3788 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

1See Hard Empty Capsules from Brazil, the 

People’s Republic of China, India, and the Socialist 

Republic of Vietnam: Initiation of Countervailing 

Duty Investigations, 89 FR 91680 November 20, 

2024) (Initiation Notice). 

2The petitioner is Lonza Greenwood LLC. 

3See Petitioner’s Letter, ‘‘Lonza’s Request for 

Postponement of the Department’s Countervailing 

Duty Preliminary Determinations,’’ dated December 

16, 2024. 

4 Id. 

5Because the deadline for these preliminary 

results falls on the weekend (i.e., March 23, 2025), 

the deadline became the next business day (i.e., 

March 24, 2025). See Notice of Clarification: 

Application of ‘‘Next Business Day’’ Rule for 

Administrative Determination Deadlines Pursuant 

to the Tariff Act of 1930, As Amended, 70 FR 24533 

(May 10, 2005). 

1The 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. 

2See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated December 18, 2024 (Petition). 

3 Id. 

4See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated December 19, 2024; and 

‘‘Supplemental Questions,’’ dated December 20, 

2024 (General Issues Questionnaire); see also 

Memorandum, ‘‘Phone Call with Counsel to the 

Petitioner,’’ dated January 2, 2025 (January 2, 2025, 

Memorandum). 

5See 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 

Questions Regarding Countervailing Duty Volume 

III of the Petitions,’’ dated December 27, 2024; and 

‘‘Response to Supplemental Questions Regarding 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–351–865, C–533–935, C–552–848, C–570– 

185] 

Hard Empty Capsules From Brazil, the 

People’s Republic of China, India, and 

the Socialist Republic of Vietnam: 

Postponement of Preliminary 

Determinations in the Countervailing 

Duty Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 15, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak at (202) 482–3542 

(Brazil); Laura Delgado at (202) 482– 

1468 and John Conniff (202) 482–1009 

(the People’s Republic of China 

(China)); Gorden Struck at (202) 482– 

8151 (India), and Jonathan Schueler at 

(202) 482–9175 (the Socialist Republic 

of Vietnam (Vietnam)), AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 13, 2024, the U.S. 

Department of Commerce (Commerce) 

initiated countervailing duty (CVD) 

investigations of imports of Hard Empty 

Capsules (capsules) from Brazil, China, 

India, and Vietnam.1 Currently, the 

preliminary determinations are due no 

later than January 17, 2025. 

Postponement of Preliminary 

Determinations 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a CVD investigation 

within 65 days after the date on which 

Commerce initiated the investigation. 

However, section 703(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination in a CVD 

investigation until no later than 130 

days after the date on which Commerce 

initiated the investigation if: (A) the 

petitioner makes a timely request for a 

postponement; or (B) Commerce 

concludes that the parties concerned are 

cooperating, that the investigation is 

extraordinarily complicated, and that 

additional time is necessary to make a 

preliminary determination. Under 19 

CFR 351.205(e), the petitioner must 

submit a request for postponement 25 

days or more before the scheduled date 

of the preliminary determination and 

must state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On December 16, 2024, the 

petitioner 2 submitted a timely request 

that Commerce postpone the 

preliminary CVD determinations.3 The 

petitioner stated that postponement of 

the preliminary determinations is 

necessary because the current schedule 

does not provide Commerce with 

adequate time to fully analyze the 

forthcoming questionnaire responses of 

the mandatory respondents and issue 

supplemental questionnaires, as 

necessary.4

In accordance with 19 CFR 

351.205(e), the petitioner submitted its 

request for postponement of the 

preliminary determinations in these 

investigations 25 days or more before 

the scheduled date of the preliminary 

determinations and stated the reasons 

for its request. Commerce finds no 

compelling reason to deny the request. 

Therefore, in accordance with section 

703(c)(1)(A) of the Act, Commerce is 

postponing the deadline for the 

preliminary determinations in these 

investigations to no later than 130 days 

after the date on which it initiated these 

investigations, i.e., March, 24, 2025.5

Pursuant to section 705(a)(1) of the Act 

and 19 CFR 351.210(b)(1), the deadline 

for the final determinations of these 

investigations will continue to be 75 

days after the date of the preliminary 

determinations. 

This notice is issued and published 

pursuant to section 703(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: December 19, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2025–00658 Filed 1–14–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–195] 

Active Anode Material From the 

People’s Republic of China: Initiation 

of Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 7, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Gorden Struck, 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) 482–8151. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On December 18, 2024, the U.S. 

Department of Commerce (Commerce) 

received a countervailing duty (CVD) 

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 CVD 

Petition was accompanied by an 

antidumping duty (AD) petition 

concerning imports of active anode 

material from China.3

Between December 19, 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


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Volume I of the Petitions,’’ dated January 3, 2025 

(Second General Issues Supplement). 6See section on ‘‘Determination of Industry 

Support for the Petition,’’ infra. 7See 19 CFR 351.204(b)(2). 8See General Issues Questionnaire; see also 

January 2, 2025, Memorandum. 9See 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. 

10See Antidumping Duties; Countervailing 

Duties; Final Rule, 62 FR 27296, 27323 (May 19, 

1997) (Preamble). 

11See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

12See 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. 

13See Commerce’s Letter, ‘‘Invitation for 

Consultation to Discuss the Countervailing Duty 

Petition,’’ dated December 19, 2024. 

14See section 771(10) of the Act. 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of China (GOC) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of active 

anode material in China, 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 threatening 

material injury to, the active anode 

material industry in the United States. 

Consistent with section 702(b)(1) of the 

Act and 19 CFR 351.202(b), for those 

alleged programs on which we are 

initiating a CVD investigation, 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 with respect to the initiation of 

the requested CVD investigation.6

Period of Investigation 

Because the Petition was filed on 

December 18, 2024, the period of 

investigation for the CVD investigation 

is January 1, 2023, through December 

31, 2023.7

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.8 On December 27, 2024 

and January 3, 2025, the petitioner 

provided clarifications and revised the 

scope.9 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).10 Commerce will consider 

all 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, all such 

factual information should be limited to 

public information.11 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 the investigation 

be submitted during that time 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 AD 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.12 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the GOC of the receipt of the Petition 

and provided an opportunity for 

consultations with respect to the 

Petition.13 The GOC did not request 

consultations. 

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(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 702(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,14 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 


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3790 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

15See 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)). 

16For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Checklist, 

‘‘Countervailing Duty Investigation Initiation 

Checklist: Active Anode Material from the People’s 

Republic of China,’’ dated concurrently with, and 

hereby adopted by, this notice (China CVD 

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. 

17See Attachment II of the China CVD Initiation 

Checklist. 

18 Id. 

19For further discussion, see Attachment II of the 

China CVD Initiation Checklist. 

20See Tesla’s Letter, ‘‘Request to Reject the 

Petition or to Poll the Industry,’’ dated December 

30, 2024. 

21See Petitioner’s Letter, ‘‘Rebuttal Industry 

Support Comments,’’ dated January 2, 2025 

(Petitioner’s Response). 

22See Attachment II of the China CVD Initiation 

Checklist. 

23 Id.; see also section 702(c)(4)(D) of the Act. 

24See Attachment II of the China CVD Initiation 

Checklist. 

25 Id. 

26 Id. 

27For a discussion of the petitioner’s injury 

allegation, see China CVD 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). 

28 Id. 

29For a discussion of the factors related to 

whether an industry is established, see Attachment 

III of the China CVD Initiation Checklist. 

30See Antidumping and Countervailing Duty 

Handbook (14th Ed.), USITC Pub. 4540 (June 2015) 

(AD/CVD Handbook), at II–33. 

31 Id. 

32See Attachment III of the China CVD Initiation 

Checklist. 

33 Id. 

34 Id. 

decision of either agency contrary to 

law.15

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 

‘‘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.16 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.17

In determining whether the petitioner 

has standing under section 702(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.18 We relied on data provided 

by the petitioner for purposes of 

measuring industry support.19

On December 30, 2024, we received 

timely filed comments on industry 

support from Tesla, Inc. (Tesla), a U.S. 

importer of active anode material.20 On 

January 2, 2025, the petitioner 

responded to the comments from Tesla 

in a timely filed rebuttal submission.21

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.22 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).23 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(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.24 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(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.25 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 702(b)(1) of the 

Act.26

Injury Test 

Because China is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from China 

materially injure, or threaten material 

injury to, a U.S. industry, or whether the 

establishment of a U.S. industry is 

materially retarded, by reason of 

imports of the subject merchandise from 

China. 

Allegations and Evidence of Material 

Injury and Causation 

Section 703(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 are 

benefiting from countervailable 

subsidies and that such imports are 

materially retarding the establishment of 

the U.S. industry producing active 

anode material.27 The petitioner argues 

that its production has been ‘‘modest’’ 

and has not stabilized and, therefore, 

the U.S. industry producing active 

anode material has not been 

established.28 To support its argument, 

the petitioner examined the five 

factors 29 the ITC considers to determine 

if an industry is established, as set forth 

in the ITC’s AD/CVD Handbook.30 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.31 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.32 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 benefitting from 

countervailable subsidies.33 In addition, 

the petitioner alleges that subject 

imports exceed the negligibility 

threshold provided under section 

771(24)(A) of the Act.34


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35 Id. 36 Id. 37See Petition at Volume I (pages 6–7 and Exhibit 

I–9); see also First General Issues Supplement at 1– 

2 and Exhibit I–Supp–1. 

38See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated January 7, 

2025. 

39See section 703(a)(1) of the Act. 

40 Id. 

41See 19 CFR 351.301(b). 42See 19 CFR 351.301(b)(2). 43See 19 CFR 351.302. 

The petitioner contends that the 

industry’s materially retarded, or in the 

alternative, 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.35 We assessed 

the allegations and supporting evidence 

regarding material retardation, 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.36

Initiation of CVD Investigation 

Based upon the examination of the 

Petition and supplemental responses, 

we find that they meet the requirements 

of section 702 of the Act. Therefore, we 

are initiating a CVD investigation to 

determine whether imports of active 

anode material from China benefit from 

countervailable subsidies conferred by 

the GOC. In accordance with section 

703(b)(1) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determination no 

later than 65 days after the date of this 

initiation. 

Based on our review of the Petition, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 34 of the 36 programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

China CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Respondent Selection 

In the Petition, the petitioner 

identified 30 companies in China as 

producers and/or exporters of active 

anode material.37 Commerce intends to 

follow its standard practice in CVD 

investigations and calculate companyspecific subsidy rates in this 

investigation. In the event that 

Commerce determines that the number 

of companies is large and it cannot 

individually examine each company 

based on Commerce’s resources, 

Commerce normally selects mandatory 

respondents in CVD investigations using 

U.S. Customs and Border Protection 

(CBP) entry data for U.S. imports under 

the appropriate Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading(s) listed in the ‘‘Scope of the 

Investigation’’ in the appendix. 

On January 7, 2025, Commerce 

released CBP data on imports of active 

anode material from China under 

administrative protective order (APO) to 

all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

on CBP data and/or respondent 

selection must do so within three 

business days of the publication date of 

the notice of initiation of this 

investigation.38 Comments must be filed 

electronically using ACCESS. An 

electronically-filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://www.trade.gov/administrativeprotective-orders. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petition has been provided to the 

GOC 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 its 

initiation, as required by section 702(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 subject imports are 

materially injuring, or threatening 

material injury to, a U.S. industry.39 A 

negative ITC determination will result 

in the investigation being terminated.40

Otherwise, this CVD 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 of 

production 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 41 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.42 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.43 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 


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44See 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. 

45See section 782(b) of the Act. 

46See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

47See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

1The 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. 2See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated December 18, 2024 (Petition). 3 Id. 

4See 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. 5See 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). 

6See section on ‘‘Determination of Industry 

Support for the Petition,’’ infra. 

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.44

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.45

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).46 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 

letters of appearance). Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).47

This notice is issued and published 

pursuant to sections 702 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. 

[FR Doc. 2025–00657 Filed 1–14–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–194] 

Active Anode Material From the 

People’s Republic of China: Initiation 

of Less-Than-Fair-Value Investigation 

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 


lotter on DSK11XQN23PROD with NOTICES1