[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8775-8776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4126]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-929


Antidumping Duty Order: Small Diameter Graphite Electrodes from 
the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 26, 2009.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on small 
diameter graphite electrodes from the People's Republic of China 
(``PRC'').

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Drew Jackson, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
4162 and 482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on January 14, 2009, the Department 
published the 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) (``Final Determination'').
    On February 19, 2009, the ITC notified the Department of its 
affirmative final determination of material injury to a U.S. industry. 
See Small Diameter Graphite Electrodes from China, Investigation No. 
731-TA-1143 (Final), USITC Publication 4062 (February 2009).

Scope of the Order

    The merchandise covered by this order includes all small diameter 
graphite electrodes of any length, whether or not finished, of a kind 
used in furnaces, with a nominal or actual diameter of 400 millimeters 
(16 inches) or less, and whether or not attached to a graphite pin 
joining system or any other type of joining system or hardware. The 
merchandise covered by this order also includes graphite pin joining 
systems for small diameter graphite electrodes, of any length, whether 
or not finished, of a kind used in furnaces, and whether or not the 
graphite pin joining system is attached to, sold with, or sold 
separately from, the small diameter graphite electrode. Small diameter 
graphite electrodes and graphite pin joining systems for small diameter 
graphite electrodes are most commonly used in primary melting, ladle 
metallurgy, and specialty furnace applications in industries including 
foundries, smelters, and steel refining operations. Small diameter 
graphite electrodes and graphite pin joining systems for small diameter 
graphite electrodes that are subject to this order are currently 
classified under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheading 8545.11.0000. The HTSUS number is provided for 
convenience and customs purposes, but the written description of the 
scope is dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months except 
where exporters representing a significant proportion of exports of the 
subject merchandise request the Department to extend that four-month 
period to no more than six months. At the request of exporters that 
account for a significant proportion of small diameter graphite 
electrodes, we extended the four-month period to no more than six 
months. 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 (August 
21, 2008) (``Preliminary Determination''). In this investigation, the 
six-month period beginning on the date of the publication of the 
Preliminary Determination (i.e., August 21, 2008) ended on February 16, 
2009. Furthermore, section 737 of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination. Therefore, in accordance with section 733(d) of the Act, 
we have instructed U.S. Customs and Border Protection (``CBP'') to 
terminate suspension of liquidation and to liquidate without regard to 
antidumping duties (i.e., release all bonds and refund all cash 
deposits), unliquidated entries of small diameter graphite electrodes 
from the PRC entered, or withdrawn from warehouse, for consumption 
after February 16, 2009, and before the date of publication of the 
ITC's final injury determination in the Federal Register. Suspension of 
liquidation will continue on or after the date of publication of the 
ITC's final injury determination in the Federal Register.

Antidumping Duty Order

    On February 19, 2009, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price of the merchandise for all relevant entries of small 
diameter graphite electrodes from the PRC. Except for the entries noted 
above,\1\ these antidumping duties will be assessed on all unliquidated 
entries of small graphite electrodes from the PRC entered, or withdrawn 
from the warehouse, for consumption on or after August 21, 2008, the 
date on which the Department published its Preliminary Determination. 
See Preliminary Determination.
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    \1\ Namely, entries of small diameter graphite electrodes from 
the PRC entered, or withdrawn from warehouse, for consumption after 
February 16, 2009, and before the date of publication of the ITC's 
final injury determination in the Federal Register.
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    The ITC also notified the Department that it made a negative 
critical circumstances determination in this investigation. Therefore, 
we will instruct CBP to lift suspension, release any bond or other 
security, and refund any cash deposit made to secure the payment of 
antidumping duties with respect to entries of the merchandise entered, 
or withdrawn from warehouse, for consumption prior to August 21, 2008 
(i.e., during the 90 days prior to the date of publication of the 
Preliminary Determination).
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated weighted-average

[[Page 8776]]

antidumping duty margins listed below. See section 735(c)(3) of the 
Act. The ``PRC-wide'' rate applies to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
           Exporter & Producer                Weighted-Average Margin
------------------------------------------------------------------------
Fushun Carbon Co., Ltd., Produced by:                     159.64[percnt]
 Fushun Carbon Co., Ltd..................
Fangda Carbon New Material Co., Ltd.,                     159.64[percnt]
 Produced by: Fangda Carbon New Material
 Co., Ltd................................
Beijing Fangda Carbon Tech Co., Ltd.,                     159.64[percnt]
 Produced by: Chengdu Rongguang Carbon
 Co., Ltd.; Fangda Carbon New Material
 Co., Ltd.; or Fushun Carbon Co., Ltd....
Chengdu Rongguang Carbon Co., Ltd.,                       159.64[percnt]
 Produced by: Chengdu Rongguang Carbon
 Co., Ltd................................
Jilin Carbon Import and Export Company,                   132.90[percnt]
 Produced by: Sinosteel Jilin Carbon Co.,
 Ltd.....................................
Guanghan Shida Carbon Co., Ltd., Produced                 132.90[percnt]
 by: Guanghan Shida Carbon Co., Ltd......
Nantong River-East Carbon Joint Stock                     132.90[percnt]
 Co., Ltd., Produced by: Nantong River-
 East Carbon Co., Ltd.; or Nantong Yangzi
 Carbon Co., Ltd.........................
Xinghe County Muzi Carbon Co. Ltd.,                       132.90[percnt]
 Produced by: Xinghe County Muzi Carbon
 Co., Ltd................................
Brilliant Charter Limited, Produced by:                   132.90[percnt]
 Nantong Falter New Energy Co., Ltd.; or
 Shanxi Jinneng Group Co., Ltd...........
Shijiazhuang Huanan Carbon Factory,                       132.90[percnt]
 Produced by: Shijiazhuang Huanan Carbon
 Factory.................................
Shenyang Jinli Metals & Minerals Imp &                    132.90[percnt]
 Exp Co., Ltd., Produced by: Shenyang
 Jinli Metals & Minerals Imp. & Exp. Co.,
 Ltd.....................................
Shanghai Jinneng International Trade Co.,                 132.90[percnt]
 Ltd., Produced by: Shanxi Jinneng Group
 Datong Energy Development Co., Ltd......
Dalian Thrive Metallurgy Import and                       132.90[percnt]
 Export Co., Ltd., Produced by: Linghai
 Hongfeng Carbon Products Co., Ltd.;
 Tianzhen Jintian Graphite Electrodes
 Co., Ltd.; Jiaozuo Zhongzhou Carbon
 Products Co., Ltd.; Heilongjiang Xinyuan
 Carbon Products Co., Ltd.; Xuzhou
 Jianglong Carbon Manufacture Co., Ltd.;
 or Xinghe Xinyuan Carbon Products Co.,
 Ltd.....................................
GES (China) Co., Ltd., Produced by:                       132.90[percnt]
 Shanghai GC Co., Ltd.; Fushun Jinli
 Petrochemical Carbon Co., Ltd.; Xinghe
 County Muzi Carbon Plant and Linyi
 County Lubei Carbon Co., Ltd. Shandong
 Province................................
Qingdao Haosheng Metals & Minerals Imp &                  132.90[percnt]
 Exp Co., Ltd., Produced by: Sinosteel
 Jilin Carbon Co., Ltd...................
PRC-Wide Entity..........................                 159.64[percnt]
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
small diameter graphite electrodes from the PRC pursuant to section 
736(a) of the Act. Interested parties may contact the Department's 
Central Records Unit, Room 1117 of the main Commerce building, for 
copies of an updated list of antidumping duty orders currently in 
effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E9-4126 Filed 2-25-09; 8:45 am]
BILLING CODE 3510-DS-S