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CIT Sustains Finding of AD Duty Circumvention for UK Graphite Electrode Company

The Court of International Trade upheld the Commerce’s Department’s finding that UK Carbon and Graphite is circumventing the antidumping duty order on small diameter graphite electrodes from China. In August 2012, Commerce said UKCG was circumventing the order by sourcing unfinished graphite electrodes from China, putting them through a minor finishing process in the UK, and exporting the product to the U.S. (see 12080817). The court said Commerce justified its analysis, including its decision to apply the China-wide rate to UKCG, as well as its use of surrogate values from other countries to set the price of the Chinese inputs when determining how much value UKCG added in the UK.

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(U.K. Carbon & Graphite Co. v. U.S., Slip Op. 13-114, dated 08/29/13, Judge Carman)