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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 


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7See General Issues Questionnaire; see also 

January 3, 2025, Memorandum. 

8See 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. 

9See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See 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. 

12See section 771(10) of the Act. 

13See 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)). 

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 


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14For 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. 

15See Attachment II of the China AD Initiation 

Checklist. 

16 Id. 

17For further discussion, see Attachment II of the 

China AD Initiation Checklist. 

18See Tesla’s Letter, ‘‘Request to Reject the 

Petition or to Poll the Industry,’’ dated December 

30, 2024. 

19See Petitioner’s Letter, ‘‘Rebuttal Industry 

Support Comments,’’ dated January 2, 2025 

(Petitioner’s Response). 

20See Attachment II of the China AD Initiation 

Checklist. 

21 Id.; see also section 732(c)(4)(D) of the Act. 

22See Attachment II of the China AD Initiation 

Checklist. 

23 Id. 

24 Id. 

25For 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). 

26See Attachment III of the China AD Checklist. 

27For a discussion of the factors related to 

whether an industry is established, see Attachment 

III of the China AD Initiation Checklist. 28 Id. 

29See Antidumping and Countervailing Duty 

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

at II–33. 

30 Id. 

31See Attachment III of the China AD Initiation 

Checklist. 

32 Id. 

33 Id. 

34 Id. 

35 Id. 

‘‘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 


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36See China AD Initiation Checklist. 

37 Id. 

38See, 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 LessThan-Fair Value and Final Affirmative 

Determination of Critical Circumstances, 88 FR 

34485 (May 30, 2023). 

39See China AD Initiation Checklist. 

40 Id. 

41See, 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. 

42See China AD Initiation Checklist. 

43 Id. 

44 Id. 

45 Id. 

46See Petition at Volume I (page 6 and Exhibit 

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

2 and Exhibit I–Supp–1. 

47See Memorandum, ‘‘Release of U.S. Customs 

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

2025. 

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 productspecific 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-caseannouncements. 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/administrativeprotective-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 


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3796 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

48See 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. 

49See section 733(a) of the Act. 

50 Id. 

51See 19 CFR 351.301(b). 

52See 19 CFR 351.301(b)(2). 

53See 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. 

54See 19 CFR 351.302; see also, e.g., Time Limits 

Final Rule. 

55See section 782(b) of the Act. 

56See 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. 

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 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 3797 

57See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

1See Certain Cold-Rolled Steel Flat Products from 

the Republic of Korea: Preliminary Results of 

Antidumping Duty Administrative Review; 2022– 

2023, 89 FR 82218 (October 10, 2024) (Preliminary 

Results), and accompanying Preliminary Decision 

Memorandum. 2 Id., 89 FR at 82219. 3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated December 9, 2024. 4See Certain Cold-Rolled Steel Flat Products from 

Brazil, India, the Republic of Korea, and the United 

Kingdom: Amended Final Affirmative Antidumping 

Determinations for Brazil and the United Kingdom 

and Antidumping Duty Orders, 81 FR 64432 

(September 20, 2016) (Order). 

5See Albemarle Corp. v. United States, 821 F.3d 

1345 (Fed. Cir. 2016) (Albemarle). 

6See Certain Cold-Rolled Steel Flat Products from 

the Republic of Korea: Preliminary Results of 

Antidumping Duty Administrative Review; 2020– 

2021, 87 FR 60989 (October 7, 2022). 

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. 

[FR Doc. 2025–00656 Filed 1–14–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–881] 

Certain Cold-Rolled Steel Flat Products 

From the Republic of Korea: Final 

Results of Antidumping Duty 

Administrative Review; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

certain cold-rolled steel flat products 

(cold-rolled steel) from the Republic of 

Korea (Korea) was not sold in the 

United States at less than normal value 

during the period of review (POR) 

September 1, 2022, through August 31, 

2023. 

DATES: Applicable January 15, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Caroline Carroll, AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4948. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 10, 2024, Commerce 

published the Preliminary Results in the 

Federal Register.1 We invited interested 

parties to comment on the Preliminary 

Results; 2 however, no interested party 

submitted comments. Accordingly, the 

final results remain unchanged from the 

Preliminary Results and, thus, there are 

no memoranda accompanying this 

Federal Register notice. On December 9, 

2024, Commerce tolled the deadline to 

issue the final results in this 

administrative review by 90 days.3

Accordingly, the deadline for these final 

results is now May 8, 2025. Commerce 

conducted this administrative review in 

accordance with section 751 of the 

Tariff Act of 1930, as amended (the Act). 

Scope of the Order 4

The product covered by the Order is 

cold-rolled steel from Korea. For a 

complete description of the scope of the 

Order, see the Preliminary Results. 

Rate for Non-Examined Company 

Generally, Commerce looks to section 

735(c)(5) of the Act, which provides 

instructions for calculating the allothers rate in a less-than-fair-value 

(LTFV) investigation, for guidance when 

determining the weighted-average 

dumping margin for respondents that 

were not individually examined in an 

administrative review. Section 

735(c)(5)(A) of the Act provides that the 

all-others rate should normally be 

calculated by weight averaging the 

weighted-average dumping margins 

determined for individually examined 

respondents, excluding rates that are 

zero, de minimis, or based entirely on 

facts available. 

In this review, we calculated dumping 

margins of zero percent for the two 

mandatory respondents, Hyundai Steel 

Company (Hyundai) and POSCO/ 

POSCO International Corporation 

(POSCO). Consistent with the U.S. Court 

of Appeals for the Federal Circuit’s 

decision in Albemarle,5 and 

Commerce’s practice,6 we assigned the 

sole non-selected company under 

review, KG Dongbu Steel Co., Ltd. (KG 

Dongbu), a margin of zero percent, 

based on the rates calculated for 

Hyundai and POSCO, pursuant to 

section 735(c)(5)(B) of the Act. 

Final Results of Review 

We determine that the following 

estimated weighted-average dumping 

margins exist for the period of 

September 1, 2022, through August 31, 

2023: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Hyundai Steel Company ............. 0.00 

POSCO/POSCO International 

Corporation ............................. 0.00 

KG Dongbu Steel Co., Ltd ......... 0.00 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with the final 

results of review within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of the notice 

of final results in the Federal Register, 


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