[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29747-29748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13671]


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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; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 16, 2018, 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, 2017, through 
January 31, 2018, with respect to 191 companies.

DATES: Applicable June 26, 2018.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, 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 or (202) 
482-0131, respectively.

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 1, 2018, 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, 2017, through January 31, 2018.\2\
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    \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, 83 FR 4639 (February 1, 2018).
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    On February 28, 2018, Tokai Carbon GE LLC (the petitioner) \3\ 
requested an administrative review of the order for 192 producers and/
or exporters of the subject merchandise, including Fushun Jinly 
Petrochemical Carbon Co., Ltd.\4\ In addition, on February 28, 2018, 
producer and exporter Fushun Jinly Petrochemical Carbon Co., Ltd. 
requested a review of itself.\5\ On April 16, 2018, 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 
193 companies.\6\ On May 4, 2018, the petitioner withdrew its 
administrative review request for 191 out of the 192 companies for 
which it requested a review.\7\ See the Initiation Notice for the full 
list of companies for which Commerce initiated a review.
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    \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, 2018. The petitioner's review request included Fushun Jinli 
Petrochemical Carbon Co., Ltd. (emphasis added).
    \5\ See Fushun Jinly Petrochemical Carbon Co., Ltd.'s, ``Small 
Diameter Graphite Electrodes from the People's Republic of China: 
Request for an Administrative Review,'' dated February 28, 2018. For 
purposes of this review, we are treating Fushun Jinli Petrochemical 
Carbon Co., Ltd. and Fushun Jinly Petrochemical Carbon Co., Ltd. as 
the same respondent company.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
    \7\ 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 May 4, 2018. The 
petitioner withdrew its review request with respect to all companies 
except for Fushun Jinli Petrochemical Carbon Co., Ltd.
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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 on small diameter 
graphite electrodes from China for the period February 1, 2017, through 
January 31, 2018, with respect to the 191 companies for which all 
review requests were withdrawn. The review will continue only with 
respect to the remaining company Fushun Jinly Petrochemical Carbon Co., 
Ltd, aka Fushun Jinli Petrochemical Carbon Co., Ltd.\8\
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    \8\ In a prior administrative review of electrodes from China, 
we found that Fushun Jinly Petrochemical Carbon Co., Ltd. is the 
same entity as Fushun Jinli Petrochemical Carbon Co., Ltd. See, 
e.g., Small Diameter Graphite Electrodes from the People's Republic 
of China: Final Results of the Antidumping Duty Administrative 
Review, 77 FR 40854, 40856 n.3 (July 11, 2012). Consistent with this 
determination, and in the absence thus far of contrary evidence, we 
are treating these companies as the same entity. See also 
Memorandum, ``Antidumping Duty Administrative Review: Small Diameter 
Graphite Electrodes form the People's Republic of China--Respondent 
Selection,'' dated May 15, 2018.
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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 on the subject merchandise 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 to CBP 15 days after publication of this notice in the 
Federal Register.

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

[[Page 29748]]

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), 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 is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: June 19, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-13671 Filed 6-25-18; 8:45 am]
 BILLING CODE 3510-DS-P