Active Anode Material From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
Federal RegisterJul 22, 2025
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-194]
Active Anode Material From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that active anode material from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through September 30, 2024. Interested parties are invited to comment on this preliminary determination.
DATES:
Applicable July 22, 2025.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Jacob Keller, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-4849, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 15, 2025.
1
On May 8, 2025, Commerce postponed the preliminary determination of this investigation.
2
The deadline for the preliminary determination is now July 16, 2025.
1
See Active Anode Material from the People's Republic of China: Initiation of Less-Than-Fair Value Investigation,
90 FR 3792 (January 15, 2025) (
Initiation Notice
).
2
See Active Anode Material from the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair Value Investigation,
90 FR 19466 (May 8, 2025).
For a complete description of the events that followed the initiation of this investigation,
see
the Preliminary Decision Memorandum.
3
A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov.
In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
3
See
Memorandum, “Decision Memorandum for the Preliminary Affirmative Determination in the Investigation of Sales at Less Than Fair Value of Active Anode Material from People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Investigation
The product covered by this investigation is active anode material from China. For a complete description of the scope of this investigation,
see
Appendix I.
Scope Comments
In accordance with the
Preamble
to Commerce's regulations,
4
the
Initiation Notice
set aside a period of time for parties to raise issues regarding product coverage (
i.e.,
scope).
5
Certain interested parties commented on the scope of the investigation as it appeared in the
Initiation Notice.
For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received,
see
the Preliminary Scope Decision Memorandum.
6
As discussed in the Preliminary Scope Decision Memorandum, Commerce is not preliminarily modifying the scope language as appeared in the
Initiation Notice.
4
See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (
Preamble
).
5
See Initiation Notice,
90 FR at 3793.
6
See
Memorandum, “Antidumping and Countervailing Duty Investigations of Active Anode Material from the People's Republic of China: Preliminary Scope Determination,” dated concurrently with this notice (Preliminary Scope Decision).
Methodology
Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily relied upon facts otherwise available, with adverse
inferences, for the China-wide entity. As discussed further below, we preliminarily determine that BTR New Material Group Sales (BTR) and Contemporary Amperex Technology Co., Ltd. (CATL) to be
de facto
controlled by the government of China and are, consequently, ineligible for a separate rate, and thus, are part of the China-wide entity and subject to the China-wide entity rate.
7
For a full description of the methodology underlying Commerce's preliminary determination,
see
the Preliminary Decision Memorandum.
7
See
Preliminary Decision Memorandum at 7.
Combination Rates
In the
Initiation Notice,
8
Commerce stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.
9
In this investigation, we assigned a producer/exporter combination rate for the companies that are listed in the “Preliminary Determination” and eligible for separate rates.
8
Id.
9
See
Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,” (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at
enforcement.trade.gov/policy/bull05-1.pdf.
Separate Rates
We preliminarily granted a separate rate to certain separate rate respondents that we did not select for individual examination.
10
In calculating the rate for non-individually examined separate rate respondents in a non-market economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy LTFV investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for those companies individually examined, excluding zero and
de minimis
dumping margins, and any dumping margins based entirely under section 776 of the Act. The statute further provides that, where all margins are zero,
de minimis,
or based entirely on facts available, Commerce may use “any reasonable method” for assigning the rate to non-selected respondents.
11
10
See
the Preliminary Decision Memorandum for additional details.
11
See
section 735(c)(5)(B) of the Act.
In this preliminary determination, we preliminarily find that the two individually examined respondents are not eligible for a separate rate, and thus, are part of the China-wide entity. The dumping margin preliminarily assigned to the China-wide entity is determined entirely under section 776 of the Act. In investigations where no estimated weighted-average dumping margins other than zero,
de minimis,
or those determined entirely under section 776 of the Act have been established for individually-examined entities, in accordance with section 735(c)(5)(B) of the Act, Commerce's practice is to calculate a simple average of the margins alleged in the petition and apply the result to the entities not individually examined but found eligible for a separate rate.
12
In this investigation, the simple average of the rates in the Petition is 93.50 percent.
13
See
the table below in the “Preliminary Determination” section of this notice.
12
See, e.g., Disposable Aluminum Containers, Pans, Trays, and Lids from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances,
90 FR 11705 (March 11, 2025);
see also
Preliminary Decision Memorandum at 9-10.
13
See
Petitioner's Letter, “Supplemental Questions Regarding Antidumping Volume II of the Petitions,” dated December 27, 2024, at Exhibit II-SUPP-9 (Petition);
see also
Petitioner's Letter, “Clarification of the Cost of Production,” dated July 15, 2025; Memorandum, “Less-Than-Fair-Value Investigation on Active Anode Material from the People's Republic of China: Preliminary Antidumping Duty Margins,” dated concurrently with this memorandum; and Preliminary Decision Memorandum at 11.
Preliminary Determination
Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:
Exporter
Producer
Weighted-
average
dumping
margin
(percent)
Cash deposit
rate
(adjusted
for subsidy
offsets)
(percent)
Carbon ONE New Energy Group Co., Ltd
Zhejiang Lichen New Materials Co., Ltd
93.50
93.50
Canadian Solar Energy Holding Company Limited
Xiamen Hithium Energy Storage Technology Co., Ltd
93.50
93.50
Canadian Solar Energy Holding Company Limited
EVE Power Co., Ltd
93.50
93.50
Canadian Solar Energy Holding Company Limited
CSI Energy Storage Co., Ltd
93.50
93.50
Canadian Solar Energy Holding Company Limited
CSI Energy Storage Technology (Dafeng) Co., Ltd
93.50
93.50
Farasis Energy (Zhenjiang) Co., Ltd
Farasis Energy (Zhenjiang) Co., Ltd
93.50
93.50
Farasis Energy (Ganzhou) Co., Ltd
Farasis Energy (Ganzhou) Co., Ltd
93.50
93.50
Tesla Manufacturing Brandenburg SE
BTR New Material Group Co., Ltd
93.50
93.50
Tesla (Shanghai) Co., Ltd
Shijiazhuang Shangtai Technology Co., Ltd
93.50
93.50
Tesla (Shanghai) Co., Ltd
Guangdong Kaijin New Energy Technology Corp., Ltd
93.50
93.50
Tesla (Shanghai) Co., Ltd
BTR New Material Group Sales Co., Ltd
93.50
93.50
Tesla (Shanghai) Co., Ltd
Shanghai XFH Technology Co. Ltd
93.50
93.50
LG Energy Solution (Nanjing) Co. Ltd
LG Energy Solution (Nanjing) Co. Ltd
93.50
93.50
Panasonic Energy Nandan, Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic Energy Nandan, Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Energy Nandan, Co., Ltd
BTR (Jiangsu) New Energy Material
93.50
93.50
Panasonic Energy (Suzhou) Co., Ltd
Resonac Electronic Materials (Yantai) Co., Ltd
93.50
93.50
Panasonic Energy (Suzhou) Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Energy (Wuxi) Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic Energy (Wuxi) Co., Ltd
Resonac Electronic Materials (Yantai) Co., Ltd
93.50
93.50
Panasonic Energy (Wuxi) Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Energy Mexico, S.A. DE. C.V
Resonac Corporation
93.50
93.50
Panasonic Energy Mexico, S.A. DE. C.V
Resonac Electronic Materials (Yantai) Co., Ltd
93.50
93.50
Panasonic Energy Mexico, S.A. DE. C.V
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Global Procurement (China) Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Global Procurement (China) Co., Ltd
BTR (Jiangsu) New Energy Material
93.50
93.50
Panasonic Global Procurement (China) Co., Ltd
Huzhou Kaijin New Energy Technology Corp., Ltd
93.50
93.50
Panasonic Connect Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic Connect Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic AVC Networks Taiwan Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic AVC Networks Taiwan Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Energy Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic Energy Co., Ltd
BTR (Jiangsu) New Energy Material
93.50
93.50
Panasonic Energy Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Kabushiki Kaisha (Panasonic Corporation)
Resonac Corporation
93.50
93.50
Panasonic Kabushiki Kaisha (Panasonic Corporation)
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Entertainment & Communication Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic Entertainment & Communication Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Panasonic Manufacturing (Shanghai) Co., Ltd
Resonac Corporation
93.50
93.50
Panasonic Manufacturing (Shanghai) Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Prime Planet Energy & Solutions, Inc
Prime Planet Energy Dalian Co
93.50
93.50
Saft (Zhuhai) Energy Storage Co., Ltd
Tianjin Lishen Battery Joint-Stock Co., Ltd
93.50
93.50
Saft (Zhuhai) Energy Storage Co., Ltd
Qingdao Lishen New Energy Technology Co. Ltd
93.50
93.50
Sunwoda Electronic Co., Ltd
Sunwoda Electronic Co., Ltd
93.50
93.50
Sunwoda Electronic Co., Ltd
Zhejiang Sunwoda Electronic Co., Ltd
93.50
93.50
Sunwoda Energy Technology Co., Ltd
Huizhou Sunwoda Energy Technology Co., Ltd
93.50
93.50
Sunwoda Mobility Energy Technology Co., Ltd
Nanjing Sunwoda New Power Co., Ltd
93.50
93.50
SK On Co., Ltd
BTR New Material Group Co., Ltd
93.50
93.50
Samsung SDI Energy Malaysia Sdn, Bhd
BTR New Material Group Sales Co., Ltd
93.50
93.50
Samsung SDI Energy Malaysia Sdn, Bhd
Jiangxi Zichen Technology Co., Ltd
93.50
93.50
Samsung SDI (Tianjin) Battery Co., Ltd
BTR New Material Group Sales Co., Ltd
93.50
93.50
Samsung SDI (Tianjin) Battery Co., Ltd
Jiangxi Zichen Technology Co., Ltd
93.50
93.50
Samsung SDI (Tianjin) Battery Co., Ltd
Carbon ONE New Energy Group Co., Ltd
93.50
93.50
Samsung SDI Hungary ZRT
BTR New Material Group Sales Co., Ltd
93.50
93.50
Samsung SDI Hungary ZRT
Jiangxi Zichen Technology Co., Ltd
93.50
93.50
Samsung SDI Co., Ltd
BTR New Material Group Sales Co., Ltd
93.50
93.50
Samsung SDI Co., Ltd
Jiangxi Zichen Technology Co., Ltd
93.50
93.50
Hunan Zhongke Shinzoom Co., Ltd
Guizhou Zhongke Shinzoom Co., Ltd
93.50
93.50
Jiangxi Zichen Technology Co., Ltd
Jiangxi Zichen Technology Co., Ltd
93.50
93.50
Resonac Corporation
Henan Yicheng New Energy Co., Ltd
93.50
93.50
Resonac Corporation
PetroChina Daqing Petrochemical Company
93.50
93.50
Resonac Corporation
Qingdao Qingbei Carbon Products Co., Ltd
93.50
93.50
Shanghai Shanshan New Material Co., Ltd
Inner Mongolia Shanshan Technology Co., Ltd
93.50
93.50
Shanghai Shanshan New Material Co., Ltd
Sichuan Shanshan New Material Co., Ltd
93.50
93.50
Shanghai Shanshan New Material Co., Ltd
Fujian Shanshan Technology Co., Ltd
93.50
93.50
Shanghai Shanshan New Material Co., Ltd
Ningbo Shanshan New Material Technology Co., Ltd
93.50
93.50
China-Wide Entity
* 102.72
102.72
* This rate is based on facts available with adverse inferences.
Suspension of Liquidation and Cash Deposit Requirements
In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the
Federal Register
,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) for the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (3) for all third-county exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or the China-wide entity) that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the “Preliminary Determination” section's table of estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional
measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations and analysis it performed in connection with this preliminary determination within five days of the public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the
Federal Register
in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if appropriate, correct any timely allegations of significant ministerial errors by amending the preliminary determination. However, consistent with 19 CFR 351.224(d), Commerce will not consider incomplete allegations that do not address the significance standard under 19 CFR 351.224(g) following the preliminary determination. Instead, Commerce will address such allegations in the final determination together with issues raised in the case briefs or other written comments.
Verification
Because the mandatory respondents in this investigation are not eligible for a separate rate, Commerce does not intend to conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of this preliminary determination in the
Federal Register
. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.
14
Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.
15
14
See
19 CFR 351.309(d);
see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (
APO and Service Final Rule
).
15
See
19 351.309(c)(2) and (d)(2).
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this investigation, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.
16
Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).
17
16
We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
17
See APO and Service Final Rule.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the
Federal Register
. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date, time, and location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional Measures
Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping duty determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.
On July 8 and 11, 2025, BTR and CATL requested that Commerce postpone the final determination and that the provisional measures be extended to a period not to exceed six months, respectively.
18
In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.
18
See
BTR's Letter, “Request to Extend Final Determination,” dated July 8, 2025;
see also
CATL's Letter, “CATL's Final Determination Extension Request,” dated July 11, 2025.
U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify the ITC of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of subject merchandise are materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: July 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation is active anode material, which is an anode grade graphite material with a graphite minimum purity content of 90 percent carbon by weight, whether
containing synthetic graphite, natural graphite, or a blend of synthetic and natural graphite; with or without coating. Subject merchandise may be in the form of powder, dry, liquid, or block form and is covered irrespective of the form in which it enters. Subject merchandise typically has a maximum size of 80 microns when in powder form. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80 percent or greater, where graphitization refers to the extent of the graphite crystal structure.
Subject merchandise is covered regardless of whether it is mixed with silicon based active materials,
e.g.,
silicon-oxide (SiOx), silicon-carbon (SiC), or silicon, or additives such as carbon black or carbon nanotubes. Subject merchandise is covered regardless of the combination of compounds that comprise the graphite material. Subject merchandise is covered regardless of whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode. Only the anode grade graphite material is covered when entered as part of a mixture with silicon based active materials, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.
Active anode material subject to the investigation may be classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject merchandise may also enter under HTSUS subheadings 2504.10.1000 and 3801.90.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777(A)(f) of the Act
VI. Adjustment to Cash Deposit Rates for Export Subsidies in the Companion Countervailing Duty Investigation
VII. Recommendation
[FR Doc. 2025-13692 Filed 7-21-25; 8:45 am]
BILLING CODE 3510-DS-P
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