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###### Department of Commerce

###### International Trade Administration

          - [A-570-194]

# AGENCY:

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

# DATES:

Applicable January 7, 2025.

# FOR FURTHER INFORMATION CONTACT:

Christopher Maciuba, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0413.

# SUPPLEMENTARY INFORMATION:

## The Petition

                    On December 18, 2024, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of active anode material from the People's Republic of China (China) filed in proper form on behalf of the American Active Anode Material Producers (the petitioner),[1]                                          an                     *ad hoc*                     trade association of domestic producers.[2]                                          The AD Petition was accompanied by a countervailing duty (CVD) petition concerning imports of active anode material from China.[3] 

                    On December 20, 2024 and January 2, 2025, Commerce requested supplemental information pertaining to certain aspects of the Petition in supplemental questionnaires.[4]                                          On December 27, 2024 and January 3, 2025, the petitioner filed timely responses to these requests for additional information.[5] 

In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of active anode material from China are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products materially retard the establishment of an industry in the United States, or in the alternative, that such products are materially injuring, or threaten material injury to, the active anode material industry in the United States. Consistent with section 732(b)(1) of the Act, the Petition was accompanied by information reasonably available to the petitioner supporting its allegations.

                    Commerce finds that the petitioner filed the Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(F) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested LTFV investigation.[6] 

## Period of Investigation

                    Because the Petition was filed on December 18, 2024, and because China                           ( print page 3793)                        is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for the LTFV investigation is April 1, 2024, through September 30, 2024.                

## Scope of the Investigation

                    The product covered by this investigation is active anode material from China. For a full description of the scope of this investigation,                     *see*                     the appendix to this notice.                

## Comments on the Scope of the Investigation

                    On December 20, 2024, and January 2, 2025, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.[7]                                          On December 27, 2024, and January 3, 2025, the petitioner provided clarifications and revised the scope.[8]                                          The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications.                

                    As discussed in the                     *Preamble*                     to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (                    *i.e.,*                     scope).[9]                                          Commerce will consider all scope comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,[10]                                          all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on January 27, 2025, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, and should also be limited to public information, must be filed by 5:00 p.m. ET on February 6, 2025, which is 10 calendar days from the initial comment deadline.                

Commerce requests that any factual information that parties consider relevant to the scope of this investigation be submitted during that period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent LTFV and CVD investigations.

## Filing Requirements

                    All submissions to Commerce must be filed electronically via Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.[11]                                          An electronically filed document must be received successfully in its entirety by the time and date it is due.                

## Comments on Product Characteristics

Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of active anode material to be reported in response to Commerce's AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product comparison criteria.

Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on January 27, 2025, which is 20 calendar days from the signature date of this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on February 6, 2025, which is 10 calendar days from the initial comment deadline. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the LTFV investigation.

## Determination of Industry Support for the Petition

Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”

                    Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC apply the same statutory definition regarding the domestic like product,[12]                                          they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.[13] 

                    Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is                           ( print page 3794)                        “the article subject to an investigation” (                    *i.e.,*                     the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).                

                    With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.[14]                                          Based on our analysis of the information submitted on the record, we have determined that active anode material, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.[15] 

                    In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the “Scope of the Investigation,” in the appendix to this notice. To establish industry support, the petitioner provided the 2023 production of the domestic like product for the supporters of the Petition and compared this to total 2023 production for the U.S. active anode material industry.[16]                                          We relied on data provided by the petitioner for purposes of measuring industry support.[17] 

                    On December 30, 2024, we received timely filed comments on industry support from Tesla, Inc. (Tesla), a U.S. importer of active anode material.[18]                                          On January 2, 2025, the petitioner responded to the comments from Tesla in a timely filed rebuttal submission.[19] 

                    Our review of the data provided in the Petition, the First General Issues Supplement, the Second General Issues Supplement, the Petitioner's Response, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.[20]                                          First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (                    *e.g.,*                     polling).[21]                                          Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.[22]                                          Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.[23]                                          Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.[24] 

## Allegations and Evidence of Material Injury and Causation

                    Section 773(a)(1)(B) of the Act states that the ITC “shall determine . . . whether there is a reasonable indication that the establishment of an industry in the United States is materially retarded by reason of imports of the subject merchandise.” The petitioner alleges that imports of subject merchandise sold at LTFV from China have materially retarded the establishment of the U.S. industry producing active anode material.[25]                                          The petitioner argues that that its production has been “modest” and has not stabilized and, therefore, the U.S. industry producing active anode material has not been established.[26]                                          To support its argument, the Petitioner examines the five factors [27]                                          considered by the ITC to determine if an industry is established,[28]                                          as set forth in the ITC's                     *AD/CVD Handbook.*[29]                                          If the ITC determines that an industry is not established, it then considers whether the performance of the industry reflects normal start-up difficulties or whether the imports of the subject merchandise have materially retarded the establishment of the industry.[30]                                          The petitioner contends that the domestic industry has performed substantially worse than what could reasonably be expected during normal start-up conditions, thereby demonstrating that the establishment of the domestic industry has been materially retarded by subject imports.[31]                                          The petitioner also alleges that, in the alternative, the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than LTFV.[32]                                          In addition, the petitioner alleges that subject imports from China exceed the negligibility threshold provided for under section 771(24)(A) of the Act.[33] 

                    The petitioner contends that the industry is materially retarded, or in the alternative, its injured condition is illustrated by a significant volume of subject imports; significant market share of subject imports; lost sales and revenues; underselling; low levels of production; and negative impact on financial performance.[34]                                          We assessed the allegations and supporting evidence regarding material retardation, or in the alternative, material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.[35] 

## Allegations of Sales at LTFV

                    The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate a LTFV investigation of imports of active anode material from China. The sources of data for the deductions and adjustments relating to U.S. price and                           ( print page 3795)                        normal value (NV) are discussed in greater detail in the China AD Initiation Checklist.                

## U.S. Price

                    The petitioner based export price (EP) on pricing information for the sale, or offer for sale, of active anode material produced in and exported from China.[36]                                          The petitioner did not make any adjustments to U.S. price to calculate a net ex-factory U.S. price.[37] 

## Normal Value

                    Commerce considers China to be an NME country.[38]                                          In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this LTFV investigation. Accordingly, we base NV on FOPs valued in a surrogate market economy country in accordance with section 773(c) of the Act.                

                    The petitioner claims that Malaysia is an appropriate surrogate country for China because it is a market economy that is at a level of economic development comparable to that of China and is a significant producer of comparable merchandise.[39]                                          The petitioner provided publicly available information from Malaysia to value all FOPs except labor.[40]                                          Consistent with Commerce's recent practice in cases involving Malaysia as a surrogate country,[41]                                          to value labor, the petitioner provided data from another surrogate country, Mexico.[42]                                          Based on the information provided by the petitioner, we believe it is appropriate to use Malaysia as a surrogate country for China to value all FOPs except labor and Mexico to value labor for initiation purposes.                

Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination.

## Factors of Production

                    Because information regarding the volume of inputs consumed by Chinese producers/exporters was not reasonably available, the petitioner used product-specific consumption rates from a U.S. producer of active anode material as a surrogate to value Chinese manufacturers' FOPs.[43]                                          Additionally, the petitioner calculated factory overhead, selling, general, and administrative expenses, and profit based on the experience of a Malaysian producer of comparable merchandise.[44] 

## Fair Value Comparisons

                    Based on the data provided by the petitioner, there is reason to believe that imports of active anode material from China are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for active anode material from China covered by this initiation range from 823.40 to 915.74 percent.[45] 

## Initiation of LTFV Investigation

Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating a LTFV investigation to determine whether imports of active anode material are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation.

## Respondent Selection

                    In the Petition, the petitioner identified 30 companies in China as producers and/or exporters of active anode material.[46]                                          Our standard practice for respondent selection in AD investigations involving NME countries is to select respondents based on quantity and value (Q&V) questionnaires in cases where Commerce has determined that the number of companies is large, and it cannot individually examine each company based upon its resources. Therefore, considering the number of producers and/or exporters identified in the Petition, Commerce will solicit Q&V information that can serve as a basis for selecting exporters for individual examination in the event that Commerce determines that the number is large and decides to limit the number of respondents individually examined pursuant to section 777A(c)(2) of the Act. Because there are 30 Chinese producers and/or exporters identified in the Petition, Commerce has determined that it will issue Q&V questionnaires to the largest producers and/or exporters in China that are identified in the U.S. Customs and Border Protection POI entry data for which there is complete address information on the record.[47] 

                    Commerce will post the Q&V questionnaires along with filing instructions on Commerce's website at                     *https://www.trade.gov/​ec-adcvd-case-announcements.*                     Producers/exporters of active anode material from China that do not receive Q&V questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Commerce's website. Responses to the Q&V questionnaire must be submitted by the relevant Chinese producers/exporters no later than 5:00 p.m. ET on January 21, 2025, which is two weeks from the signature date of this notice. All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above.                

                    Interested parties must submit applications for disclosure under administrative protective order (APO) in accordance with 19 CFR 351.305(b). As stated above, instructions for filing such applications may be found on Commerce's website at                     *https://www.trade.gov/​administrative-protective-orders.*

## Separate Rates

                    In order to obtain separate rate status in an NME investigation, exporters and producers must submit a separate rate application. The specific requirements for submitting a separate rate                           ( print page 3796)                        application in an NME investigation are outlined in detail in the application itself, which is available on Commerce's website at                     *https://access.trade.gov/​Resources/​nme/​nme-sep-rate.html.*                     The separate rate application will be due 30 days after publication of this initiation notice. Exporters and producers must file a timely separate rate application if they want to be considered for individual examination. Exporters and producers who submit a separate rate application and have been selected as mandatory respondents will be eligible for consideration for separate rate status only if they respond to all parts of Commerce's AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response both to the Q&V questionnaire and to the separate rate application by the respective deadlines to receive consideration for separate rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration.                

## Use of Combination Rates

Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states:

                        {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that {Commerce} will now assign in its NME investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the {weighted average} of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question                         *and*                         produced by a firm that supplied the exporter during the period of investigation.[48] 

## Distribution of Copies of the Petition

In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the Government of China via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

## ITC Notification

Commerce will notify the ITC of our initiation, as required by section 732(d) of the Act.

## Preliminary Determination by the ITC

                    The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of active anode material from China materially retard the establishment of a U.S. industry, or that such imports are materially injuring, or threatening material injury to, a U.S. industry.[49]                                          A negative ITC determination will result in the investigation being terminated.[50]                                          Otherwise, this LTFV investigation will proceed according to statutory and regulatory time limits.                

## Submission of Factual Information

                    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Section 351.301(b) of Commerce's regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted [51]                                          and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.[52]                                          Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation.                

## Extensions of Time Limits

                    Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce.[53]                                          For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce's regulations concerning the extension of time limits and the                     *Time Limits Final Rule*                     prior to submitting factual information in this investigation.[54] 

## Certification Requirements

                    Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.[55]                                          Parties must use the certification formats provided in 19 CFR 351.303(g).[56]                                          Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.                

## Notification to Interested Parties

                    Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (                    *e.g.,*                     by filing the required                           ( print page 3797)                        letter of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[57] 

This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c).

Dated: January 7, 2025.

Steven Presing,

Acting Deputy Assistant Secretary for Policy and Negotiations.

# Appendix—Scope of the Investigation

The merchandise covered by this investigation is active anode material, which is an anode grade graphite material with a graphite minimum purity content of 90 percent carbon by weight, whether containing synthetic graphite, natural graphite, or a blend of synthetic and natural graphite; with or without coating. Subject merchandise may be in the form of powder, dry, liquid, or block form and is covered irrespective of the form in which it enters. Subject merchandise typically has a maximum size of 80 microns when in powder form. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80 percent or greater, where graphitization refers to the extent of the graphite crystal structure.

                        Subject merchandise is covered regardless of whether it is mixed with silicon based active materials,                         *e.g.,*                         silicon-oxide (SiOx), silicon-carbon (SiC), or silicon, or additives such as carbon black or carbon nanotubes. Subject merchandise is covered regardless of the combination of compounds that comprise the graphite material. Subject merchandise is covered regardless of whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode. Only the anode grade graphite material is covered when entered as part of a mixture with silicon based active materials, as part of a compound, in a batter, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.                    

Active anode material subject to the investigation may be classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject merchandise may also enter under HTSUS subheadings 2504.10.1000 and 3801.90.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive.

# Footnotes

1.                             The members of the American Active Anode Material Producers are Anovion Technologies, Syrah Technologies LLC, NOVONIX Anode Materials LLC, Epsilon Advanced Materials, and SKI US, Inc.                    
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2.                                                     *See*                         Petitioner's Letter, “Petition for the Imposition of Antidumping and Countervailing Duties,” dated December 18, 2024 (Petition).                    
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3.                                                     *Id.*
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4.                                                     *See*                         Commerce's Letters, “Supplemental Questions,” dated December 20, 2024 (General Issues Questionnaire); and “Supplemental Questions,” dated December 20, 2024;                         *see also*                         Memorandum, “Phone Call with Counsel to the Petitioner,” dated January 2, 2025.                    
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5.                                                     *See*                         Petitioner's Letters, “Response to Supplemental Questions Regarding Common Issues and Injury Volume I of the Petitions,” dated December 27, 2024 (First General Issues Supplement); “Response to Supplemental Petition Questionnaire,” dated December 27, 2024; and “Response to Supplemental Questions Regarding Volume I of the Petitions,” dated January 3, 2025 (Second General Issues Supplement).                    
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6.                                                     *See*                         section on “Determination of Industry Support for the Petition,”                         *infra*.                    
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7.                                                     *See*                         General Issues Questionnaire;                         *see also*                         January 3, 2025, Memorandum.                    
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8.                                                     *See*                         First General Issues Supplement at 2-5;                         *see also*                         Second General Issues Supplement at 1-6 and Exhibits I-Supp2-1 through I-Supp2-3.                    
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9.                                                     *See Antidumping Duties; Countervailing Duties, Final Rule,*62 FR 27296, 27323 (May 19, 1997) (                        *Preamble*);                         *see also*19 CFR 351.312.                    
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10.                                                     *See*19 CFR 351.102(b)(21) (defining “factual information”).                    
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11.                                                     *See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures,*76 FR 39263 (July 6, 2011);                         *see also Enforcement and Compliance: Change of Electronic Filing System Name,*79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at                         *https://access.trade.gov/​help.aspx*                         and a handbook can be found at                         *https://access.trade.gov/​help/​Handbook_​on_​Electronic_​Filing_​Procedures.pdf*.                    
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12.                                                     *See*                         section 771(10) of the Act.                    
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13.                                                     *See USEC, Inc.*                         v.                         *United States,*                         132 F. Supp. 2d 1, 8 (CIT 2001) (citing                         *Algoma Steel Corp., Ltd.*                         v.                         *United States,*                         688 F. Supp. 639, 644 (CIT 1988),                         *aff'd Algoma Steel Corp., Ltd.*                         v.                         *United States,*                         865 F.2d 240 (Fed. Cir. 1989)).                    
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14.                             For a discussion of the domestic like product analysis as applied to this case and information regarding industry support,                         *see*                         Checklist, “Antidumping Duty Investigation Initiation Checklist: Active Anode Material from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (China AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Active Anode Material from the People's Republic of China (Attachment II). This checklist is on file electronically via ACCESS.                    
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15.                                                     *See*                         Attachment II of the China AD Initiation Checklist.                    
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16.                                                     *Id.*
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17.                             For further discussion,                         *see*                         Attachment II of the China AD Initiation Checklist.                    
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18.                                                     *See*                         Tesla's Letter, “Request to Reject the Petition or to Poll the Industry,” dated December 30, 2024.                    
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19.                                                     *See*                         Petitioner's Letter, “Rebuttal Industry Support Comments,” dated January 2, 2025 (Petitioner's Response).                    
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20.                                                     *See*                         Attachment II of the China AD Initiation Checklist.                    
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21.                                                     *Id.; see also*                         section 732(c)(4)(D) of the Act.                    
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22.                                                     *See*                         Attachment II of the China AD Initiation Checklist.                    
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23.                                                     *Id.*
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24.                                                     *Id.*
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25.                             For a discussion of the material retardation allegation,                         *see*                         China AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Retardation, Material Injury, and Causation for the Antidumping and Countervailing Duty Petitions Covering Active Anode Material from the People's Republic of China (Attachment III).                    
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26.                                                     *See*                         Attachment III of the China AD Checklist.                    
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27.                             For a discussion of the factors related to whether an industry is established,                         *see*                         Attachment III of the China AD Initiation Checklist.                    
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28.                                                     *Id.*
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29.                                                     *See Antidumping and Countervailing Duty Handbook*                         (14th Ed.), USITC Pub. 4540 (June 2015) at II-33.                    
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30.                                                     *Id.*
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31.                                                     *See*                         Attachment III of the China AD Initiation Checklist.                    
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32.                                                     *Id.*
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33.                                                     *Id.*
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34.                                                     *Id.*
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35.                                                     *Id.*
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36.                                                     *See*                         China AD Initiation Checklist.                    
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37.                                                     *Id.*
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38.                                                     *See, e.g.,**Certain Freight Rail Couplers and Parts Thereof from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances,*88 FR 15372 (March 13, 2023), and accompanying Preliminary Decision Memorandum at 5, unchanged in                         *Certain Freight Rail Couplers and Parts Thereof from the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination of Critical Circumstances,*88 FR 34485 (May 30, 2023).                    
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39.                                                     *See*                         China AD Initiation Checklist.                    
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40.                                                     *Id.*
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41.                                                     *See, e.g.,**Certain Collated Steel Staples from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2021-2022,*88 FR 85242 (December 7, 2023), and accompanying Issues and Decision Memorandum (IDM) at Comment 2; and                         *Light-Walled Rectangular Pipe and Tube from the People's Republic of China: Final Results of Antidumping Duty Administrative Review,*88 FR 15671 (March 14, 2023), and accompanying IDM at Comment 2.                    
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42.                                                     *See*                         China AD Initiation Checklist.                    
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43.                                                     *Id.*
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44.                                                     *Id.*
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45.                                                     *Id.*
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46.                                                     *See*                         Petition at Volume I (page 6 and Exhibit I-9);                         *see also*                         First General Issues Supplement at 1-2 and Exhibit I-Supp-1.                    
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47.                                                     *See*                         Memorandum, “Release of U.S. Customs and Border Protection Entry Data,” dated January 7, 2025.                    
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48.                                                             *See*                             Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving NME Countries,” (April 5, 2005), at 6 (emphasis added), available on Commerce's website at                             *https://access.trade.gov/​Resources/​policy/​bull05-1.pdf.*
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49.                                                     *See*                         section 733(a) of the Act.                    
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50.                                                     *Id.*
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51.                                                     *See*19 CFR 351.301(b).                    
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52.                                                     *See*19 CFR 351.301(b)(2).                    
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53.                                                     *See*19 CFR 351.301;                         *see also Extension of Time Limits; Final Rule,*78 FR 57790 (September 20, 2013) (                        *Time Limits Final Rule*), available at                         *https://www.gpo.gov/​fdsys/​pkg/​FR-2013-09-20/​html/​2013-22853.htm.*
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54.                                                     *See*19 CFR 351.302;                         *see also, e.g., Time Limits Final Rule.*
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55.                                                     *See*                         section 782(b) of the Act.                    
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56.                                                     *See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings,*78 FR 42678 (July 17, 2013) (                        *Final Rule*). Additional information regarding the                         *Final Rule*                         is available at                         *https://access.trade.gov/​Resources/​filing/​index.html.*
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57.                                                     *See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,*88 FR 67069 (September 29, 2023).                    
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[FR Doc. 2025-00656 Filed 1-14-25; 8:45 am]

BILLING CODE 3510-DS-P