CIT Remands AD Duty Circumvention Finding on Slightly Larger Graphite Electrodes

The Court of International Trade on Sept. 24 ordered the Commerce Department to revisit a finding that imports of 17” diameter graphite electrodes are circumventing antidumping duties on small diameter graphite electrodes from China. Although the scope of the AD duty order is limited to graphite electrodes with a diameter of 16” or less, Commerce in a 2012 anti-circumvention inquiry found that 17” electrodes imported by Ceramark had only undergone a “minor alteration” and are still subject to duties. CIT ruled that Commerce failed to consider whether an “alteration” had occurred, because it did not look into whether 17” electrodes did not exist at the time the duties were put in place and the scope was defined. Commerce also failed to address the fact that the domestic companies that originally requested the duties chose to limit AD duties to electrodes with a diameter of 16” or less.