[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54561-54563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22109]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes from the People's Republic of
China: Amended Preliminary Determination of Sales at Less Than Fair
Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 22, 2008.
SUMMARY: On August 21, 2008, the Department of Commerce (the
Department) published the preliminary determination of sales at less
than fair value (LTFV) in the antidumping investigation of small
diameter graphite electrodes (graphite electrodes) from the People's
Republic of China (PRC). See Small Diameter Graphite Electrodes From
the People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value, Postponement of Final Determination, and
Affirmative Preliminary Determination of Critical Circumstances, in
Part, 73 FR 49408 (August 21, 2008) (Preliminary Determination). We are
amending our Preliminary Determination to correct certain ministerial
errors with respect to the antidumping duty margin calculation for the
Fangda Group.\1\ The corrections to the Fangda Group's margin also
affect the margin applied to companies receiving a separate rate.
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\1\ The Fangda Group consists of Fangda Carbon New Material Co.,
Ltd., Beijing Fangda Carbon Tech Co., Ltd., Fushun Carbon Co., Ltd.,
and Chengdu Rongguang Carbon Co., Ltd.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Drew Jackson, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
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4162 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION: On August 21, 2008, the Department published
in the Federal Register the preliminary determination that graphite
electrodes from the PRC are being, or are likely to be, sold in the
United States at LTFV, as provided in section 733 of the Tariff Act of
1930, as amended (the ``Act''). See Preliminary Determination.
On August 25, 2008, the Fangda Group, as well as SGL Carbon LLC and
Superior Graphite Co. (collectively ``petitioners'') filed timely
allegations of ministerial errors in the Department's preliminary
calculation of the Fangda Group's dumping margin. On August 26, 2008,
petitioners submitted a ministerial error allegation with respect to
Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly). On August
28, 2008, per the Department's request, petitioners submitted
information regarding the affect the alleged errors have on the dumping
margin calculated for the Fangda Group.
After reviewing the allegations, we have determined that the
Preliminary Determination included significant ministerial errors.
Therefore, in accordance with section 351.224(e) of the Department's
regulations, we have made changes, as described below, to the
Preliminary Determination.
Period of Investigation
The period of investigation (POI) is July 1, 2007, through December
31, 2007. This period corresponds to the two most recent fiscal
quarters prior to the month of the filing of the petition, January
2008. See section 351.204(b)(1) of the Department's regulations.
[[Page 54562]]
Scope of Investigation
The merchandise covered by this investigation includes all small
diameter graphite electrodes of any length, whether or not finished, of
a kind used in furnaces, with a nominal or actual diameter of 400
millimeters (16 inches) or less, and whether or not attached to a
graphite pin joining system or any other type of joining system or
hardware. Small diameter graphite electrodes are most commonly used in
primary melting, ladle metallurgy, and specialty furnace applications
in industries including foundries, smelters, and steel refining
operations. Small diameter graphite electrodes subject to this
investigation are currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 8545.11.0000. The
HTSUS number is provided for convenience and customs purposes, but the
written description of the scope is dispositive.
Significant Ministerial Error
Ministerial errors are defined in section 735(e) of the Act as
``errors in addition, subtraction, or other arithmetic function,
clerical errors resulting from inaccurate copying, duplication, or the
like, and any other type of unintentional error which the administering
authority considers ministerial.'' Section 351.224(e) of the
Department's regulations provides that the Department ``will analyze
any comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination . . . .'' A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination, or
(2) a difference between a weighted-average dumping margin of zero or
de minimis and a weighted-average dumping margin of greater than de
minimis or vice versa. See section 351.224(g) of the Department's
regulations.
Ministerial Error Allegations
The petitioners allege that, with respect to the Fangda Group, the
Department: (1) did not deduct marine insurance from U.S. prices and
used the wrong surrogate value for marine insurance; (2) incorrectly
excluded packing costs from normal value and used the wrong surrogate
value for wooden boards (a packing material); (3) deducted from U.S.
prices only a truncated value, not the complete value, of foreign
brokerage and handling expenses; (4) incorrectly relied on Indian
import data for the period July 1, 2007 through December 1, 2007,
instead of July 1, 2007 through December 31, 2007; (5) did not include
the cost of self-produced calcined petroleum coke in direct material
costs, and (6) incorrectly classified the baking scrap and graphite
scrap that were reused in the production process as by-product offsets,
rather than direct materials. With respect to Fushun Jinly, petitioners
reiterated their allegation that the Department incorrectly relied on
Indian import data for the period July 1, 2007 through December 1,
2007, instead of July 1, 2007 through December 31, 2007. The Fangda
Group alleges that the Department inadvertently assigned raw petroleum
coke the surrogate value for calcined petroleum coke and failed to
convert this surrogate value from rupees to U.S. dollars.
Amended Preliminary Determination
We have determined that the Department made certain ministerial
errors in calculating the preliminary dumping margin for the Fangda
Group by failing to: (1) properly deduct marine insurance and brokerage
and handling expenses from U.S. prices, (2) properly include the cost
of packing and raw petroleum coke in normal value, and (3) properly
treat the cost of baking and graphite scrap. These ministerial errors,
in combination, qualify as significant ministerial errors pursuant to
section 351.224(g) of the Department's regulations because they result
in a change of more than five absolute percentage points to the Fangda
Group's dumping margin. Accordingly, we have corrected errors alleged
by petitioners and the Fangda Group. We found no ministerial errors
with respect to Fushun Jinly. See Memorandum to Abdelali Elouaradia
from Magd Zalok and Drew Jackson, Analysts, Allegation of Ministerial
Errors, dated concurrently with this Federal Register notice.
As a result of correcting the above errors in the Fangda Group's
dumping margin calculation, the dumping margin for the companies
granted separate-rate status must also be revised because the dumping
margin for those companies was partially derived from the Fangda
Group's dumping margin.
As a result of corrections of ministerial errors, the revised
weight-average dumping margins are as follows:
------------------------------------------------------------------------
Exporter & Producer Weighted-Average Margin
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Fushun Carbon Co., Ltd.................... 48.20%
Produced by: Fushun Carbon Co.,
Ltd..............................
Fangda Carbon New Material Co., Ltd....... 48.20%
Produced by: Fangda Carbon New
Material Co., Ltd................
Beijing Fangda Carbon Tech Co., Ltd....... 48.20%
Produced by: Chengdu Rongguang
Carbon Co., Ltd.; Fangda Carbon..
New Material Co., Ltd.; or Fushun
Carbon Co., Ltd..................
Chengdu Rongguang Carbon Co., Ltd......... 48.20%
Produced by: Chengdu Rongguang
Carbon Co., Ltd..................
Jilin Carbon Import and Export Company.... 90.50%
Produced by: Sinosteel Jilin
Carbon Co., Ltd..................
Guanghan Shida Carbon Co., Ltd............ 90.50%
Produced by: Guanghan Shida Carbon
Co., Ltd.........................
Nantong River-East Carbon Joint Stock Co., 90.50%
Ltd......................................
Produced by: Nantong River-East
Carbon Co., Ltd.; or Nantong.....
Yangzi Carbon Co., Ltd............
Xinghe County Muzi Carbon Co. Ltd......... 90.50%
Produced by: Xinghe County Muzi
Carbon Co., Ltd..................
Brilliant Charter Limited................. 90.50%
Produced by: Nantong Falter New
Energy Co., Ltd.; or Shanxi......
Jinneng Group Co., Ltd............
Shijiazhuang Huanan Carbon Factory........ 90.50%
Produced by: Shijiazhuang Huanan
Carbon Factory...................
[[Page 54563]]
Shenyang Jinli Metals & Minerals Imp & Exp 90.50%
Co., Ltd.................................
Produced by: Shenyang Jinli Metals
& Minerals Imp. & Exp. Co., Ltd..
Shanghai Jinneng International Trade Co., 90.50%
Ltd......................................
Produced by: Shanxi Jinneng Group
Datong Energy Development Co.,
Ltd..............................
Dalian Thrive Metallurgy Import and Export 90.50%
Co., Ltd.................................
Produced by: Linghai Hongfeng
Carbon Products Co., Ltd.;
Tianzhen.........................
Jintian Graphite Electrodes Co.,
Ltd.; Jiaozuo Zhongzhou Carbon
Products Co., Ltd.; Heilongjiang
Xinyuan Carbon Products Co.,
Ltd.;............................
Xuzhou Jianglong Carbon
Manufacture Co., Ltd.; or Xinghe
Xinyuan Carbon Products Co., Ltd.
GES (China) Co., Ltd...................... 90.50%
Produced by: Shanghai GC Co.,
Ltd.; Fushun Jinli Petrochemical
Carbon Co., Ltd.; Xinghe County
Muzi Carbon Plant and Linyi
County Lubei Carbon Co., Ltd.
Shandong Province................
Qingdao Haosheng Metals & Minerals Imp & 90.50%
Exp Co., Ltd.............................
Produced by: Sinosteel Jilin
Carbon Co., Ltd..................
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The weight-average dumping margins for Fushun Jinly and the PRC-
wide entity have not changed from the margins determined in the
original preliminary determination. Those margins are as follows:
------------------------------------------------------------------------
Exporter & Producer Weighted-Average Margin
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., 132.80%
Ltd......................................
Produced by: Fushun Jinly
Petrochemical Carbon Co., Ltd....
PRC-Wide Rate............................. 159.34%
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Retroactive Application of Amended Preliminary Determination Margins
For the Fangda Group and the separate rate applicants, we will
instruct U.S. Customs and Border Protection (CBP) to require a cash
deposit or the posting of a bond equal to the applicable weighted-
average margins indicated above, for all entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after 90
days prior to the publication date of the Preliminary Determination,
August 21, 2008. For Fushun Jinly and the PRC-wide entity, we will
instruct CBP to require a cash deposit or the posting of a bond equal
to the applicable weighted-average margins indicated above, for all
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the Preliminary
Determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
International Trade Commission (``ITC'') of our amended preliminary
determination. If our final determination is affirmative, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of graphite electrodes, or sales (or the
likelihood of sales) for importation, of the merchandise under
investigation, within 45 days of our final determination.
This determination is issued and published in accordance with
sections 733(f), 735(a)(2), and 777(i) of the Act and sections
351.210(g) and 351.224(e) of the Department's regulations.
Dated: September 15, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-22109 Filed 9-19-08; 8:45 am]
BILLING CODE 3510-DS-S