

—Decision of the sole shareholder on 

the appointment of the General 

Director of the company. 

All documents are appostilled and 

translated into English. 

Contacts: Closed Joint Stock Company 

<<ENERGOPROM MANAGEMENT>> 

123001, Russia, Moscow, SadovayaKudrinskaya, 32/1, Tel +7 495 789 96 

46, fax +7 495 789 96 47, Web-site: 

www.energoprom.ru, Contact e-mail: 

nproskurdina@energoprom.ru. 

Sincerely yours, 

General Director Nadtochy A. 

[FR Doc. 2011–6182 Filed 3–17–11; 8:45 am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[OMB Number 1117–0009] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested: Controlled 

Substances Import/Export 

Declaration—DEA Form 236 

ACTION: 60-Day Notice of Information 

Collection Under Review. 

The Department of Justice (DOJ), Drug 

Enforcement Administration (DEA), will 

be submitting the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 


Emcdonald on DSK2BSOYB1PROD with NOTICES
14994 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices 

the Paperwork Reduction Act of 1995. 

The proposed information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted 

until May 17, 2011. This process is 

conducted in accordance with 5 CFR 

1320.10. 

If you have comments, especially on 

the estimated public burden or 

associated response time, suggestions, 

or need a copy of the proposed 

information collection instrument with 

instructions or additional information, 

please contact Cathy A. Gallagher, 

Acting Chief, Liaison and Policy 

Section, Office of Diversion Control, 

Drug Enforcement Administration, 8701 

Morrissette Drive, Springfield, VA 

22152; telephone: (202) 307–7297. 

Written comments concerning this 

information collection should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attn: DOJ Desk Officer. The best 

way to ensure your comments are 

received is to email them to oira_

submission@omb.eop.gov or fax them to 

202–395–7285. All comments should 

reference the 8 digit OMB number for 

the collection or the title of the 

collection. If you have questions 

concerning the collection, please call 

Cathy A. Gallagher at 202–307–7297 or 

the DOJ Desk Officer at 202–395–3176. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the 

agencies estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Extension of a currently approved 

collection 

(2) Title of the Form/Collection: 

Controlled Substances Import/Export 

Declaration—DEA Form 236. 

(3) Agency form number, if any, and 

the applicable component of the 

Department sponsoring the collection: 

Form number: DEA Form 236. 

Component: Office of Diversion 

Control, Drug Enforcement 

Administration, U.S. Department of 

Justice 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: Business or other for-profit. 

Other: None. 

Abstract: DEA–236 provides the DEA 

with control measures over the 

importation and exportation of 

controlled substances as required by 

United States drug control laws and 

international treaties. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: It is estimated that there are 

313 respondents, 5,709 annual 

responses, and that each response takes 

18 minutes to complete. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 1,712.7 annual burden hours. 

If additional information is required, 

contact: Lynn Murray, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

Department of Justice, Two Constitution 

Square, 145 N Street, NE., Suite 2E–808, 

Washington, DC 20530. 

Dated: March 15, 2011. 

Lynn Murray, 

Department Clearance Officer, PRA, U.S. 

Department of Justice. 

[FR Doc. 2011–6410 Filed 3–17–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[OMB Number 1117–0024] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested: Reports of 

Suspicious Orders or Theft/Loss of 

Listed Chemicals/Machines 

ACTION: 60-Day Notice of Information 

Collection Under Review. 

The Department of Justice (DOJ), Drug 

Enforcement Administration (DEA), will 

be submitting the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995. 

The proposed information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted 

until May 17, 2011. This process is 

conducted in accordance with 5 CFR 

1320.10. 

If you have comments, especially on 

the estimated public burden or 

associated response time, suggestions, 

or need a copy of the proposed 

information collection instrument with 

instructions or additional information, 

please contact Cathy A. Gallagher, 

Acting Chief, Liaison and Policy 

Section, Office of Diversion Control, 

Drug Enforcement Administration, 8701 

Morrissette Drive, Springfield, VA 

22152; telephone: (202) 307–7297. 

Written comments concerning this 

information collection should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attn: DOJ Desk Officer. The best 

way to ensure your comments are 

received is to email them to 

oira_submission@omb.eop.gov or fax 

them to 202–395–7285. All comments 

should reference the 8 digit OMB 

number for the collection or the title of 

the collection. If you have questions 

concerning the collection, please call 

Cathy A. Gallagher at 202–307–7297 or 

the DOJ Desk Officer at 202–395–3176. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 


Emcdonald on DSK2BSOYB1PROD with NOTICES