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China Graphite Electrodes: Prelim Circumvention for UK Company

The International Trade Administration issued an affirmative preliminary determination that small diameter graphite electrodes processed and exported from the U.K. to the U.S. by UK Carbon and Graphite Co., Ltd. is circumventing the antidumping duty order on small diameter graphite electrodes from China (A-570-929). The ITA will instruct CBP to suspend liquidation and to require an AD cash deposit on unliquidated entries of subject merchandise produced and/or exported by UK Carbon and Graphite entered beginning March 18, 2011.

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Electrodes Undergo “Minor and Insignificant” Change from China-Origin Parts

The ITA preliminarily found that the graphite electrodes sold in the U.S. by UK Carbon and Graphite was completed in the U.K. from merchandise produced in China subject to the AD order at issue. Additionally, the ITA found that the process of completion in the U.K. was minor and insignificant.

Liquidation Suspended on Entries by UK Carbon and Graphite on/after March 18, 2011

The ITA will direct U.S. Customs and Border Protection to suspend liquidation for all entries of graphite electrodes produced and/or exported by UK Carbon and Graphite that were entered, or withdrawn from warehouse, for consumption on or after March 18, 2011 (the initiation date of this inquiry).

China-Wide Cash Deposit for UK Carbon and Graphite on/after March 18, 2011

The ITA will also instruct CBP to require an AD cash deposit at the China-wide entity rate of 159.64% for all entries of graphite electrodes produced and/or exported by UK Carbon and Graphite, unless the importer can demonstrate that (1) the primary input material was produced by a company that has a separate rate, in which case CBP will collect an AD cash deposit at that company’s rate, or (2) the graphite electrodes at issue were produced from reconditioned rods or rods sourced from a third country exporter, in which case CBP should not suspend those entries or collect AD cash deposits on those entries.

(The period of inquiry is 07/01/09 -- 06/30/10. See notice for the scope of the order, etc. See ITT’s Online Archives 11031811 for summary of the initiation of this anti-circumvention inquiry.)

ITA Contact -- Brendan Quinn (202) 482-5848