[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32833-32835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15114]


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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; 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Fushun 
Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly) did not make sales 
of

[[Page 32834]]

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, 2016, through January 31, 2017.

DATES: Applicable July 16, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results \1\ on March 12, 2018. 
For a discussion of events subsequent to the Preliminary Results, see 
Commerce's Issues and Decision Memorandum.\2\
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    \1\ See Small Diameter Graphite Electrodes from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2016-2017, 83 FR 10658 (March 12, 2018) (Preliminary Results), and 
accompanying Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Administrative Review of the Antidumping Duty Order on Small 
Diameter Graphite Electrodes from the People's Republic of China; 
2016-2017,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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    Commerce has exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through 22, 2018. The revised deadline for the final determination of 
this review is now July 10, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    The merchandise 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. Small diameter graphite electrodes 
and graphite pin joining systems for small diameter graphite electrodes 
that are subject to the order are currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
8545.11.0010, 3801.10, and 8545.11.0020. While the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the order is dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    In the Issues and Decision Memorandum, we address all issues raised 
in interested parties' case and rebuttal briefs. In the Appendix to 
this notice, we provide a list of the issues raised by parties. The 
Issues and Decision Memorandum is a public document and is on file in 
the Central Records Unit (CRU), Room B8024 of the main Department of 
Commerce building, as well as 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 and it is available to all parties in the CRU. 
In addition, parties can directly access a complete version of the 
Issues and Decision Memorandum on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we did not make 
any revisions to the margin calculations for Fushun Jinly.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that Fangda 
Group \4\ and Xuzhou Jianglong Carbon Products Co., Ltd. (Xuzhou 
Jianglong) had no shipments of the subject merchandise during the 
POR.\5\ We received no information to contradict this determination. 
Therefore, we continue to determine that Fangda Group and Xuzhou 
Jianglong had no shipments of subject merchandise during the POR, and 
will issue appropriate liquidation instructions that are consistent 
with our ``automatic assessment'' clarification, for these final 
results.\6\
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    \4\ The Fangda Group consists of 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. In a 
prior administrative review Commerce determined, pursuant to 
sections 771(33)(F) and (G) of the Tariff Act of 1930, as amended 
(the Act), that these companies were affiliated. Additionally, 
Commerce determined, pursuant to 19 CFR 351.401(f) that it was 
appropriate to treat these companies as a single entity. See Small 
Diameter Graphite Electrodes from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Affirmative Preliminary 
Determination of Critical Circumstances, in Part, 73 FR 49408, 
49411-12 (August 21, 2008), unchanged in Final Determination of 
Sales at Less Than Fair Value and Affirmative Determination of 
Critical Circumstances: Small Diameter Graphite Electrodes from the 
People's Republic of China, 74 FR 2049 (January 14, 2009). Because 
there is no evidence on the record of this review that would require 
us to reevaluate this determination, we are continuing to treat 
these companies as part of the Fangda Group.
    \5\ See Preliminary Results at 10658-59.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment 
Practice Refinement).
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for Fushun Jinly for the POR from February 1, 2016, 
through January 31, 2017:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
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Fushun Jinly Petrochemical Carbon Co., Ltd \7\.........            0.00
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    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,\8\ we did not conduct 
a review of the China-wide entity. Thus, the weighted-average dumping 
margin for the China-wide entity (i.e., 159.64 percent) \9\ is not 
subject to change as a result of this review.
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    \7\ Also known as Fushun Jinli Petrochemical Carbon Co., Ltd. 
See Petitioner's February 28, 2017 Request for Initiation of 
Antidumping Administrative Review at Attachment 1, p.11; see also 
Small Diameter Graphite Electrodes from the People's Republic of 
China: Preliminary Results of the First Administrative Review of the 
Antidumping Duty Order; Partial Rescission of Administrative Review; 
and Intent to Rescind Administrative Review, in Part, 76 FR 12324 
(March 7, 2011) at n.7.
    \8\ 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).
    \9\ 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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Assessment Rates

    Commerce determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b). We intend to issue

[[Page 32835]]

assessment instructions to CBP 15 days after the publication date of 
these final results of review. For entries of subject merchandise 
during the POR produced by Fushun Jinly, we will instruct the CBP to 
liquidate the appropriate entries without regard to antidumping duties 
because Fushun Jinly's weighted-average dumping margin in these final 
results is zero.\10\
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    \10\ See 19 CFR 351.106(c)(2).
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    Consistent with Commerce's assessment practice in non-market 
economy cases, for sales that were not reported in the U.S. sales data 
submitted by companies individually examined during this review, we 
will instruct CBP to liquidate entries associated with those sales at 
the rate for the China-wide entity. Furthermore, where we found that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's cash deposit rate) will be liquidated at the rate 
for the China-wide entity.\11\
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    \11\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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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) No cash deposit will 
be required for subject merchandise exported by Fushun Jinly; (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 
deposit requirements, when imposed, shall remain in effect until 
further notice.

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).

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.

Notification Regarding 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.
    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.

     Dated: July 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
    Comment 1: U.S. Sales Process and Whether to Apply Total Adverse 
Facts Available (AFA)
    Comment 2: Reliability of Factors of Production (FOP) and Sales 
Databases and Whether to Apply Total AFA
Recommendation

[FR Doc. 2018-15114 Filed 7-13-18; 8:45 am]
 BILLING CODE 3510-DS-P