China Small Diameter Graphite Electrodes: Initiation of AD Duty Anticircumvention Inquiry
The International Trade Administration is initiating an anticircumvention inquiry to determine, under the minor alterations provision, whether graphite electrodes with diameters larger than 16 inches but less than 18 inches are products that are “altered in form or appearance in minor respects” from in-scope merchandise such that they may be considered subject to the antidumping duty order on small diameter graphite electrodes from China (A-570-929) (the scope of the order only includes graphite electrodes with diameters of 16 inches or less). The ITA also said it is initiating an anticircumvention inquiry to determine whether such products are later-developed merchandise subject to the order.
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In the petition, SGL Carbon LLC and Superior Graphite Co. said that, prior to imposition of the small diameter graphite electrodes order, no U.S. or Chinese producer manufactured 17-inch graphite electrodes or other non-even sizes (e.g., 16 ½ inch). Instead, the petitioners said, standard sizes of small diameter graphite electrodes above 10 inches were produced only in even inch sizes (i.e., 10, 12, 14, 16). The petitioners said certain Chinese producers are now exporting graphite electrodes to the U.S. with diameters that are slightly larger in diameter than the 16-inch maximum specified in the scope of the small diameter graphite electrodes order in order to evade payment of AD duties.
The ITA said its inquiry will cover the following producers: Jilin Carbon, Beijing Fangda Carbon-Tech Co., Ltd., Fangda Carbon New Material Co., Ltd., and Fushun Jinly Petrochemical Carbon.
The ITA said there is sufficient basis to initiate an AD anticircumvention inquiry to determine whether the merchandise: (1) was altered in form or appearance in minor respects; and/or (2) is later-developed merchandise, such that it may be considered subject to the AD order. If the ITA issues a preliminary affirmative determination, it will instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the merchandise at issue, entered or withdrawn from warehouse for consumption on or after the date of initiation of the inquiry, i.e. June 25, 2012.
(Final determination due within 300 days of June 25, 2012. See notice for additional details, including the scope of the orders, the petitioners' arguments and submissions, etc.)
ITA contact -- Thomas Schauer (202) 482-0410
(FR Pub 06/25/12, A--570--929)