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Federal Register / Vol. 73, No.

30 / Wednesday, February 13, 2008 / Notices 8287

being granted a separate rate, the cash of Commerce, 14th Street and Schedule of the United States
deposit rate will be that established in Constitution Avenue, NW, Washington, (‘‘HTSUS’’) subheading 8545.11.0000.
the final results of these reviews; (2) for DC 20230; telephone: (202) 482–4162. The HTSUS number is provided for
previously investigated or reviewed PRC SUPPLEMENTARY INFORMATION: convenience and customs purposes, but
and non-PRC exporters not listed above the written description of the scope is
that have separate rates, the cash The Petition dispositive.
deposit rate will continue to be the On January 17, 2008, the Department
Comments on Scope of Investigation
exporter-specific rate published for the of Commerce (‘‘Department’’) received a
most recent period; (3) for all PRC petition concerning imports of small During our review of the Petition, we
exporters of subject merchandise that diameter graphite electrodes (‘‘SDGE’’) discussed the scope with the Petitioners
have not been found to be entitled to a from the People’s Republic of China to ensure that it is an accurate reflection
separate rate, the cash deposit rate will (‘‘PRC’’) filed in proper form by SGL of the products for which the domestic
be the PRC-wide rate of 216.01 percent; Carbon LLC and Superior Graphite Co. industry is seeking relief. Moreover, as
and (4) for all non-PRC exporters of (collectively ‘‘Petitioners’’). See Petition discussed in the preamble to the
subject merchandise which have not on Small Diameter Graphite Electrodes regulations (Antidumping Duties;
received their own rate, the cash deposit from the People’s Republic of China Countervailing Duties; Final Rule, 62 FR
rate will be the rate applicable to the dated January 17, 2008 (‘‘Petition’’). On 27296, 27323 (May 19, 1997)), we are
PRC exporters that supplied that non- January 22 and 29, 2008, the setting aside a period for interested
PRC exporter. These deposit Department issued a request for parties to raise issues regarding product
requirements, when imposed, shall additional information regarding, and coverage. The Department encourages
remain in effect until further notice. clarification of certain areas of, the all interested parties to submit such
Petition. Based on the Department’s comments within 20 days of signature of
Notification to Importers requests, the Petitioners filed additional this notice. Comments should be
This notice also serves as a information on January 25 and 30, 2008. addressed to Import Administration’s
preliminary reminder to importers of The period of investigation (‘‘POI’’) is Central Records Unit (‘‘CRU’’), Room
their responsibility under 19 CFR July 1 through December 31, 2007. See 1870, U.S. Department of Commerce,
351.402(f) to file a certificate regarding 19 CFR 351.204(b). 14th Street and Constitution Avenue,
the reimbursement of antidumping In accordance with section 732(b) of NW, Washington, DC 20230, attention
duties prior to liquidation of the the Tariff Act of 1930, as amended (‘‘the Magd Zalok, room 3067. The period of
relevant entries during this review Act’’), the Petitioners allege that imports scope consultations is intended to
period. Failure to comply with this of SDGE from the PRC are being, or are provide the Department with ample
requirement could result in the likely to be, sold in the United States at opportunity to consider all comments
Secretary’s presumption that less than fair value, within the meaning and to consult with parties prior to the
reimbursement of antidumping duties of section 731 of the Act, and that such issuance of the preliminary
occurred and the subsequent assessment imports are materially injuring, or determination.
of double antidumping duties. threaten material injury to, an industry Comments on Product Characteristics
The Department is issuing and in the United States. for Antidumping Duty Questionnaire
publishing these preliminary results of The Department finds that the
Petitioners filed this Petition on behalf We are requesting comments from
administrative review and new shipper
of the domestic industry because the interested parties regarding the
review in accordance with sections
Petitioners are interested parties as appropriate physical characteristics of
751(a) and 777(i)(1) of the Act, and 19
defined in section 771(9)(C) of the Act, SDGE to be reported in response to the
CFR 351.221(b) and 351.214(h).
and have demonstrated sufficient Department’s antidumping
Dated: January 31, 2008. industry support with respect to the questionnaire. This information will be
David M. Spooner, antidumping duty investigation that the used to identify the key physical
Assistant Secretary for Import Petitioners are requesting that the characteristics of the subject
Administration. Department initiate (see ‘‘Determination merchandise in order for respondents to
[FR Doc. E8–2648 Filed 2–12–08; 8:45 am] of Industry Support for the Petition’’ accurately report the relevant factors of
BILLING CODE 3510–DS–P section below). production, as well as develop
appropriate product reporting criteria.
Scope of Investigation Interested parties may provide any
DEPARTMENT OF COMMERCE The merchandise covered by this information or comments that they feel
investigation includes all small are relevant to the development of an
International Trade Administration diameter graphite electrodes of any accurate list of physical characteristics.
[A–570–929] length, whether or not finished, of a Specifically, they may provide
kind used in furnaces, with a nominal comments as to which characteristics
Small Diameter Graphite Electrodes or actual diameter of 400 millimeters are appropriate to use as general
from the People’s Republic of China: (16 inches) or less, and whether or not product characteristics and product
Initiation of Antidumping Duty attached to a graphite pin joining system reporting criteria. We note that it is not
Investigation or any other type of joining system or always appropriate to use all product
hardware. Small diameter graphite characteristics as product reporting
AGENCY: Import Administration, electrodes are most commonly used in criteria. We base product reporting
International Trade Administration, primary melting, ladle metallurgy, and criteria on meaningful differences
Department of Commerce. specialty furnace applications in among products. While there may be
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EFFECTIVE DATE: February 13, 2008. industries including foundries, smelters, some physical product characteristics
FOR FURTHER INFORMATION CONTACT: and steel refining operations. Small which manufacturers use to describe
Magd Zalok, AD/CVD Operations, Office diameter graphite electrodes subject to SDGE, it may be that only a select few
4, Import Administration, International this investigation are currently product characteristics take into account
Trade Administration, U.S. Department classified under the Harmonized Tariff meaningful physical characteristics. In

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8288 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices

order to consider the suggestions of (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. support for, or opposition to, the
interested parties in developing the 1989), cert. denied 492 U.S. 919 (1989). Petition. Accordingly, the Department
antidumping duty questionnaire, we Section 771(10) of the Act defines the determines that the Petition was filed on
must receive comments at the above– domestic like product as ‘‘a product behalf of the domestic industry within
referenced address by February 26, which is like, or in the absence of like, the meaning of section 732(b)(1) of the
2008. Rebuttal comments must be most similar in characteristics and uses Act. See PRC Initiation Checklist at
received within 10 calendar days of the with, the article subject to an Attachment II (Industry Support).
receipt of timely filed comments. investigation under this subtitle.’’ Thus, The Department finds that the
the reference point from which the Petitioners filed the Petition on behalf of
Determination of Industry Support for domestic like product analysis begins is the domestic industry because they are
the Petition ‘‘the article subject to an investigation,’’ interested parties as defined in section
Section 732(b)(1) of the Act requires (i.e., the class or kind of merchandise to 771(9)(C) of the Act and they have
that a petition be filed on behalf of the be investigated, which normally will be demonstrated sufficient industry
domestic industry. Section 732(c)(4)(A) the scope as defined in the petition). support with respect to the antidumping
of the Act provides that a petition meets With regard to the domestic like investigation that they are requesting
this requirement if the domestic product, the Petitioners do not offer a the Department initiate. See PRC
producers or workers who support the definition of domestic like product Initiation Checklist at Attachment II
petition account for: (i) at least 25 distinct from the scope of the (Industry Support).
percent of the total production of the investigation. Based on our analysis of
the information submitted on the Allegations and Evidence of Material
domestic like product; and (ii) more Injury and Causation
than 50 percent of the production of the record, we have determined that SDGE
constitute a single domestic like product The Petitioners allege that the U.S.
domestic like product produced by that
and we have analyzed industry support industry producing the domestic like
portion of the industry expressing
in terms of that domestic like product. product is being materially injured, or is
support for, or opposition to, the
For a discussion of the domestic like threatened with material injury, by
petition. Moreover, section 732(c)(4)(D)
product analysis in this case, see the reason of the imports of the subject
of the Act provides that, if the petition
Antidumping Investigation Initiation merchandise sold at less than normal
does not establish support of domestic
Checklist: Small Diameter Graphite value (‘‘NV’’). The Petitioners contend
producers or workers accounting for
Electrodes from the People’s Republic of that the industry’s injured condition is
more than 50 percent of the total
China (PRC) (PRC Initiation Checklist), illustrated by reduced market share, lost
production of the domestic like product,
Industry Support at Attachment II, on sales, reduced production, reduced
the Department shall: (i) poll the
file in the CRU. capacity utilization rate, reduced
industry or rely on other information in On February 1, 2008, we received an shipments, underselling and price
order to determine if there is support for industry support challenge from an depressing and suppressing effects, lost
the petition, as required by importer of graphite electrodes from revenue, reduced employment, decline
subparagraph (A), or (ii) determine China. The Petitioners responded to this in financial performance, and an
industry support using a statistically submission on February 4, 2008. See increase in import penetration. We have
valid sampling method if there is a large PRC Initiation Checklist at Attachment assessed the allegations and supporting
number of producers in the industry. II (Industry Support). Our review of the evidence regarding material injury and
Section 771(4)(A) of the Act defines data provided in the Petition, causation, and have determined that
the ‘‘industry’’ as the producers as a supplemental submissions, and other these allegations are properly supported
whole of a domestic like product. Thus, information readily available to the by adequate evidence and meet the
to determine whether a petition has the Department indicates that the statutory requirements for initiation. See
requisite industry support, the statute Petitioners have established industry PRC Initiation Checklist at Attachment
directs the Department to look to support. First, the Petition established III (Injury).
producers and workers who produce the support from domestic producers (or
domestic like product. The International workers) accounting for more than 50 Allegation of Sales at Less Than Fair
Trade Commission (ITC), which is percent of the total production of the Value
responsible for determining whether domestic like product and, as such, the The following is a description of the
‘‘the domestic industry’’ has been Department is not required to take allegation of sales at less than fair value
injured, must also determine what further action in order to evaluate upon which the Department based its
constitutes a domestic like product in industry support (e.g., polling). See decision to initiate this investigation of
order to define the industry. While both section 732(c)(4)(D) of the Act. Second, imports of SDGE from the PRC. The
the Department and the ITC must apply the domestic producers have met the sources of data for the deductions and
the same statutory definition regarding statutory criteria for industry support adjustments relating to the U.S. price
the domestic like product (section under section 732(c)(4)(A)(i) of the Act and the factors of production are also
771(10) of the Act), they do so for because the domestic producers (or discussed in the checklist. See Initiation
different purposes and pursuant to a workers) who support the Petition Checklist. Should the need arise to use
separate and distinct authority. In account for at least 25 percent of the any of this information as facts available
addition, the Department’s total production of the domestic like under section 776 of the Act in our
determination is subject to limitations of product. Finally, the domestic preliminary or final determinations, we
time and information. Although this producers have met the statutory criteria will reexamine the information and
may result in different definitions of the for industry support under revise the margin calculations, if
like product, such differences do not 732(c)(4)(A)(ii) because the domestic appropriate.
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render the decision of either agency producers (or workers) who support the
contrary to law. See USEC, Inc. v. Petition account for more than 50 Export Price
United States, 132 F. Supp. 2d 1, 8 (CIT percent of the production of the The Petitioners relied on 14 prices
2001), citing Algoma Steel Corp. Ltd. v. domestic like product produced by that obtained from U.S. resellers for SDGE
United States, 688 F. Supp. 639, 644 portion of the industry expressing manufactured by Chinese producers/

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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices 8289

exporters. The 14 prices were for POI China, 72 FR 9508 (March 2, 2007), and page 56. In calculating surrogate values
sales of certain types of SDGE falling Final Determination of Sales at Less from Indian import data, the Petitioners
within the scope of the Petition. The Than Fair Value and Partial Affirmative excluded the values of imports from
Petitioners deducted from the quoted Determination of Critical unspecified countries, NME countries,
prices the costs associated with Circumstances: Certain Polyester Staple and countries which the Department has
exporting and delivering the product to Fiber from the People’s Republic of found to maintain broadly available,
the customer in the United States, China, 72 FR 19690 (April 19, 2007). In non–industry-specific export subsidies
including foreign brokerage and accordance with section 771(18)(C)(i) of (i.e., Indonesia, the Republic of Korea
handling, ocean freight and insurance, the Act, the presumption of NME status and Thailand). See Hand Trucks and
U.S. inland freight, U.S. port fees, and remains in effect until revoked by the Certain Parts Thereof From the People’s
a reseller’s mark–up. See Initiation Department. Because the presumption Republic of China: Final Results of
Checklist. The Petitioners calculated of NME status for the PRC has not been Administrative Review and Final
foreign brokerage and handling based on revoked by the Department it remains in Results of New Shipper Review, 72 FR
the methodology used by the effect for purposes of the initiation of 27287 (May 15, 2007), and
Department in the Final Determination this investigation. Accordingly, the NV accompanying Issues and Decision
of Sales at Less Than Fair Value and of the product is appropriately based on Memorandum at Comment 23.
Partial Affirmative Determination of factors of production valued in a The Petitioners valued electricity
Critical Circumstances: Certain surrogate market–economy country in using the cost of electricity for
Polyester Staple Fiber from the People’s accordance with section 773(c) of the industrial use in India for 2000,
Republic of China, 72 FR 19690 (April Act. After initiation, all parties will obtained from Energy Prices and Taxes,
19, 2007), and the accompanying have the opportunity to provide relevant Quarterly Statistics, 3rd Quarter 2003,
memorandum, Investigation of Certain information related to the issues of the published in the International Financial
Polyester Staple Fiber from the People’s PRC’s NME status and the granting of Statistics by the IMF. See Petition at
Republic of China: Surrogate Values for separate rates to individual exporters. pages 61–62 and Exhibit AD–7.
the Final Determination, dated April 10, The Petitioners selected India as the The Petitioners valued natural gas
2007, at 2. See also the Petition at page surrogate country arguing, pursuant to based on an article in The Financial
51 and Exhibit AD–5. The Petitioners section 773(c)(4) of the Act, that India Express, ‘‘ Gas Prices Hiked 12%,’’
calculated ocean freight and insurance is an appropriate surrogate because it is dated May 28, 2005. See Petition at
based on the CIF data for imports of a market–economy country that is at a pages 62–63 and Exhibit AD–7.
SDGE from the PRC under HTSUS level of economic development Where a surrogate value was in effect
number 8545.11.0000, which were comparable to that of the PRC and is a during a period preceding the POI, the
reported in the official U.S. import significant producer and exporter of Petitioners adjusted it using the Indian
statistics published by the U.S. SDGE. See Petition at pages 52 through wholesale price index in the publication
International Trade Commission 54. Based on the information provided International Financial Statistics, which
Dataweb. The Petitioners calculated by the Petitioners, we find it appropriate is published by the International
U.S. port fees, including harbor to use India as a surrogate country for Monetary Fund. See Petition at Exhibit
maintenance and processing fees, based this initiation. After initiation, we will AD–7. The surrogate values used by the
on standard charges applicable to SDGE solicit comments regarding surrogate Petitioners for the above–referenced
imported under HTSUS number country selection. inputs consist of information reasonably
8545.11.0000. Lastly, the Petitioners The Petitioners calculated NVs for available to the Petitioners and are,
calculated U.S. inland freight and a each of the U.S. prices discussed above therefore, acceptable for purposes of
reseller’s mark–up based on their own using the Department’s NME initiation.
experience and knowledge of the methodology that is required by 19 CFR The Petitioners based factory
industry. 351.202(b)(7)(i)(C) and 19 CFR 351.408. overhead expenses, selling, general and
Because the quantities of the factors of administrative expenses, and profit on
NV production that are consumed by data from an Indian SDGE producer,
The Petitioners stated that the Chinese companies in manufacturing Graphite India Limited. The data come
Department has not revoked the non– SDGE are not available to the from the company’s most recently
market economy (‘‘NME’’) status of the Petitioners, the Petitioners calculated available annual report which covers
PRC, and thus they treated the PRC as NVs using consumption rates the period April 1, 2006, through March
a NME country for purposes of their experienced by U.S. producers of SDGE. 31, 2007. See Petition at pages 63–64
Petition. The Department examined the See≥ Petition at page 54. The Petitioners and Exhibit AD–8, as well as Enclosure
PRC’s market status and determined that provided information which they claim 1 of the January 30, 2008, supplement
NME status should continue for the demonstrates that Chinese and U.S. to the Petition. We find that the
PRC. See Memorandum from the Office companies use the same process to Petitioners’ use of this company’s
of Policy to David M. Spooner, Assistant produce SDGE. See the January 25, information as surrogate financial data
Secretary for Import Administration, 2008, supplement to Petition at 11 and is appropriate for purposes of this
Regarding The People’s Republic of Enclosure 13. Additionally, the initiation.
China Status as a Non–Market Petitioners provide an affidavit to
Economy, dated May 15, 2006. (This support their use of U.S. production Fair Value Comparisons
document is available online at http:// data. See the Petition at Exhibit AD–2. Based on the data provided by the
ia.ita.doc.gov/download /prc–nme- The Petitioners valued the factors of Petitioners, there is reason to believe
status/prc–nme-status–memo.pdf.) In production as noted below. that imports of SDGE from the PRC are
addition, in every subsequent The Petitioners valued material inputs being, or are likely to be, sold in the
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investigations, the Department treated using the most recently available six United States at less than fair value.
the PRC as an NME country. See, e.g., months of import data from the World Based on comparisons of export price to
Final Determination of Sales at Less Trade Atlas (data from December 2006 NV, calculated in accordance with
Than Fair Value: Certain Activated through May 2007). See the PRC section 773(c) of the Act, the estimated
Carbon from the People’s Republic of Initiation Checklist and the Petition at dumping margins for SDGE range from

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8290 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices

119.09 percent to 159.34 percent. See of publication of this Federal Register imports of SDGE from the PRC are
Enclosure 4 of the January 30, 2008, notice. materially injuring, or threatening
supplement to the Petition. material injury to, a U.S. industry. A
Use of Combination Rates in an NME
negative ITC determination will result
Initiation of Antidumping Investigation Investigation
in the investigation being terminated;
Based upon the examination of the The Department will calculate otherwise, this investigation will
Petition on SDGE from the PRC, the combination rates for certain proceed according to statutory and
Department finds that the Petition meets respondents that are eligible for a regulatory time limits.
the requirements of section 732 of the separate rate in this investigation. The This notice is issued and published
Act. Therefore, we are initiating an Separate Rates and Combination Rates pursuant to section 777(i) of the Act.
antidumping duty investigation to Bulletin, states: Dated: February 6, 2008.
determine whether imports of SDGE {w}hile continuing the practice of
from the PRC are being, or are likely to Ronald K. Lorentzen,
assigning separate rates only to
be, sold in the United States at less than exporters, all separate rates that the Acting Deputy Assistant Secretary for Import
fair value. In accordance with section Administration.
Department will now assign in its
733(b)(1)(A) of the Act, unless NME investigations will be specific [FR Doc. E8–2646 Filed 2–12–08; 8:45 am]
postponed, we will make our to those producers that supplied the BILLING CODE 3510–DS–S
preliminary determination no later than exporter during the period of
140 days after the date of this initiation. investigation. Note, however, that
one rate is calculated for the DEPARTMENT OF COMMERCE
Separate Rates
exporter and all of the producers International Trade Administration
In order to obtain separate–rate status which supplied subject
in NME investigations, exporters and merchandise to it during the period [A–469–814]
producers must submit a separate–rate of investigation. This practice
status application. See Policy Bulletin applies both to mandatory Chlorinated Isocyanurates from Spain:
05.1: Separate–Rates Practice and respondents receiving an Initiation of Antidumping Duty New
Application of Combination Rates in individually calculated separate Shipper Review
Antidumping Investigations Involving rate as well as the pool of non–
Non–Market Economy Countries (April AGENCY: Import Administration,
investigated firms receiving the International Trade Administration,
5, 2005) (Separate Rates and weighted–average of the
Combination Rates Bulletin), available Department of Commerce.
individually calculated rates. This SUMMARY: The Department of Commerce
on the Department’s website at http:// practice is referred to as the (the Department) has received a request
ia.ita.doc.gov/policy/bull05–1.pdf. application of ‘‘combination rates’’ for a new shipper review under the
Based on our experience in processing because such rates apply to specific antidumping duty order on chlorinated
the separate–rate applications in combinations of exporters and one isocyanurates from Spain issued on June
previous antidumping duty or more producers. The cash– 24, 2005. See Chlorinated Isocyanurates
investigations, we have modified the deposit rate assigned to an exporter from Spain: Notice of Antidumping
application for this investigation to will apply only to merchandise Duty Order, 70 FR 36562 (June 24,
make it more administrable and easier both exported by the firm in 2005). In accordance with section
for applicants to complete. See, e.g., question and produced by a firm 751(a)(2)(B) of the Tariff Act of 1930, as
Initiation of Antidumping Duty that supplied the exporter during amended (the Act), and 19 CFR
Investigation: Certain New Pneumatic the period of investigation. 351.214(c), we are initiating an
Off–the-Road Tires From the People’s (Emphasis in original.) antidumping new shipper review of
Republic of China, 72 FR 43591, 43594– See Separate Rates and Combination Inquide Flix, S.A., (Inquide). The period
95 (August 6, 2007). The specific Rates Bulletin at 6. of review (POR) of this new shipper
requirements for submitting the
Distribution of Copies of the Petition review is June 1, 2007 through
separate–rate application in this
November 30, 2007.
investigation are outlined in detail in In accordance with section
the application itself, which will be EFFECTIVE DATE: February 13, 2008.
732(b)(3)(A) of the Act and 19 CFR
available on the Department’s website at 351.202(f), copies of the public version FOR FURTHER INFORMATION CONTACT:
http://ia.ita.doc.gov/ia–highlights-and– of the Petition have been provided to Scott Lindsay, AD/CVD Operations,
news.html on the date of publication of the representatives of the Government of Office 6, Import Administration,
this initiation notice in the Federal the PRC. We will attempt to provide a International Trade Administration,
Register. The separate–rate application copy of the public version of the Department of Commerce, 14th Street
will be due 60 days after publication of Petition to the foreign producers/ and Constitution Avenue, N.W.,
this initiation notice. exporters, consistent with 19 CFR Washington, DC 20230; telephone: (202)
351.203(c)(2). 482–0780.
Respondent Selection
SUPPLEMENTARY INFORMATION:
For this investigation, the Department International Trade Commission
intends to select respondents based on Notification Background
U.S. Customs and Border Protection We have notified the ITC of our In accordance with section
(CBP) data for U.S. imports under initiation, as required by section 732(d) 751(a)(2)(B) of the Act and 19 CFR
HTSUS number 8545.11.0000 during of the Act. 351.214(c), the Department received a
the POI. We intend to make our decision timely request from Inquide, a producer
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regarding respondent selection within Preliminary Determination by the and exporter of chlorinated
20 days of publication of this Federal International Trade Commission isocyanurates, for a new shipper review
Register notice. The Department invites The ITC will preliminarily determine, of the antidumping duty order on
comments regarding the CBP data and no later than March 3, 2008, whether chlorinated isocyanurates from Spain.
respondent selection within seven days there is a reasonable indication that See December 28, 2007, submission

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