AD: China Small Diameter Graphite Electrodes
The International Trade Administration has made a final affirmative antidumping duty determination that small diameter graphite electrodes from China are being, or are likely to be, sold in the U.S. at less than fair value.
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Combination Rates
The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, (Ref: 05041110), for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)
ITA Now Finds Critical Circumstances for All Respondents, China-wide Entity
The ITA continues to find that critical circumstances exist for the Fangda Group and the separate rate respondents (i.e., those companies with a 132.90% rate). (The Fangda Group includes Fushun Carbon Co., Ltd.; Fangda Carbon New Material Co., Ltd.; Chengdu Rongguang Carbon Co., Ltd.; Beijing Fangda Carbon Tech Co., Ltd.; and Hefei Carbon Co., Ltd.)
The ITA also now finds that critical circumstances exist for the China-wide entity, which now includes Fushun Jinly Petrochemical Carbon Co., Ltd.
Suspension of Liquidation
The ITA is directing U.S. Customs and Border Protection to continue to suspend liquidation of all imports of subject merchandise from the Fangda Group and the separate rate respondents, as well as the China-wide entity, including Fushun Jinly, with a time of entry on or after May 23, 2008 (90 days prior to the date of publication of the preliminary determination).
AD Cash Deposit/Bond Requirements
CBP will require an AD cash deposit or the posting of a bond at the AD rates specified below for entries of subject merchandise from China with a time of entry on or after January 14, 2009 (note that the AD rates have changed since the amended preliminary determination):
| Exporter | Final Rate |
|---|---|
| Fushun Carbon Co., Ltd. | 159.64% (from 48.20%) |
| Fangda Carbon New Material Co., Ltd. | 159.64% (from 48.20%) |
| Beijing Fangda Carbon Tech Co., Ltd. | 159.64% (from 48.20%) |
| Beijing Fangda Carbon Tech Co., Ltd. | 159.64% (from 48.20%) |
| Beijing Fangda Carbon Tech Co., Ltd. | 159.64% (from 48.20%) |
| Chengdu Rongguang Carbon Co., Ltd. | 159.64% (from 48.20%) |
| Jilin Carbon Import and Export Company | 132.90% (from 90.50%) |
| Guanghan Shida Carbon Co., Ltd. | 132.90% (from 90.50%) |
| Nantong River-East Carbon Joint Stock Co., Ltd. | 132.90% (from 90.50%) |
| Nantong River-East Carbon Joint Stock Co., Ltd. | 132.90% (from 90.50%) |
| Xinghe County Muzi Carbon Co. Ltd. | 132.90% (from 90.50%) |
| Brilliant Charter Limited | 132.90% (from 90.50%) |
| Brilliant Charter Limited | 132.90% (from 90.50%) |
| Shijiazhuang Huanan Carbon Factory | 132.90% (from 90.50%) |
| Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd. | 132.90% (from 90.50%) |
| Shanghai Jinneng International Trade Co., Ltd. | 132.90% (from 90.50%) |
| Dalian Thrive Metallurgy Import and Export Co., Ltd. | 132.90% (from 90.50%) |
| Dalian Thrive Metallurgy Import and Export Co., Ltd. | 132.90% (from 90.50%) |
| Dalian Thrive Metallurgy Import and Export Co., Ltd. | 132.90% (from 90.50%) |
| Dalian Thrive Metallurgy Import and Export Co., Ltd. | 132.90% (from 90.50%) |
| Dalian Thrive Metallurgy Import and Export Co., Ltd. | 132.90% (from 90.50%) |
| Dalian Thrive Metallurgy Import and Export Co., Ltd. | 132.90% (from 90.50%) |
| GES (China) Co., Ltd. | 132.90% (from 90.50%) |
| GES (China) Co., Ltd. | 132.90% (from 90.50%) |
| GES (China) Co., Ltd. | 132.90% (from 90.50%) |
| Qingdao Haosheng Metals & Minerals Imp & Exp Co., Ltd. | 132.90% (from 90.50%) |
| China-wide entity (including Fushun Jinly)1 | 159.64% (from 159.34%)1 |
1The ITA has determined that Fushun Jinly is part of the China-wide entity. In its amended preliminary determination, the ITA assigned Fushun Jinly an AD duty rate of 132.80%.
AD Duty Order to be Issued if ITC finds Injury/Threat of Injury
Within 45 days, the International Trade Commission will determine whether the domestic industry in the U.S. is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise.
If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the ITA will issue an AD duty order.
(See ITA notice for more information, including the scope of the order, etc.
See ITT's Online Archives or 09/23/08 news, 08092333, for BP summary of the amended preliminary affirmative AD determination.
See ITT's Online Archives or 08/21/08 news, 08082137, for BP summary of the original preliminary affirmative AD determination.)
ITA contact -Magd Zalok (202) 482-4162
ITA notice (FR Pub 01/14/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-699.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-sdge-final-010609.pdf