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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3788-3792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00657]

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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\
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    \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.
    \2\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties,'' dated December 18, 2024 
(Petition).
    \3\ Id.
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    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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    \4\ See 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).
    \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 Questions Regarding 
Countervailing Duty Volume III of the Petitions,'' 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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[[Page 3789]]

    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\
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    \6\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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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\
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    \7\ See 19 CFR 351.204(b)(2).
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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.
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    \8\ See General Issues Questionnaire; see also January 2, 2025, 
Memorandum.
    \9\ 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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    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.
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    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    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.
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    \12\ 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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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.
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    \13\ See Commerce's Letter, ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition,'' dated December 19, 2024.
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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

[[Page 3790]]

decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ 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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    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\
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    \16\ For 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.
    \17\ See Attachment II of the China CVD Initiation Checklist.
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    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\
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    \18\ Id.
    \19\ For further discussion, see Attachment II of the China CVD 
Initiation Checklist.
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    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\
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    \20\ See Tesla's Letter, ``Request to Reject the Petition or to 
Poll the Industry,'' dated December 30, 2024.
    \21\ See Petitioner's Letter, ``Rebuttal Industry Support 
Comments,'' dated January 2, 2025 (Petitioner's Response).
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    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\
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    \22\ See Attachment II of the China CVD Initiation Checklist.
    \23\ Id.; see also section 702(c)(4)(D) of the Act.
    \24\ See Attachment II of the China CVD Initiation Checklist.
    \25\ Id.
    \26\ Id.
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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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    \27\ For 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.
    \29\ For a discussion of the factors related to whether an 
industry is established, see Attachment III of the China CVD 
Initiation Checklist.
    \30\ See Antidumping and Countervailing Duty Handbook (14th 
Ed.), USITC Pub. 4540 (June 2015) (AD/CVD Handbook), at II-33.
    \31\ Id.
    \32\ See Attachment III of the China CVD Initiation Checklist.
    \33\ Id.
    \34\ Id.

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[[Page 3791]]

    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\
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    \35\ Id.
    \36\ Id.
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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 company-specific 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.
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    \37\ See 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.
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    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.
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    \38\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated January 7, 2025.
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    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/administrative-protective-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.
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    \39\ See section 703(a)(1) of the Act.
    \40\ Id.
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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.
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    \41\ See 19 CFR 351.301(b).
    \42\ See 19 CFR 351.301(b)(2).
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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

[[Page 3792]]

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\
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    \43\ See 19 CFR 351.302.
    \44\ 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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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.
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    \45\ See section 782(b) of the Act.
    \46\ See 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.
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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\
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    \47\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    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
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